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HomeMy WebLinkAbout54-16 Town of Emerald IslePermit Class Permit Number NEW 54-16 STATE OF NORTH C.AROLINA Department of Environmental Quality and Coastal Resources Commission for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-1 18 X Excavation and/or filling pursuant to NCGS 113-229 ,.Issued to Town of Emerald Isle, 7500 Emerald Drive, Emerald .Isle, NC 28594 'Authorizing development in Carteret County at the Atlantic Ocean, Bogue Inlet, AIWW Crossing, & the oceanfront shoreline of Emerald Isle as requested in the permittee's application dated 3/3/15, including attached wodcplan drawings (7) as referenced in Condition No. I below. This permit, issued on May 6, 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. 1) IJuiess :specifically altered herein, all development shall be carried out in accordance with the attached worITIan drawings (7), labeled Figure 2, dated 5/4/15; `Attachment 3.1, Items 2-8", Items 2-3, dated 8/1 /13; Items 4, dated 7/25/14; Item 5, dated 5/25/12; Item 6, undated; Item 8, dated l eceived DCM Wilmington 5/12/15; and AEC Hazard Notice dated 3/3115. 2) in order to protect threatened and endangered species and to minimize adverse impacts to offshore, nearshore. intertidal and beach resources, no excavation or beach nourishment activities, including mobilization and demobilization, shall occur from April I to November 15 of any year without prior approval from the Division of Coastal Management in consultation with the Division of Marine Fisheries, the North Carolina Wildlife Resources Commission, and the U.S. Army Corps of Engineers. (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. Anv maintenance work or project modification not covered hereunder requires further Division approval. 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. Signed by the authority of the Secretary of DE:Q and the Chairman of the Coastal Resources Commission. Braxtor yDavis, Director ision of Coastal Management. This permit and its conditions are hereby accepted. Signature of Permittee Town of Emerald Isle ADDITIONAL CONDITIONS Excavation Permit No. 54-16 Page 2 of 7 3) All excavation shall take place entirely within the areas indicated on the attached workplan drawings. 4) Excavation shall not exceed -8' MLW (with a maximum 2' overdredge allowance) in Bogue Inlet, -6'MLW in the connecting channel (with a maximum 2' overdredge allowance), and -12' MLW at the AIWW crossing (with a maximum 2' overdredge allowance). 5) The temporary placement or double -handling of excavated or fill materials within waters or vegetated wetlands is not authorized. Beach Nourishment 6) This permit authorizes beach nourishment activities to be carried out one (1) time along the entire reach of the requested project area. Any request to carry out additional activities within an area where nourishment activities have been completed under this permit shall require a modification of this permit. 7) Prior to any nourishment activities occurring between April 1 and October 31 of any year, the Division of Marine Fisheries, Shellfish Sanitation Section shall be notified so that any necessary swimming advisories may be posted. 8) Prior to initiation of beach nourishment activity along each section of beach, the existing mean high water line shall be surveyed, and a copy of the survey provided to the Division of Coastal Management. NOTE: The permittee is advised that the State of North Carolina claims title to all currently submerged lands and any future lands that are raised above the mean high water level as a result of this project. 9) Prior to the initiation of beach nourishment activity on a specific property, easements or similar legal instruments shall be obtained from the impacted property owner(s). 10) Prior to the initiation of any single event that is considered by the rules of the Coastal Resources Commission to be a large-scale beach nourishment activity (currently defined as any volume of sediment greater than 300,000 cubic yards), the permittee shall coordinate with the Division of Coastal Management to determine the static vegetation line that shall be used as the reference point for measuring future oceanfront setbacks. The static vegetation line, which is defined as the vegetation line that existed within one year prior to the onset of initial project construction, shall be established using on -ground observation and survey or aerial imagery. This static vegetation line shall then be marked and a survey depicting this static vegetation line shall be submitted to the Division of Coastal Management prior to any large-scale beach nourishment activities. 11) Temporary dikes shall be used to retain and direct flow of material parallel to the shoreline to minimize surf zone turbidities. The temporary dikes shall be removed and the beach graded in accordance with approved profiles upon completion of pumping activities in that particular section of beach. y Town of Emerald Isle l ADDITIONAL CONDITIONS Permit No. 54-16 Page 3 of 7 12) Should dredging operations encounter sand deemed non compatible with 15A NCAC 07H .0312 (Technical Standards for Beach Fill Projects), the dredge operator shall immediately cease operation and contact the Division of Coastal Management and U.S. Army Corps of Engineers- Wilmington District Office. Dredge operations shall resume after resolution of the issue of sand compatibility. 13) In order to prevent leakage, dredge pipes shall be routinely inspected. If leakage is found and repairs cannot be made immediately, pumping of material shall stop until such leaks are fixed. . l4) Once a section is complete, piping and heavy equipment shall be removed or shifted to a new section ' and the area graded and dressed to final approved slopes. 1. ,. 15) Land -based equipment necessary for beach nourishment work shall be brought to the site through t existing accesses. Should the work result in any damage to existing accesses, the accesses shall be 1 restored to pre -project conditions immediately upon project completion in that specific area. i� NOTE: The permittee is advised that any new access site would require a modification of this permit. f 16Y Dune disturbance shall be kept to a minimum. Any alteration of existing dunes shall be coordinated with the Division of Coastal Management as well as the appropriate property owner(s). All disturbed areas shall be restored to original contours and configuration and shall be revegetated immediately following project completion in that specific area. i- "17)" Where oceanfront development exists at elevations nearly equal to that of the native beach, a low protective dune shall be pushed up along the backbeach to prevent slurry from draining towards the development. Spoil Disposal (Non -Beach Compatible Material) i' 18) All non -beach compatible material shall be confined above normal high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. 7; s s .19) The disposal area effluent shall be contained by pipe, trough, or similar device to a point at or beyond the normal high water to prevent gully erosion and unnecessary siltation. f _:: _ 20) The terminal end of the pipeline shall be positioned at or greater than 50 feet from any part of the dike and a maximum distance from spillways to allow settlement of suspended sediments. 1.21), A water control structure shall be installed at the intake end of the effluent pipe to assure compliance i with water quality standards. 22) The diked disposal area shall be constructed a sufficient distance from the normal high water or any marsh to eliminate the possibility of dike erosion into surrounding wetlands or waters. "23) The spoil area shall be inspected and approved by the Division of Coastal Management prior to the �' beginning of any dredge activities. Town of Emerald Isle ADDITIONAL CONDITIONS Cultural Resource Protection Permit No. 54-16 Page 4 of 7 24) The permittee shall exercise all precautions to avoid damage to any potential historic structures or shipwrecks. If such materials are encountered, the permittee shall immediately stop work and notify the N.C. Division of Coastal Management at (910) 796-7215 and the U.S. Army Corps of Engineers at (910) 251-4170. U.S. Army Corps of Engineers Conditions 25) Dredging activities authorized by this permit shall not in any way interfere with the operations of the Corps' civil works dredging and navigation projects. 26) All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Resources at (919) 791-4200, and the North Carolina Emergency Management Office at 1-800-858-0368, and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 27) The permittee shall advise the Wilmington District, Regulatory Division in writing at least 30 days prior to beginning the work authorized by this permit. The contractor's name, phone number, and address, including any inspector's contact name and phone number shall be provided to the Wilmington District prior to any work. 28) Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act shall be reported in writing to the Wilmington Regulatory Field Office, Attn: Mr. Tyler Crumbley, Wilmington District U.S. Army Corps of Engineers, 69 Darlington Avenue, Wilmington, NC 28403 within 24 hours of the permittee's discovery of the violation. 29) 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. 30) Prior to the commencement of construction of the authorized dredging or other work within the right-of- way of, or in proximity to, a federally maintained navigation channel, the permittee shall obtain all necessary Consents to cross Government Easement from the Corps' Real Estate Division. The Real Estate Division may be contacted at: CESAS-RE-MC, 69 Darlington Avenue, Wilmington, North Carolina 28403-1343, tel. 910-251-4474. 31) Activities proposed within the Corps Easements for use of Disposal Areas may require approval prior to construction. Prior to commencing work associated with improvements or disposal on any designated Disposal Area, the permittee shall coordinate with the Corps of Engineers, Real Estate Division for any approvals needed to perform work within the Corps easement. The Real Estate Division may be contacted at CESAS-RE-MC, 69 Darlington Avenue, Wilmington, North Carolina 28403-1343, tel. 910- 251-4474. I Town of Emerald Isle Permit No. 54-16 Page 5 of 7 f. ADDITIONAL CONDITIONS i. j 32) In issuing this permit, the Federal Government does not assume any liability for: a) Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural t causes; b) Damages to the permitted project or uses thereof as a result of current or future Federal activities initiated on behalf of the general public; c) Damages to other permitted or unpermitted Y> activities or structures caused by the authorized activity; d) Design and construction deficiencies s; associated with the permitted work; e) Damage claims associated with any future modification, suspension, or revocation of this permit. 33) The permittee understands and agrees that, if future operations by the United States require the removal, t 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 i" 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 t' obstructions caused thereby, without expense to the United States. No claim shall be made against the United States or the State of North Carolina on account of any such removal, relocation, or alteration. + 34) The permittee shall notify NOAA/National Ocean Service Chief Source Data Unit N CS261, 1315 E West HWY- RM 7316, Silver Spring, MD 20910-3282 at least two (2) weeks prior to beginning work and upon completion of work. '- 3.6) Should Federal Aids to Navigation need to be relocated to facilitate this operation, 30 days' notice is f_. requested. The request will be sent to the Coast Guard District Five Office at: 4, USCG District Five (DPW) 431 Crawford Street -'" Portsmouth, VA 23704 Or Email: CGD5Waterways@uscg.mil =: 36) To address concerns from the United States Coast Guard: The following information shall be provided 10 days prior to dredge operations or any other activity that impacts the safe navigation on federal waterways commences: a) Dates (inclusive of operation). b) Hours of operation (24 hours/daylight hours only). c) Names of the involved vessels(s). d) Working and standby frequencies. e) Specific location (Mile Marker/Channel). f) Any specific instruction or concerns that would be pertinent to the mariner. (Note: We can only provide information. We cannot direct the movements of vessels. We urge the mariner to adhere to the requested actions.) Submit the information to: F USCG Sector NC Waterways Division 721 Medical Center Drive i Wilmington, NC 28401 Or Email: NCmarineevents a,usce mil Town of Emerald Isle Permit No. 54-16 + Page 6 of 7 ADDITIONAL CONDITIONS 37) The permittee shall 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 telephone, (910) 772-2200. 38) The permittee shall obtain any necessary authorizations or approvals from the U.S. Army Corps of Engineers prior to initiation of any permitted activity. Unless altered by a specific Condition of this Permit, the permittee shall adhere to all conditions on the Federal approval, including, but not limited to, the attached list of terms and conditions relating to the U.S. Fish and Wildlife Service Biological Opinion, Essential Fish Habitat, and Hopper Dredging (SARBO). NOTE: Should the U.S. Army Corps of Engineers modify one or more of the terms and conditions referenced in Condition No. 38 of this Permit, this change to the terms and conditions shall be considered to be officially incorporated into this Permit upon written notification to the Division by the U.S. Army Corps of Engineers, provided that this change is not in conflict with a specific Condition of this Permit. General 39) 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. 40) In order to ensure compliance with the conditions of this Permit, and in order to ensure that each proposed excavation event follows the limits of the natural deep water channel, the permittee and his contractor shall schedule a pre -construction conference with the Division of Coastal Management, the U.S. Army Corps of Engineers, the N.C. Wildlife Resources Commission, and N.C. Division of Water Resources prior to the initiation of any dredging or mobilization activities. In order to facilitate these discussions a complete set of project plans shall be provided to all listed agencies at the time of each request for a pre -construction conference. 41) The authorized project shall 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. 42) No sand shall be placed on any sand bags that have been determined by the Division of Coastal Management to be subject to removal under 15A NCAC 07H .0308(a)(2). In order to ensure compliance with this condition, the Division of Coastal Management shall be contacted at (910) 796- 7215 prior to project initiation so that Division staff may meet on site with the permittee and/or contractor. NOTE: The permittee is advised that the Division of Coastal Management shall regulate the removal of existing sandbags and the placement of new sandbags in accordance with 15A NCAC 07H .0308(a)(2), or in accordance with any variances granted by the N.C. Coastal Resources Commission. 43) This permit does not authorize any permanent or long-term interference with the public's right of access and/or usage of all State lands and waters. Town of Emerald Isle ADDTTIONAL CONDITIONS Permit No. 54-16 Page 7 of 7 44) The permittee shall make every effort possible to minimize any negative impacts of trucks and construction equipment on roadway and pedestrian traffic. The permittee should also ensure that the ability of individuals to access and enjoy the beach is not impeded outside of the construction limits. 45) The N.C. Division of Water Resources has authorized the proposed project under DWR Project No. 1998-1292 V2, which was issued on 7/20/15. Any violation of the Water Quality Certification shall also be considered a violation of this CAMA Permit. 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 has assigned the proposed project Action ID No. SAW-2014- 02004. DCM Coordinator: Permit #• 3_q_ /b MAILING DISTRMUTION SHEET Permitee• Cu/n Agents: DCM Field Offices Elizabeth City (with revised work plan drawings) Morehead City Washington Wilmington 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 Washington: Scott Vinson-Stormwater Wilmington: Georgette Scott- Stormwater Wildlife Resources: Maria Dunn LPO: Fax Distribution: Permitee Agent #:. Nil Coastal Management ENVIRONMENTAL QUALITY May 16, 2016 Town of Emerald Isle 7500 Emerald Drive Emerald Isle, N.C. 28594 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, Youglas V. Hugg�t/ 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 TERMS AND CONDITIONS OF USFWS BIOLOGICAL OPINION These terms and conditions are non -discretionary. Unless addressed specifically below, the terms and conditions are applicable for the maintenance dredging and placement of sand for each project, for the life of each permit. Terms and Conditions — All Species 23. For the life of the permit, all sand placement activities above MHW must be conducted within the winter work window (November 16 to April 30), unless necessitated by an emergency condition and allowed after consultation with the Service. 24. Prior to sand placement, all derelict material, large amounts of rock, or other debris must be removed from the beach to the maximum extent possible. 25. Conservation Measures included in the permit applications/project plans must be implemented in the proposed project. If a Reasonable and Prudent Measure (RPM) and Term and Condition address the same requirement, the requirements of the RPM and Term and Condition take precedent over the Conservation Measure. 26. Predator -proof trash receptacles must be installed and maintained during construction at all beach access points used for the project construction and any maintenance events, to minimize the potential for attracting predators of piping plovers, red knots, and sea turtles. All contractors conducting the work must provide predator -proof trash receptacles for the construction workers. All contractors and their employees must be briefed on the importance of not littering and keeping the Action Area free of trash and debris. See the Appendix for examples of suitable receptacles. 27. Pipeline placement must be coordinated with NCDCM, the Corps, the Service's Raleigh Field Office, and the NCWRC. 28. Access points for construction vehicles should be as close to the project site as possible. Construction vehicle travel down the beach should be limited to the maximum extent possible. Terms and Conditions — Piping Plovers and Red Knots 29. All personnel involved in the construction or sand placement process along the beach shall be aware of the potential presence of piping plovers and red knots. Before start of work each morning, a visual survey must be conducted in the area of work for that day, to determine if piping plovers and red knots are present. Construction operations shall not begin until individual piping plovers or red knots have exited the work are for the day. Terms and Conditions — Sea Turtles 30. Only beach compatible fill shall be placed on the beach or in any associated dune system. Beach compatible fill must be sand that is similar to a native beach in the vicinity of the site that has not been affected by prior sand placement activity. Beach compatible fill must be sand comprised solely of natural sediment and shell material, containing no construction debris, toxic material, large amounts of rock, or other foreign matter. The beach compatible fill must be similar in both color and grain size distribution (sand grain frequency, mean and median grain size and sorting coefficient) to the native material in the Action Area. Beach compatible fill is material that maintains the general character and functionality of the material occurring on the beach and in the adjacent dune and coastal system. In general, fill material that meets the requirements of the North Carolina Technical Standards for Beach Fill (15A NCAC 07H .0312) is considered compatible. 31. During dredging operations, material placed on the beach shall be inspected daily to ensure compatibility. If the inspection process finds that non -beach compatible material, including large amounts of shell or rock exceeding the state sediment criteria (15A NCAC 07H .0312), is or has been placed on the beach, all work shall stop immediately, and the NCDCM and the Corps will be notified by the permittee and/or its contractors to determine the appropriate plan of action. 32. Sea turtle nesting surveys must be conducted within the project area between May I and November 15 of each year, for at least two consecutive nesting seasons after completion of sand placement (2 years post -construction monitoring). Acquisition of readily available sea turtle nesting data from qualified sources (volunteer organizations, other agencies, etc.) is acceptable. However, in the event that data from other sources cannot be acquired, the permittee will be responsible to collect the data. Data collected by the permittee for each nest should include, at a minimum, the information in the table, below. This information will be provided to the Raleigh Field Office in the annual report, and will be used to periodically assess the cumulative effects of these projects on sea turtle nesting and hatchling production and monitor suitability of post construction beaches for nesting. Please see REPORTING REQUIREMENTS, below. Parameter Measurement Variable Number of False Visual Assessment of Number/location of false crawls in nourished Crawls all false crawls areas; any interaction of turtles with obstructions, such as sand bags or scarps, should be noted. False Crawl Categorization of the Number in each of the following categories: Type stage at which nesting a) Emergence - no digging; was abandoned b) Preliminary body pit; c) Abandoned egg chamber. Nests Number The number of sea turtle nests in nourished areas should be noted. If possible, the location of all sea turtle nests should be marked on a project map, and approximate distance to scarps or sandbags measured in meters. Any abnormal cavity morphologies should be reported as well as whether turtle touched sandbags or scarps during nest excavation. Nests Lost Nests The number of nests lost to inundation or erosion or the number with lost markers. Nests Relocated nests The number of nests relocated and a map of the relocation area(s). The number of successfully hatched eggs per relocated nest. Lighting Impacts Disoriented sea turtles The number of disoriented hatchlings and adults. 33. Visual surveys for escarpments along the Action Area must be made immediately after completion of sand placement, and within 30 days prior to May 1, for two subsequent years after any construction or sand placement event. Escarpments that interfere with sea turtle nesting or that exceed 18 inches in height for a distance of 100 feet must be leveled and the beach profile must be reconfigured to minimize scarp formation by the dates listed above. Any escarpment removal must be reported by location. The Service must be contacted immediately if subsequent reformation of escarpments that interfere with sea turtle nesting or that exceed 18 inches in height for a distance of 100 feet occurs during the nesting and hatching season to determine the appropriate action to be taken. If it is determined that escarpment leveling is required during the nesting or hatching season, the Service orNCWRC will provide a brief written authorization within 30 days that describes methods to be used to reduce the likelihood of impacting existing nests. An annual summary of escarpment surveys and actions taken must be submitted to the Service's Raleigh Field Office. 34. Sand compaction must be evaluated at least twice after each sand placement event, once in the project area immediately after completion of any sand placement event and once after project completion between October 1 and May 1. Out -year compaction inspections and remediation are not required if the placed material no longer remains on the dry beach. Within 7 days of completion of sand placement and prior to any tilling (if needed), a field meeting shall be held with the Service, NC WRC, and the Corps to inspect the project area for compaction and determine whether tilling is needed. a. If tilling is needed, the area must be tilled to a depth of 36 inches. All tilling activities shall be completed prior to May 1 of any year. b. Tilling must occur landward of the wrack line and avoid all vegetated areas that are 3 square feet or greater, with a 3-foot buffer around all vegetation. c. If tilling occurs during the shorebird nesting season (after April 1), shorebird surveys are required prior to tilling per the Migratory Bird Treaty Act. d. A summary of the compaction assessments and the actions taken shall be included in the annual report to NCDCM, the Corps, and the Service's Raleigh Field Office. e. These conditions will be evaluated and may be modified if necessary to address and identify sand compaction problems. 35. A report describing the fate of sea turtle nests and hatchlings and any actions taken, must be submitted to the Raleigh Field Office following completion of the proposed work for each year when a sand placement activity has occurred. Please see REPORTING REQUIREMENTS, below. REPORTING REQUIREMENTS An annual report detailing the monitoring and survey data collected during the preceding year (required in the above Terms and Conditions) and summarizing all piping plover, red knot, and sea turtle data must be provided to the Raleigh Field Office by January 31 of each year for review and comment. In addition, any information or data related to a conservation measure or recommendation that is implemented should be included in the annual report. The contact for these reporting requirements is: Pete Benjamin, Supervisor Raleigh Field Office U.S. Fish and Wildlife Service Post Office Box 33726 Raleigh, North Carolina 27636-3726 (919)856-4520 Upon locating a dead, injured, or sick individual of an endangered or threatened species, initial notification must be made to the Service's Law Enforcement Office below. Additional notification must be made to the Raleigh Ecological Services Field Office identified above and to the NCWRC at (252) 241-7367. Care should be taken in handling sick or injured individuals and in the preservation of specimens in the best possible state for later analysis of cause of death or injury. Jason Keith U.S. Fish and Wildlife Service 551-F Pylon Drive Raleigh, NC 27606 (919) 856-4786, extension 34 ESSENTIAL FISH HABITAT 36. (This condition is not applicable to this project). 37. (This condition is not applicable to this project). HOPPER DREDGING NMFS (SARBO) 38. a. Hopper dredging is being approved under the South Atlantic Regional Biological Opinion (SARBO) dated 1997, which can be viewed on the ERDC web site at the following link: http://el.erdc.usace. army.mil/seaturtles/refs-bo.cfm. If the U.S. Army Corps of Engineers, Wilmington District is contracted to perform the work and utilizes the vessels MERRITT, CURRITUCK, or MURDEN, these dredge plants shall be subject to the attached supplemental consultation to the SARBO (dated 9 March 1999) which stipulates the equipment/operational standards of the SAW Shallow Draft Dredging Fleet. b. The SARBO includes an Incidental Take Statement (ITS) issued to the Corps. Under the SARBO/ITS, incidental takes are authorized on a Fiscal Year (FY) (October - September 30) basis to be meted out by the Division Commander, South Atlantic Division, U.S. Army Corps of Engineers for the southeastern United States for Corps civil and military projects. The Permittee is hereby advised to avoid any incidental take, in that such take may trigger the cessation of hopper dredging for the remainder of that FY. The Permittee understands and agrees that, even where it is in full compliance with the terms and conditions of the SARBO/ITS, incidental take by the Permittee may require suspension of the permit by the Corps. The amount of incidental take that will trigger suspension, and the need for any such suspension, shall be determined at the discretion of the Corps. The Permittee understands and agrees on behalf of itself, its agents, contractors, and other representatives, that no claim, legal action in equity or for damages, adjustment, or other entitlement against the Corps shall arise as a result of such suspension or related action. C. The Permittee shall immediately notify the Corps Regulatory Project Manager that an incidental take has occurred. The Regulatory Project Manager responsible for this project is Mr. Tyler Crumbley who may be contacted at the Wilmington Regulatory Field Office, 69 Darlington Avenue, Wilmington NC 28403, and by telephone at (910) 251- 4170, or e-mail tyler.crumbley@usace.army.mil. Dredging operations shall immediately cease upon incidental take of any sea turtle species or Atlantic Sturgeon, which is not covered under the SARBO but is addressed in a 7(a)(2)/7(d) letter, until the District Commander, or his designee, notifies the Permittee to resume dredging. The Sea Turtle or Atlantic sturgeon incidental take data form will be filled out by the Observer within 6 hours of the take event and e-mailed in pdf format to takereport.nmfsser@noaa.gov and the Regulatory Project Manager. In accordance with the RBO, all hopper dredges shall have an Observer on board who meets the guidelines as established on the website listed in Special Condition 46 below. 39. Pre -Dredging Submittals. a. No dredging shall be performed by a hopper dredge without the inclusion of a rigid sea turtle deflector device. The Permittee shall electronically submit drawings to the Regulatory Project Manager prior to commencement of dredging, showing the proposed device and its attachment. These drawings shall include the approach angle for any and all depths to be dredged during the dredging. The Permittee shall not commence hopper dredging until approval of the sea turtle deflector device has been granted by the Corps. b. The Permittee shall electronically submit detailed drawings showing the proposed drag head grating system(s) and drag head(s), and documentation that supports grate sizing such as dredge pump manufacturer's recommended maximum particle size dimension(s), etc. c. The Permittee shall electronically submit an operational plan to achieve protection of sea turtles during the hopper dredging operation. These operational procedures are intended to stress the importance of balancing the suction pipe densities and velocities in order to keep from taking sea turtles. d. During turning operations the pumps must either be shut off or reduced in speed to the point where no suction velocity or vacuum exists. No dredging work shall be allowed to commence until approval of the turtle deflector device has been granted by the U.S. Army Corps of Engineers, Wilmington District. Sample Turtle Deflector Design Details are available on the website listed in Special Condition 46. A copy of the approved drawings and calculations shall be available on the vessel during dredging operations. 40. Pre -Dredging Inspection. Within 3 days from the date of initiating the authorized work, the Permittee shall provide to the Corps, the completed Hopper Dredge Startup Inspection Checklist form with a written notification of the date of commencement of work authorized by this permit. An inspection of the hopper dredge will be scheduled and performed by the Wilmington District inspector after receipt of the notification of commencement. Inspection checklists are located on the website listed in Special Condition 46 below. 41. Hopper Dredge Equipment. Hopper dredge drag heads shall be equipped with sea turtle deflectors which are rigidly attached. Deflectors shall be solid with no openings in the face. No dredging shall be performed by a hopper dredge without an installed turtle deflector device approved by the District inspector. Sample Turtle Deflector Design Details are on the web site indicated in Special Condition number 46 below. a. Deflector Design. (1) The leading V-shaped portion of the deflector shall have an included angle of less than 90 degrees. Internal reinforcement shall be installed in the deflector to prevent structural failure of the device. The leading edge of the deflector shall be designed to have a plowing effect of at least 6 inches in depth when the drag head is being operated. Appropriate instrumentation or indicator shall be used and kept in proper calibration to insure the critical "approach angle." (Information Only Note: The design "approach angle", or the angle of lower drag head pipe relative to the average sediment plane, is very important to the proper operation of a deflector. If the lower drag head pipe angle in actual dredging conditions varies tremendously from the design angle of approach used in the development of the deflector, the 6-inch plowing effect does not occur. Therefore, every effort should be made to insure this design "approach angle" is maintained with the lower drag pipe.) (2) If adjustable depth deflectors are installed, they shall be solidly attached to the drag head using either a hinged aft attachment point or an aft trunnion attachment point in association with an adjustable pin front attachment point or cable front attachment point with a stop set to obtain the 6-inch plowing effect. This arrangement allows fine-tuning the 6-inch plowing effect for varying depths. After the deflector is properly adjusted there shall be no openings between the deflector and the drag head that are more than 4- inches by 4-inches. b. In -flow Baskets and overflow screening. (1) The Permittee shall ensure that baskets or screening are installed over the hopper inflow(s) and overflow (s) with no greater than 4-inch by 4-inch openings. The method 7 selected shall depend on the construction of the dredge used and shall be approved by the District inspector prior to commencement of dredging. The screening shall provide 100% screening of the hopper inflow(s) and overflow(s). The screens and/or baskets shall remain in place throughout the performance of the work. The turtle deflector device and inflow/overflow screens shall be maintained in operational condition for the entire dredging operation. If during dredging operations, the Permittee cannot meet the requirements of the inflow and overflow screening, the Regulatory Project Manager shall be contacted immediately. (2) The Permittee shall install and maintain floodlights suitable for illumination of the baskets or screening to allow the Observer to safely monitor the hopper baskets or screening during non -daylight hours or other periods of poor visibility. Safe access shall be provided to the inflow and overflow baskets or screens to allow the Observer to inspect for turtles and Atlantic sturgeons, or parts thereof, clean the baskets or screens for the next loading cycle, and document any screening deficiencies. During periods of time when observers are performing inspections of inflow and overflow baskets or screening, proper lockout/tag out procedures and fall protection shall be implemented. c. Drag head grating. (1) Drag head grating may be used to prevent over -sized objects (relative to respective pump and distribution system designs) from reaching and becoming lodged or damaging, the dredge pump and/or slurry distribution system. The Permittee may not use a drag head grating system that would prevent turtle remains from entering the hopper inflow screening. Detailed drawings showing the proposed drag head grating system(s) and drag head(s), and documentation that supports grate sizing (such as dredge pump manufacturer's recommended maximum particle size dimension(s), etc.) shall be submitted. No dredging shall begin until the District inspector has approved all grating and screening. 42. Hopper Dredge Operation. a. The Permittee shall operate the hopper dredge to minimize the possibility of taking sea turtles or sturgeon and to comply with the requirements stated in the Incidental Take Statement provided by the NMFS in its SARBO. b. The turtle deflector device and inflow/overflow screens shall be maintained in operational condition for the entire dredging operation. c. When initiating dredging, suction through the drag heads shall be allowed just long enough to prime the pumps, and then the drag heads must be placed firmly on the bottom. When lifting the drag heads from the bottom, suction through the drag heads shall be allowed just long enough to clear the lines, and then must cease. Pumping water through the drag heads shall cease while maneuvering or during travel to/from the disposal area. If the required dredging section includes compacted fine sands or stiff clays, a properly configured arrangement of teeth may enhance dredge efficiency, which reduces total dredging hours, and turtle takes. The operation of a drag head with teeth must be monitored for each dredged section to insure that excessive material is not forced into the suction line. When excess high -density material enters the suction line, 8 suction velocities drop to extremely low levels causing conditions for plugging of the suction pipe. Dredge operators should configure and operate their equipment to eliminate all low-level suction velocities. Pipe plugging in the past was easily corrected, when low suction velocities occurred, by raising the drag head off the bottom until the suction velocities increased to an appropriate level. Pipe plugging cannot be corrected by raising the drag head off the bottom. Arrangements of teeth and/or the reconfiguration of teeth should be made during the dredging process to optimize the suction velocities. d. Raising the drag head off the bottom to increase suction velocities is not acceptable. The primary adjustment for providing additional mixing water to the suction line should be through water ports. To insure that suction velocities do not drop below appropriate levels, the Permittee shall monitor production meters throughout the.job and adjust primarily the number and opening sizes of water ports. Water port openings on top of the drag head or on raised standpipes above the drag head shall be screened before they are utilized on the dredging project. If a dredge section includes sandy shoals on one end of a tract line and mud sediments on the other end of the tract line, the equipment shall be adjusted to eliminate drag head pick-ups to clear the suction line. e. The drag head shall be buried a minimum of 6 inches in the sediment at all times to maintain drag head efficacy in reducing incidental takes. Maximum borrow area dredge depths identified in the attached plans shall not be exceeded to achieve this effective plowing depth. f. During turning operations the pumps must either be shut off or reduced in speed to the point where no suction velocity or vacuum exists. 43. Dredging Quality Management. Dredging and dredged material disposal and monitoring of dredging projects using the Dredging Quality'Management (DQM) system shall be implemented for this DA permit. The Permittee shall ensure that each hopper dredge assigned to the work authorized by this DA permit is equipped with DQM, previously known as `Silent Inspector', for hopper dredge monitoring. The Permittee's DQM system must have been certified by the DQM Support Team within one calendar year prior to the initiation of the dredging/disposal. Questions regarding certification should be addressed to the DQM Support Center at 251-690-3011. Additional information about the DQM System can be found at http://dgm.usace.army.mil. The Permittee is responsible for insuring that the DQM system is operational throughout the dredging and disposal project and that project data are submitted to the DQM National Support Center in accordance with the specifications provided at the aforementioned website. The permittee shall contact the National Dredging Quality Management (DQM) program (http://dgm.usace.army.inil ) to assure that project information is loaded and data is being appropriately transferred prior to project commencement. 44. Sea Turtle Non -Capture Trawl Sweeping. In order to minimize or reduce taking of turtles during dredging, non -capture trawling may be required if the Corps determines that it is necessary to reduce entrainment risk. This type of trawling is designed to use non -capture type trawling equipment to sweep in the proximity of the dredging operations in order to stimulate sea turtles to move out of the dredge path. No sea turtles will be captured using this trawling technique. Non -capture trawl sweeping may be performed 48 hours prior to initiating dredging 9 and may continue throughout dredging operations. Conduct non -capture trawl sweeping operations in the vicinity of dredge operations, but maintain a safe distance from the dredge. Trawl equipment used (e.g. trawling nets) and trawl sweeping operations shall be conducted such that no sea turtles or other marine organism by -catch are captured. As much as possible, non - capture trawl sweeping shall be conducted to maximize the amount of time during each 24-hour trawl day that the trawl equipment (e.g. trawling nets) sweeps the bottom sediment in the vicinity of the dredging operation (i.e. maximize the bottom time with the trawling equipment). Such trawling in the vicinity of the dredge shall be conducted continuously, stopping after every 4 to 6 hours to check the condition of the trawl equipment and assure that no turtles have been captured. a. Non -capture Trawl Sweeping Period. Non -capture trawl sweeping shall be conducted as described below: (1) A day of non -capture trawl sweeping shall be defined as 24 hours of continuous trawling. (2) Non -capture trawl sweeping may be conducted as 24-hours of trawling as a continuous trawl; however, two separate crews must be available on board to work two 12-hour shifts. b. Turtle Handling and Endangered Species Permits. No sea turtles are to be intentionally captured during non -capture trawl sweeping operations. No endangered species permits to handle sea turtles are required for non -capture trawl sweeping. Should a sea turtle become entangled in the trawling nets; the nearest marine facility must be notified for arrangements to be made to transfer the animal as needed. c. Reporting. A daily log will be kept for each non -capture trawl sweeping operations. The non -capture trawl sweeping log will be submitted to the Regulatory Project Manager at the completion of the project. Data to be included with this log daily will include: (1) GIS coordinate of trawl locations at the start and end of each sweep. (2) Times recorded for the duration of each trawl sweep. (3) Description of dredge proximity during each sweep. (4) General notes as appropriate (e.g. condition of equipment at the end of each sweep, snags occurring during each sweep, incidental debris, etc.). (5) Water Quality and Physical Measurements: Water temperature measurements shall be taken at the water surface each day using a laboratory thermometer. Weather conditions shall be recorded from visual observations and instruments on the trawler. Weather conditions, air temperature, wind velocity and direction, high and low tides, sea state -wave height, and precipitation shall be recorded on the Trawling Form on the web site indicated in Special Condition 46 below. a. Non -Capture Trawl Sweeping Equipment: To reduce the chances of sea turtles becoming entangled and caught in the net webbing during non -capture trawl 10 sweeping, the Contractor shall use standard flat -style shrimp trawling nets. Nets shall have one to two-inch webbing holes, the webbing should be made of nylon material (preferably dipped.) The bag end of these nets shall be completely cut out so that the nets remaining on the rigging are approximately 30 to 50-feet long. The nets shall be long enough to provide a trailing length of net in the water to "stimulate turtles" to move but not be long enough to be able to twist when: 1) being pulled in the water; 2) being pulled up and onto the deck; 3) the vessel is stationary; or 4) the trawl vessel turns while trawling. This net length may be shorter or longer depending on the specific configurations of the trawler and its rigging, but must be set up to specifically prevent the twisting of the net. The nets should be installed and adjusted such that organisms are not being collected (turtles and other by -catch). 2. The bag end of the nets shall be cut away to create a large open end on the nets. The webbing shall be monitored so that tears and rips do not occur in the remaining webbing that might entangle and capture organisms (particularly turtles). To ensure that the lead line and mouth of the trawl nets maintain contact with the seafloor as best as possible, the lead line of each net shall be rigged with weights, mud rollers, tickler chains and/or trawling cookies (as appropriate for the environmental conditions and sediment type). For the first 48 hours after beginning non -capture trawling operations, pull and check the nets every hour to evaluate and document the: a. Status of the nets (particularly twisting of the tail end) b. Net contents (turtles and other by catch) and, after the first 48-hours and appropriate net configuration has been established, gradually increase trawling times to a maximum of 2-3-hours. e. Trawler Equipment Breakdown: Should there be a breakdown of trawler equipment that would cause the trawler to leave the area where dredging is underway during any period of time when non -capture trawl sweeping is required, the dredge may continue to operate for up to 48 hours, as long as no turtles are taken, and subject to the discretion of the Regulatory Project Manager. Should there be dangerously high seas that would cause the trawler to leave the dredging area when non -capture trawl sweeping is required, the dredge may continue to operate, as long as no turtles are taken; subject to the discretion of the Project Manager. 45. Endangered Species Observers: During dredging operations, observers approved by the NMFS for sea turtles, Atlantic sturgeon and whales shall be aboard to monitor for the presence of the species. Observer coverage shall be 100 percent (24hr/day) and shall be conducted year round. During transit to and from the disposal area, the observer shall monitor from the bridge during daylight hours for the presence of endangered species, especially the Northern right whale, 11 during the period December through March. Records shall be kept of the date, time, and approximate location of all marine mammal sightings. Care shall be taken not to closely approach any whales or manatees observed during dredging. The observer shall serve as a lookout to alert the vessel pilot of the occurrence of these animals. If any are observed, collisions shall be avoided either through reduced vessel speed, course alteration, or both. During the evening hours, when there is limited visibility due to fog, or when there are sea states of greater than Beaufort 3, the dredge must slow down to 5 knots or less when transiting between areas if whales have been spotted within 15 nm of the vessel's path within 24 previous hours. If a right whale is sighted, the dredge operator shall maintain a 500-yard buffer between the vessel and any whale. During dredging operations, while drag heads are submerged, the observer shall continuously monitor the inflow and/or overflow screening for turtles and/or turtle parts and Atlantic sturgeon and/or Atlantic sturgeon parts. Upon completion of each load cycle, drag heads should be monitored as the drag head is lifted from the sea surface and is placed on the saddle in order to assure that sea turtles that may be impinged within drag head are not lost and un-accounted for. Observers shall physically inspect drag heads and inflow and overflow screening/boxes for threatened and endangered species take. Other abiotic and biotic debris found in the screens during their examination for sea turtle or sturgeon parts shall be recorded and then disposed of so as not to impede the functioning of the screens during the next load cycle. a. Monitoring Reports. The results of the monitoring shall be recorded on the appropriate observation sheets. There is a sheet for each load, a daily summary sheet, and a weekly summary sheet. In addition, there will be a post dredging summary sheet. Observations sheets will be completed regardless of whether any takes of Atlantic sturgeon, whales, or sea turtles occur. In the event of any sea turtle or Atlantic Sturgeon take by the dredge, appropriate incident reporting forms shall be completed. Additionally, all specimens shall be photographed with a digital camera. These photographs shall be attached to respective reports for documentation. Dredging of subsequent loads shall not commence until all appropriate reports are completed from the previous dredging load to ensure completeness and thoroughness of documentation associated with the incidental take. Reports shall be submitted to the Corps within 24-hours of the take. Copies of the forms must be legible. Observer forms may be accessed on the web site indicated in Special Condition 46 below. b. Endangered Species Observer(s). A list of endangered species observer -biologists (ESOs) that have been NMFS-approved to monitor threatened/endangered species takes by hopper dredges can be obtained by contacting NOAA Fisheries' Southeast Region, Protected Resources Division. b. The Permittee shall provide a digital camera, with an image resolution capabilit) of at least 300 dpi, in order to photographically report all incidental takes, without regard to species, during dredging operations. Immediately following the incidental take of any threatened or endangered species, images shall be provided, via email, CD, DVD, or USB (thumb/flash/jump drive) to the Contracting Officer's Representative in a .JPG or .TIF format and shall accompany incidental take forms. The nature of findings shall be fully described in the incidental take forms including references to photographs. 12 46. Manatee, Sea Turtle, Atlantic Sturgeon and Whale Sighting Reports. Any take concerning a manatee, sea hurtle, Atlantic sturgeon, or whale; or sighting of any injured or incapacitated manatees, sea turtles, or whales shall be reported immediately to the Corps by notifying the personnel indicated in the list in Condition 38 above. A copy of the incidental take report shall be provided within 24 hours of the incident. The Permittee shall also immediately report any collision with and/or injury to a manatee to the U.S. Fish and Wildlife Service, the National Marine Fisheries Service, and North Carolina Wildlife Resources Commission. If a sea turtle and/or Atlantic sturgeon is taken by the dredge (live or dead), the Permittee shall email a PDF version of the incidental take report to NOAA-Fisheries Southeast Region at the following email address within 24 hours of the take: takereport.nmfsser@noaa.gov, also providing a copy to the Regulatory Project Manager. 47. Disposition of Sea Turtles or Turtle Parts. a. Turtles taken by hopper dredge (1) Dead turtles - Upon removal of sea turtle and/or parts from the drag head or screening, observers shall take photographs to sufficiently document major characteristics of the turtle or turtle parts including but not limited to dorsal, ventral, anterior, and posterior views. For all photographs taken, a backdrop shall be prepared to document the dredge name, observer company name, contract title, time, date, species, load number, location of dredging, and specific location taken (drag head, screening, etc.). Carcass/turtle parts shall also be scanned for flipper and Passive Integrated Transponder (PIT) tags. Any identified tags shall be recorded on the "Sea Turtle Incidental Take Form" that is included in the "Endangered Species Observer Program Forms" located on the web site indicated in Special Condition number 46 above. Turtle parts which cannot be positively identified to species shall be preserved by the observer(s) for later identification. A tissue sample shall be collected from any lethally taken sea turtle and submitted under the process stated in the Protocol for Collecting Tissue Samples from Turtles for Genetic Analysis found in the website listed in Special Condition 46 above. All genetic samples collected shall be submitted to NMFS within 30-days of collection and verification of submittal to NMFS shall be provided to the Regulatory Project Manager. After all data collection is complete, the sea turtle parts shall be placed in plastic bags, labeled as to the time, date, and dredged reach of collection, kept frozen and transported to the National Marine Fisheries Service Laboratory in Beaufort, North Carolina. If no local facility is capable of receiving the sea turtle/parts, they should be marked (spray paint works well), weighted down and disposed of under the direction of the Regulatory Project Manager. (2) Live Turtles - Observer(s) shall measure, weigh, scan for Passive Integrated Transponder (PIT) tags, and photograph any live turtle(s) incidentally taken by the dredge. If no tagging was identified, observers shall tag the turtle using Iconnel flipper and PIT tags if they are qualified to do so. Observer(s) or their authorized representative shall coordinate with the Regulatory Project Manager to transport, as soon as possible, the live turtle(s) taken by the dredge to an approved rehabilitation facility in the project area. 48. Report Submission. The Permittee shall maintain a log detailing all incidents, including 13 sightings, collisions with, injuries, or killing of manatees, sea turtles, Atlantic sturgeon, or whales occurring during the contract period. The data shall be recorded on forms available on the website as indicated in Special Condition number 46. All data in original form shall be forwarded directly to Wilmington District within 10 days of collection. Following project completion, a report summarizing the above incidents and sightings shall be submitted to the following: a. Wilmington District Regulatory Contact: Tyler.Crumbley@usace.army.mil b. South Atlantic Dredging Projects: Jennifer.L.Owens@usace.army.mil c. National Marine Fisheries Service Protected Species Management Branch 263 13th Avenue South St. Petersburg, Florida 33701 d. North Carolina Wildlife Resources Commission Matthew Godfrey 307 Live Oak Street Beaufort, North Carolina 28516 49. All necessary precautions and measures will be implemented so that any activity will not kill, injure, capture, pursue, harass, or otherwise harm any protected federally listed species (sea turtles, whales, manatee, Atlantic sturgeon, and piping plover). While accomplishing the authorized work, if the Permittee discovers or observes a damaged or hurt listed endangered or threatened species, the Corps will be immediately notified so that required coordination can be initiated with the U.S. Fish and Wildlife Service (USFWS) and/or the National Marine Fisheries Service (NMFS). 14 n DCM MP-1 APPLICATION FOR MAJOR DEVELOPMENT PERMIT The local stakeholders for five inlets on the southeast North Carolina coast are submitting a N.C. Coastal Area Management Act (CAMA) Major Permit application to the N.C. Department of Environment and Natural Resources (NCDENR) Division of Coastal Management (DCM) for conducting maintenance dredging for navigation (the Proposed Action). The permit application is a joint application for the state and federal approvals required to conduct the Proposed Action. Issuance of a General Permit 291 from the U.S. Army Corps of Engineers (USACE) Wilmington District is anticipated for the Proposed Action. The Proposed Action consists of maintenance dredging and beneficial placement at five inlets and associated Atlantic Intracoastal Waterway (AIW W) crossings: Bogue, New Topsail, Carolina Beach, Lockwoods Folly, and Shallotte River Inlet (Figure 1). With the exception of Shallotte River Inlet which is a federally -authorized Coastal Storm Damage Reduction (CSDR) borrow area, these inlets are federally -authorized shallow -draft inlets, and are referred to as "the SDI-5" in this application for convenience. The applicants are the five local governments adjacent to the inlets (listed below), who wish to obtain major CAMA permits to continue the ongoing federal navigation maintenance dredging program at the inlets.and the AIW W crossings, which is currently conducted by the USACE Wilmington District The federal program has been authorized and conducted since at least 1982, and is currently funded by the State of North Carolina, or a combination of State and local funds. Should the USACE Wilmington District be unable to perform the program for some reason, the local governments need to have the requisite permits to continue year-round navigation maintenance in the inlets, which are critical to local commerce and recreation. Additional project information is provided in Section 6.A of this application. The project areas for each inlet are depicted on Figures 2 through 6. The maintenance dredging project areas, depths, and dimensions will mimic the federally -authorized projects at each inlet In addition to the federally - authorized beneficial placement areas, placement areas from CAMA-permitted local projects are included in the 1 Proposed Action. The beneficial placement areas from local projects are described in Form MP-2, Section 2; and are labeled on Figures 2 through 6. As a result of the ongoing nature of stakeholder projects at the SDI-5, many studies of environmental effects have been conducted over time. These existing studies have been obtained and summarized in the assessments provided with this permit application. Electronic copies of these studies can be provided upon request Because this application includes five applicants, the standard CAMA permit application form has not been used, but has instead been adapted into the following sections, which are organized and numbered in accordance with permit application forms MP-1 and MP-2. As appropriate, permit application sections are replicated where inlet -specific information must be provided, or are combined if the information to be provided applies to allof the inlets. 1.0 PRIMARY APPLICANT/LANDOWNER INFORMATION RECEIVED 1.1 BOGUE INLET APR 10 2015 Business Name(s): Town of Emerald Isle DCM✓-NIHD COY Applicant Name: Frank Rush, Jr., Town Manager Address: 7500 Emerald Drive City, State, Zip: Emerald Isle, NC 28594 Phone Number: 252-354-3424 Fax Number: 252-354-5068 E-mail Address: frush@emeraldisle-nc.org U 1 Final: March 27, 2015 I:\NrnaRRes.]550\SE139.Enw5Wdy-NCEvn\sacs\gepons\Permit Pppllrntlon\SDIS Permit AppllnUom 033715.dpc BE UBRIGN6 GERE X 1.2 NEW TOPSAIL INLET Business Name: Town of Topsail Beach Applicant Name: Tim Holloman, Town Manager Address: 820 S. Anderson City, State, Zip: Topsail Beach, NC 28465 Phone Number: 910-328-5841 x 226 Fax Number: 910-328-1560 E-mail Address: tQwnmanager(&topsailbeachor Applicants Alternate Contact: Mayor Howard Braxton 1.3 CAROLINA BEACH INLET Business Name: New Hanover County Applicant Name: Chris Coudriet, County Manager Address: 230 Government Center Drive City, State, Zip: Wilmington, NC 28403 Phone Number: 930-798-7104 Fax Number: 910-798-7051 Applicants Contact: •. 3'fO , Jr.,H. Layton BedsoleEM; Shore Protection Coordinator E-mail Address: Ibedsole@nhcgov.com 1.4 LOCKWOODS FOLLY INLET APR 1 01015 Business Name: Town of Holden Beach I)cnn-n,lNo clry Applicant Name: David Hewett, Town Manager Address: PO Box 449 City, State, Zip: Supply, NC 28462 Phone Number: 910-842-6488 Fax Number: 910-842-9315 E-mail Address: david.hewett@hbtownhall.com Applicants Contact: Christy Ferguson E-mail Address: recsys@hbtownhall.cocb 2 1 Final: March 27, 2015 i:\N>++.raessssa\sxxas.Emsmawncaon\o,c�\xeo,n.\e�,mnnoocauon\soi.s a.�mn,ypuomn- oxxxss.mc Cal UORIEN 6 GERE c w V� 1.5 SHALLOTTE RIVER INLET i` Business Name: Town of Ocean Isle Beach Applicant Name: Debbie Smith (Town Mayor) Address: 3 West Third Street City, State, Zip: Ocean Isle Beach, NC 28469 Phone Number: 910-579-2166 Fax Number: 910-579-8804 E-mail Address: mayor@oibgov.com Applicants Daisy Ivey, Town Manager Contact: E-mail Address: daisy@oibgov.com l 0 RECEIVED APR 10 2015 DCM-MHD CITY I:{NONat.Res.1550\51139.1p 1111 lld=%Daa%Report N\ rmIt AppI, Permit Appliot., 031915.dpp GO O'©RIENIGGERE 1 1 2.0 AGENT/CONTRACTOR INFORMATION I Signed agent authorization forms for each applicant are provided as Attachment 1. The authorized agent for the permit application is as follows: O'Brien & Gere Engineers, Inc. Daniel Ramsay 3214 Charles B. Root Wynd, Suite 130 Raleigh, NC 27612, USA Phone: 019-987-3090 Fax:919-781-4360 Daniel.Ramsay@obg.com RECEIVED APR 10 2015 DCM-MHD CITY 4 1 Final; March 27, 2015 :\Ncnao-aeiL550\52ll9.Fnv-StuEyNWrn\Oon\Pepom\PermitAppllotion\SD45Ve,mitApplication-02M.Eoc r UBRIENGGERE 3.0 PROJECT LOCATION 3.2 HOGUE INLET County: Carteret Location: Hogue Inlet, Hogue Inlet Connecting Channel, Atlantic Intracoastal Waterway (AIWW) Crossing City, State, Zip: Emerald Isle, NC 28594 a) In which NC river basin is the project located? White Oak b) Name of body of water nearest to proposed project Hogue Inlet, Atlantic Ocean, AIW W, . White Oak River c) Is the water body identified in (b) above, natural or manmade? 0 Natural EI Manmade ❑ Unknown d) Name the closest major water body to the proposed project site. Hogue Inlet, Atlantic Ocean e) Is proposed work within city limits or planning jurisdiction? 0 Yes ❑ No f) If applicable, list the planning jurisdiction or city limit the proposed work falls within. Town of Emerald Isle and Carteret Co. 3.2 NEW TOPSAIL INLET County: Pender Location: New Topsail Inlet, Topsail Creek, Banks Channel, AIW W Crossing City, State, Zip: Topsail Beach, NC 28465 a) In which NC river basin is the project located? Cape Fear b) Name of body of water nearest to proposed project New Topsail Inlet, Atlantic Ocean, Topsail Creek, AIW W, Black Mud Channel, Banks Channel c) Is the water body identified in (b) above, natural or manmade? 0 Natural 0 Manmade ❑ Unknown d) Name the closest major water body to the proposed project site. New Topsail Inlet, Atlantic Ocean e) Is proposed work within city limits or planning jurisdiction? 0 Yes ❑ No f) If applicable, list the planning jurisdiction or city limit the proposed work falls within. Town of Topsail Beach RECEIVED APR 10 2015 DCna-MHO CITY 5 1 Final: March 27, 2035 1:\NPnaCanISSO�$i334FnvStWnNrdan\Oocs\Aepam\Permit Appliotipn\SOVS Pem�it PpplloYan-0327n.&p GO UBRIEN6 GERE 1� 3.3 CAROLINA BEACH INLET County: New Hanover Location: Carolina Beach Inlet,AIWW Crossing City, State, Zip: Vicinity of Carolina Beach, NC 28428 a) In which NC river basin is the project located? Cape Fear b) Name of body of water nearest to proposed project Carolina Beach Inlet, Atlantic Ocean, AIWW c) Is the water body identified in (b) above, natural or manmade? 0 Natural Eel Manmade ❑ Unknown d) Name the closest major water body to the proposed project site. Carolina Beach Inlet, Atlantic Ocean e) Is proposed work within city limits or planning jurisdiction? El Yes ❑ No f) If applicable, list\the planning jurisdiction or city limit the proposed work falls within. New Hanover County 3.4 LOCKWOODS FOLLY INLET County: Brunswick Location: Lockwoods Folly Inlet, AIW W Crossing City, State, Zip: Holden Beach, NC 28462 a) In which NC river basin is the project located? Lumber' b) Name of body of water nearest to proposed project Lockwoods Folly Inlet, Atlantic Ocean, Lockwoods Folly River, AIW W, Eastern Channel c) Is the water body identified in (b) above, natural or manmade? EJ Natural Q Manmade ❑ Unknown d) Name the closest major water body to the proposed project site. Lockwoods Folly Inlet, Atlantic Ocean e) Is proposed work within city limits or planning jurisdiction? El Yes ❑ No t) If(applicable, list the planning jurisdiction or city limit the proposed work falls within. Town of Holden Beach RECEIVED APR 1 4 2015 DCM-MHD CITY 6 1 Final: March 27, 2015 I:\NCNenRex155%5]]39.Env-SwdpN<dan\Ooa\geporu\permit Appllopon\SUFS permit Applicatlan- p33715.doc GO 17BRIEN 6 GENE n 3.5 SHALLOTTE RIVER INLET U County: Brunswick Location: Shallotte River Inlet, AIW W Crossing City, State, Zip: Ocean Isle Beach, NC 20469 a) In which NC river basin is the project located? Lumber b) Name of body of water nearest to proposed project Shallotte River Inlet, Atlantic Ocean, AIW W, Shallotte River c) Is the water body identified in (b) above, natural or manmade? 0 Natural EI Manmade ❑ Unknown d) Name the closest major water body to the proposed project site. Shallotte River Inlet, Atlantic Ocean e) Is proposed work within city limits or planning jurisdiction? 0 Yes ❑ No f) If applicable, list the planning jurisdiction or city limit the proposed work falls within. Town of Ocean Isle Beach RECEIVED APR 10 2015 DCM-MFID CITY 7 1 Final: March 27, 2015 l:\NeNat-Re.150\51139.EnvSWdy-Ncdcm\Dnu\nePnrta\Pe,mltAppllwtlon\SDId P..it APpllmtlan- 033715.doc O O'pAIEN G GERE n4.0 SITE DESCRIPTION 0 4.1 BOGUE INLET a) Total length of shoreline on the tract (it): Varies b) Size of entire tract (sq. ft): Varies c) Size of individual lot(s): NA d) Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) Top of berm at -+6 It NAVD 88 (USACE AIWW ❑ NHW or ❑ NWL Crossing Placement) and -+7 ft NGVD-29 (Bogue Inlet Channel Erosion NAVD88 and NGVD-29 Response Project) e) Vegetation on tract: Beach contains upland beach grasses and sedges on dunes. f) Manmade features and uses now on tract: Man-made features include dune cross walks, vehicular cross -avers, and sand fencing on the beach and channel markers within the inlet. Uses include recreational activities on the beach and commercial and recreational boating within the proposed dredge channels. . g) Identify and describe the existing land uses adfacen to the proposed project site: The existing land uses adjacent to the proposed project include single and multifamily residential properties, commercial businesses, and community access to the beach front. h) How does local government zone the tract? Residential and Commercial i) Is the proposed project consistent with the applicable zoning? (attach zoning compliance certificate, if applicable) 0 Yes ❑ No ❑ NA j) Is the proposed activity part of an urban waterfront redevelopment proposal: J ❑ Yes Q No k) Has a professional archaeological assessment been done for the tract? (If yes, attach a copy) By whom? See Attachment 5.1- Cultural Resource m Yes ❑ No ❑ NA Assessment 1) Is the proposed project located in a National Registered Historic District or does it involve a Natural Register listed or eligible property? See ❑ Yes 0 No ❑ NA Attachment 5.1- Cultural Resource Assessment m) (i) Are there wetlands on the site? ❑ Yes El No (ii) Are there coastal wetlands on the site? ❑ Yes ®No (iii) If yes to either (i) or (ii) above, has the delineation been conducted? (attach documentation, if available) ❑ Yes ❑ No n) Describe existing wastewater treatment facilities. NA RECEIVED o) Describe existing drinking water supply source. NA APR 10 2015 p) Describe existing storm water management or treatment systems. NA Derin_rcnmD Cln, 8 1 Final: March 27, 2015 I:\NcNet-M&US%5209.Em Wd,Nctivn\pxsWpM\p,mt4gicuon'5SD5Pemit Appliotlon-027B.doe ru GBRIEN 6 GERE ' 4.2 NEW TOPSAIL INLET a) Total length of shoreline on the tract (ft): Varies b) Size of entire tract (sq. ft): Varies c) Size of individual lot(s): NA d) Approximate elevation of tract above NHW (normal high water) or NWL (normal water level): Top of berm at-+6 ftNGVD-29 (USACEAIWW ❑NHW or ❑NWL Crossing Placement) and at -+5 ftNAVD88 (2011 Permit #22-09 NGVD-29 and NAVD88 Modification) e) Vegetation on tract: Beach contains upland beach grasses and sedges on dunes. f) Manmade features and uses now on tract: Man-made features include dune cross walks, vehicidar cross-overs, and sand fencing on the beach and channel markers within the inlet, Topsail Creek, and Banks Channel. Uses include recreational activities on the beach and commercial and recreational boating within the proposed dredge channels. g) Identify and describe the existing land usesadlacent to the proposed project site: Residential and commercial development on Topsail Island. Natural wildlife preserve on Lea-Hutaff Island to the south of New Topsail Inlet h) How does local government zone the tract? Residential and Commercial i) Is the proposed project consistent with the applicable zoning? (attach zoning compliance certificate, if applicable) Q yes ❑ No ❑ NA j) Is the proposed activity part of an urban waterfront redevelopment proposal: ❑ yes Q No k) Has a professional archaeological assessment been done for the tract? (If yes, attach a copy) By whom? See Attachment 5.1- Q Yes ❑ No ❑ NA Cultural Resource Assessment 1) Is the proposed project located in a National Registered Historic District or does it involve a Natural Register listed or eligible property? ❑ Yes Q No ❑ NA See Attachment 5.1- Cultural Resource Assessment l m) (i) Are there wetlands on the site? ❑ Yes Q No (ii) Are there coastal wetlands on the site? []Yes Q No (III) If yes to either (i) or (ii) above, has the delineation been conducted? (attach documentation, if available) ❑yes ❑ No n) Describe existing wastewater treatment facilities. NA o) Describe existing drinking water supply source. NA p) Describe existing storm water management or treatment systems. NA RECEIVED APR 10 2C15 f✓t,:U 1i1:gD ('ITV 9 1 Final: March 27, 2015 {fic-NaNies1550�$3139.FmSWdyNcdan\aura\Pepery\p¢,m�tppP�b��an\SD45PermitAIIII.on-027n.d., �a UBRI[N6GERE N �J 4.3 CAROLINA BEACH INLET a) Total length of shoreline on the tract (ft): Varies b) Size of entire tract (sq. ft): Varies c) Size of individual lot(s): NA d) Approximate elevation of tract above NHW (normal high ❑ NHW or ❑ NWL water) or NWL (normal water level): Top of Berm at,.+6 ft NGVD-29 NGVD-29 e) Vegetation on tract: Beach contains upland beach grasses and sedges on dunes. f) Manmade features and uses now on tract: The inlet is used for recreational and commercial boating and fishing, and contains channel markers. The beachfront is utilized for recreational activities. g) Identify and describe the existing land uses adjacen to the proposed project site: The existing land uses adjacent to the proposed project include single and multifamily residential properties, commercial businesses, and community access to the beach front The inlet and AIW W are used for commercial and recreational boating and fishing. h) How does local government zone the tract? Multifamily (MIT), Tourist (17-1), Residential R-1 , Conservation C i) Is the proposed project consistent with the applicable zoning? (attach zoning compliance certificate, if applicable) 0 yes ❑ No ❑ NA j) Is the proposed activity part of an urban waterfront redevelopment proposal: El Yes 0 No k) Has a professional archaeological assessment been done for the tract? (If yes, attach a copy) By whom? 0 Yes ❑ No ❑ NA See Attachment 5.17 Cultural Resource Assessment 1) Is the proposed project located in a National Registered Historic District or does it involve a Natural Register listed or eligible property? See Attachment 5.1- Cultural Resource ❑ yes 0 No ❑ NA Assessment m) (i) Are there wetlands on the site? ❑ Yes 0 No (ii) Are there coastal wetlands on the site? ❑ Yes 0 No (III) If yes to either (i) or (ii) above, has the delineation been conducted? (attach documentation, if available) ❑ Yes ❑ No n) Describe existing wastewater treatment facilities. NA o) Describe existing drinking water supply source. NA p) Describe existing storm water management or treatment systems. NA RECEIVED APR 10 2015 Dean .-VI- D CITY 10 1 Final: March 27, 2015 I:\NCNat-He&Z50\53139.Ene4t. y Ncdan\Oaa\Rep "\Pel-itA ,Iiwm\lm Pee It Ap,licadan- 0337M.doc GO UORIEN 6 GERE W 4.4 LOCKWOODS FOLLY INLET a) Total length of shoreline on the tract (ft): Varies b) Size of entire tract (sq. ft): Varies c) Size of individuallot(s): NA d) Approximate elevation of tract above NHW (normal high water) or NWL (normal water level): ❑ NHW or ❑ NWL Top of berm ranges from w+6.0 It NAVD 88 (USACB NAVD88 and NGVD-29 AIW W Crossing, `Piggyback" Project Placement) to -+9.5 ft NGVD-29 (Holden Beach Central Reach) e) Vegetation on tract: Beach contains upland beach grasses and sedges on dunes. f) Manmade features and uses now on tract: The tract includes single and multifamily residential homes, business and commercial uses. The beachfront is utilized for recreational activities, and includes Holden Beach Pier. The inlet and AnVW are used for commercial and recreational boating and contain channel marking. g) Identify and describe the existing land uses adjacent to the proposed project site: The existing land uses adjacent to the proposed project include single and multifamily residential properties, commercial businesses, and community access to the beach front h) How does local government zone the tract? Residential/Multifamily/Commercial i) Is the proposed project consistent with the applicable EEI Yes ❑ No ❑ NA zoning? (attach zoning compliance certificate, if applicable) j) Is the proposed activity part of an urban waterfront ❑ yes O No redevelopment proposal: k) Has a professional archaeological assessment been done for the tract? (If yes, attach a copy) By whom? 0 Yes ❑ No ❑ NA See Attachment 5.1- Cultural Resource Assessment 1) Is the proposed project located in a National Registered Historic District or does it involve a Natural Register listed or ❑ Yes Q No ❑ NA eligible property? See Attachment 5.1- Cultural Resource Assessment m) (i) Are there wetlands on the site? ❑ Yes 0 No (ii) Are there coastal wetlands on the site? ❑ Yes El No (III) If yes to either (i) or (ii) above, has the delineation been ❑ Yes ❑ No conducted? (attach documentation, if available) n) Describe existing wastewater treatment facilities. NA IVED o) Describe existing drinking water supply source. NA 013 Tv p) Describe existing storm water management or treatment systems. NA 111 Final: March 27, 2015 I:\Nctrat-flev1550\5313p.FnwStudyN<dvn\pvn\ReporU\Petmlt FpplkaJan\5045 PmMt4i,Timdan-032M.doc GO UBRIEN6GERE 4.5 SHALLOTTE RIVER INLET Total length of shoreline on the tract (ft): Varies a Size of entire tracts . ft): Varies b) Size of individual lot(s): NA c) Approximate elevation of tract above NHW (normal high water) or NWL - (normal water level): Top of Berm at -+6 ft NAVD88 (USACE AIW W ❑ NHW or ❑ NWL Crossing Placement), -+7 it NGVD-29 (East End Project), and -+9.5 ft NAVD88 and NGVD-29 NGVD-29 (CSDR Project) d) Vegetation on tract: Beach contains upland beach grasses and sedges on dunes. e) Manmade features and uses now on tract: The tract includes single and multifamily residential homes, business and commercial uses. The beachfront is utilized for recreational activities. The inlet and AIW W are used for commercial and recreational boating, and contain channel markers. t) Identify and describe the existing land uses adjacent to the proposed project site: The existing land uses adjacent to the proposed project include single and multifamily residential properties, commercial businesses, and community access to the beach front and AIW W. g) How does local government zone the tract? Residential h) Is the proposed project consistent with the applicable zoning? (attach zoning compliance certificate, if applicable) Qyes ❑ No ❑ NA i) Is the proposed activity part of an urban waterfront redevelopment proposal: ❑yes Q No j) Has a professional archaeological assessment been done for the tract? (If yes, attach a copy) By whom? Q Yes ❑ No ❑ NA See Attachment 5.1- Cultural Resource Assessment k) Is the proposed project located in a National Registered Historic District or does it involve a Natural Register listed or eligible property? ❑ Yes Q No ❑ NA See Attachment'S.1- Cultural Resource Assessment I) (i) Are there wetlands on the site? ❑ Yes Q No (ii) Are there coastal wetlands on the site? ❑ Yes Q No (III) If yes to either (i) or (ii) above, has the delineation been conducted? (attach documentation, if available) ❑yes ❑ No m) Describe existing wastewater treatment facilities. NA n) Describe existing drinking water supply source. NA o) Describe existing storm water management or treatment systems. NA RECEIVED APR 1 01015 CITY 121 Final: March 27, 2015 I:\yc-NM-0.ei3550\51134Em-Study-Hcdon\ppn\peppM\Pe.mp APP11.V.n\SD1Z P..ft ApPli®Don. CO2MApc GO UBRIEly 6 GERE K 0 5.0 ACTIVITIES AND IMPACTS 5.2 BRIEF DESCRIPTION OF MAINTENANCE DREDGING AND DISPOSAL ACTIVITIES a) Will the project be for commercial, public, or 0 Commercial 0 public/Government Wrivate/Community private use? b) Give a brief description of purpose, use, and daily operations of the project when complete. Bogue, Topsail, Carolina Beach, Lockwoods Folly, and Shallotte River Inlets are shallow -draft inlets that allow for various -sized vessels to navigate from the AIW W to the Atlantic Ocean for commerce, fishing, and recreation. Beach -quality material removed from the inlets that is beneficially placed on neighboring beaches will maintain recreational beach area and provide storm protection to public and private infrastructure. ' 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. For dredging with beneficial placement, typical beneficial placement methodology will be used, which Includes using a cutterhead Hydraulic dredge and pipeline to convey sediment to the beach, and using bulldozers, front-end loaders and other earth moving machinery to shape the sediment For dredging without beneficial placement, dredges will be.selected based on the following criteria: ■ Appropriate draft for inlet & channels ■ Exclusionary fittings for sea turtles and sturgeon (if hopper dredges are used that have sufficient suction head size and suction power to entrainfsea turtles and sturgeon) ■ Sea -worthy beyond international Regulations for Preventing Collisions at Sea (referred to as COLREGS) demarcation line. d) List all development activities you propose. Dredging of the SDI-S, connecting channels, and AIW W Crossings will result in beneficial placement on the following beaches, using previously -authorized beneficial placement locations from USACE and locally - permitted projects: 1. The Pointe at Emerald isle and Bogue Banks 2. Topsail Beach 3. Freeman Park (Carolina Beach) 4. Holden Beach S. Ocean Isle Beach e) Are the proposed activities maintenance of an existing project, new 0 Existing ❑ New ❑ Bath work or both? f) What is the approximate total disturbed land area resulting from the ❑ Sq. ft or ❑ Acres proposed project? The actual disturbed land area will be a summation of the locations within the channels that need to be dredged for navigation at a given time, and the volume of that material that is beneficially placed or disposed. g) Will the proposed project encroach on any public easement, public 0 Yes ❑ No ❑ NA accessway or other area that the public has established use of? APR 10 2o15 The projects will entail maintenance of publicly -accessible waterways and beneficial placement on public beaches. CC1 LMkip CIN 13 1 Final: March 27, 2015 I:\NON-t PM.Z5N,53339.Env-SwdpX<d.\D..\Repnr6\Permit APPTIo11un\IM ft mil Aypk.Uon. 132715A., GO CI3F11CN 6 GC-FIC h) Describe location and type of existing and proposed discharges to waters of the state. Decanting of dredged sand removed from the inlet/AIW W templates. i) Will wastewater or stormwater be discharged into a wetland? ❑ Yes El No ❑ NA If yes, will this discharged water be of the same salinity as the []Yes ❑ No 0 NA receiving water? j) Is there any mitigation proposed? (If yes, attach a mitigation ❑ Yes l7 No ❑ NA proposal) 6.0 ADDITIONAL INFORMATION 6.A. PROJECT NARRATIVE Many of North Carolina's shallow draft inlets have not been in a Presidential budget since 2005 (e.g., Bogue, Carolina Beach and Lockwoods Folly). The USACE Headquarters is also internally assessing the viability of the side -cast dredge plant "Merritt"; the Corps' primary dredge plant for shallow draft inlet maintenance in N.C. If North Carolina's shallow draft inlet maintenance dredging continues receiving limited or no support within Presidential budgets, and USACE Headquarters fails to garner future fiscal support and potentially determines the "Merritt" as non -viable, local stakeholders must have another alternative. One alternative is for the local stakeholders adjoining the shallow draft inlets and AIW W crossing to contract the maintenance dredging on their own. To do this, they would need authorizations (permits) allowing local maintenance dredging within their specific AIW W crossings and inlets. To this end, the local stakeholders for the SDI-5 are submitting this single NCDCM Major Permit application for conducting maintenance dredging. ) The inlet project areas and applicants are described in the following table: Table 6AI Project Summary Project Area Applicant Bogue Inlet, Connecting Channel, AIWW Crossing Town of Emerald Isle New Topsail Inlet, Topsail Creek, Banks Channel, AIW W Crossing Town of Topsail Beach Carolina Beach Inlet, AIW W Crossing New Hanover County Lockwoods Folly Inlet, AIW W Crossing Town of Holden Beach rShalloiie River Inlet Coastal Storm Damage Reduction ) Borrow Area, as well as the AIW W Crossing TFpu nirnrnn ne..:„„n.._.Y:. __„_­_._ Town of Ocean Isle Beach - • • �•• •••�,_• • _• ••••� 3F1k,11E.GL1U11 win serve as one umurella permit application for the processing of a RECEIVED NCDCM Major Permit as well as other state and federal authorizations. The intended result is the acquisition of locally held authorizations (NCDCM Major Per General Permit 291) for each inle�P� i (► jpjg issued to each participating applicant. The authorized maintenance dredging at each inlet would mimic the ongoing, ) approved USACE DCAn_MND CITY maintenance dredging program for each inlet, which includes the AIW W crossings, connecting channels, and the inlet throats out through the currently authorized USACE inlet linear distances beyond the COLREGS line. The authorizations would include currently approved dredge material management locations including shoreline beneficial placement, nearshore placement and/or upland confined disposal. The project area for each inlet is depicted in Figures 2 through 6. 14 1 Final: March 27, 20.5 I:\NnNat-aen1550\51139.Eny4tudµNdm\Oocs% eP. h\Permit Nppif.lion\501-5 P¢rmlt Appllwtlon- 030)15.d.[ ra 17DAIEN 6 OEAE U As a result of the ongoing nature of local stakeholder projects, many studies of environmental effects have been conducted over time. These existing studies have been obtained and summarized in the following assessments provided with this permit application: ■ Cultural Resource Assessment - Attachment 5.1 ■ Sediment Evaluation -Attachment 5.2 ■ Supplemental Biological Assessment (BA) -Attachment 5.3 ■ Essential Fish Habitat (EFH) Summary - Attachment 5.4 Recommended conservation measures from the Supplemental BA and EFH Summary to minimize potential effects to protected species and EFH are provided as Attachment 6 to this permit application. 6.B. WORK PLAT Plan view and cross -sectional plans from the USACE Wilmington District are provided in Attachment 3 for the existing dredging areas at each inlet and AIW W crossing. Plan view boundaries of existing shoreline beneficial placement areas are provided in Attachment 3, with typical placement profiles. Existing upland disposal and nearshore placement locations are provided in Figures 2 through 6. , ' 6.C. LOCATION MAP Site locations are depicted on Figures 1 through 6. 6.D. COPY OF THE DEED, EASEMENT STATEMENT Easements for the beneficial placement locations and upland disposal locations have been'previously acquired for the associated federal and local projects. The USACE and the applicants have the respective easements on file. Should an easement to a property within the proposed disposal areas be found to be problematic or deficient, the respective applicant will resolve the issue before beginning construction. Before using the upland disposal sites, the applicants will obtain Consent Agreements from the USACE real estate office that give the applicants authorization to use the sites. These documents will provide proof of real estate interest in the disposal sites for the purposes of the CAMA major permit The USACE Wilmington District does not require Consent Agreements for beneficial beach placement along federally -authorized shorefront placement reaches or within federal Coastal Storm Damage Reduction beach placement project areas. S.E. APPLICATION FEE The application fee of $475 has been provided with the permit application. 6.F. ADJACENT WATERFRONT OWNERS AND PROOF OF NOTIFICATION. The riparian property owner adjacent to the previously -authorized beneficial placement templates are identified below, and have been notified. See Attachment 4 for notification and return receipts. Bogue Inlet Adjacent Waterfront Property Adjacent Owner Mailing Address Name: - Hugh and Denise Donahue Address: 115 Bogue Ct 4 Pheasant Lane, Chadds Ford, PA 19317 Phone N/A � Name # ciid ess:67d7z0ceai%D ' Vim` Tliomas a d Paula Stou Bra°°ewtcltx,DrMo;gantoV11.50W�26505. - jAr r, 15 1 Final: March 27, 2015 I:\Nc-Nat-Pev1550\52139.Env-Smd,Ncdcm\Don\Reporb\Permit Appli.U.p\SDI-s P.e JtApplicatlon-031715.doc RECEIVED APR 10 2015 r �_tieu 5 rimq i Cal O'DRIEN 6 or. -RC nNew topsail Inlet Adjacent Waterfront Property Adjacent Owner Mailing Address Name: Lea Island, Inc. , Address: Lea Island; PIN: 3291-94-5377-000 PO Box 1717, Virginia Beach, NC 23451 caName _ a y eMele`od Family LTC Ep aAI Address ir40cean BJKgQ_fE,+ l 69 886 000p OS _I ty _ /o"Ratlie ReneeMaC ll`en `" * j rtfiddress M4201 2 � ., n § —x Name: James Gardner - Address: 101 N Anderson Blvd (Town Line) PO Box 119, Arnolds Park, IA 51331 Lame 1 a., ,.aole jtRzla 'Ild'dre s w ;Ocean Blgdr(Ocean lud�D Um„StJr 80Q,SaFieldstbne Dr 1 ceder kk M1)621 0 � Carolina Beach Inlet Adjacent Waterfront Property Adjacent Owner Mailing Address Name: -- Fred B. Graham, Jr., Et Al. Address., 0 Masonboro Island PO Box 3302, Wilmington, NC 28406 Phone -- N/A Name , : a + - 4 * 1 lbcvnofCargjrna Be ah SAY dressy eana Way , r , '' t 1a121N La1xP`ak B1udi Caioma+BeachrNC77 45$q `7 Lockwoods Folly Inlet Adjacent Waterfront Property Adjacent Owner Mailing Address Name: Milton Keener Address: N/A; Parcel ID: 233PB002 856 Hoffman Rd., Lincolnton, NC 28092 Phone N/A n .. 'r 1tlddre skN 3N%C Parcel PD23RB0'03 €; ;�2DEaGVtIeS aWadesboroNf28�1:7i� j Name: Paul M ET Julie P Cino Address: N/A; Parcel ID: 246BB042 23221ris Ct, Jamison, PA 18929 Phone N/A �ame a s s� ," e ff, n Gloyoo E� J vdd%ess �,N%A�PaFcellI;246BB043 708�EastStr,ErmNCY28393 �mtin Phone G v "rrfr���hN(i'` Shallotte River Inlet Adjacent Waterfront Property Adjacent Owner Mailing Address Name: Clayton J. Vance, Jr. Address: N/A; Parcel ID: 257FI006 3500 Ranlo Drive, Raleigh, NC 27612 Name a �jh-mson a, Ho(dm s j -$ess 7 -� a 2 �ausewa ,, r1ve i ,.�5 I g v xk �Mn gggp� E --- eusway Dn�u,,e 0ee�nIsl"e Beacli�NC Z�462� a RECEIVED 16 1 Final: March 27, 2015 1pt 1:\Nc-Nat-Pea1550\Si139.FnvSwEµNctivn\Oocz\Reporu\permit Appllotlon\SDFS Pe,mitbY4otlon- 03iJ15.doc UORI6 Li.�1 /I - GC- M-W-10 CITY 6.G. LIST OF PREVIOUS STATE OR FEDERAL PERMITS ISSUED FOR WORK ON THE PROJECT TRACT 6.G.1 Bogue Inlet The following consistency determinations and concurrences have been issued for federal projects on the project tract: Description Date Purpose The NC Department of Natural Resources & 1/12/1979 and Inlet maintenance dredging Community Development (NC DNR&CD) issued 1/24/1980 concurrence letters to the USACE Wilmington t District The USACE Wilmington District 1983 Report on 1983 Construction and maintenance of the Improvement of Navigation and EIS contains a entrance channel across the ocean consistency determination in Appendix E bar at Bogue Inlet The USACE Wilmington District submitted a 9/2/1983 Maintenance of the Bogue Inlet consistency determination and concurrence to the AIW W Crossing and upland disposal NC DNR&CD Consistency concurrence issued by the NCDCM 1/16/2009 Maintenance dredging with a cutterhead hydraulic pipeline dredge from the Atlantic Ocean through Bogue Inlet to the AIW W. In addition, the following state and federal permits have been issued to the Town of Emerald Isle for work on the project tract: Permit Number Issuing Date 1. CAMA Major Permit #20-99 2/16/99 USACE #1999-00659, DWQ #98-1292 1/27/99 9/9/2004; renewed on 2/8/2008, Minor modifications on 10/10/2004,12/21/2004,2/8/2005,12/21/2005,05/07/2007, 2. CAMA Major Permit #127-04 6/19/2007,11/21/2007,11/25/2007, 10/8/2008, 3/28/2010, 11/21/2010, and 12/23/2010. Modification requested 10/17/2013. DWQ Project# 041176 9/7/2004 RECEIVE 6.G.2 New Topsail inlet APR 10 2015 The following consistency determinations and concurrences have been issued for federal projects on the project CITY tract: Description Date Purpose NC DNR&CD issued concurrence letters to 1/12/1979 and Inlet maintenance dredging the USACE Wilmington District 1/24/1980 USACE Wilmington District consistency 2/25/1980 Maintenance of the New Topsail Inlet AIW W determination Crossing 17 I Final: March 27, 2015 I:\NaN t- e&MG\5229 Fm-StWy-NNvn\pou\geportt\petmlt Nppllution\SDIS pem:It AppOcatlon- Q331I5.tloc raO'ORIEN 6 6ERE Description Date Purpose USACE Wilmington District consistency 7/2/1980 Expansion of dredge area within New Topsail determination Inlet to include the connector channels west of Banks Channel and Topsail Creek to the AIW W, with nearshore disposal at the -10 ft mean low water (MLW) contour. Consistency concurrence from NC DNR & 7/16/1980 Dredging within New Topsail Inlet and nearshore CD disposal USACE Wilmington District prepared a 9/15/1980 Use of an industry -owned dredge with nearshore subsequent consistency determination disposal at the -14 ft MLW contour. USACE Wilmington District consistency 2/22/1982 Beach disposal of material dredged from Banks determination Channel NC DNR&CD issued a consistency 2/25/1988 Maintenance dredging of the Topsail Inlet AIW W concurrence letter for USACE Wilmington Crossing District consistency determination In addition, the following state and federal permits have been issued to the Town of Topsail Beach for work on the project tract: Permit Number Issuing Date ' 1. CAMA Major Permit #22-09 2/27/2009, modified in 7/1/2009, 12/1/2010, 1/12/2011, 1/12/2014 USACE Action ID # SAW-2006-40848-071 6/15/2009 USACE Action ID # SAW-2013-00404 11/12/2013 R DWQ Certification #3777 11/17/2010 \ DCM_ =1VED 0_2M HD CITY 6.13.3 Carolina Beach Inlet The following consistency determinations and concurrences have been issued for federal projects on the project tract:. Description Date Purpose USACE Wilmington District prepared 2/25/1980 Carolina Beach Inlet AIW W Crossing maintenance consistency determination and submitted project to NC DNR&CD USACE Wilmington District consistency 4/18/19 00 Construction and maintenance of Carolina Beach determination letter submitted to NC Inlet with nearshore disposal DNR&CD USACE Wilmington District submitted February 1982 Include beach disposal on Masonboro Island amendmentto April 18,1980 consistency determination letter to NC DNR&CD NC DNR & CD consistency concurrence 3/30/1987 Maintenance of the AIW W Crossing and beach letter (references USACE Wilmington disposal on Masonboro Island District Consistency Determination CD 87-10 18 1 Final: March 27, 2015 — - t;\NCNat-Res.SS%52139.Env-Stod,Ncd.\Dou\Reports\Pemit Appiiutton\5D4 Permi'411imdon-02M.dov ap'DIi1CNSGCRC In addition, the following state and federal permits have been issued to New Hanover County for work on the project tract: , Permit Number Issuing Date DCM Permit #138-12 EiMires 12 31 2015 DWQ Certification #3900 DW Project#12-0868 9 10 /2/2012 USACE Action ID # SAW-2010-01825 1 8 2013 6.G.4 Lockwoods Folly Inlet The following consistency determinations and concurrences have been issued for federal projects on the project tract: Description Date Purpose NC DNR&CD issued concurrence letters to i/12/1979 and Inlet maintenance dredging the USACE Wilmington District 1/24/1980 USACE Wilmington District consistency 2/25/1980 Maintenance dredging within the AIW W at determination Lockwoods Folly Inlet USACE Wilmington District consistency 8/4/1980 determination Lockwoods Folly River AIW W Crossing project (dredging and,upland disposal) Consistency concurrence issued by 9/25/1980 NCDNR & CD USACE Wilmington District consistency 9/29/19 44 determination Adding an additional disposal area for dredging Lockwoods Folly Inlet Consistency concurrence issued by 7/16/1984 NCDNR & CD , U.� 1V21VW1L% bWLC diw,euerai permus nave peen issued to the Town of Holden Beach for work on the project tract: Permit Number Issuing Date 1. CAMA DCM Permit #14-02 Issued 2/1/2002, Major Modification 7/10/2012, Modification requested 12/20/2013 DWQ Certification #3780 (DWQ Project #20011836) Issued 2/13/2009, Replaced 6/18/2012 USACE Action ID No. SAW-2012-00286 9/28/2012 RECEIVED APR 10 2M ( ` DCM-MHD CITY �.J 19 1 Final: March 27, 2015 :\NCNat-Rei]55p\$i139.EnvSWtlpNMvn\Dxs\gepp[Is\petmltAppllotlon\SOFSPe, itAPpll®demp32n,d.c 131OURIENGGERE K �.J 6.G.S Shallotte River Inlet The following consistency determinations and concurrences have been issued for federal projects on the project tract: Description bate Purpose USACE Wilmington District consistency 2/25/1980 and Shallotte Inlet AIWW Crossing maintenance determinations 6/29/1984 dredging project NC DNR & CD issued consistency concurrence 7/16/1984 Maintenance dredging in the vicinity of Holden Beach DCM issued state consistency 9/29/1997 Ocean Isle Beach coastal storm damage reduction co concurrence project In addition, the following state and federal permits have been issued to the Town of Ocean Isle Beach for work on the project tract: Permit Number Issuing Date CAMA Permit # 91-05 6/28/2005, modified 4/28/2006 DWQ Certification #3400 (DWQ Project No. 050487) 5/13/2005 USACE Department of the Army Permit #SAW-2005-00360 9/27/2005 6.1-1. SIGNED CONSULTANT OR AGENT AUTHORIZATION FORM See Attachment 1 6.1. WETLAND DELINEATION Not necessary. 6J. SIGNED AEC HAZARD NOTICE FOR PROJECTS IN OCEANFRONT AND INLET AREAS See Attachment 2 6.K. STATEMENT OF COMPLIANCE WITH THE N.C. ENVIRONMENTAL POLICY ACT Notrequired. 1:\NnNet-pes1550\53134Fnv-SWEy-NrEcn\puu\gppurts\permit Appllatien\$OF3 PemIIt ApP��nOon- 0327M,d- RECEIVED APR 10 2015 C:ry GO O'BRIEN6GERE dr— U DCM MP-2 EXCAVATION AND FILL INFORMATION The following sections comprise application form MP-2. Dimension Bogue Inlet New Topsail Carolina Beach Lockwoods Shallotte River Inlet Inlet Folly Inlet Inlet Length AMV:5,400ft AIWW: 7,800ft AIWW:3,9 00ft AIWW:7,700ft AIWW:9,000ft Bogue Inlet & Connecting Topsail Creek: Carolina Beach Lockwoods Shallotte River Channel:16,500 8,000 ft Inlet 6,300 ft Folly Inlet Inlet 5,400 ft ft 4,100 it New Topsail Inlet: 7,800 It Banks Channel: 21,100 ft ' Width AIWW:100ft AIWW:100ft(+50 AIWW:looft(+50 AIWW:l00ft AIWW:l00ft (+50 it widener) itwidener) itwidener) (+400ftbend (+200 it widener Connecting New Topsail inlet Carolina Beach widener) at Inlet Crossing, Channel: 90 ft 150 it Inlet 150 it Lockwoods and 100 ft �. Bogue Inlet 150 Topsail Creek& Folly Inlet:150 widenerat Shallotte River) It Banks Channel: it soft Shallotte River Inlet: Ranges from 320 ft at AIW W to 1,500 ft at mouth Average AIWW:-12ft AIWW:-12ftMLW AIWW:-12ItMLW AIWW:-12ft AIWW:-12ft Existing Depth, (Federally MLW Topsail Creek-7 ft Carolina Beach . MLW MLW authorized Connecting Channell:: -6 ft MLW Inlet: -8 ft MLW Lockwoods Shallotte River depths) MLW Inlet. -8ftMLW Folly Inlet -12 ft Inlet: -15 ft MLW MLw Bogue Inlet: -8 it Banks Channel: -7 MLw ftMLW Final Project AIWW:-14it AIWW:-14ftMLW AIWW:-14itMLW AIWW:-14ft AIWW:-14it Depth (Includes Allowable MLW New Topsail Inlet Carolina Beach MLw MLW Over -depth) Connecting Channel: -8 It -10ftMLW Inlet. -10itMLW Lockwoods Shallotte River MLW Topsail Creek & Folly inlet: -14 ft Inlet: -15 if MLW Banks Channel: -9 MLW Bogue Inlet: -10 ftMLW 'ft MLW AP 1. EXCAVATION RECEIVED R I 0 2015 DCM-MHD CITY a. Amount of material to be excavated from Typical AIW W Crossing maintenance at each inlet, including below NHW or NWL In cubic yards wideners, excavates less than 150,000 cy approximately every two years; typical inlet shoal maintenance at each inlet excavates less than 30,000 cy per year. The CSDR Borrow Area at Shallotte Inlet typically provides up to 385,000 cy during nourishment cycles. b. Type of material to be excavated Sand 211 Fnal:March 27, 2015 I:\NCNat-Re&MD\52D9.Enr4tWy-Nrdan\DnaWpenAPe, ,tAppli.tion\5D1 Permit APPH.d - 03 MAa GORIEN Ei GERE n c.. Does the area to be excavated Include . Benthic habitats mapped in the vicinity of the project areas are coastal wetlands/marsh (CW), submerged depicted in the Essential Fish Habitat Summary figures aquatic vegetation (SAV), shell bottom (Attachment 5.4). or other wetlands If so, provide number of square provide feet feet affected, None of the inlet excavation areas include CW, SAV, or WL. and the purpose of excavation in these Because the Proposed Action entails maintenance of existing areas. navigation channels, the areas of shell bottom depicted in Attachment 5.4 are not considered to be applicable within existing navigation channels. d. High ground excavation in cubic yards NA RECEIVED APR 10 2015 Donn-aewD CITY 221 Final: March 27,2015 _ i:\xc-Natae&ssso\szvs.¢nv-SWd-Nce=\oou\repo, \kmlI401mUo�\SDI P.�m nooiK.m�-027Z.d. QOR)CNsGCRC U 2. DISPOSAL OF EXCAVATED MATERIAL 2.1 Bogue Inlet a. and b. Location & dimensions of disposal areas: The proposed disposal areas are from the following previously authorized projects, which have beneficially placed material in the footprints delineated on Figure 2 and shown in the Design Plats provided in Attachment 3.1: • Bogue Inlet Channel Erosion Response Project, Coastal Area Management Act (CAMA) Permit #127- 04, conducted by the Town of Emerald Isle in 2005. This includes an authorized beach placement template of approximately 4.5 miles of beach with a typical berm width of 80 ft and a 20:1 beach face slope from the berm to existing grade. • Permit Modification to CAMA Permit #127-04 for beneficial placement at the Pointe at Emerald Isle, conducted by the U.S. Army Corps of Engineers (USAGE) Wilmington District in winter 2013/2014. Approximately 50 acres of placement along 3,000 feet of beach, to a depth of 1-2 feet • Bogue Inlet & AIW W Crossing Maintenance Dredging and Beneficial Placement conducted by the USACE Wilmington District This includes beneficial placement on the beach, and near -shore disposal locations at approximately -10 ft MLW (see Figure 2). Beach placement is along approximately 1,200 feet of beach, with an average berm width of 75 ft and a natural slope from the berm to existing grade. • Upland Disposal Site # AIW W DA 0060, existing diked upland disposal site recommended for use for incompatible material by USACE Wilmington ' acres. c. (i) Do you claim title to disposal area? No ❑ NA of completing the projects above, the Town of Emerald uired easements from the roperties for beneficial beach placement of dredged material. These easements are on file with the Town of Emerald Isle. The USACE Wilmington District has easements on file for the upland disposal site. The applicant will obtain a Consent Agreement from the USACE Real Estate Office prior to beginning construction. Should an easement be found to be problematic, the applicant will resolve the issue prior to beginning (ii) If no, attach a letter granting permission from the owner. construction. RE EI d.(i) Will a disposal area be available for future maintenance? 0 Yes []No ❑ NA APR E (ii) If yes, where? Same locations DCKa_ty H e.(i) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the ❑ CW — ❑ SAV _ ❑ SB number of square feet affected: ❑ WL _ 0 None (ii) Describe the purpose of disposal in these areas: f(i) Does the disposal include any area in the water? 0 Yes ❑ No ❑ NA (ii) If yes, how much water area is affected? The nearshore disposal area is approximately 6,000 feet long with a - variable width 23 1 Final: March 27, 2015 I:\NpNat-IIev155U\53139.Env-Study-Ncdvn\flocs\gepor[s\pe,mlt Appll®tbn\SD45 Pe,mit Applimtlen- 0.i])15.dpc ru QBRIEN 6 GERE VED 2015 o cry i� ' 2.2 New Topsail Inlet a. and b. Location & dimensions of disposal areas: The proposed disposal areas are from the following previously authorized projects, which have beneficially placed material in the footprints delineated on Figure 3 and shown in the Design Plats provided in Attachment 3.2: • Topsail Beach Nourishment Project (Permit #22-09 Modification), conducted by the Town of Topsail Beach. This includes an authorized beach placement template of 10,861 linear feet of beach with an average berm width of 40 It and a 25:1 beach face slope from the berm to existing grade. • New Topsail Inlet, Topsail Creek, Banks Channel, & AIW W Crossing Maintenance Dredging and Beneficial Placement, conducted by the USACE Wilmington District This includes beneficial placement on the beach, and near -shore disposal locations at approximately -10 ft MLW (see Figure 3). Beach placement is along approximately 1,650 feet of beach, with an average berm width of 100 ft and a natural slope from the berm to existing grade. • Upland Disposal Site # AIW W DA 0203, existing diked upland disposal site recommended for use for incompatible material by USACE Wilmington District Site is approximately 14.7 acres. c.(i) Do you claim title to disposal area? ❑ Yes 0 No ❑ NA As part of completing the projects described above, the Town of Topsail Beach acquired easements from the affected properties for beneficial beach placement of dredged material. These easements are on file with the Town of Emerald Isle. The USACE Wilmington District has easements on file for the upland disposal site. The applicant will obtain a Consent Agreement from the USACE Real Estate Office prior to beginning construction. Should an easement be found to be problematic, the applicant will resolve (H) If no, attach a letter granting permission from the owner. the issue prior to beginning construction. d.(i) Will a disposal area be available for future maintenance? 0 Yes ❑ No ❑ NA (ii) If yes, where? Same locations REC EJ e.(i) Does the disposal area include any coastal wetlands/marsh APR (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the ❑ CW _ ❑ SAV _ ❑ SB r rxn_� number of square feet affected: ❑ WL _ ' 0 None (ii) Describe the purpose of disposal in these areas: f(l) Does the disposal include any area in the water? 0 Yes ❑ No ❑ NA F(ii)f The nearshore disposal area is yes, how much water area is affected? approximately 6,000 feet long with a variable width. 24 1 Final: March 27, 2015 I:\NONat-ges.155N$2139.Env-SmdYNcdun\pors\gepwu\permitnyp�intun\3U45 permit Ppplbtlen- 0327]S.doc •, O'oRIENSGERC VED 12015 ID CITY (� 2.3 Carolina Beach Inlet a. and b. Location & dimensions of disposal area: The proposed disposal area is from the following previously authorized project, which has beneficially placed material in the footprint delineated on Figure 4 and shown in the Design Plats provided in Attachment 3.3: • Carolina Beach & AIW W Crossing Maintenance Dredging and Beneficial Placement, conducted by the USACE Wilmington District. This includes beneficial placement on the beach at Freeman Park, and near -shore disposal locations at approximately -10 ft MLW (see Figure 4). Beach placement is along approximately 3,000 feet of beach, with an average berm width of 150 ft and a natural slope from the berm to existing ade. c.(i) Do you claim title to disposal area? ❑ Yes El No ❑ NA New Hanover County acquired easements from the affected properties for beneficial beach placement of dredged material. These easements are on file with New Hanover County. Should an easement be found to be problematic, the applicant will resolve (ii) If no, attach a letter granting permission from the owner. the issue prior to beginning construction. d. (i) Will a disposal area be available for future maintenance? ® Yes ❑ No ❑ NA (ii) If yes, where? Same locations e.(i) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the ❑ CW— ❑ SAV— ❑ SB number of square feet affected: ❑ WL — 0 None (ii) Describe the purpose of disposal in these areas: E(i) Does the disposal include any area in the water? El Yes ❑ No ❑ NA The nearshore disposal area is (1i) If yes, how much water area is affected? approximately 3,700 feet long at variable widths and depths. RECEIVED APR i U 2015 DCM-MHD CITY 25 1 Final: Mar[h 27, 2015 cyrorv.o-xc..ssso�s:rsa.e�.-swawrvmvnlooa�geoem�nerm¢pP,vmnonuoFs permlGpp4®mn-n327ss.eac G 17GRIEN6GERE i� 0 �l 2.4 Lockwoods Folly Inlet a. and b. Location of & dimensions of disposal areas: The proposed disposal areas are from the following previously authorized projects, which have beneficially placed material in the footprints delineated on Figure 5 and shown in the Design Plats provided in Attachment 3.4: • Holden Beach Central Reach Project (Permit #22-09), conducted by the Town of Holden Beach. This includes an authorized beach placement template along 4.2 miles of shoreline, with an average dune crest width of 25 feet, and a 5:1 construction slope to an average berm width of 140-190 ft, with a 15:1 beach face slope from the berm to existing grade. • Lockwoods Folly Inlet & AIW W Crossing Maintenance Dredging and Beneficial Placement, conducted by the USACE Wilmington District This includes beneficial placement on the beach, and near -shore disposal locations at approximately-10 ft MLW (see Figure 5). Beach placement is along approximately 2,000 feet of beach, with an average berm width of 75 ft and a natural slope from the berm to'existing grade. • Holden Beach 2013 Permit #14-02 Modification "Piggyback Project", conducted by the USACE Wilmington District and the Town of Holden Beach. This included beach placement west of the existing USACE template for placement from the AIW W Crossing, along approximately 3,700 feet of beach, with an average berm width of 7S ft and a natural slope from the berm to existing grade. • Upland Disposal Site # AIW W DA 0268, existing diked upland disposal site recommended for use for incompatible material by USACE Wilmington District Site is aRproximately 21.5 acres. c.(i) Do you claim title to disposal area? ❑ Yes a No ❑ NA As part of completing the projects described above, the Town of Holden Beach acquired easements from the affected properties for beneficial beach placement of dredged material. These easements are on file with the Town of Holden Beach. The USACE Wilmington District has easements on file for the upland disposal site. The applicant will obtain a Consent Agreement from the USACE Real Estate Office prior to beginning construction. Should an easement be found to be problematic, the applicant will resolve (ii) If no, attach a letter granting permission from the owner. the issue prior to beginning RECEI E[ construction. d. i Willa disposal area be available for future maintenance? El Yes ❑No ❑ NA (1 ii If es, where? Same locations e. (i) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the ❑ CW ❑ SAV El SB number of s uare feet affected: _ _ ❑ WL 0 None ii Describe the u these -areas. ose of disposal in _ Does the disposal include an area in the water? 0 Yes ❑ No ❑ NA The nearshore disposal area is approximately 5,700 feet long at Holden Beach, and approximately 8,200 feet long at ii If es, how much water area is affected? Oak Island with a variable width at both areas. 26 1 Final: March 27, 2015 I:\NCNetA.IBSN$2199.EmStudy NW=\Dca%Repom\Permit Appli®tion\SM P.e it Appligpon-032715.d- 63 O'GRIEN 6 GERE CITY K 2.5 Shallotte River Inlet a. and b. Location & dimensions of disposal areas: The proposed disposal areas are from the following previously authorized projects, which have beneficially placed material in the footprints delineated on Figure 6 and shown in the Design Plats provided in Attachment 3.5: • Ocean Isle Beach Coastal Storm Damage Reduction Project, conducted by the USACE Wilmington District This includes an authorized beach placement template along approximately 3.3 miles of shoreline, with an average dune crest width of 25 feet, and a 10:1 construction slope to an average berm width of 50 ft, with a 10:1 beach face slope from the berm to existing grade. • Shallotte River Inlet A11WW Crossing Maintenance Dredging and Beneficial Placement conducted by the USACE Wilmington District This includes beneficial placement on the beach, and a near -shore disposal location at approximately-l0 ft MLW (see Figure 6). Beach placement is along approximately 1,600 feet of beach, with an average berm width of 75 ft and a natural slope from the berm to existing grade. • Ocean Isle Beach East End Project (Permit #91-05), conducted by the USACE Wilmington District and the Town of Ocean Isle Beach. This included beach placement east of the existing USACE template for placement from the AIW W Crossing, along approximately 2,700 feet of beach, with an average berm width of 130 ft to 150 ft with a slope from the berm ranging from 18:1 to 20:1 to existing grade. • Upland Disposal Site # AIW W DA 0900, existing diked upland disposal site recommended for use for incompatible material by USACE Wilmington District Site is approximately 13.2 acres. c.(i) Do you claim title to disposal area? ❑ Yes El No ❑ NA As part of completing the projects described above, the Town of Ocean Isle Beach and the USACE Wilmington District acquired easements from the affected properties for beneficial beach placement of dredged material. These easements are on file with the Town of Ocean Isle Beach and the USACE Wilmington District The USACE Wilmington District has easements on file for the upland disposal site. The applicant will obtain a Consent Agreement from the USACE Real Estate Office prior to beginning construction. Should an easement be found to be problematic, the applicant will resolve ii If no, attach a letter granting permission from the owner. the issue prior to beginning Ei construction. d, i Will a disposal area be available for future maintenance? ❑ Yes ❑ No ❑ NA ii .If yes, where? e.(i) Does the disposal area include any coastal wetlands/marsh Same location if fill is required. bCt-i (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the ❑ CW ❑SAV ❑ SB number of square feet affected: _ ❑ WL _ El None ii Describe the u ose of disposal in these areas: _ f. i Does the disposal include any area in the water? 0 Yes ❑ No ❑ NA (H) If yes, how much water area is affected? The nearshore disposal area is approximately 3,500 feet long with a variable width. 27 1 Final: March 27, 2015 I:\NCNa[-Ro]550\52139.FnvSmdyNWon\Dpu\Reports\Permit Ap111®tlpn\SD6 Permit Appliutlpn- M27B.da< GDRICN E GCR[ :EIVED 0 2015 4HD CITY n tJ 3. SHORELINE STABILIZATION Not applicable. 4. OTHER FILL ACTIVITIES Not applicable. S. GENERAL S.a. Retention of fill excavated material and erosion control measures Temporary in -situ sand berms and dikes will be used during beach placement to facilitate settlement and retention of sand on beach and also allow water to re-enter Atlantic Ocean. S.b. Describe types of equipment to be used For dredging with beneficial placement, a cutterhead hydraulic dredge and pipeline, bulldozers, front- end loaders and other earth moving machinery will be used. For dredging without beneficial placement, dredges will be selected based on the following criteria: ■ Appropriate draft for inlet & channels ■ Exclusionary fittings for sea turtles and sturgeon (if hopper dredges are used that have sufficient suction head size and suction power to entrain sea turtles and sturgeon) ■ Sea -worthy beyond COLREGS line S.c. Will navigational aids be required as a result of the project Yes. S.d Will wetlands be crossed in transporting equipment to project site No. M I Mnal: Marts Z1, ZU15 L\Nwat nSW2v9.rm hidpw \o pup \Pemit4eIlaUon\SDFSPe—ityoR®ucn-02M.&c RECEIVED APR 10 2015 DCM-MID CITY 81 QBIRIEN 6 GERE Lim r J AND PERMISSION To I understand that any permit`issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit I certify that I am authorized to grant and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project I further certify that the information provided in this application is truthful to the best of my knowledge. Date: .3,3%/9 Print name: Frank Rush niure man engineering SoIuUom Signature: � /r RECEIVED APR 10 2015 P3Z rd-6Aury t 11`( IMBIVEN 6 GENE New Tops to l lnlr� I understand that anypermitissued, in response to this application will allow only the development described in the application. the projedwlll be uhJed to the conditions and restrictions contained in the permit I certify that 1 am authorized:to grant, and do in fad grant permission to representatives ofstate'and federal review agenclesao enteron the aforementioned lands in connection with evaluatinginformation related to this permit appltcationand follow-up monitoring of the.project I further certi e informatlon provided in this application Is truthful to the best of my knowledge. Date: J Print name: Tim.Hnlnn,an More than Engineering Solutions RECEIVED l APR 10 7915 DCM-MHD CITY ®®P�l�1W Fi �Cl�le UI Carolina Beach Inlet I understand that any permit issued in response to this application will allow only the development described In the application. The project will be -subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant:permission to representatives of state and federal review agencies to enter on the.aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date: A01 W VOW Print name: ChrisCoudriet Signature: `mowQOMAZ RECEIVED APR 1 01015 DCYa_ynw) CITY 321 Final: February 9, 2015 1:\N<-W4flasA550\5]139.Fm.51w1/-N<d[m\OonWepeni\permit AppGatian\SOILS paMr Rpp in4m. @0915Ax r GDRIEN 6 GERE n i understand that any permit issued in response to this application will allow only the development described in the application. The projectwill be subject to the conditions and restrictions contained in the permit 1 certify that 1 am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in.connection with evaluating information related to this permit application and follow-up monitoring of the project I further certify that the information provided in this application is truthful to the best of my knowledge. Date: 3 h/2e/S` print name: David Hewett Signature: More than Engineering Solutions RECEIVED APR 10 2015 DCM-MHO CITY CrORIENSGERE N Shallotte River Inlet I understand that any permit issued in response to this application will allow onlythe development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and Follow-up monitoring of the project I further certify that the information provided in this application is truthful to the best of my knowledge Date: cK ne � c4O)(5 — Print name More than Engineering Solutions Signature: RECEIVED APR t 0 2015 DCM-MIID CITY KYBRIEM 5 GERE I M 2 NCDETNR North Carolina Department of Environment and Natural Resource Pat McCrory Governor: ' May 19, 2015 RECEIVED MEMORANDUM: TO:. Shane Staples . MAY 2 6 2o15 Fisheries Resource Specialist DCAVFishenes . DCM WARo Donald R. van der Vaart Secretary FROM: Jonathan Howell,. NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA / D&F Permit Application Review Applicant: Town of Emerald Isle Project Location: Bogue Inlet and the connecting channel to the A/WW Proposed Project: to continue federal navigation maintenance dredging, with disposal areas along the Emerald Isle oceanfront, in Carteret County. Please indicate below your agency's position or viewpoint on the proposed project and return this form to'Jonathan Howell at the address above by June 12, 2015. If you have any questions regarding the proposed project, contact Tara MacPherson at (910)796-7425 when appropriate, in depth comments with supporting data is requested, **The complete application submittal can be viewed at: jftp://Vrww.ob�.com User name:NCDNR52139 Password: N652dNr139 REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. ✓This agency approves of the project only if the recommended changes are. incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE`%//� N.C. Divislon of Coastal Management 127 Cardinal Drive Ext, Wilmington, NC 28405 Phone:910-796-72161 FAX: 910-395-3964 Intemet: wivanccoastalmanaaementnat An Equal eppofWn41AffifmathAcft Employer RESUME North Carolina Department of Environment and Natural -Resources Pat McCrory Governor MEMORANDUM: TO: Jonathan Howell, DCM Assistant Major Permit Coordinator Doug Huggett, DCM Major Permit Coordinator FROM: Shane Staples, DCM Fisheries Resource Specialist SUBJECT: Town of Emerald Isle (SDI-5) DATE: 6/24/15 Donald R. van der Vaart Secretary A North Carolina Division of Coastal Management (DCM) Fisheries Resource Specialist has reviewed the subject permit application for proposed actions that impact fish and fish habitats. As partof a joint application with other beach towns known as SDI-5, the Town of Emerald Isle proposes to maintain the USACE federal navigation channel within Bogue Inlet, the AIWW crossing, the connecting channel between the two as well as place any beach compatible material from the maintenance dredging on the oceanfront beaches in Emerald Isle. When funding has been available the USACE has maintained federal navigation channels of the following dimension: Bogue.lnlet 6,100 ft. in length by 150 ft. in width with a maximum depth of -8 ft. plus -2 ft. MLW, the AIWW crossing approximately 5,400 ft. in length by 90ft: in width to a maximum depth of-12 ft. plus -2 ft. MLW, and the connector channel from the AIWW to Bogae Inlet will be approximately 10, 400 ft. in length by 90 ft. in width to a maximum depth of= 6 ft. plus -2ft. MLW. Traditionally USACE navigation maintenance within the inlet has been a side cast operation. The proposed navigational channel dredge dimensions match those previously authorized and completed by the USACE described above. Shoal maintenance dredging is mentioned in Attachment 6 (Conservation Measures) but not included in the project description for this area. The applicant also proposes beneficial placement of beach compatible dredge material along 4.5 miles of oceanfront previously approved under State Permit No. 127-04. This area begins at 6709 Ocean Drive and extends West, including the area.approved under a permit modification along the west end of Emerald Isle. Some material not disposed of along the beach may be placed in a pre -approved near -shore disposal area approximately 6,000 ft. in length in approximately -loft. at MLW. Locations and volume of material to be dredged may vary due to the'state of the channels where dredging is needed, but the typical length of beneficial placement would typically be 2,700 ft. for.any given event. Any material not suitable for beach placement will be placed in an upland disposal site currently used by the USACE. In order to reduce the negative effects of dredge and fill operations such as those proposed by the applicant a moratorium on in -water work from April 1— September 30 for this project should be conditioned. Dredging and beach placement of material can displace and bury organisms causing localized mortality events. Observation of the moratorium can reduce the negative effects to organisms 1601 Mall Servloe Center, Raleigh, North Carolina 27699-1601 Phone; 919-707-860011nternet www.ncdenr.gov An Equal Opporlunit %ANRa6ve Action Employer— Made In pert by rxyoled paper r during a time period deemed critical to life stages including spawning and larval stage. Additionally, DCM Fisheries has concerns about the frequency of'dredge and fill events. If dredge and beach placement operations occur frequently (i.e. yearly) the effects of the mortality events caused by displacement and burial can be compounded by not allowing recolonization. All work should stay within USACE templates. Contact Shane Staples at (252) 948-3950 or shane.staples@ncdenr.zov with further questions or concerns. i UNITED STATES DEPARTMENT OF COMMERCE =National Oceanic and Atmospheric Administration NATIONAL MARINE FISHERIES SERVICE Southeast Regional Office 9721 Executive Center Drive North St. Petersburg, FL 33702 (727) 570-5312; FAX 570-5517 MAR 9 1999 F/SER3:EGH:ts Mr. C. E. Shuford, Jr., P.E. Chief, Technical Services Division Wilmington District Corps of Engineers P.O. Box 1890 Wilmington, NC 28402-1890 Dear Mr. Shuford: This letter responds to your letter to me dated July 1, 1998 and enclosed Biological Assessment (BA). Your BA, submitted pursuant to Endangered Species Act (ESA) section 7 consultation requirements, assesses the use of the U.S. Army Corps of Engineers (COE) sidecast dredges FRY, MERRITT and SCHWEIZER, and the split -hull hopper dredge CURRITUCK in United States coastal waters. Additional, revised information was submitted to this office on March 2, 1999. Proposed Action This consultation addresses the use of the sidecast dredges FRY, MERRITT and SCHWEIZER and the split -hull hopper dredge CURRITUCK, to maintain shallow, coastal inlet navigation channels along the eastern seaboard of the United States. These specialized dredge plants are currently used primarily by the Wilmington District Corps of Engineers at many locations in North Carolina but also occasionally elsewhere along the eastern seaboard. Normally, they are used in: 1) shallow coastal inlets which cannot be dredged safely or effectively with commercially available dredges, 2) during emergencies, or 3) when an urgent and compelling need exists for clearing out a navigation channel, such as periods when rapid shoaling has occurred, a navigation hazard may exist, and there is insufficient time to contract commercial dredges. The sidecast dredges FRY and MERRITT each have two drag arms, one on each side, that vacuum the sediment through 10-inch intake pipes as the arms drag along the bottom. The sediment is pumped through a combined 12-inch discharge pipe that is above the water surface and perpendicular to the dredge. The SCHWEIZER is laid out similarly but its dredge suction pipes are 14 inches in diameter and combined discharge pipe is 16 inches in diameter. In all three dredges the discharge pipe extends about 60 feet beyond the side of the dredge. This pipe distance and force from the pumps generally results in the sediment being deposited 85 to 100 feet from the dredge. The sediment is discharged on the side of the channel where the predominant currents would tend to move the -sediment away from the channel. e'44�t 1 I The split -hull hopper dredge CURRITUCK has drag arms similar to a sidecast dredge, but the sediment is pumped into the dredge's hopper. The water in the hopper is overflowed to provide an economic load of sand, since the dredged slurry entering the hopper contains about 20% sand and 80% water. Once the hopper is full of sand (about 300 cubic yards), the sediment is taken to nearshore ocean waters (normally 6 to 10 below feet mean low water) where the split -hull hopper is opened and the sediments are dumped. These vessels operate year-round to dredge and maintain shallow navigation channels with depths between 4 feet and 14 feet below mean low water. Vessels operate without sea turtle deflectors on the dragheads, and have no screening or observers. Draghead suction is produced by use of dredge pumps averaging 350-horsepower, with a maximum horsepower of 400. The draghead sizes range from approximately 2 feet by 2 feet to 2 feet by 3 feet. The draghead openings are further subdivided on their undersides by gridded baffles, with openings ranging from about 5 inches by 5 inches to 5 inches by 8 inches. These baffles restrict the size of objects which can enter the dredge draghead. Listed Species and Critical Habitat Listed species under the jurisdiction of the NMFS that may occur in channels along the southeastern United States and which may be affected by dredging include: THREATENED: (1) the loggerhead turtle - Caretta caretta ENDANGERED: (1) the right whale - Eubalaena glacialis (2) the humpback whale - Megaptera novaeangliae (3) the green turtle - Chelonia mydas Note: green turtles in U.S. waters are listed as threatened, except for the Florida breeding population which is listed as endangered. (4) the Kemp's ridley turtle - Lepidochelys kempii (5) the hawksbill turtle - Eretmochelys imbricata (6) the shormose sturgeon - Acipenser brevirostrum Additional endangered species which are known to occur along the Atlantic coast include the finback (Balaenoptera physalus), the sei (Balaenoptera borealis), and sperm (Physeter macrocephalus) whales and the leatherback sea turtle (Dermochelys coriacea). NMFS has determined that these species are unlikely to be adversely affected by the proposed dredge vessel activities because they are unlikely to be encountered in the shallow, coastal inlet waters that typify the project areas. 2 Right whale critical habitat overlaps portions of the project area. There are five well-known habitats used annually by right whales including: 1) coastal Florida and Georgia, 2) the Great South Channel, east of Cape Cod, 3) Cape Cod and Massachusetts bays, 4) the Bay of Fundy, and 5) Browns and Baccaro Banks, south of Nova Scotia. The first three areas occur in U.S. waters and have been designated by NMFS as critical habitat (59 FR, 28793, June 3, 1994). Biological information on the right whale and humpback whale is included by reference to the August 25, 1995 Biological Opinion on hopper dredging in the southeastern United States, and the NMFS recovery plans for right whales and humpback whales (NMFS 1991a; 1991b). The following discussions focus primarily on vessel interactions with whales. Right Whales: New information has recently become available on the right whale population. A progression of discussions and analysis has occurred during ESA section 7 consultations conducted in 1995 and 1996 on vessel and aircraft operations of the U.S. Coast Guard, and the prosecution of northeast Atlantic fisheries for American lobster and multi -species, concerning the population trend for the northern right whale. The current conclusion is that it remains unknown whether or not the population is showing a decline, or whether the population growth rate has remained at a constant rate of 2.5% or at a constant, but lower rate. The 1996 NMFS draft stock assessment report indicates that the size of this population may have been as low as 50 at the turn of the century, which suggests that the species may be showing signs of a slow recovery to the current estimate of 295. However, a recent statistical analysis based on current trends in right whale mortality predicts that the northern right whale population is doomed to extinction and calculates their extinction date as 2189 (Caswell et aL 1999 in press) . Other right whale researchers have expressed their doubts as to the efficacy of current conservation measures to prevent extinction of the northern right whale population (Slay 1999, personal communication). In any event, the current small population size combined with their low reproductive rate suggest that anthropogenic impacts may have a greater effect on this species than other endangered whales subject to the same impacts. Anthropogenic causes of right whale mortality are discussed in detail in Kraus (1990) as well as in NMFS (1991a). Ship collisions and entanglements are the most common direct causes of mortality identified through right whale strandings. Twenty percent of all right whale mortalities observed between 1970 and 1989 were caused by vessel collisions/interactions with right whales. An additional 8% of these mortalities are suspected to have resulted from vessel collision. As a result of the potential for interactions between vessels and right whales from December through March in the calving area off Georgia and northern Florida, aerial surveys funded by the COE, Navy and USCG have been implemented as the right whale early warning system. These surveys are conducted to identify the occurrence and distribution of right whales in the vicinity of ship channels in the winter breeding area, and to notify nearby vessel operators of whales in their path. Data collected during these surveys indicate that right whales are observed off Savannah, Georgia, in December and March, and are relatively abundant between Brunswick, Georgia, south to Cape Canaveral from December through March. During early 1995, a right whale was also observed by shipboard observers off Morehead City, North Carolina. Humpback Whales: The Humpback Whale Recovery Plan (NMFS 1991b) identifies entanglement and ship collisions as potential sources of mortality, and disturbance, habitat degradation, and competition with commercial fisheries as potential factors delaying recovery of the species. Until recently, humpback whales in the mid- and south Atlantic were considered transients. Few were seen during aerial surveys conducted over a decade ago (Shoop et al., 1982). However, since 1989, sightings of feeding juvenile humpbacks have increased along the coasts of Virginia and North Carolina, peaking during the months of January through March in 1991 and 1992 (Swingle et al., 1993). Shipboard observations conducted during daylight hours during dredging activities in the Morehead City Harbor entrance channel during January and February 1995 documented sightings of young humpback whales on at least six days near the channel and disposal area, through January 22, 1995. Three humpback strandings were documented in North Carolina in that year, one each in February, March, and April, suggesting that humpback whales remained within South Atlantic waters through April. Swingle et al. (1993) identify a shift in distribution of juvenile humpback whales in the nearshore waters of Virginia, primarily in winter months. Those whales using this mid -Atlantic area that have been identified were found to be residents of the Gulf of Maine feeding group, suggesting a shift in distribution that may be related to winter prey availability. In concert with the increase in mid -Atlantic whale sightings, strandings of humpback whales have increased between New Jersey and Florida since 1985. Strandings were most frequent during the months of September through April in North Carolina and Virginia waters, and were composed primarily of juvenile humpback whales of no more than 11 meters in length (Wiley et al., 1995). Six of 18 humpbacks (33 percent) for which the cause of mortality was determined were killed by vessel strikes. An additional humpback had scars and bone fractures indicative of a previous vessel strike that may have contributed to the whale's mortality. Sixty percent of those mortalities that were closely investigated showed signs of entanglement or vessel collision (Wiley et al., 1993). Sea Turtles: Information on the biology and distribution of sea turtles can be found in the 1991 and 1995 Biological Opinions on hopper dredging in channels and borrow areas, which are incorporated by reference. Channel specific information has been collected by the COE for channels at Morehead City, Charleston, Savannah, Brunswick, Fernandina and Canaveral, and is presented in detail in COE summary report entitled "Assessment of Sea Turtle Abundance in Six South Atlantic U.S. Channels" (Dickerson et al. 1994) and in the COE's Biological Assessment. Information on the rd biology and distribution of right whales and humpback whales can be found in the 1991 and 1995 Biological Opinions as well. There is no significant new information regarding the status of sea turtle species that has not been discussed in the Biological Opinions that have been incorporated by reference. Sturgeons: Shortnose sturgeon are found in rivers, estuaries, and the sea, but populations are confined mostly to natal rivers and estuaries. The species appears to be estuarine anadromous in the southern part of its range, but in some northern rivers it is "freshwater amphidromous," i.e., adults spawn in freshwater but regularly enter saltwater habitats during their life. Adults in southern rivers forage at the interface of fresh tidal water and saline estuaries and enter the upper reaches of rivers to spawn in early spring (NMFS 1998). The use of saline habitat varies greatly among northern populations. In the Saint John and Hudson rivers, adults occur in both freshwater and upper tidal saline areas all year. This situation may also exist in the Kennebec River system where, during summer, some adults forage in the saline estuary while others forage in freshwater reaches. In the Delaware, Merrimack and Connecticut Rivers, adults remain in freshwater all year, but some adults briefly enter low salinity river reaches in May -June then return upriver. Some adults have been captured in nearshore marine habitat, but this is not well documented. Many tagging and telemetry studies in rivers throughout the species' range indicate that these fish remain in their natal river or the river's estuary (NMFS 1998). The final recovery plan for the shortnose sturgeon (NMFS 1998b) gives the current, best available information on the distribution and abundance of shortnose sturgeon, and is incorporated herein by reference. However, in the project area, the Cape Fear River, North Carolina, shortnose sturgeon population would be the most likely to be affected by the proposed dredging activities. No other shortnose sturgeon populations are known from North Carolina, which is where most of the maintenance dredging by the vessels considered in this consultation has historically occurred and will continue. Effects of the Proposed Action Effects on Sea Turtles The construction and maintenance of Federal navigation channels by hopper dredges have been identified as a source of turtle mortality. NMFS has previously consulted on the use of hopper dredges in southeastern United States channels and borrow areas, and Gulf of Mexico channels. The November 25, 1991 biological opinion issued to the COE's South Atlantic Division (SAD) found that continued hopper dredging activity was likely to jeopardize the continued existence of the Kemp's ridley sea turtle. The reasonable and prudent alternative issued with the 1991 biological opinion included the prohibition of hopper dredging in the Canaveral channel (Florida), seasonal restrictions which allowed hopper dredging from December through March in channels from North Carolina through Canaveral, or use of alternative dredges in all southeastern U.S. channels. In addition to hopper dredges, clamshell, sidecast and pipeline dredges are all used to dredge and maintain navigation channels. Pipeline and clamshell dredges are relatively stationary, and therefore act on only small areas at any given time. Observer coverage was required at pipeline outflows during several dredging projects deploying pipeline dredges along the Atlantic coast. No turtles or turtle parts were observed. Additionally, the COE's SAD provided documentation of hundreds of hours of informal observation by COE inspectors during which no takes of listed species were observed. Additional monitoring by other agency personnel, conservation organizations, and the general public has never resulted in reports of a turtle take by pipeline dredges. In contrast, large capacity, oceangoing hopper dredges, which are frequently used in ocean bar channels and sometimes in harbor channels and offshore borrow areas, move relatively rapidly and can entrain and kill sea turtles, presumably as the drag arm of the moving dredge overtakes the slower moving turtle. Brumation by sea turtles in southeastern channels, when they bury themselves in the channel bottom mud and presumably slow their metabolic processes, is also suspected in deaths of some sea turtles by hopper dredge. The reasons for this are that: 1) the turtle deflector device on the leading edge of the draghead is probably less effective at deflecting buried sea turtles than deflecting turtles which are simply resting or foraging on the channel bottom, 2) the turtles' ability to move out of the way quickly may be compromised because they are partially buried in sediment, and 3) their flight response time may be lengthened due to their torpor or reduced metabolic rate during brumation. The operation of sidecast dredges FRY, MERRITT and SCHWEIZER and the small capacity, coastal hopper dredge CURRITUCK is not expected to adversely affect listed species of sea turtles because of the slow speed of the vessels, the low suction levels inherent to these small dredges, and the small size of the dragheads. These species should be able to get out of the way of the slow moving dredges, which operate at speeds of 1 to 3 knots when working in inlet channels. From sea turtle tests performed by the Corps of Engineers in New River Inlet in 1998, it is known that the suction dragheads of these vessels exhibit very low suction forces. Further, the dragheads have very small openings--3 inches by 5 inches for the CURRITUCK and 5.5 inches by 8 inches for the sidecast dredges. The results of the tests conducted by the Corps of Engineers on a previously -dead, juvenile (13.5-inch carapace length) green turtle demonstrated that the low suction forces and small openings prevented the lifeless turtle from being entrained. Further, the suction force was low enough that the turtle was easily prodded and moved with a pole despite being held by the suction force against the draghead. If a small, live turtle did get impinged by the pump suction against the draghead, the turtle would very likely soon be broken free of the suction by the motion of the draghead along the irregular bottom and/or its own efforts to free itself. Even if a turtle small enough to pass through the draghead were encountered, it could pass through the dredge relatively unharmed due to the low pump pressures involved. It is unlikely that turtles small enough to pass through the dragheads will be encountered in significant numbers in the proposed operating area of the dredges. The smallest of three sea turtles (all loggerheads) taken during hopper dredging operations in November -December 1998 at Beaufort Inlet Entrance Channel, North Carolina by the dredge SUGAR ISLAND measured 57 cm by 44 cm curved carapace length (CCL) by curved carapace width (CCW). During hopper dredging operations in February of 1999 in Kings Bay Entrance Channel, Fernandina, Florida, a total of 33 sea turtles (all juvenile loggerheads) were captured and relocated by a contract trawler sweeping the area in front of the large capacity hopper dredge R.N. WEEKS. (The R.N. WEEKS has a dredged material storage capacity approximately 10 times that of the CURRITUCK, and significantly larger dragheads, pumps and suction). The smallest captured and relocated loggerhead measured 54.5 cm CCL by 52.0 cm CCW. One Kemp's ridley that was lethally taken by the R.N. WEEKS measured approximately 30 cm in carapace diameter. Neither of these turtles would have been entrained by the smaller sized gridded dragheads of the vessels considered in this consultation because of their small openings. Sea turtle strandings were compiled by R. Boettcher of North Carolina Marine Fisheries Commission for beaches within 3 miles (north, south, and inland) of Oregon Inlet, Drum Inlet, New Topsail Inlet, and Lockwood Folly Inlet, North Carolina for all periods when dredging operations occurred for 1994 - 1997 (ACOE, 1998) for the four vessels considered in this consultation. A total of 19 loggerheads, one green and one Kemp's ridley were reported stranded. The size of the stranded loggerheads would have precluded their entrainment by the vessels considered in this consultation (the smallest loggerhead which stranded measured 23.5 inches by 22.5 inches (CCL by CCW). The rarest and smallest of the turtles which stranded during the reporting period —the green and the Kemp's ridley — measured 12 inches by 10 inches (CCL by CCW), and 15 inches by 15 inches, respectively, and were also too large to have been entrained by the dragheads of the vessels considered in this consultation. Both of these turtles stranded within three miles of Lockwood Folly Inlet. Additional data was compiled and analyzed by Boettcher on the measurements of sea turtle strandings and incidental captures in North Carolina from 1996-1998. Of 25 stranded green turtles for which straight-line carapace widths (SCWs) were measured in 1996, roughly 95% (mean plus or minus two standard deviations) ranged between 7.5-12.5 inches (mean SCW was 10.0 inches); in 1997, roughly 95% of 29 stranded green turtles had SCWs of 6.7-12.4 inches (mean SCW was 9.5 inches); in 1998, roughly 95% of 43 stranded green turtles had SCWs of 3.8-16.4 inches (mean SCW was 10.1 inches), while roughly 68% (mean plus or minus one standard deviation) had SCWs of 7.0-13.3 inches. In 1996 of 9 stranded Kemp's, roughly 95% had SCWs of 7.5-17.4 inches (mean SCW was 12.6 inches); in 1997 of 34 stranded Kemp's, roughly 95% had SCWs of 6.2-19.2 inches (mean SCW was 12.7 inches); in 1998 of 75 stranded Kemp's, roughly 95% had SCWs of 4.6-19.5 inches (mean SCW was 12.0 inches). The difference between the SCW and straight-line carapace length (SCL) measurements of the 212 stranded Kemp's and greens considered above ranged from 0.8 to 2.2 inches. It appears based on these measurements and the size of the openings on the dragheads (the largest opening is 5 by 8 inches), that the vast majority of both greens and Kemp's ridleys considered here could not and would not be entrained by the dragheads. Both species are considerably smaller than the abundant loggerheads. While the possibility of entrainment of the smallest individuals of these two species cannot be ruled out, it is unlikely to occur. Effects on Sturgeon Aside from seasonal migrations to estuarine waters, shortnose sturgeon rarely occur in the marine environment. Shortnose sturgeon spawning habitat in the potential project areas should lie well upstream of the ocean inlet environments typically dredged by the small capacity, coastal hopper dredge CURRITUCK and the small sidecast dredges FRY, SCHWEIZER and MERRITT. Juvenile shortnose usually remain upstream of saline water until they reach about 45 cm (approximately 18 inches) in length. Habitat conditions normally suitable for adults (shortnose greater than 45 cm in length) could occur in estuarine areas where these vessels might be required to work. Sturgeon habitat within the areas dredged would be temporarily disturbed during maintenance dredging. However, the dredges considered in this consultation restore navigation channels to their authorized dimensions to reestablish a previously existing condition (depth). Therefore, no new permanent modification of habitat will occur. Maintenance dredging of Federal navigational channels can adversely affect sturgeon by entraining them in dredge dragarms and impeller pumps (NMFS 1998). Other dredging methods may also adversely affect sturgeon. Hastings (1983) reported anecdotal accounts of adult sturgeon being expelled from dredge spoil pipes while conducting a study on sturgeon on the Atlantic coast. Atlantic sturgeon were killed in both hydraulic pipeline and bucket -and -barge (clamshell dredge) operations in the Cape Fear River (M. Moser in NMFS 1998). NMFS observers documented the take of one Atlantic sturgeon in a hopper dredge operating in King's Bay, Georgia (C. Slay in NMFS 1998). Two shortnose sturgeon carcasses were discovered in a' dredge spoil near Tullytown, Pennsylvania and apparently killed by a hydraulic pipeline dredge operating in the Delaware River in March 1996 (NMFS 1998). In early 1998, three shortnose sturgeon were killed by a hydraulic pipeline dredge operating in the Florence to Trenton section of the upper Delaware River (NMFS 1998). Adult shortnose could occur in some of the areas that may be dredged by these vessels. Adults would be most likely to be encountered in the winter and spring, after spawning and their migrations to feeding areas in downstream and estuarine waters. However, because of their mobility, adult shortnose sturgeon should be able to avoid the slow moving dredge equipment if they move away when they detect the approaching draghead. Given their specialized sensory apparatus, they should be able to detect the vibrations of a slow moving, approaching draghead. Also, given the size of the shortnose sturgeon which would be expected to occupy the coastal inlets being dredged, i.e. greater than 45 cm, it is unlikely that they would be entrained by the slow moving, low suction dragheads. Entrained sturgeons passing through the suction pipelines could pass through unharmed, or they could be killed. Though the possibility of injury or death cannot be ruled out, as evidenced by the historic record, the likelihood is remote. Effects on Whales Right whales and humpback whales are vulnerable to small vessel and ship collisions when the whales make their annual migrations along the eastern seaboard. The sidecast dredges FRY, MERRITT and SCHWEIZER transit at approximately 7 to 10 knots from the inlet dredging sites to adjacent beach sites to dispose of dredged materials. The CURRITUCK travels at speeds of 5 to 8 knots to adjacent beaches or offshore disposal sites. Because of these slow speeds, these vessels should present a minimal threat to migrating whales — certainly less than that of normal, faster -moving commercial ship traffic and recreational boating. Adverse impacts to right whales and humpbacks from the dredges and dredging operations are not expected because 1) the dredges work in the throats and interior portions of inlets which are not used by whales, 2) the dredges travel at very low rates of speed during dredging operations, 3) the captains of the dredges will be provided daily information on the positions of the migrating right whales, and 4) the dredges will reduce their speed as necessary and maintain a proper lookout to avoid collisions with whales when transiting to disposal sites and right whales are in the area. Conclusion Based on our consideration of the best available information, we believe that the year-round operation of the hopper dredge CURRITUCK and the sidecast dredges FRY, MERRITT and SCHWEIZER to maintain coastal inlets on the eastern seaboard of the United States may affect, but is not likely to adversely affect the continued existence of listed species under NMFS purview. This consultation is valid as well for the operation by Wilmington District Corps of Engineers for channel maintenance dredging of up to 10 vessels of this or similar type and size class (under 500 gross tons), with similar dragheads (Brunswick, Brunswick County Type, Brunswick Adjustable, or equivalent), dredge pump horsepower (400 H.P. maximum), and suction and discharge pipe specifications (dredge suction pipes 10-14 inches in diameter, and combined discharge pipe 12-16 inches in diameter). This concludes consultation responsibilities with NMFS under section 7 of the ESA. Consultation should also be reinitiated pursuant to 50 CFR 402.16 if there is new information that reveals effects of the action that may affect listed species or critical habitat (when designated) in a manner or to an extent not previously considered, if the identified action is subsequently modified in a manner that causes an effect to listed species or critical habitat that has not been considered, or if a new species is listed or critical habitat is designated that may be affected by the identified action. Please call Mr. Eric Hawk, Fishery Biologist, at 727/570-5312 if you have any questions regarding this consultation or if further coordination is necessary. cc: F/PR3 0 1. Kemmerer Administrator References Caswell, H. et al. 1999. Proceedings of the National Academy of Science. In press. Dickerson, D.D., K.J. Reine, D.A. Nelson and C.E. Dickerson. 1994. Assessment of Sea Turtle Abundance in Six South Atlantic U.S. Channels. Report for the US Army Corps of Engineers, October, 1994. Hastings, R.W. 1983. A study of the shortnose sturgeon, Acipenser brevirostrum, population in the upper tidal Delaware River: assessment of impact of maintenance dredging. Final Report. 81 5670 USACE Shortnose Sturgeon —Delaware River (Hastings) DACW 61- 81-C-0138. Center for Coastal and Environmental Studies for U.S. Army Corps of Engineers, Philadelphia District. 117pp. Kraus, S.D. 1990. Rates and potential causes of mortality in North Atlantic right whales (Eubalaena glacialis). Marine Mammal Science. 6(4):278-291. NMFS. 1991. Endangered Species Act section 7 consultation with U.S. Army Corps of Engineers, South Atlantic Division on hopper dredging of channels in the southeastern United States from North Carolina through Cape Canaveral, Florida. Biological Opinion, November 25. NMFS. 1991a. Recovery plan for the northern right whale (Eubalaena glacialis). Prepared by the Right Whale Recovery Team for the National Marine Fisheries Service, Silver Spring, Maryland. 86 pp. NMFS. 1991b. Recovery plan for the humpback whale (Megaptera novaeangliae). Prepared by the Humpback Whale Recovery Team for the NMFS, Silver Spring, Maryland. 105 pp. NMFS. 1995. Endangered Species Act section 7 consultation with U.S. Army Corps of Engineers, South Atlantic Division on hopper dredging of channels and borrow areas in the southeastern United States from North Carolina through Florida east coast. Biological Opinion, August 25. 25 pp. NMFS. 1997a. Endangered Species Act section 7 consultation with U.S. Army Corps of Engineers, South Atlantic Division on the continued hopper dredging of two channels and two borrow areas in the southeastern United States during 1997. Biological Opinion, April 9. 16 pp. NMFS. 1997b. Endangered Species Act section 7 consultation with U.S. Army Corps of Engineers, South Atlantic Division on the continued hopper dredging of channels and borrow areas in the southeastern United States. Biological Opinion, October 14. 16 pp. 10 D DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX WILMINGTON, NORTH CAROROLINA 26402-1890 6W6-.� July 1, 1998 IN REPLY REFERTO Environmental Resources Section Dr. Andy Kemmerer, Regional Director National Marine Fisheries Service 9721 Executive Center Drive North St. Petersburg, Florida 33702-2449 Dear Dr. Kemmerer: Enclosed is our Biological Assessment, Use of the Sidecast Dredges Fry, Merritt, Schweizer. and the Solit-Hull Hopper Dredge Currituck in Coastal United States Waters, dated July 1998. The assessment documents our finding that the use of these vessels to maintain navigation channels along the eastern seaboard of the United States is not likely to adversely affect any listed species under the jurisdiction of your agency. As discussed with Ms. Colleen Coogan of your staff, we would like to have your office serve to coordinate your agency's review of this assessment since it discusses the operation of these vessels within the National Marine Fisheries Service's Southeast and Northeast Regions. A copy of this assessment is enclosed for Ms. Nancy Hanley of the Northeast Region. If you have any questions regarding the operation of these vessels, the investigations performed, or any other part of this assessment, please contact Mr. William Adams at (910) 251-4748. Sincerely, C. E. Shuford, Jr., P.E. Chief, Technical Services Division Enclosure -2- Copy Furnished: Ms. Nancy Haley National Marine Fisheries Service Northeast Regional Office One Blackburn Drive Gloucester, MA 01930 Ms. Ruth Boettcher North Carolina Wildlife Resources Commission P.O. Box 178 Marshallberg, NC 28553 BCF: CESAW-TS-ON/Sattin CESAW-TS-ON/Potter CESAW-TS-P E/Adams/dr/4748 CESAW-TS-PE/Griffin CESAW-TS-P/Long CESAW-TS-ON/Sattin CESAW-TS/Jahnke CESAW-TS/Shuford/s/ Mail CESAW-TS/Files n:/3085pn be/wpd o dbioass/sidetran.doc BIOLOGICAL ASSESSMENT USE OF THE SIDECAST DREDGES FRY, MERRITT, SCHWEIZER, AND THE SPLIT -HALL HOPPER DREDGE CURRITUCK IN COASTAL UNITED STATES WATERS JULY 1998 BIOLOGICAL ASSESSMENT USE OF THE SIDECAST DREDGES FRY, MERRITT, AND SCHWEIZER AND THE SPLIT -HULL HOPPER DREDGE CURRITUCK IN COASTAL UNITED STATES WATERS 1.00 Background The sidecast dredges Fry, Merritt, and Schweizer, and the split -hull hopper dredge Currituck, are used throughout the east coast of the United States to maintain adequate depths in navigation channels through shallow coastal inlets. These dredges are Government -owned and are based in, and operate out of, Wilmington, North Carolina, and are administered by the Wilmington District, U.S. Army Corps of Engineers. These dredges were once covered under the Regional Biological Opinion (RBO) for hopper dredging issued by the Southeastern Regional Office of the National Marine Fisheries Service. However, they were left out of the 1997 RBO because of concerns about their potential impacts to listed species since they operate without deflectors, have no screening or observers, and operate during all times of year, including warm weather seasons. In order to address these concerns, a separate Biological Assessment became necessary. 2.00 Description of Dredge Plants These shallow draft dredges all use small California style dragheads to collect shoal material; however, their sizes and power are substantially less than that of the commercial hopper dredges which employ similar draghead technology in the southeast. Dredge pumps.on these vessels average around 350 horsepower and draghead sizes range from approximately 2' X 2' to 2' X 3'. The draghead openings are further subdivided on their undersides by gridded baffles, with openings ranging from about 5" X 5" to 5" X 8". These baffles serve to restrict the size of objects which can enter the dredge and to even -out and direct the hydraulic forces during dredging, allowing for maximum production with each dredge cut. When operating, the Fry, Merritt, and Schweizer cast dredged material to the side of the navigation channel whereas the Currituck fills a small hopper with the material and transports it to designated disposal areas. These vessels operate at working speeds ranging between 1 and 3 knots and travel at speeds between 7.0 and 10 knot. These dredges normally dredge shallow channels, with depths between 4 feet and 14 feet below mean low water. Photographs and complete descriptions of each of these vessels are provided in Attachment A. Photographs of the draghead of the dredge Fry are also included in Attachment D. 3.00 Dredging Locations and Times These specialized dredge plants are currently used at many locations in North Carolina and elsewhere along the eastern seaboard. Normally, they are used in: 1) shallow coastal inlets which cannot be dredged safely or effectively with commercially available dredges, 2) during emergencies, or 3) when an urgent and compelling need exists for clearing out a navigation channel (periods when rapid shoaling has occurred, a navigation hazard may exist, and there is insufficient time to contract commercial dredges). All locations dredged by these vessels for the past few years are included in Attachment B. This listing is not intended to be restrictive as future conditions may make the use of these vessels desirable at additional locations; however, this Biological Assessment assumes that all covered activities will occur along the eastern seaboard of the United States. Potential activities in gulf or west coast waters would need to be covered under a separate Biological Assessment. In North Carolina, these vessels operate under no seasonal restrictions. When working in other states, the host District normally provides all necessary environmental clearances for a vessel to operate at the desired locations and dates. In the past, this has included clearances under Section 7 of the Endangered Species Act, as amended. Through this Biological Assessment, and subsequent NMFS Biological Opinion, the host District will be able to incorporate this consultation by reference, hopefully minimizing the need for individual consultations in the future. 4.00 Species Covered Under This Assessment The following threatened or endangered species are under the jurisdiction of the National Marine Fisheries Service and are known to occur in the waters of the eastern U.S. seaboard: MAMMALS Finback whale (Balaenoptera physalus) - Endangered Humpback whale (Megaptera novaeangliae) - Endangered Right whale (Eubaleana glacialis) - Endangered Sei whale (Balaenoptera borealis) - Endangered Sperm whale (Physeter catodon) - Endangered REPTILES Green sea turtle (Chelonia mydas) - Threatened Hawksbill sea turtle (Eretmochelys imbricala) - Endangered Kemp's ridley sea turtle (Lepidochelys kempt) - Endangered Leatherback sea turtle (Dermochelys coriacea) - Endangered Loggerhead sea turtle (Caretta caretta) - Threatened FISHES Shormose sturgeon (Acipenser brevirostrum) - Endangered 5.00 Species Assessments 5.01 Finback whale humpback whale right whale sei whale and sperm whale a. Status - all endangered b. Occurrence in Immediate Project Vicinity - Whales occur infrequently in the ocean off the coast of North America. Of these, only the right whale routinely comes close enough inshore to encounter these dredges which would be operating in the immediate vicinity of ocean . inlets. The right whale winter calving grounds occur in the nearshore ocean near the Florida/Georgia state line and their late summer feeding and breeding grounds are in the lower Bay of Fundy or the lower Scotian shelf. Their occurrence along much of the eastern seaboard is usually associated with migrations. Sighting data provided by the Right Whale Program of the New England Aquarium indicates that 93 percent of all North Carolina sightings between 1976 and 1992 occurred between mid -October and mid -April (Chris Slay, personal communication, 1993). Since these dredges operate year-round along the eastern seaboard, this species could easily be in the vicinity of the dredges during some of their operations. c. Current Threats to Continued Use of the Proect Area - None d. Project Impacts - (1) Habitat - These dredges restore.navigation channels to their authorized dimensions, in essence, reestablishing a previously existing condition. No permanent modification of habitat will occur. (2) Food Supply - Right whales feed on copepods and juvenile euphasiids. The productivity of these prey species will not be diminished by the maintenance dredging of inlets channels; therefore, the food supply of the right whale should be unaffected. (3) Relationship to Critical Periods in Life Cycle - Over most of the eastern seaboard, these dredges operate year-round while right whales should only be present during migrations. Right whales are vulnerable to ship and small vessel collisions while migrating; however, sidecast dredges and the Currituck normally work in the throat and interior portions of inlets. When working in inlet channels, the vessels operate at speeds between 1 and 3 knots. The Currituck travels to an adjacent beach to dispose of dredged material at speeds between 5 and 8 knots. The vessels transit between sites at speeds of 7 to 10 knots. These speeds allow maximum dredging efficiency but maintain an adequate speed for steerage in inlet environments. Because of these slow speeds, these vessels should present less of a threat to migrating whales than normal commercial ship traffic and recreational boating. When operating near, or traveling through, the right whale calving grounds, the Captains of these vessels would be provided daily information on the locations of the whales from the right whale monitoring program and would operate their vessels accordingly. (4) Affect Determination - Since: 1) existing habitat conditions and food supplies will be maintained, 2) the sidecast dredges and Currituck normally work in the throats and interior portions of inlets which are not used by whales, and 3) these vessels travel at very low rates of speed during operation; it has been determined that the operation of these vessels is not likely to adversely affect any species of whale. 5.02 loggerhead sea turtle green sea turtle hawksbill sea turtle Kemp's ridley sea turtle and leatherback "sea turtle a. Status - loggerhead and green sea turtles, threatened; others, endangered b. Occurrence in Immediate Project Vicinity - Over most of the eastern seaboard, the green, Kemp's ridley, and the loggerhead sea turtles are known from primarily from estuarine and oceanic waters, whereas the leatherback and the hawksbill are known principally from oceanic waters. All of these species are considered -to be residents of the seaboard primarily from the spring through the fall although occasional winter records exist. Sea turtles are known to nest on ocean beaches from Virginia south through Florida. The sea turtle nesting season begins in early spring, increases to a peak in late spring to mid -summer, and declines until completion in late summer. c. Current Threats to Continued Use of Area - The most significant threats posed to adult and subadult sea turtles are accidental drowning in nets, ingestion of lethal non-food material, collisions with watercraft, and natural predators. d. Project Impacts - (1) Habit t - These dredges restore navigation channels to their authorized dimensions, in essence, reestablishing a previously existing condition. No permanent modification of habitat will occur. (2) Food Supply - These species feed primarily on a wide variety of invertebrates and plant materials. Maintenance dredging will temporarily remove some of these resources from the channel bottom. Impacts on foraging habitat will be minor as dredging will only affect a small portion of the estuary and ocean bottom where work is being performed; therefore, dredging should not have any adverse long term affect on the food supply of these species. (3) Relationship to Critical Periods in Life Cycle - These dredges operate year- round and could, therefore, be operating in shallow inlet areas when sea turtles are present. Turtles frequent such areas, particularly when entering and exiting estuarine waters. Their residence time in shallow inlet environments is unknown. Because of the apparent potential for adversely impacting sea turtles, sea turtle stranding data was analyzed by Ms. Ruth Boettcher, NC Wildlife Resources Commission, to see if over the past several years dead turtles have washed up in the vicinity of dredging operations. In addition, a field impingement test using a sidecast dredge and a fresh dead green sea turtle was conducted in New River Inlet on 28 February 1998. Analysis of stranding data does not reveal any pattern which would indicate that either the sidecast dredges or the Currituck were responsible for any of the strandings in inlet areas. Of the eight inlet areas examined, four of them had no strandings during the multiple periods when dredging was occurring. Of the other four, almost half of the strandings (9 out of 21) could not be attributed to any known cause, i.e., no damage to the turtles was apparent. Of the remaining, boat propellers or human molestation appeared to be the probable cause of mortality in most cases (9 out of 12), in the remaining (3), injury was too non-specific or the specimen was too badly decomposed to assess any cause of death. The complete text of Boettcher's report is included as Attachment C. On 26 February 1998, Ruth Boettcher, NC Wildlife Resources Commission, and Messers. Frank Yelverton and William Adams, Corps of Engineers, visited the sidecast dredge "Fry", located in New River Inlet, Onslow Co., N. C., to test whether or not this class of vessel could take sea turtles. A fresh dead 13.5" green sea turtle from Pamlico Sound (taken last year but kept frozen) was used in the tests (see photographs in Attachment D). Three tests were run: 1) in the water column, the turtle was impinged on the draghead and the pumps were run for 5 minutes (this test was performed twice), 2) the turtle was impinged on the draghead, then the draghead placed on the bottom and the pumps were run for 5 minutes (this test was also performed twice), and 3) the turtle was impinged on the draghead and the vessel performed routine dredging for 5 minutes. Results were as follows: For test one, first run, no significant damage was visible to the turtle, only a few barely detectable nicks to the carapace. After the second run, the barnacles had been sucked off but, again, the shell and flippers had no detectable damage. For test two, both runs, no significant damage was done, a few nicks on the carapace were apparent but nothing else. For test three, significant abrasions occurred on the anterior portion of the carapace and one blister -like hematoma (dime -sized) was raised on the underside of the left front flipper. Significant quantities of sand had also been forced into the turtle's mouth. Several important observations were made during the tests. The suction force coming through the draghead was not strong. In one case, the turtle was not properly impinged and it was easily prodded with a pole into proper position. This would not have been possible if it were tightly held by suction forces. A check with the Captain indicated that the vacuum gauge for the pump showed no change when the turtle was impinged. This further indicates minimal suction forces at the draghead. The same turtle was used on all of the tests. At the end of all of this cumulative impingement abuse, the only damage observed was abrasion from being dragged along the bottom. No fractures, dislocations, or any other type of physical damage was detectable. The last test was considered to be a worst case scenario - an impinged turtle unable to escape because it was tied to a draghead. Under normal circumstances, it is questionable whether these vessels could actually impinge a sea turtle with such low suction forces. If a sea turtle were to accidentally become impinged, at such low suction forces it would have ample opportunity for escape due to bottom irregularities. (4) Affect Determination - Based on the findings of Boettcher's report on turtle strandings and the results of the test dredging, it appears that these dredges, all of which have similar dragheads and pumps, do not pose a significant threat to sea turtles. Even if a turtle small enough to pass through the draghead were encountered, it appears highly probable that it would pass through the dredge unharmed due to the low pump pressures involved. For these reasons, it has been determined that continued operation of these dredges along the eastern seaboard is not likely to adversely affect any species of sea turtle. 5.03 shortnose sturgeon a. Status - endangered b. Occurrence in Immediate Project Vicinity - The shortnose sturgeon occurs in rivers along the Atlantic seaboard from the Saint John River in New Brunswick, Canada, to the Saint Johns River, Florida; therefore, these dredges may occasionally work in the vicinity of shortnose sturgeon populations. The species is known to use three distinct portions of river systems: (1) non -tidal freshwater areas for spawning and occasional overwintering; (2) tidal areas in the vicinity of the fresh/saltwater mixing zone, year-round as juveniles (to 45 cm) and during the summer months as adults; and (3) high salinity estuarine areas (15 parts per thousand (ppt) salinity or greater) as adults during the winter. Because of the wide range of habitats available in the major river systems along the Atlantic seaboard, variation from this general scheme can be found. One population, in Holyoke Pool, Connecticut, is totally landlocked. c. Current Threats to Continued Use of the Area. Pollution, over -fishing, and blocked access to historic spawning areas are generally considered to be the principal causes of the decline of this species. d. Project Impacts. (1) Habitat - Spawning habitat for the shortnose sturgeon should lie well upstream of the ocean inlet environments typically dredged by these vessels. In addition, juveniles usually remain inland of saline water until about 45 cm in length. Habitat conditions normally suitable for adults (>45cm) could occur within estuarine areas where these vessels might be required to work. Any sturgeon habitat within the areas dredged would be temporarily disturbed during maintenance. These dredges restore navigation channels to their authorized dimensions, in essence, reestablishing a previously existing condition. No permanent modification of habitat will occur. (2) Food Suooly - The shortnose sturgeon is a bottom feeder, consuming various invertebrates and occasionally plant material. Adult foraging activities normally occur at night in shallow water areas adjacent to the deep water areas occupied during the day. Juveniles are not known to leave deep water areas and are expected to feed there. All bottoms dredged as a part of a given maintenance activity will suffer temporary declines in benthic fauna populations in comparison to adjacent undisturbed areas. Given adequate recovery time, future channel bottoms would be expected to continue to support benthic populations similar to those existing prior to maintenance dredging. (3) Relationship to Critical Periods in Life Cycle - Maintenance dredging with these vessels can be performed -at any time of year. Compliance with seasonal restrictions is the responsibility of the host Corp District; if requested to dredge in a given area, it is assumed that the host Corps District has coordinated the activity and obtained the necessary environmental clearances. Adults could occur in some of the areas that may be dredged by these vessels. Because of the mobility of adults, they should be able to avoid the slow moving dredging equipment if they exhibit flight behavior when approached. Whether or not this occurs is unknown. From the sea turtle tests performed in New River Inlet and described above, it is known that the suction dragheads of these vessels exhibit very low suction forces and have very small openings, ranging from 3" X 5" for the Currituck and 5.5"x 8" for the sidecast dredges. Given the size of shortnose sturgeon which would be expected to occupy the areas being dredged (>45cm = 17.7"), the low suction forces and small openings, and an expected flight response, it is unlikely that an adult sturgeon would be taken under normal circumstances. (4) Affect Determination - Analysis of the life history and range of the shortnose sturgeon and the general physical characteristics of the areas likely to be dredged within that range indicate that these dredges may occasionally be working in the vicinity of the species. Project maintenance should not result in significant habitat modification and feeding areas will not be significantly affected. Spawning areas and nursery areas for juveniles would be expected to occur outside of the areas normally dredged, but adult shortnose sturgeon could be present in dredging areas. Since the shortnose sturgeon which occupy the project area are mobile, they should be able to avoid locations being disturbed by dredging. Assuming a worst case, based on the low suction forces of these vessels and the small size of the draghead openings, direct impingement is considered unlikely. For these reasons, it has been determined that continued operation of these vessels along the eastern seaboard is not likely to adversely affect the shortnose sturgeon. 6.00 SUMMARY AND CONCLUSION 6.01 Factors Considered This biological assessment has analyzed the potential impacts associated with the maintenance of coastal inlets along the eastern seaboard with sidecast dredges and the splithull hopper dredge Currituck, on those listed species which the National Marine Fisheries Service believes may be in the project area. Factors which were considered in making effect determinations were as follows: * Project location in relation to distribution of listed species. ' Types of environmental impacts created by the project, including secondary impacts. * Seasonality of occupation of the area by listed species. Life history requirements and behavior of listed species. Human use pressures on the area. 6.02 Conclusion Through analysis of the above mentioned factors, it has been determined that the continued use of these vessels to maintain shallow coastal inlets along the eastern seaboard is not likely to adversely affect any listed species. n:V 085pnbalwpdoclbiowskidecast.wpd ATTACHMENT A U.S. Army Corps of Engineers Wilmington. District Floating Plant Manual Surveyboat Gillette Vessel Characteristics and Specifications Hull Material Aluminum Length, Overall 64'-11-5/8" Beam, Overall 18'-0" Draft, FWD 2'-5" Draft, AFT 4'-6" Vertical Clearance 26'-0" Speed, light 24 MPH Speed, loaded 22 MPH Tonnage, Gross 71.85 tons Displacement' 26.31 tons Propulsion Engines: Main Engine- 2 ea 12V71 TI GM Diesel, 1040 HP, total Propellers- 2-30"d x 32"p 4-blade 12 1/2" shaft) Auxiliary Power-20 KW AC Generator GM 2-71 Diesel Bunker Capacity: 1200 gal diesel fuel Crew: 2-4 Radar: Furuno Model 805D Loran: Micrologic ML-2000 Radio: Motorola VHF FM 163.4125 Mhz-Syncom 10- Synthesized Regency MT-5500 XL Survey Equipment: Entron Pentium PC Hypack surveying/navigation software Ashtech GPS navigation system Trimble Navbeacon system Ross 200 and 28Khz dual frequency echosounder Reson Seabat multibeam system TSS heave compensation system " Hazen automated tide gage system Launch: 16' Aluminum Skiff, Monark COV c;nBrm -Page r Snagboat Snell Radio Call Letters:AEGC Performs clearing and snagging and wreck removal in AIWW, navigable rivers and other channels. Has capability for driving piling, construction and repairs of fender systems, dikes, jetties, and dolphins. Serves as derrick -boat, refueling vessel, clamshell dredge, etc. Works in Wilmington and Charleston Districts. Built: Missouri Valley Bridge and Iron Company in 1945, originally designated Navy YSD 78. Converted: 1967 by New Bern Shipyard, New Bern, NC. This conversion involved virtual rebuilding, including repowering, construction of house and replacement of practically all machinery. A large section of underwater hull plating was replaced. Vessel Characteristics and Specifications: Gross Tonnage 185 long tons Displacement 323 long tons Length, Overall 104'-0" Beam 31'-2" Depth, Molded 7'-9" Draft, Aft 5'-6" Draft, Forward 4'-0" Propulsion Equipment: (Diesel) Engines: 2 each, GM, Model 12V71, each 350 HP, total 700 HP Propellers: 2 each, 4-blade, 42"d x 32"p Reduction Gear: Twin disc, Ratio 3:1 Twin Rudders with Wheels in Tunnels Speed: 9.5 MPH —= - --- - Jet pump with GM 371 engine Generators: 2, 45 KW AC diesel generators, GM 371 engine Snell - Page 2 Derrick: Pettibone Model 130, 35 ton capacity SWL, GM 6V53 engine with Hydraulic graple device Boom, Length: 35 -84 ft. telescope Bunker Capacity: 10,000 gal diesel Portable Water: 4,000 gal Cruising Radius: 2600 miles Water Pump: (Jet & Dewatering) 4" Diesel powered Air Compressor: 350 CFM/3-53 Diesel Steering and engine controls on bridge wings Radio Equipment: Motorola MICOM-X, single side band 2.3000 MHZ thru 20.00 MHZ Loran C Furuno & Micrologic ML5500 Loran G.P.S. Plotter Positioning Gear 2-Regency Polaris MT5500 VHF Marine Band 156-163 MHZ Transceiver WX1, WX2, WX3, WX4 Cellular Phone Crew: 6 men Radar: Furuno Model FP5080, .25mi scale to 48 mi. scale Fathometer: Standard -Horizon NOTE: The quarters are centrally air conditioned; galley is fully equipped with freezer locker and all necessary gear. The mess area serves as a recreation room with TV installed. The master, Chief Engineer and crew have private quarters. Launch: 17' fiberglass, Boston Whaler, with 90 HP Mercury outboard motor propulsion unit, COB Snell - Pepe 3 Hopper Dredge Currituck Radio Call Letters: AEFR Home Port: Wilmington, North Carolina This vessel works in the shallow -draft ocean bar channels along the Atlantic Coast. However, in addition to removing dredged material from the channel, the CURRITUCK can transport the material to the downdrift beach and deposit it in the surf zone to nourish sand -starved beaches. Type: Seagoing, split -hull hopper dredge, steel construction, full diesel, with twin outboard propulsion units. Built: Barbour Boat Works, New Bern, North Carolina, 1974. Converted to Dredge: US Army Engineer Yard, Eagle Island, North Carolina, 1977 Vessel Characteristics and Specifications: Gross Tonnage 484tons Displacement, Light 175 long tons Displacement, Loaded 615 long tons Length, Overall 150'-0" Beam, Molded 30'-7" Draft, Light 3'4" Draft, Loaded 7'-6" Hopper Capacity 315 cubic yards Propulsion Equipment: Engines- 2 Detroit Diesels GM 12-V-71, 350 HP @ 1800 RPM Outboard Propelling Units- Holland Roerpropeller, Model HRP 350 Deckunit Speed, Loaded Approx: 8 MPH Speed, Light: 9.5 MPR Bunker Capacity: 3600 gal diesel fuel Cunituck - Page 4 Dredging Equipment: Primer mover- 2 ea GM 6V-71 Dredge Pumps- 2 ea HDM-32-12x10; 400 RPM -Dredge Master's direct coupled Drags- Brunswick County Type, fabricated at Eagle Island Yard Drag hoisting winches- Braden Series PD 12C Total Compliment: 11 men split into 2 crews Radio: Regency Polaris MT-5500 VHF, Programmable 20 channel scanner, 88 channels-20 scan and monitor all US, monitor 16 channels, scan 4 weather channels ICOM - VHF Marine Transceiver IC-M120 Raytheon - Ray 90 VHF -FM Radio Telephone ICOM - IC-M810 HF Marine Transceiver Audiovox Cellular Phone Radar: Furuno, FR 8100D Fathometer: Furuno FCV-667 Compass: Magnetic - C. Plath Gyro: Sperry SR130. with Repeator Loran: Furuno, LC 90 Rayplot 7001 Generator: 2 ea 45 KW GM 3-71, HP @ 1800, and 30 KW standby Launch: 16' aluminum work boat and 50 HP Johnson outboard Cueituck - Page 5 Sidecasting Dredge Fry Radio Call LettersAESY Home Port: Wilmington, North Carolina The FRY was converted to a sidecasting dredge in 1972 by the Philadelphia District. Prior to that time, the MERRITT had been assigned to maintain four inlet projects in New Jersey in addition to her schedule in North Carolina. The MERRITT S schedule was such that the Wilmington District was unable to keep up with the work and Wilmington assisted Philadelphia in constructing the dredge FRY. The FRY is identical to the MERRITT in all major respects. The FRY was transferred to Wilmington for operation in the sidecasting fleet in 1983. The FRY was staffed for two -shift operation and has permitted the sidecasting fleet to maintain the schedule and react to emergency needs. Vessel Characteristics and Specifications: Gross Tonnage 202 tons Displacement 354 long tons Length, Overall 104' - 2" Beam, Molded 30' - 0" Breath, with drags in work position 40' - 10" Depth, Molded 7' - 9" Draft 4' - 8" Draft, Loaded 5' - 11" Draghead & Hoppers 2 Brunswick Adjustable Drags 10"d Discharge Pipe 12"d, 80' in length, casts material 100' from centerline Propulsion Equipment: Main Engines- 2 each Detroit Diesel, Reduction Gear -Twin Disc; 3:1 12-cylinder, Total 700 HP @ 1850 RPM Propellers- 2 each, 4-blade, 36, 34 pitch Fry - Page 6 Pumping Equipment: Pumps, 2 each, 10" suctions, 10" discharges combine into 12" discharge Pump engines, 2 each, Detroit Diesel, 6V71, 230 HP @ 1850 RPM Sidecasting capacity, 10 cubic yards sand per minute Dredging Depth, 6' to 25' Auxiliary Power: Generators- 2-75KW each. Powered by Detroit Diesel 4-71 engines. Derrick: Speed: Bunker Capacity: Total Compliment: Radar: Crane capacity, 4.5-ton Electric -hydraulic operation 8.5 MPH (light), 7.5 MPH (loaded) 10,000 gal diesel oil 14 men (2 crews of men each) Furuno FR 8111 Radio: Motorola Micomix single side band Motorola VHF FM SYNTOR 136-174 Mhz MODOR TRITON UHF FM Channel 16, 6, 13, 21A, 22A, 23A, WEA KOM K-M56 VHF Marine Transceiver A.R.C. President 40-channel CB radio Fathometer: Raytheon Model, V820 Recorder and Datamarine International offshore digital Loran: Micrologic Model- ML-320 and Model Explorer 11 Loran C Compass: Danforth Constellation Loud Hailer: Raytheon 430 Gyro: Sperry MIC 27 Model Vertical Clearance from Waterline: 53' mast up, 39 mast down Launch: CON- Boston Whaler- 16'-6', 90 HP Evinrude Motor Fry - Page 7 Sidecasting Dredge Merritt Radio Call Letters:AEVZ Home Port: Wilmington, North Carolina Performs dredging work in numerous inlets along the South Atlantic Coast. is especially suited to maintenance of shallow, unstablized inlets where larger hopper dredges cannot operate due to strong currents and ocean environment. Often serves hopper and larger sidecasting dredges by constructing pilot channels across limiting shoals, widening channels into high bank areas, serving as fueling barge in emergencies. Type: Seagoing sidecasting dredge, steel construction, side drags, port and starboard, full diesel, twin screw, twin rudder. Built: US Navy Yard, Charleston, SC, in 1944 and designated YSD-59. Converted to Dredge: 1964 by Wilmington Shipyard, Inc., Wilmington, NC. Vessel Characteristics and Specifications: Gross Tonnage 195 long tons Displacement 342 long tons Length, Overall 104'-0" Beam, Molded 30'-0" Width, Overall Over Drag Elbow 35'-0" Depth, Molded 7'-9" Draft, Bow 4'-8" Draft, Stern 5'-6" Hoppers None Drags 2 Brunswick Adjustable Discharge 12"d, 80' centerline of ship plus 10' extension- cast material 100 feet from centerline. Propulsion Equipment: Main Engines- 2 ea. GM 12V71, 350 HP ea Total 700 HP @ 1850 RPM Reduction Gear- 3:1, Twin Disc, MG 514 Propellers- 2 ea, 3-blade, 3'-6"d, 2'-8" pitch Merritt - Page 8 Pumping Equipment: Pumps, Morris, two each, 10" suctions, 10" discharges combine into 12" discharge Runner, 34", 3-vane RPM, 500 Pump engine, 1 GM, 12V71, 340 HP @ 1800 RPM, Chain drive (3.66: 1) Sidecasting capacity, 300 to 450 cy/hr Dredging depth, 6' to 25' A.C. Generators: 2 AC 90 KW-4-71 Derrick: Driven by electric hydraulic pump, approximately 6-ton lifting capacity at typical operating boom angle Potable Water tank: 4000 gal capacity Speed: 7.5 MPH Bunker Capacity: 10,000 gal diesel Cruising Radius: 1,200 miles Total Crew: 7-Single Shift Operation NOTE: Quarters are fully air conditioned accomodations for 8 men including 2 officers, galley, no recreation room, TV installed for use after hours. No visitor quarters available. Loran: North Star GPS-Loran 800 Radio: CAI SSB 5400 Khz Regency Polaris MT5500XL Fathometer: ICOM M-120, Gradurte 301, International Offshore- Furuno-FCV-667 Compass: Sperry Gyro Vertical Clearance from Waterline: 46' Launch: 17' Fiberglass-1987 Boston Whaler, 90hp Evinrude, COB Aluminum Skiff: 16, COB Radar: Furuno FR 8111 Merritt - PV9 9 Sidecasting Dredge Schweizer Radio Call Letters:AEWS Home Port: Wilmington, North Carolina Performs dredging work in numerous ocean inlets along the Atlantic Coast from Florida to New England. This vessel is especially suited to maintenance of the shallow, unstablized inlets where shallow channels prohibit operation of the larger hopper dredges. Type: Seagoing sidecasting dredge,steel construction, side drags, port and starboard, full diesel, twin screw and twin rudder. Built: 1946 by Missouri Valley Bridge Company and originally designated Navy YF-865. Converted to Dredge: 1966 by Boland Machine and Manufacturing Company from Navy YF-865. Vessel Characteristics and Specifications: Gross Tonnage 361 long tons Displacement 550 long tons Length of Hull 133'-7" Length, Overall Including Discharge Pipe 188'-6" Beam, Molded 30'-0" Width, Overall Over Drag Elbow 38'-0" Draft, Bow 7'-9" Draft, Stern 9'-0. Hoppers None Drags 2 Brunswick type Discharge Pipe 12"d, 99' long. Casts material 80' Propulsion Equipment: Main Engines: Reduction Gear: Propellers: from side of vessel 2 ea GM-16-V-149, 9O0HP @ 1800RPM, total 1800HP Twin disc gears MG 540; 4.6 to 1 60" dia X 66" pitch, stainless steel, 4-blade Schweizer -Page 10 Pumping Equipment: Pumps- (2) 12" Thomas Simplicity Dredge Pumps RPM- 450 Pump engines- 2 Detroit Diesels, 12V71, 350 HP @ 1800 RPM Sidecasting capacity- 650 cy/hr Dredging depth- 9' to 20' Speed: Bunker Capacity: @SPACE _ Total Crew: )Q0 8,600 gal 3 Officers, 4 men Radio: Motorola Micomix, SSB, 2300 Khz, 2326, 2350, 4090, 5400, 5437.5, 6785, 6790 Motorola VHF FM Maritime Channels 6, 8, 9, 10, 12, 13, 14, 26 Motorola VHF FM Channels 18A, 68, 70, 24,28, 21A, 22A, 23A, 81A, WX7, WX3 Regency Polaris 5500XL VHF FM Radar: Furuno FCR 1411 Fathometer: Standard: DST Slant Bar 21 with Bronze Transducer Compass: Sperry Gyro SR/30 Vertical Clearance from Waterline: 43' Launch: 17' fiberglass, 1987 Boston Whaler, 90 hp, Evinrude, COB AC Generators: 2 ea 100 KW GM 6-71-175 HP @ 1800 RPM Emergency AC Generator: 1 ea 45 KW GM-3-71-HP @ 1800 RPM sch"&i -Page J J Wilmington District Engineer Yard Located west side of the Cape Fear River, two miles downstream from Wilmington on Eagle Island, North Carolina, this facility is a repair yard and a storage area serving equipment on two multi -purpose flood control projects, two low flow water storage - flood control reservoirs, three locks and dams, highway bridges, and all the floating plant owned by the District. The site contains 3.3 acres with 7 buildings and a wharf. The area is enclosed by a 6' high chain link fence with a security gate at the entrance. Each building is secured by door locks. The yard is under the supervision and direction of the Operations Branch, Construction -Operations Division. The permanent work force at this facility consists of a superintendent and generally five additional full-time employees. Two four -man survey parties, the survey boat GILLETTE and several small survey boats are also based at the yard. The yard is equipped with a carpenter shop and well equipped machine/welding shop, a warehouse, and an equipment shelter. Two docks and a steel bulkhead afford vessel berthing facilities. Considerable welding and mechanical work is done at the yard on dredging equipment for the SNELL, FRY, MERRITT, SCHWEIZER, and CURRITUCK and on machinery and fixtures for the flood control projects, locks, dams, bridges, and vessels. EngineerYard - Page 12 Hull Material: Length, Overall: Beam, Overall: Displacement: Draft: Highest Fixed Point: Speed: Propulsion Engines: Main Engine Horsepower Propeller Drive Auxiliary Power: Bunker capacity: Crew: Radio: Surveyboat Wanchese Vessel Characteristics and Specifications Aluminum 25'-0" 8'-0" 2.6 tons (light), 3.2 ton (loaded) 8,-0n 31 MPH (light), 30 MPH (loaded) 1 ea. 6 BT 5.9 Cummings 210 @ 2600 RPM's 1 ea. 19" dia., 3-blade, 20 pitch Nibral cupped 1 ea. Marine Drive 1 each Kohler diesel generator 12 KW 2 each @ 40 gal 2-3 Motorola Micor VHF FM 163.4125 Mhz and 163.4375 Mhz District Radio Regency 5500 XL VHF FM Channels 6,9,13,16,22A,24,26,28,WX1 Survey Equipment: Entron Pentium PC Hypack surveying/navigation software NovAtel GPS system Trimble Navbeacon system Innerspace Technology thermal depth sounder model 448 TSS heave compensation system Waxhese - Page 13 Surveyboat Beaufort Vessel Characteristics and Specifications Material of Hull: Aluminum Length, Overall: 47' 6" Beam, Overall: 15' Displacement: 14.3 long tons, light, 17.4 long tons, loaded Vertical Clearance Required: 16'-6" Draft, Normal Loaded, Forward: 2'-6" Draft, Normal Loaded, Aft: 4'-6" Speed: 26 Knots Propulsion Engine: 2 GM Diesel 8-V92 TI, 570 HP each at 2300 Bunker Capacity: 800 gal diesel fuel Cruising Radius: 500 miles Crew: 2 Propellers: Two 4-blade, 26" diameter, 25" pitch Nibral Survey Equipment: Entron Pentium PC Hypack surveying/navigation software Trimble Navigation GPS system Trimble Navbeacon System Innerspace Technology thermal depth sounder model 448 TSS heave compensation system Radar: Furuno 805D, Marine Radar Radio Equipment: Motorola SYNTOR VHF FM District Communications Northstar 800 Loran C Regency Polaris MT 5500 XL VHF Beaufort - Page 14 ATTACHMENT B REPORT OF OPERATIONS FOR CURRITUCK New River Inlet Nov 30 - Jan 30, 1996 Carolina Beach Jan 31 - Feb 5, 1996 Eagle Island Feb 6 - 27, 1996 Carolina Beach Feb 28 - Mar 14, 1996 Barnegat Inlet Mar 15 - Apr 12, 1996 Manasquan Inlet Apr 13 - Apr 22,1996 Barnegat Inlet Apr 23 - 28, 1996 Green Harbor Apr 29 - May 30, 1996 Block Island May 31 - Jun 7, 1996 Sesuit Harbor Jun 8 - 21, 1996 Barnegat Inlet Jun 22 - Aug 14, 1996 New River Inlet Aug 15 - 26,1996 Staten Island Aug 27 - Sep 30, 1996 Mays Shipyard Oct 1 - 31, 1996 Barnegat Inlet Nov 1 - Dec 4, 1996 Carolina Beach Dec 5 - Dec 13, 1996 Eagle Island Dec 14 - Dec 20, 1996 Lockwoods Folly Dec 21 -Jan 19, 1997 Eagle Island Jan 20 - 27, 1997 New River Inlet Jan 28 - 31, 1997 Eagle Island Feb 1 - 5, 1997 Cape May Feb 6 -10, 1997 Barnegat Inlet Feb 11 - 26,1997 Jones Creek Feb 27 - Mar 24, 1997 Barnegat Inlet Mar 25 -Apr 26,1997 Cuttyhunk, Ma Apr 27 - May 6,1997 Woodhole, Me 7-May-97 Green Harbor May 8 -Jun 6, 1997 Barnegat Inlet Jun 7 -Jul 20, 1997 Topsail Inlet IJul 21 -Aug 17,1997 Drum Inlet lAug 18 - 30, 1997 Lockwoods Folly ;Aug 31 - Sep 15, 1997 Carolina Beach ISep 16 - 30, 1997 Carolina Beach Oct 1 -11, 1997 Eagle Island ;Oct 12 -15, 1997 Barnegat Inlet j Oct 28 - Nov 29, 1997 Sennett's Creek Nov 30 - Dec 12, 1997 Rudee Inlet Dec 13 -18, 1997 Drum Inlet Dec 19 -Jan 18,1998 Lockwood's Folly Jan 19 - Feb 2, 1998 Carolina Beach Feb 3 .15, 1998 Engineer Yard Feb 16 - Mar 5,1998 Rudee Inlet Mar 6 -14, 1998 Manasquan Inlet Mar 15 -Apr 1, 1998 Barnegat Inlet ;Apr 2 - 27, 1998 Repairs at Manasquan f 28-Apr-98j Green Harbor 'Apr 29 - May 23, 1998 MERRITT it REPORT OF OPERATIONS FOR MERRITT LOCATION DATE Eagle Island Oct 1-10,1996 New River inlet Oct 10 - Nov 15,1996 Bogue Inlet Nov 16 - 24, 1996 Norshipco Nov 25 - Jan 5,1997 Eagle Island Jan 6 -14, 1997 Carolina Beach Jan 15 - Mar 11, 1997 I Lockwoods Folly Mar 12 - Apr 7, 1997 Topsail Inlet Apr 8 - 21, 1997 New River Inlet Apr 22 - May 28, 1997 Carolina Beach May 29 - Jun 16, 1997 New River Inlet Jun 17 -Jul 7, 1997 New Topsail Inlet Jul 8 - 9, 1997 Eagle Island Jul 10 - 20, 1997 Bogue Inlet Jul 21 -Sep 7,1997 New Topsail Inlet Sep 8 - 30, 1997 New Topsail Inlet Oct 1 - 27, 1997 Eagle Island Oct 28 - Nov 2, 1997 Bogue Inlet Nov 3 -16, 1997 Drum Inlet Nov 17 - Dec 9, 1997 New Topsail Inlet Dec 10 -16, 1997 Carolina Beach Dec 17 -Jan 16, 1998 Oregon Inlet Jan 17 - Feb 25, 1998 Bogus Inlet Feb 26 - Mar 14, 1998 Carolina Beach Mar 15 - Apr 16, 1998 i New River Inlet ! Apr 17 - May 11, 1998 Page 2 FRY REPORT OF OPERATIONS FOR FRY LOCATION DATE LOCATION DATE Topsail Inlet Dec 28 - Jan 4, 1996 New River Inlet IDec 28 - Jan 24, 1997 Bogue Inlet Jan 5 - Feb 1, 1996 Engineer Yard Jan 25 - Feb 12,1997 Lockwoods Folly Feb 2 - Mar 6, 1996 New River Inlet Feb 13 - Mar 19,1997 Topsail Inlet Mar 6 - 25, 1996 Drum Inlet Mar 20 -Apr 30,1997 New River Inlet Mar 26 - Apr 9, 1996 ICarolina Beach May 1 - 4, 1997 Lockwoods Folly Apr 10 - 24, 1996 Engineer Yard May 5 -15, 1997 New River Inlet Apr 25 - May 7, 1996 Braswell Shipyard May 16 -Jun 5, 1997 Eagle Island . May 8-10,1996 Folly Beach, SC Jun 6 - Jul 9, 1997 Carolina Beach May 11 -Jun 2, 1996 Town Creek, SC Jul 10 - Sep 3, 1997 Lockwoods Folly jJun 3-14,1996 Carolina Beach Sep 4-10,1997 Folly Beach, SC Jun 15 - Jul 9, 1996 New River Inlet Sep 11 - 30, 1997 Lockwoods Folly Jul 10 -Jul 18,1996 New River Inlet Oct 1 - 8, 1997 Bogue Inlet Jul 19 - 31, 1996 Lockwoods Folly Oct 9 -19, 1997 Eagle Island Aug 1-14,1996 Eagle Island Oct 20 - 24, 1997 New Topsail Inlet Aug 15 - 29, 1996 New River Inlet Oct 25 - Nov 16, 1997 Carolina Beach Aug 30 - Sep 6, 1996 Bogue Inlet Nov 17 - Dec 14, 1997 Eagle Island Sep 7 - 10, 1996 Engineer Yard Dec 15 - 20,1997 Lockwoods Folly Sep 11 - 23,1996 New River Inlet Dec 21 - 28, 1997 Carolina Beach Sep 24 - 27, 1996 Eagle Island Dec 29 - Jan 1, 1998 New River Inlet Sep 28 .30, 1996 New River Inlet Jan 2 - 5, 1998 New River Inlet Oct 1 - 30, 1996 New Topsail Inlet Jan 6 - Feb 2, 1998 Bogue Inlet Oct 31 -Nov 13,1996 Cape May Inlet Mar 12 -31, 1998 Carolina Beach Nov 14 - 23, 1996 Eagle Island Apr 1 - 8, 1998 Engineer Yard Nov 24 - 28,1996 Topsail Island jApr 9 - 20, 1998 Masonboro Inlet Nov 29 - Dec 5,1996 Engineer Yard Apr 21 - 22, 1998 Bogue Inlet I Dec 6 - 27, 1996 Clark Creek jApr 23 - May 20, 1998 Page 4 SCHWEIZER REPORT OF OPERATIONS FOR SCHWEIZER LOCATION DATE Oregon Inlet Oct 1 - Mar 13, 1996 Cape May Mar 14 - 25, 1996 Oregon Inlet Mar 26 - May 1,1996 Bulls Bay May 2 - Jun 24,1996 Eagle Island Jun 25 -Sep 9, 1996 Oregon Inlet Sep 10 - 25,1996 Oregon Inlet Sep 26 - 30,1996 Oregon Inlet Oct 1 -Mar 2,1997 Cape May Mar 3 -19, 1997 Eagle Island Mar 20 - Apr 14, 1997 Oregon Inlet Apr 15 -Jun 9,1997 McClellanville, SC Jun 10 -17, 1997 Eagle Island 18Jun-97 Oregon Inlet Jun 19 - Sep 30,1997 Oregon Inlet Oct 1 -Dec 15,1997 Page 5 ATTACHMENT C SUMMARY OF SEA TURTLE STRANDINGS REPORTED DURING COASTAL INLET DREDGING OPERATIONS IN NORTH CAROLINA: 1994 - 1997 This report summarizes all sea turtle strandings reported during inlet dredging operations from 1994 - 1997. It should be noted that 1997 dredging dates and locations are not complete because exact starting and ending dates were not specified in the dredge schedule supplied by the USACOE's Wilmington District. Additionally, it appears that emergency dredging operations were not included in the schedule (i.e., Drum Inlet, August 1997). All strandings reported in the area extending from the center of the inlets to three miles north, three miles south, and three miles inland (hereinafter referred to as the search area) are included in the summary. The search area for inlets bordered by beaches with an east -west orientation extends three miles east, three miles west, and three miles north (inland) from the center of the inlet. Listed below are the inlets and the range of coordinates that form their respective search area. Oregon Inlet: Drum Inlet: Hogue Inlet: New River Inlet: New Topsail Inlet: Masonboro Inlet: Carolina Beach Inlet: Lockwood Folly Inlet: 350 45.0' - 350 49.1' N 750 30.2' - 750 35.0' W 340 49.2' - 340 53.0' N 760 16.5' - 760 22.0' W 340 37.9' - 340 41.2' N 770 09.5' - 770 04.0' W 340 30.7' - 340 34.4' N 770 17.9' - 770 22.9' W 340 19.0' - 340 22.5' N 770 37.3' - 770 41.6' W 340 08.9' - 340 13.5' N 770 47.0' - 770 51.6' W 340 02.7' - 340 07.2' N 770 51.0' - 770 56.7' W 330 54.6' - 330 57.0' N 780 11.1' - 780 17.5' W Listed below are the inlets for which no strandings were reported in the search area. Dredging periods are included for verification by the USACOE. Bogue Inlet: No strandings were reported during the following dredging periods: 07/28/95 - 07/31/95 O1/05/96 - 01/31/96 07/09/96 - 08/31/96 New River Inlet: 11/01/96 - 11/30/96 02/15/97 - 02/28/97 07/31/97 - 07/31/97 No strandings were reported during the following dredging periods: 10/01/94 - 10/11/94 12/01/94 - 12/31/94 08/01/95 - 08/31/95 10/01/95 - 10/31/95 12/08/95 - 01/15/96 Masonboro Inlet: 10/01/96 - 10/31/96 02/01/97 - 02/15/97 06/01/97 - 06/30/97 08/01197 - 08/31/97 No strandings were reported during the following dredging period: 12/01/96 - 12/31/96 Carolina Beach: No strandings were reported during the following dredging periods: 11/01/94 - 11/27/94 12/01/94 - 12/31/94 04/01/95 - 04/10/95 08/01/95 - 08/31/95 09/01/95 - 09/06/95 10/01/95 - 10/22/95 03/01/96 - 03/14/96 05/01/96 - 05/31/96 07/10/96 - 07/31/96 09/01/96 - 09/30/96 O1/01/97 - 02/28/97 Definitions of variables and cell values found in the tables below: Dredge Period - span of time a dredging operation took place. Strn. Date - stranding date. Lat. - latitude (stranding location). Long. - longitude (stranding location). Cond. - condition of turtle carcass. Cause - probable cause of turtle stranding. Cells with n/a indicate that no strandings were reported during the respective dredging period. CCL (found under "Carapace Measurements") - curved carapace length. CCW (found under "Carapace Measurements") - curved carapace width. Table 1. Sea Turtle strandings reported during dredging operations in Oregon Inlet, North Carolina, 1994 - 1997. DREDGE STRN. CARAPACE PERIOD DATE SPECIES LAT. LONG. COND. CAUSE & COMMENTS MEASUREMENTS 10/01/94 - CCL: 37.0 in. 04/30/95 11/15/94 Loggerhead 35048.0' 75032.5' Fresh Unknown without injury. CCW: 34.0 in. 06/01/95 - Carapace measurements 07/22/95 06/01/95 Loggerhead 35049.1' 75033. I' Fresh Unknown without injury. were taken incorrectly. 06/01/95 - Severely Unknown - a rope with a heavy wooden crate was tied CCL: 43.0 in. 07/22/95 06/30/95 Loggerhead 35045.8' 75°30.8' decomposed to one of its rear flippers. CCW: 39.0in. 06/01/95 - Moderately Boat propeller lacerations penetrated carapace; viscera CCL: 62.0 in. 07/22/95 07/11/95 Leatherback 35045.5' 75030.6' decomposed exposed. CCW: 47.0 in. 10/01/95 - 02/29/95 n/a I n/a n/a n/a Na n/a n/a 04/01/96 - 04/30/96 n/a n/a n/a n/a n/a n/a Na 10/01/96 - Unknown without injury; trawling activity in CCL: 24.2 in. 02/28/97 11/17/96 Loggerhead 35048.3' 75032.8' Fresh nearshorewaters. CCW: 22.7in. 03/15/97 - Moderately Did not obtain CCL 09/30/97 05/22/97 Loggerhead 35046.7' 75034.7' decomposed Unknown without injury, CCW: 25.0 in. 03/15/97 - Severely Unknown with injury; head and right rear flipper CCL: 38.0 cm 09/30/97 (16/25/97 Loggerhead 35°46.2' 75°32.2' decomposed missing. CCW: 50.5 cm 03/15/97 - Severely Unknown with injury; head and all four flippers CCL: 24.5 in. 09/30/97 07/06/97 1 Loggerhead 35046.8' 75032.2' decomposed I missing. I CCW: 24.0 in. Table 2. Sea Turtle strandings reported during dredging operations in Drum Inlet, North Carolina, 1997. DREDGE STRN. CARAPACE PERIOD DATE SPECIES LAT. LONG. COND. CAUSE & COMMENTS MEASUREMENTS 03/01/97 - Moderately Unknown without injury; old. healed wound on right CCL: 27.2 in. 03/31/97 03/21/97 Loggerhead 34053.0' 76016.6' decomposed side of carapace. CCW: 26.5in. 03/01/97 - Dried Only carapace and plastron present; found in an area CCL: 26.0 in. 03/31/97 03/28/97 Loggerhead 34051.7' 76018.5' carcass rarely patrolled. CCW: "25.0 in. Table 2. Sea Turtle strandings reported during dredging operations In Drum Inlet, North Carolina, 1997 - January 1998. D.nDGE . STRN. PERIOD DATE SPECIES LAT. LONG. COND. CAUSE & COMMENTS CARAPACE MEASUREMENTS 03/20/97 - 04/30/97 03/21/97 Loggerhead Modornlely Unknown without Injury; old, healed wound on right CCL: 27.2 In, 34053.00 76016,6' decomposed side of carapace. CCW: 26.51n. 03R0/97 - 04/30/97 03/28/07 Loggerhead 34051.7' Dried Only carapace and plastron present; found In an area CCL: 26.0 in. 0 7 - 76018.5' carcass rarely strolled. CCW: 25,0 in. 0 4/30/ 04/10(97 erllead 34050,7' 76019.4 Severely decom decomposed No visible wounds. CCL: 23.5 in. CCW: 22.5In. /18197/ OB/lR/97 - 08/30/97 Nn Na Nn Nn. No Nn Na 11/17/97 - 12/09/97 11/22/97 Kenp's Moderately Missing most of 1he loft front Hipper, tear in Ihront CCL: 26,5 cm 11/17/97 - ridley 34052.7' 76017.0' decom osed (prob, scavengers); shrimp & crab arts In GI (me(. CCW: 26.0 cm, 12/09/97 12/03/97 Logged cad 34051.7' 76018.3' Maderalely deco d 3 cm hole In left aide of pack. CCL: 52.0 cat CCW: 49.0 cm 11/17/97 - 12/09/97 12/05197 Loggerhead 34050,0' 76020,1' Moderately deans osed Small (tole In loft side of neck. CCL: 68,0 en CCW: 65.5 an 12/19/97 - 01/108 Na Na I n/n Na I Din Na n/a 1i 'A Table 3. Sea Turtle strandings reported during dredging operations in New Topsail Inlet, North Carolina, 1995 - 1997. DREDGE STRN. CARAPACE PERIOD DATE SPECIES LAT. LONG. COND. CAUSE & COMMENTS MEASUREMENTS 03/Ol/95 - 03/31/95 n/a n/a n/a n/a n/a n/a Na l2/06/95 - 12/31/95 n/a n/a n/a n/a n/a n/a n/a 03/09/96 - 03/31/96 n/a n/a Na n/a n/a n/a n/a 08/15/96 - 08/31/96 n/a n/a n/a n/a n/a n/a n/a 03/01/97 - Severely" Carcass was buried before it was checked by a No meas. obtained; est. CCL: 04/31/97 04/16/97 Loggerhead 34021.2' 77038.8' decomposed stranding network participant. 22.0 in.. est. CCW: 17.5 in. O8/01/97 - 09/30/97 n/a n/a n/a n/a I n/a I n/a n/a Table 4. Sea Turtle strandings reported during dredging operations in Lockwood Folly Inlet, North Carolina, 1994 - 1997. DREDGE STRN. PERIOD l0/01 /94 - DATE I SPECIES LAT. LONG. I COND. CAUSE & COMMENTS CARAPACE MEASUREMENTS 10/14/94 Ol/Ol/95 - Na n/a n/a n/a Na n/a Na 02/29/95 09/01/95 - n/a n/a n/a n/a n/a n/a n/a 09/30/95 02/02/96 - n/a n/a n/a n/a n/a n/a Na 03/08/96 04 /30/9 - 04/30/96 09/01/96 . 09/30/96 09/01/96 - 09/30/96 12/Ol/96 - n/a 04/25/96 09/03196 09/27/96 n/a n/a Loggerhead 33°54.7' Green 33054.6' Kemp's ridl ey 33°54.6' n/a 78°11.9' 78015.0' 78°15.8' n/a n/a Unknown with injurv: small hole on left side of neck, Fresh right side of neck bruised: blood oozed from nose. Severely Two severe propeller cuts in right rear quadrant of decomposed carapace that also penetrated the plastmh• Moderately decomposed Unknown without injury. n/a CCL: 64.3 cm. CCW: 62.2 cm. CCL: I2.0 in. CCW: 10.0 in. CCL: 15.0 in. CCW: 15.0 in. 01/31/97 03/Ol/97 - n/a Na n/a n/a n/a n/a n/a n/a 03/31/97 09/01/97 - n/a Na n/a n/a n/a n/a 09/30/97 09/07/97 Loggerhead 33054.7' 78012.0' Fresh Unknown without in u injury- CCL: 53.0 cm. CCW dR n rm ATTACHMENT D Figure 1. Test sea turtle, Chelonia mydas, prior to initiation of tests. Figure 2. Same turtle as in Figure 1, after completion of all tests. Figure 3. Draghead of sidecast dredge Fry. Overall, draghead is 24"X24", individual ports are 5.5 inch square and 5.5" by 8". Intake pipe is 10" diameter. Figure 4. Close-up of same draghead as in Figure 3. DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: The Town of Emerald Isle clo Frank Rush Jr. COUNTY: Carteret PROJECT NAME: SDI-5 Bogue Inlet LOCATION OF PROJECT: Bogue Inlet and the connecting channel to the AIWW DATE APPLICATION RECEIVED COMPLETE BY FIELD: 5-12-15 FIELD RECOMMENDATION: Attached: YES CONSISTENCY DETERMINATION: Attached: n/a FIELD REPRESENTATIVE: Macpherson n /� i DISTRICT MANAGER REVIEW: J� .9 �— B) DATE RECEIVED BY MAJOR PERMITS UNIT: PUBLIC NOTICE REC'D: 5-22-15 ADJ. RIP. PROP NOTICES REC'D: APPLICATION ASSIGNED TO: C) 75 DAY DEADLINE: 01 MAIL OUT DATE: 5-19-15 FEDERAL DUE DATE: To Be Forwarded: n/a To Be Forwarded: n/a DISTRICT OFFICE: WILMINGTON FEE REC D: $ END OF NOTICE DATE: 6-12-15 DEED REC' : ON: Z/1 150 DAY DEADLINE: STATE DUE DATE: 6-12-15 FED COMMENTS RECD: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative Coastal Management - LUP Consistency Division of Community Assistance Land Quality Section (DEMLR) (o \ S j f >I Fug IwTF FISt'V,nud G tS Division of Water Resources (401) k a (qQ $ 1&(2_4 Storm Water Management (DEMLR) State Property Office 11 IS Division of Archives & History Division of Environmental Health _sue (On4Ah0A Division of Highways LI (1 I S Wildlife Resources Commission Local Permit Office Division of Marine Fisheries / DCM Corps of Engineers (0M1J-z.44 Y _ L Recommendations for State Permit — Town of Emerald Isle SDI-5-Bogue Inlet The proposed maintenance excavation and beach nourishment activities appear to be CONSISTENT with 15 NCAC 07H.0208 (b)(1)(2) & (8)and 07H.0312(1)(2)(3) and (4). This office has no objection to the proposed work should it be determined to be consistent with federal navigation maintenance dredging templates. Should a permit be issued, it should require that the project be undertaken in accordance with all other state and federal permitting requirements, and include the following conditions: In order to protect threatened and endangered species and to minimize adverse impacts to offshore, nearshore, intertidal and beach resources, no excavation or beach nourishment activities, including mobilization and demobilization, shall occur from April 1 to November 15 of any year without the prior approval of the Division of Coastal Management in consultation with the North Carolina Wildlife Resources Commission and the US Army Corps of Engineers. Excavation Prior to the initiation of any permitted activities the permittee and/or his or her contractor shall schedule a pre -construction meeting with a Division of Coastal Management representative in consultation with the NC Wildlife Resources Commission to inspect the dredge pipeline placed along the beach area. 3. Excavation shall not exceed approved depths and widths, with a -2.0' overcut. 4. No vegetated wetlands/marsh grass will be excavated or filled. 5. The temporary placement or double -handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 6. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Resources at (919) 733-5083, Ext. 526 or (800) 662-7952 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. The placement of dredged materials along a swimming beach has the potential to cause a localized increase in bacteria concentrations within the waters surrounding the project. Potential issues can be avoided by scheduling these types of projects between November 15t" and March 3151 of a given year. NOTE: The permittee's contractor is advised to contact the U.S. Coast Guard at (910) 815-4895, ext. 108 to discuss operations and appropriate lighting, markers, etc. for all dredge equipment. SAND DEPOSITION — BENEFICIAL PLACEMENT Prior to the initiation of beneficial placement activity along each section of beach, the existing mean high water line shall be surveyed and a copy provided to the Division of Coastal Management. NOTE: The permittee is advised that the State of North Carolina claims title to most currently submerged lands and future lands are raised above the Mean High Water level as a result of this project. RFCFVFC 9. Prior to the initiation of beach nourishment activity above the mean high water contour line WhWiitl0ft limits of the permittee's jurisdiction, easements or similar legal instruments shall be obtainedArQm,,a1J,, affected property owners. Continued Recommended Permit Conditions on Next Page 10. Temporary dikes shall be used to retain and direct flow of material parallel to the shoreline to minimize surf zone turbidities. The temporary dikes shall be removed and the beach graded in accordance with approved profiles upon completion of pumping activities in that particular section of beach. 11. The seaward nourishment limit shall be constructed in accordance with approved plans for each event. 12. All sand placed on the beach shall be beach compatible with existing grain size and type. Should the dredging operator encounter sand deemed non -compatible with 15A NCAC 07H .0312 (Technical Standards for Beach Fill Projects), outside of the areas of known non -compatible material, the dredge operator shall immediately cease operation and contact the Division of Coastal Management. Dredge operations shall resume only after resolution of the issue of sand compatibility. 13. During and after construction activities, a uniform, gradual slope will be maintained between the mean high water and mean low water elevation contours so as not to endanger the public or interfere with the public's use of the beach. 14. In order to prevent leakage, dredge pipes shall be routinely inspected. If leakage is found and repairs cannot be made immediately, pumping of material shall stop until such leaks are fixed. 15. Once a section is complete, piping and heavy equipment shall be removed or shifted to a new section and the area graded and dressed to final approved slopes. 16. Land -based equipment necessary for beneficial placement work shall be brought to the site through existing accesses. Should the work result in any damage to existing accesses, the accesses shall be restored to pre -project conditions immediately upon project completion in that specific area. NOTE: The permittee is advised that any new access sites would require a modification of this permit. 17. The activity shall not significantly increase erosion on neighboring properties and shall not have a significant adverse effect on important natural or cultural resources. 18. Where oceanfront development exists at elevations nearly equal to that of the native beach, a low protective dune shall be pushed up along the backbeach to prevent slurry from draining towards the development. 19. Dune disturbance shall be kept to a minimum. Any alteration of existing dunes shall be coordinated with the Division of Coastal Management as well as the appropriate property owner(s). All disturbed areas shall be restored to original contours and configuration with reference to the surveyed normal high water line and shall be vegetated immediately following project completion in that section of beach. 20. This permit does not grant any property rights or exclusive privileges. 21. The first line of stable natural vegetation (where it exists) is not to be filled or disturbed. The applicant may request that this line be staked in the field by a representative of the Division of Coastal Management. 23. The appropriate nourished areas shall be planted with a suitable beach grass and fertilized after completion of berm construction. 24. Any changes in the development plans will require a modification of this permit. 25. Development carried out under this permit shall be consistent with all local requirements, AEC Guidelines and local land use plans current at the time of authorization. RECENED Continued Recommended Permit Conditions on Next Page MAY 2 B P0b µ M-Awmy buu 26. This permit does not eliminate the need to obtain any other required state, local, or federal authorizations. 27. The activities shall not exceed the lateral bounds of the project as shown on the application drawings. 28. All appropriate conditions for biological resources moratoria are included as conditions of the permit. 29. Prior to commencement of work, all applicable easements shall be obtained and copies shall be provided to the Division of Coastal Management's Wilmington Regional Office. FILL ACTIVITIES AT DISPOSAL SITE DA-0060 30. All unconsolidated material resulting from associated grading and dredge spoil placement shall be retained on site by effective sedimentation and erosion control measures. Prior to any land -disturbing activities, a barrier line of filter cloth must be installed between the land disturbing activity and the adjacent marsh or water areas, until such time as the area has been properly stabilized with a vegetative cover. 31. All excavated material shall be confined above normal high water and landward of regularly or irregularly flooded march behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. 32. The disposal area effluent shall be contained by pipe, trough, or similar device to a point at or beyond the normal water level to prevent gully erosion and siltation. 33. The terminal end of the pipeline shall be positioned at or greater than 50 feet from any part of the dike and a maximum distance from spillways to allow settlement of suspended sediments. 34. A water control structure shall be installed at the intake end of the effluent pipe to assure compliance with water quality standards. 35. The diked disposal area shall be constructed a sufficient distance from the normal high water line or any march to eliminate the possibility of dike erosion into surrounding wetlands or waters. 36. The spoil area shall be inspected and approved prior to beginning work by a DCM Representative prior to the beginning of any dredge activities. 37. In order to protect water quality, runoff from the construction must not visibly increase the amount of suspended sediments in adjacent waters. General 38. 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. 39. The permittee and contractor shall schedule a pre -construction conference with the Division of Coastal Management and the US Army Corps of Engineers prior to the initiation of any activities authorized by this permit. 40. No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work following project completion. 41. The permittee and contractor shall provide for proper storage and handling of all oils, chemicals, RECEIVED hydraulic fluids, etc. necessary to carry out the project. MAY 2 610b Continued Recommended Permit Conditions on Next Page F+�sw+wrldEtW 42. No sand shall be placed on any sand bags that have been determined by the Division of Coastal Management to be subject to removal under 15A NCAC 07H .0308(a)(2). In order to ensure compliance with this condition, the Division of Coastal Management shall be contacted at (910 796- 7425 prior to project initiation so that Division staff may meet on site with the permittee and/or contractor. NOTE: Individual maintenance navigation events may require additional authorization. The permittee shall contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for a determination. MAY 2 6 2015 Pat McCrory Governor MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: NCDENR North Carolina Department of Environment and Natural Resource Donald R. van der Vaart Secretary May 19, 2015 ,U. Uear.,t— LuP Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) CAMA I D&F Permit Application Review Town of Emerald Isle Bogue Inlet and the connecting channel to the AIWW Proposed Project: to continue federal navigation maintenance dredging, with disposal areas along the Emerald Isle oceanfront, in Carteret County. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by June 12, 2015. If you have any questions regarding the proposed project, contact Tara MacPherson at (910)796-7425 when appropriate, in depth comments with supporting data is requested. The complete application submittal can be viewed at: ftp://www.obp-.com User name:NCDNR52139 Password: Nc52dNrl39 REPLY: This agency has no objection to the project as proposed. XThis agency has no comment on the proposed project. RECEIVED MAY 8 6 205 This agency approves of the project only if the recommended changesL1t-M-lWFW r++ are incorporated. See attached. This agency objects to the project for reasons//`�� described in the attached comments. YM.SIGNED �U�t VDATE I U(, t N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-3953%4Internet: www.ncooastaimanaQement.net An Equal Opportunity 1 Alfirmafive Action Employer Pat McCrory Governor T� . NC ENR North Carolina Department of Environment and Natural Resource Donald R. van der Vaart Secretary MEMORANDUM: May 19, 2015+ )rAAl TO: Dan Sams By_ District Manager DEMLR - WiRO FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA I D&F Permit Application Review Applicant: Town of Emerald Isle Project Location: Bogue Inlet and the connecting channel to the AIWW Proposed Project: to continue federal navigation maintenance dredging, with disposal areas along the Emerald Isle oceanfront, in Carteret County. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by June 1Z 2015. If you have any questions regarding the proposed project, contact Tara MacPherson at (910)796-7425 when appropriate, in depth comments with supporting data is requested. The complete application submittal can be viewed at: ftp://www.obg.com User name:NCDNR52139 Password- Nc52dNrl39 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. ,AcTv;T,, T-kAT lAtcci F-pcE LAabLZAeD, ,y Toe LJOE of VaZTFTrcZ� AZ�E1'-C_U�j 004E ALRE M03'( Ar?PKi -r,—b TH2 ,)4P4 E)&5161' a 3EDme,6r A]YrJeD This agency objects to the project for reasons described in the attached comments. RECEIVED SIGNED DATE M9�ZZ ZoiS JUN Oi 1016 N.C. Division of coastal Management 127 Cardinal Ddve Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www nccoastaiman�ement netnet An Equal OW(unity 1 Afimgt6ve Acton ErtploW r Pat McCrory Governor ATA NCDENR North Carolina Department of Environment and Natural Resources Town of Emerald Isle Attn: Frank Rush, Jr., Town Manager 7500 Emerald Drive July 20, 2015 Donald R. van der Vaan Secretary DWR Project # 1998 1292 V2 Carteret County THIS IS NOT Emerald Isle, NC 28594 Subject Property: Bogue Inlet and connecting Channel to AIWW LTi itMARERMIT Emerald Isle Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Rush: You have our approval, in accordance with the attached conditions and those listed below to dredge Bogue Inlet and the connecting channel to the AIWW Crossing Tangents H & G Section 1 with the beneficial placement of dredge material on approximately 6.1 miles of oceanfront beach in the Town of Emerald Isle as described in the -Division of Coastal Management application dated May 19, 2015, and received by the Wilmington Regional Office (WiRO) Division of Water Resources (Division) on May 20, 2015. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number 3900 (GC 3900). This Certification allows you to use the General Permit No. 198000291 permit when issued by the US Army Corps of Engineers and the CAMA Major Permit when issued by the Division of Coastal Management. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non -discharge, Water Supply Watershed, and stormwater regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed on the following pages. The Additional Conditions of the Certification are: 1. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification and is responsible for complying with all conditions. Any new owner must notify the Division and request the Certification be issued in their name (15A NCAC 02H .0501 and .0502). 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: 910-796-7215\ Internet: www.ncdenr.gov An Equal Opportunity \Afimiative Action Employer- Made in pan by recycled paper Town of Emerald Isle Attn: Frank Rush, Jr., Town Manager DWR Permit # 1995 1292 V2 July 20, 2015 Page 2 of 4 2. Any final construction plans for this project must include or reference the application and plans approved by the Division under this authorization letter and certification. The applicant will also be required to evaluate all acquired permits to assure that they are consistent and all relative impacts are accounted for and shown on the construction plans. [15A NCAC 02H .0502 (b) and 15A NCAC 02H .0506 (4)] The applicant shall require his contractors (and/or agents) to comply with all of the terms of this Certification, and shall provide each of its contractors (and/or agents) a copy of this Certification. 3. Turbidity Standard The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 2B..0221. Appropriate sediment and erosion control practices must be used to meet this standard. Turbidity curtains and berms shall be used as appropriate. Please notify this office if any turbidity issues arise at 910.796.7215 4. Work Moratoriums The permitee shall adhere to all appropriate in water work moratoriums as prescribed by the NC Wildlife Resources, NC Division of Marine Fisheries and the National Marine Fisheries Service. 15A NCAC 02H.0506 (b)(2) and 15A NCAC 028.0221 (1) 5. This General Certification shall expire on the same day as the expiration date of the corresponding General Permit. The conditions in effect on the date of issuance of the Certification for a specific project shall remain in effect for the life of the project, regardless of the expiration of this Certification. 6. The permitee shall require its contractors and/or agents to comply with the terms of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project a copy of this certification. A copy of this certification including all conditions shall be available at the project site during the construction and maintenance of this project. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 7. Continuing Compliance: The applicant/permitee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with 303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal law. If the Division determines that such standards or laws are not being met, including failure to sustain a designated or achieved use, or that State or Federal law is being violated, or that further conditions are necessary to assure compliance, than the Division may reevaluate and modify this General Water Quality Certification. [15A NCAC 02H .0507(d)] Town of Emerald Isle Attn: Frank Rush, Jr., Town Manager DWR Permit N 19981292 V2 July 20, 2015 Page 4 of 4 Mailing address for the OAH: If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 if sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DENR: Sam M. Hayes, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions, please contact Jennifer Burdette in the Central Office in Raleigh at 919.807.6364 or Jennifer. Burdette(ancdenr.govJoanne Steenhuis in the DWR Wilmington Regional Office at 910.796.7306 or loanne.Steenhuis(o)ncdenr.aov . Sincerely, Jim Gregson, Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDENR Enclosure: GC 3900 cc: Daniel Ramsay— O'Brian & Gere Engineers, Inc. —electronic copy Tyler Crumbly - USACE Wilmington Regulatory Field Office — electronic copy Tara MacPherson — DCM Wilmington Jennifer Burdette — Wetlands and Buffer Unit Doug Huggett - DCM Morehead City — electronic WiRO Town of Emerald Isle Attn: Frank Rush, Jr., Town Manager DWR Permit # 1998 1292 V2 July 20, 2015 Page 3 of 4 8. All mechanized equipment operated near surface waters or wetlands will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permitee/contractor shall immediately contact the Division of Water Quality, between the hours of 8 am to 5 pm at the Wilmington Regional Office at 910.796.7215 and after hours and on weekends call (800) 858-0368. Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. 115A NCAC 021-1.0506 (b)(3) and (c)(3), 15A NCAC 02B .0200 (3)(f), and GS 143 Article 21A]. 9. Fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H .0506 (b)(3) and (c)(3) and ISA NCAC 02B .0200 (3)(f)]. 10. This r •Ion grants permission to the director, an authorized representative of the Director, or DEP' ` %e•presentation of proper credentials, to enter the property during normal ba' 1'CO21-1.0502(e). 11. � \''hin the 401 Water Quality Certification or applicable the applicant and/or authorized agent is required nee NCDENR DWR 401 and Buffers Unit ^e Center, Raleigh, NC, 27699 within available at: \dorms). nd may result in �nnduct -•,)n NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Donald R. van der Vaart Governor Secretary May 19, 2015 E� MEMORANDUM: �' MAY 2 0 2015 TO: Georgette Scott Stormwater Section DEMLR - WiRO FIRJonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA / D&F Permit Application Review Applicant: Town of Emerald Isle Project Location: Bogue Inlet and the connecting channel to the AIWW Proposed Project: to continue federal navigation maintenance dredging, with disposal areas along the Emerald Isle oceanfront, in Carteret County. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by June 12, 2015. If you have any questions regarding the proposed project, contact Tara MacPherson at (910)796-7425 when appropriate, in depth comments with supporting data is requested. **The complete application submittal can be viewed at: ftp://www.obg.com User name:NCDNR52139 Password: Nc52dNrl39 REPLY: his agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. RECEIVED SIGNED DATE S �-Z MAY 27 205 y,01104AHa cm N.C. Division of Coastal Management 127 Cardinal Drive Ed., Wilmington, INC 28405 Phone: 910-796-72151 FAX: 910395-3964 Internet: www.nocoastaimanaQement.net An Equal Opporlun41 Alfinnave Acbm Empbyw r NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor May 28, 2015 Mr. Frank Rush.. Jr., Town Manager Town of Emerald Isle 7500 Emerald Drive Emerald Isle, NC 28594 Subject: EXEMPTION Stormwater Project No. SW8150518 Bogue Inlet Maintenance Dredging Carteret County Dear Mr. Rush Donald R. van der Vaart Secretary The Wilmington Regional Office of the Division of Energy, Mineral, and Land Resources received a copy of the CAMA Major Permit Application for the subject project on May 20, 2015. Staff review of the plans and specifications has determined that the development activities proposed at this time will not pose a threat to surface water quality from stormwater runoff. The Director has determined that projects that are reviewed and approved by the Division as not posing a water quality threat from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 2H.1000, the stormwater rules. By copy of this letter, we are informing you that this project will not require a stormwater management permit. If the subject project disturbs one acre or more and has a point source discharge of stormwater runoff, then it is also subject to the National Pollutant Discharge Elimination System (NPDES) stormwater discharge requirements. You are required to have an NPDES permit for stormwater discharge from projects meeting these criteria. All temporary built -upon area associated with the construction of the prol1ect must be removed within 30 days of completion of the project, or when it is no longer needed, whichever occurs first. If you have an qquestions or need additional information concerning this matter please contact Linda Lewis at (910) 79621%1, or e-mail her at linda.lewis@ncdenr.gov. ECEVED Sin/— � JUN 0 4 201� ForTracy E. D vis, P.E., Director Division of Energy, Mineral, and Land Resources GDS/arl: GIWQISharedlStormwaterlPermits & Projects12015 \150518 Exemption12015 05 permit 150518 cc: Town of Emerald Isle Building Inspections Tara MacPherson/Shaun Simpson Jonathan Howell, DCM Wilmington Regional Office Stormwater File Division of Energy, Mineral. and Land Resources Land Quality Section -Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 • (910) 796-7215 / Fax: (910) 350-2004 An Equal Opportunity 1 Affirmative Acton Employer • 30% Post Consumer Paper • Internet: httylloortal ncdencoroiweb/Ir/ NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Donald R. van der Vaart Governor RECEIVED Secretary May 19, 2015 MEMORANDUM: MAY 2 2 DOA TO: Tim Walton STATE PROPERTY Dept of Administration OFFICE State Property Office FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA / D&F Permit Application Review Applicant: Town of Emerald Isle Project Location: Bogue Inlet and the connecting channel to the AIWW Proposed Project: to continue federal navigation maintenance dredging, with disposal areas along the Emerald Isle oceanfront, in Carteret County. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by June 1Z 2015. If you have any questions regarding the proposed project, contact Tara MacPherson at (910)796-7425 when appropriate, in depth comments with supporting data is requested. **The complete application submittal can be viewed at: ftp://www.obp-.com User name:NCDNR52139 Password: Nc52dNrl39 REPLY: This ency has no objection to the project as proposed. This agency has no comment on the proposed project. 0 ' This agency approves of the project only if the recommended changes QV Uv� are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE N. . Divi 'on of Coastal Management RECEIVED 127 Car r ve Ext., Wilmington, NC 28405 JUN 1110b Phone: 910-796-72151 FAX: 910,3W3964 Internet: www.nccoastaimanageawl.net I.K:ro-unryN AnEqual Opportunity 1 AlfirmaAve Acton Empbyer t.N 4 Z m N m •+ Y � O Y 7� Pat McCrory Governor MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: PIMA 4 NCDENR North Carolina Department of Environment and Natural Resource May 19, 2015 Shannon Jenkins NC DMF Shellfish Sanitation Section Donald R. van der Vaart Secretary Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) CAMA I D&F Permit Application Review Town of Emerald Isle Bogue Inlet and the connecting channel to the AIWW Proposed Project: to continue federal navigation maintenance dredging, with disposal areas along the Emerald Isle oceanfront, in Carteret County. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by June 12, 2015. If you have any questions regarding the proposed project, contact Tara MacPherson at (910)796-7425 when appropriate, in depth comments with supporting data is requested. **The complete application submittal can be viewed at: ftp://www.obp-.com User name:NCDNR52139 Password: Nc52dNrl39 REPLY: This agency has no objection to the project as proposed. / This agency has no comment on the proposed project. ��l�rvlt) UJtiOCI^t� This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 5 �Z9 I/ ED "'7q/ 4 1015 N.C. Division of Coastal Management JUN 127 Cardinal Drive Ext., Wilmington, NC 28405w.wvrry Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.n=astalmanaaeffmt.net An Equal Opporlun41 ARrmobve Action Employer NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor May 29, 2015 MEMORANDOM TO: From: Through: SUBJECT: Applicant: Donald R. van der Vaart Secretary Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator, 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) Jeremy Humphrey, Environmental Health Program Specialist Shannon Jenkins, Environmental Program Supervisor CAMA / Dredge & Fill Permit Application Review Towns of Ocean Isle Beach, Holden Beach, Topsail Beach and Emerald Isle, and New Hanover County Project Location: Shallotte Inlet, Lockwood Folly Inlet, Carolina Beach Inlet, New Topsail Inlet, and Bogue Inlet Proposed Project: to continue federal navigation maintenance dredging, with disposal areas along the oceanfront of Ocean Isle Beach, Holden Beach, Carolina Beach, Topsail Beach and Emerald Isle. Placement of sand on the beach as described in the Dredge and Fill Permit Application may require a swimming advisory to be issued, and could result in the posting of signs on the beach. A potential swimming advisory can be avoided if the dredging occurs between November 1st and March 31st. If any sand placement is to occur prior to November 1st or after March 31st it is requested that our office be notified immediately by the municipality and/or the dredging contractor. ;zECEVEc juN 0 4 1015 1601 Mail Service Center, Raleigh, North Carolina 27699-1601 Phone: 919-707-8600 1 Internet: www.ncdenr.gov An Equal opportunity 1 Affirmative Achon Employer — Made in part by recycled paper .r Pat McCrory Governor I IJ 4 t'dr1:?_I Z I Bill 4 N TO: FROM: SUBJECT: Applicant: Project Location 4 00 NCDENR North Carolina Department of Environment an a of m I . vDnd rVaart iC:� cretary Reed Smith NC DOT Carteret County May 19, 2015 mAY 2 6 2015 NEW BERN DISTRICT OFFICE Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) CAMA I D&F Permit Application Review Town of Emerald Isle Bogue Inlet and the connecting channel to the AIWW Proposed Project: to continue federal navigation maintenance dredging, with disposal areas along the Emerald Isle oceanfront, in Carteret County. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by June 12, 2015. If you have any questions regarding the proposed project, contact Tara MacPherson at (910)796-7425 when appropriate, in depth comments with supporting data is requested. **The complete application submittal can be viewed at: ftp://www.obv-.com name:NCDNR52139 Password: Nc52dNr139 REPLY: TJ1is agency has no objection to the project as proposed. RECEIVED ✓/This agency has no comment on the proposed project. JUN 04 2015 ­wvwrw i-w, 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 N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nocoastalman�ment.net An Equal Opporlundy 1 Afimiairm Acton En*yw F.� ) i `�e •.r RECEIVED JUN 0 41015 Ix.iv-�nnk ku,q 4 /� NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Donald R. van der Vaart Governor Secretary MEMORANDUM: May 19, 2015 n @ @ @ 0 M @ 0 TO: Steve West �I:�/ MAY 10 20115 Environmental Engineer WRo1.pubWC ter R S p Public Water Supply water FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA I D&F Permit Application Review Applicant: Town of Emerald Isle Project Location: Bogue Inlet and the connecting channel to the AIWW Proposed Project: to continue federal navigation maintenance dredging, with disposal areas along the Emerald Isle oceanfront, in Carteret County. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by June 12, 2015. If you have any questions regarding the proposed project, contact Tara MacPherson at (910)796-7425 when appropriate, in depth comments with supporting data is requested. **The complete application submittal can be viewed at: ftp://www.obp-.com User name:NCDNR52139 Password: Nc52dNrl39 REPLY: X This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. 211� SIGNED DATE S I 1R�cFNEP 4,J? W Q� \.; (Iv JUN 01 I015 N.C. Division of Coastal Management 127 Cardinal Drive Ed., Wilmington, NC 28405 Phone: 910-79&72151 FAX: 910-3953964 Internet: www.nocoastaimanagement.net An Equal Opportunity 1 AtFrma m Action Employer NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor May 19, 2015 legals@thenewstimes.com Acct: 70109153 Carteret News Times PO Box1679 Morehead City, NC 28557 Tel: (252)-726-7081 Re: Public Notice — Town of Emerald Isle c/o Frank Rush Jr. Claire: Please publish the attached Notice in the Friday, May 22, 2015 issue. Donald R. van der Vaart Secretary 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 Divison of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by Credit Card (number on file with Elsa Lawrence, Ref acct At 796-7215). Please email a copy of the credit card receipt to me at shaun.simoson6i.ncdenr.gov. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. Sincggrely, Shaun K. Simpson Permitting Support & Customer Assistance Division of Coastal Management cc: WiRO; Michele Walker- DCM Jonathan Howell - MHC DCM Tyler Crumbley - USACE RECEIVED N.C. Division of Coastal Management MAY 2 6 20b 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www,nccmtalmanagement.net An Equal Opportunely \ Affirmative Acbon Employer NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that the following application was submitted for a development permit in an Area of Environmental Concern, as designated under the CAMA: On May 12, 2015, the Town of Emerald Isle, clo Frank Rush, Jr., proposed to continue federal navigation maintenance dredging in Bogue Inlet and the connecting channel to the AIWW, and associated beneficial placement along the Emerald Isle oceanfront, in Carteret County. A copy of this application can be examined or copied at the office of Tara MacPherson, N.C. Dept. of Environment & Natural Resources, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910-796-7425) during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to June 12, 2015 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 8 610b r1»www>+"* 1�a DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT SDI-5 Bogue Inlet APPLICANT'S NAME: Town of Emerald Isle c/o Frank Rush, Jr. (Town Manager) 2. LOCATION OF PROJECT SITE: The project site includes Bogue Inlet and the connecting channel to AIWW Crossing Tangents H and G Section 1 with beneficial placement of dredge material on approximately 6.1 miles of oceanfront beach in the Town of Emerald Isle, beginning on the public trust beach west of 115 Bogue Court at the Inlet and terminating at 6709 Ocean Drive, and in an adjacent near -shore disposal area in and adjacent to the Atlantic Ocean, in Emerald Isle, Carteret County. Photolndex: AIWW Tangent Crossings -2000: 36-457 Bogue Inlet/Connecting Channel - 2000: 38-473 Beachfront Placement Area - 2000: 38-473, 474-475 Coordinates: Midpoint of beneficial placement area - Lat: 340 39' 17.88"N Long: 770 03' 15.78"W 3. INVESTIGATION TYPE: CAMA / D&F 4. INVESTIGATIVE PROCEDURE: Dates of Multi Agency Meetings: 4/21/15 (w/ applicant) & 5/8/15 5. PROCESSING PROCEDURE: Application Received - March 30, 2015 Completed- May 12, 2015 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Town of Emerald Isle Classification From LUP- Conservation (High Hazard Flood Area and Bogue Inlet Hazard Area). No classification for dry sand beach. General Project Area is classified as Mixed/Single Family Residential (B) AEC(s) Involved: EW, PT, OH, IH (C) Water Dependent: Yes (D) Intended Use: Public (E) Wastewater Treatment: Existing - N/A Planned - N/A IF) Type of Structures: Existing - Commercial and Residential Planned - N/A (G) Estimated Annual Rate of Erosion: 2.0-2.5 ft./year Source - 2011 LTAASCR Update 7. HABITAT DESCRIPTION: [AREA] (A) Intertidal/Subtidal (Open Water) - 64 acres AIWW/ Bogue Inlet and Connecting Channel (B) Oceanfront Beach -56 acres (D) Total Potential Area Disturbed: -120 acres >rcevrD ** Note: Typical Inlet and AIWW Crossing dredge volumes are listed on the MP-2 Form. ** Note: An additional nearshore disposal area is described as 6,000 linear feet in length with AbOA1711bvidth. na+n-Mriy r'rtw Town of Emerald Isle- SDI-5 (Bogue Inlet) Page Two (E) Primary Nursery Area: No (F) Water Classification: SA Open: Yes 8. PROJECT SUMMARY: The Town of Emerald Isle proposes to obtain state authorization to continue federal navigation maintenance dredging project in Bogue Inlet, the connecting channel and AIWW crossing Tangents H & G Section 1 with associated beneficial placement (including USACE and locally authorized beach template disposal areas) on approximately 32,700 linear feet of the Emerald Isle oceanfront beach and in an adjacent near -shore disposal area. 9. PROJECT DESCRIPTION: The project site is the inlet between Bear Island in Onslow County and Emerald Isle in Carteret County known as Bogue Inlet. To get to Emerald Isle from Wilmington take US HWY 17 N for approximately 48 miles to NC 24 East heading towards Camp Lejeune/Morehead City. Continue on NC 24 East for 21 miles and turn right on NC-58 (Emerald Drive) to access Bogue Banks and the Town of Emerald Isle. The project includes Bogue Inlet, the connecting channel to the AIWW, the AIWW crossing Tangents G and H Section 1, the USACE placement template area on the west end of Emerald Isle and the locally authorized disposal areas (State Permit No. 127-04) on "The Point" and the Bogue Inlet Channel Erosion Response Project disposal area on the oceanfront beach area terminating at 6709 Ocean Drive. An adjacent near -shore USACE disposal area is also included which is immediately adjacent to the Atlantic Ocean, in Emerald Isle, Carteret County. The project site encompasses approximately 6.1 miles of oceanfront beach beginning on the public trust beach west of 115 Bogue Court at the Inlet and terminating at 6709 Ocean Drive off of Hwy 58 (Emerald Drive), this includes a section of beach the USACE has historically used for dredge material disposal which, according to the applicant, is located adjacent to Inlet Drive on the western end of Emerald Isle. Bogue Inlet, the Bogue Inlet Connecting Channel and AIWW Crossing navigation maintenance areas (from where the sand would be removed) are located along the western end of Emerald Isle extending to the north along the AIWW. The applicant has provided the 2013 USACE template (Attachment 3.1 Item # 3) and states that the approximate elevation of the tract above NHW was + 6 ft. NAVD 88 at the top of berm at this time. The project site is adjacent to mostly residential properties and the highground portion of the property is vegetated primarily with American Beach Grass (Ammophila breviligulata) and Sea Oats (Unio/a paniculata). RtfElililand borders the project to the west and the Atlantic Ocean is to the south. Within the inlet north of the islands are two island systems known as Dudley and Huggins Islands. Dudley Island is the soutR {{,,� ;'Mbf the two. Higgins Island is at the mouth of the White Oak River. N4wu uw"Mwnx The long term annual erosion rate for the Town of Emerald Isle is 2.0-2.57year, per the Division of Coastal Management's 2011 Annual Erosion Rate maps, and the 100-year storm recession is approximately 50' giving a total Ocean Hazard AEC of 170', as measured from the First Line of Stable Natural Vegetation (FLSNV). There is an existing "Static" Vegetation line in use along Emerald Isle. The proposed action consists of maintenance dredging and beneficial placement at 5 (five) federally authorized shallow draft inlets and associated Atlantic Intracoastal Waterway Crossings (AIWW), these projects are referred to as the SDI-5. According to the applicant, ongoing federal navigation maintenance dredging programs at the inlets and AIWW crossings have been authorized and conducted since at least 1982, but many of North Carolina's shallow draft inlets have not been in the Presidential budget since 2005. Should the U.S. Army Corps of Engineers (USACE) be unable to perform the program, local governments seek to have authorization in place to continue year-round navigation maintenance in areas critical to local commerce and recreation. The application states that maintenance dredging at each inlet would mimic the ongoing, approved (USAGE) maintenance dredging program for each area, which includes the AIWW crossings, connecting channels and the inlet throats throughout currently authorized inlet linear distances beyond the COLREGS line. According to the applicant, only currently approved dredge material management locations, including shoreline beneficial placement, near -shore placement and/or upland confined disposal are included in this project. The application states that beach —quality material removed from the inlets beneficially placed on neighboring Town of Emerald Isle- SDI-5 (Bogue Inlet) Page Three beaches will maintain recreational beach area and provide storm protection to public and private infrastructure (See Narrative & Page 1). State Permit No. 127-04 was issued to the Town of Emerald Isle on September 9, 2004 for relocation of Bogue Inlet. The Bogue Inlet Channel Erosion Project was a response to the accelerated erosion experienced by the residents of the west end subdivision known as "The Pointe", and to the west end of the island as a whole since 1981. The project included the relocation of the Bogue Inlet channel and the construction of a sand dike for passive inlet nourishment. Nourishment of approximately 24,000 linear feet of ocean beach on Emerald Isle's west end was also included. A minor modification of this permit was issued on December 21, 2004 with changes in channel excavation dimensions. Numerous minor modifications have been issued for additional sand placement along the shoreline (and on exposed sandbags) with occasional beach bulldozing since 2005. Most recently the Town of Emerald Isle was issued a modification for beneficial placement at the area called "The Pointe" on the west end of emerald Isle. State Permit No. 127-04 is due to expire on December 31, 2015 Historically, the US Army Corps of Engineers (USACE) has maintained Bogue Inlet as a marked navigation channel, providing commercial and recreational access to the Atlantic Ocean. Over the years, and with adequate funding, the USACE has been able to maintain the AIWW federal channel and Bogue Inlet. Traditionally, they have maintained a depth of -12 ft. plus -2 ft. overcut in the AIWW Crossings, 6 ft. plus -2 ft. overcut in the connecting channel to the Inlet and -8 ft. plus -2 ft. overcut in the Inlet at MLW; however, periodic maintenance has become less frequent due to budget constraints, the shallow depth of the inlet and the amount of material that's held in the inlet system by the side -cast operations. In the event the USACE is not capable of maintaining the inlet, the Town of Emerald Isle would like to obtain approval to perform the navigation maintenance work and utilize the material for beneficial placement. The application states that the navigation maintenance dredging project area depths and dimensions will mimic the federally authorized project for the Bogue Inlet project, including Bogue Inlet, the Connecting Channel and AIWW Crossing Tangent G & H Section 1. According to the applicant, consistency determinations and concurrences have been issued for federal projects in the proposed project areas associated with Bogue Inlet (see Page 19). According to the applicant the project template for the SDI-5 beneficial placement in Bogue Inlet will include both the USACE placement template area, including a near -shore disposal area, and the area between 115 Bogue Court at the Inlet and 6707 Ocean Drive. According to the applicant this area includes both the Bogue Inlet Channel Erosion Response template and "The Pointe' on the west end of Emerald Isle authorized under State Permit No. 127-04. (see Figure 2 and Page 25). The application includes a Cultural Resource Assessment (Attachment 5.1) which refers to documents issued per Section 106 of the National Historical Preservation Act of 1966 (P.L. 89-665), as amended, and the Abandoned Shipwreck Act of 1987 (See Attachment 5.1 pages 1- 2 and Appendix A coordination letters). The applicant states that impacts to cultural resources in the Bogue Inlet Project Area are not anticipated. The application also includes a Sediment Evaluation (Attachment 5.2). A Supplemental Biological Assessment is included (Attachment 5.3) along with an Essential Fish Habitat Summary (Attachment 5.4) and Recommended Conservation Measures (Attachment 6). The Town of Emerald Isle's Land Use Plan classifies the upland areas of this project are as Mixed/ Single Family Residential. The High Hazard Flood Area and Bogue Inlet Hazard Areas are classified as Conservation. The waters of the project site are classified as SA by the NC Division of Water Quality. The NC Division of Marine Fisheries has NOT designated this area of Bogue Sound / Atlantic Ocean as a PriRIMED Nursery Area (PNA), and the waters are OPEN to the harvesting of shellfish. MAY 2 610b 10. PROPOSED PROJECT: The Town of Emerald Isle proposes to obtain state authorization to continue federal navigation maintenance dredging in Bogue Inlet, the connecting channel and AIWW crossing Tangents H & G Section 1 with associated beneficial placement (including USACE and locally authorized beach template disposal areas) on approximately 32,700 linear feet of the Emerald Isle oceanfront beach and in an adjacent near -shore disposal Town of Emerald Isle -SDI-5 (Bogue Inlet) Page Four area. This application is part of a joint application for 5 federally authorized shallow draft inlets which are referred to as the SDI-5. According to the application, the depths and dimensions will mimic the federally authorized projects at Bogue Inlet and the AIWW crossings. The application states that beach quality material removed from these areas will be beneficially placed on the oceanfront beach beginning on the public trust beach west of 115 Bogue Court at the Inlet and terminating at 6709 Ocean Drive and/or in the USACE navigation maintenance near -shore disposal area (see Figure 2, Page 23 and Attachment 3.1 Items 1-8). This project includes beneficial placement on approximately 6.1 miles of oceanfront beach including USACE template areas and locally authorized project templates including the Bogue Inlet Channel Erosion Response template and the template authorized at 'The Pointe at Emerald Isle". The applicant is proposing to follow the precise template of the federally authorized project conducted by the USACE Wilmington District (see Page 22, 25, Figure 2 and Attachment 3.1 1-8). According to the application, the Bogue Inlet navigation maintenance dredging would occur within an area measuring approximately 6,100 ft. in length by 150 ft. in width to a maximum depth of -8 ft. at MLW (plus 2 ft. over -depth), the AIWW crossing navigation maintenance dredging would occur within an area measuring approximately 5,400 ft. in length by 90 ft. in width (there is also an authorized 50 ft. widener along this stretch of the AIWW (see Page 16 Table 1)) to a maximum depth of -12 ft. plus -2 ft. overcut at MLW, navigation maintenance dredging in the channel connecting these two areas would occur within an area measuring approximately 10,400 ft. in length by 90 ft. in width to a maximum depth of -6 ft. plus -2 ft. overcut at MLW. The application states that these depths mimic the federally authorized depths within these areas (see MP-2 Excavation and Fill Form on Page 23). According to the application typical AIWW crossing maintenance excavates approximately 100,000 cubic yards and the typical Bogue Inlet/Connecting Channel maintenance excavates approximately 62,000 cubic yards during each maintenance event. Shoal maintenance is mentioned in Attachment 6 (Conservation Measures) but is not included in the project description for this area. The application states that maximum excavation volumes and fill densities will be event -specific and dependent on the amount of material that needs to be excavated to maintain navigation. According to the applicant the project template for beneficial placement encompasses 4.5 miles of oceanfront disposal area authorized under State Permit No. 127-04 known as the Bogue Inlet Channel Response Project which begins at 6709 Ocean Drive and extends west (see Page 25). The template included an average berm width of 80 ft. and a 20:1 beach face slope from the berm to existing grade. A modification to this permit included a template at the west end of Emerald Isle at "The Pointe" which authorized an additional 50 acres of placement along 3,000 ft. of beach to a depth of 1-2 ft. The proposed template area also includes the USACE beach template area including 1,200 ft. of beach with an average berm width of 75 ft. and a natural slope from berm to existing grade. The near -shore disposal area is located approximately —10 ft. at MLW (See Figure 2).. The application does not state an average fill placement density along the project area or provide current dune crest elevations. The application does state that the length of beneficial placement for each event will be based on the volume of dredged material, but will typically be about 2,700 ft. with an average berm width of 75 ft. According to the applicant, easements from the affected properties for beneficial beach placement of dredged material have been previously acquired by the Town of Emerald Isle. According to the applicant the USACE has easements on file for an upland disposal site which would be used for incompatible material. The application states that the applicant will obtain a consent agreement from the USACE Real Estate Office prior to beginning construction. Upland Disposal Site AIWW DA 0060 is approximately 21 acres. In April of 2008, the North Carolina Coastal Resources Commission (CRC) adopted State Sediment Criteria Rule 15A NCAC 07H .0312. The new rule was intended to prevent the disposal of incompatible material on the beach. In accordance with this new rule, the application states that sediment characterization data were obtained for Bogue Inlet and the AIWW crossings from sampling events conducted between 2002 and 2014. According to the applicant, representative vibracores contained beach compatible material throughout the project area to project depth. The application package indicates that the majority of material being removed would be compatible with the native beach; however, unanticipated setbacks and unsuitable maSWaleEare always a concern. In the event that unsuitable (non -beach quality) material is encountered, the upland disposal site will be utilized. (see Attachment 5.2 (Page 2, Table 1- 2 and Figure 2)). MAY 2 61015 hp,vy wfiw Ww- Town of Emerald Isle- SDI-5 (Bogue Inlet) Page Five The application states that temporary in -situ sand berms will be used during beach placement to facilitate settlement and retention of sand on the beach which would allow the sandy material to settle out before the water re-enters the ocean. Dredging associated with beneficial placement will be conducted utilizing a cutterhead hydraulic dredge and pipeline. The application drawing shows the dredging pipeline following the USCG route previously used (see Figure 2). If beneficial placement is not included in a navigation maintenance event other types of dredges will be considered (See MP-2 Excavation and Fill 5b. on page 30). According to the applicant the entire project would follow the precise template of federally authorized projects except for the beneficial placement template (see Figure 2, Page 23 & 25, Narrative and Attachment 3.1 Items 1-8). Conservation measures submitted by the applicant for the SDI-5 project include an environmental window of November 16 - April 30 for implementation of routine dredging activities to federally -authorized depths, however, the applicant also mentions possible dredgetbeneficial placement activity outside of the environmental window to address shoals that may build up within the inlets (see Narrative, Attachment 5.4 Page 2 and Attachment 6). The applicant states that because the proposed action entails maintenance of existing navigation channels, areas of shell bottom are not considered to be applicable within existing navigation channels (see Page 24 and Attachment 5.4). In summary, the proposed beneficial placement associated with navigation maintenance dredging activities would remain within the Town limits. According to the applicant, all navigation maintenance excavation is consistent with federal projects thereby not exceeding the depths or widths of the federally maintained channels. As proposed, the entire project would include previously impacted templates along the oceanfront as well as previously dredged areas within Bogue Inlet and the AIWW Crossings. 11. ANTICIPATED IMPACTS The proposed navigation maintenance dredging volumes are typically 62,000 yd3 within Bogue Inlet and the connecting channel and 100,000 yd3 within the AIWW Crossings. According to the applicant, fill densities will be event specific. Shoal maintenance is mentioned in the application, but is not included in the project description. The beneficial placement portion of the project would disturb a maximum of approximately 2,534,250 ft' of oceanfront beach impacting areas below and above Mean High Water as a result of the nourishment activities. The near -shore placement area is 6,000 ft. in length, the applicant did not provide an approximate width of this area so maximum impact areas cannot be determined at this time. Placement of sand on the beach would result in temporary mortality for intertidal micro fauna such as crabs and worms. Placement of material below the MHW boundary would result in temporary turbidity within the nearshore waters of the Atlantic Ocean; potentially affecting fish and aquatic life in the project area at the time. Limiting the work to the winter season should reduce potential adverse impacts to fish communities. There may be some impact to sea turtle nesting as a result of this project. Beach compaction should be monitored and tilling should be required to reduce the likelihood of impacting sea turtle nesting and hatching activities. Erosion escarpments forming after the project completion should also be leveled to reduce turtle nesting impacts. Public use of the beach during the beach fill process would be limited to some degree. The project would serve to provide authorization for the Town of Emerald Isle to continue the federal navigation maintenance dredging program at Bogue Inlet including the connecting channel and the AIWW crossings Tangent G & H Section 1. In addition, approximately 21 acres of high ground has been reserved for unsuitable material at the USACE DA- 0060. The application states that actual disturbed areas and volumes of material will be a summation of the locations within the channels that need to be dredged for navigation at a given time, but the length of beneficial placement areas will typically be approximately 2,700 linear ft. with an average berm width of 75 ft. Submitted by: Tara MacPherson Date: May 18, 2015 Office: Wilmingto9E,E,vEo MAY 2 61015 �",;.p(, Luv NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor May 18, 2015 O'Brien & Gere Engineers, Inc. C/o Mr. Daniel Ramsay 3215 Charles B. Root Wynd, Suite 130 Raleigh, NC 27612 Dear Mr. Ramsay: Donald R. van der Valiant Secretary The Division of Coastal Management hereby acknowledges that on May 12, 2015 we received your completed application, acting as agent for the SDI-5 Shallow Draft Inlet Project, whereby you are requesting State approval for Navigation Maintenance at Bogue Inlet located adjacent to Emerald Isle in Carteret County, New Topsail Inlet located adjacent to Topsail Beach in Pender County , Carolina Beach Inlet located adjacent to Carolina Beach in New Hanover County, Lockwoods Folly Inlet adjacent to Holden Beach in Brunswick County and Shallotte Inlet adjacent to Ocean Isle Beach in Brunswick County. The projected deadline for making a decision on your permit application is July 27, 2015. An additional 75-day review pedod is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from May 12, 2015 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 pdvate road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, Tara MacP n Field Representative cc: Jonathan Howell, DCM Frank Rush, Town of Emerald Isle David Hewett, Town of Holden Beach Layton Bedsole, Jr., New Hanover County Tyler Crumbley, USACE Michael Moore, Town of Topsail Beach Chris Couddet, New Hanover County Debbie Smith, Town of Ocean Isle Beach aFCpVED MAV 2 6 it" 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910395,W Internet www.nccoastaimanagement.net An Equal Opportunity 1 Afienatwe Action Employer NOTI(01$1?j LAMA PERMIT APPLIED FOR Applicant proposes to continue federal navigation maint&fidhi�e dreddind in Bodue In • • - i mel Mrs COMMENTS ACCEPTED THROUGH _ June 12, 2015 APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Town of Emerald Isle �� NC Div. of Coastal Management ottno Frank Rush, Jr. 127 Cardinal Dr. Extension 75nn Emerald Drive Wilmington, NC 28405 Emerald Isle, NC 28594 Tara MacPherson, Field Specialist 910-796-7425 u NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor September 3, 2015 CERTIFIED MAIL RETURN RECEIPT REQUESTED O'Brien and Gere, Engineers, Inc. c/o Daniel Ramsey 3214 Charles B. Root Wynd, Suite 130 Raleigh, NC 27612 Donald R. van der Vaart Secretary SUBJECT: Coastal Area Management Act (CAMA) Permit Application Submittal for Shallow Draft Inlet proposals at five inlets Dear Sirs: This letter is in response to the above referenced CAMA permit application, which was accepted as complete by the Division's Wilmington office on May 12, 2015. Processing of the application is ongoing. However, it has been determined that additional information will be required prior to the Division taking final action on your application. These required items are summarized below: 1) By way of the attached August 25, 2015 letter from the U.S. Army Corps of Engineers, the Corps indicated that additional information will be required from you prior to the Corps moving forward with final permit decisions on these five projects. Therefore; because these Corps permit are prerequisites for the issuance of the associated CAMA permits, and in accordance with 15A NCAC 07J .0207(c) processing of your permit application be placed in abeyance until such time as the required information is provided to the Corps, and the Corps indicates to this office that the additional information has satisfied their needs. If you can provide to this office a copy of the requested information within five working days from the date of this letter, DCM staff will continue processing of the application and the processing clock will not be suspended. If the required information is not received in this office within the specified timeframe, processing of the application will be suspended in accordance with 15A NCAC 07J.0204(d) until such time as the requested information is provided. 1601 Mail Service Center, Raleigh, North Carolina 27699-1601 Phone: 919-707-8600 11nternet: wvm,ncdenr.gov An Equal Opportunity1Arranabve Acfion Employer— Made in part by recycled paper DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON. NORTH CAROLINA 28403-1343 REPLY TO ATTENTION OF: 25 August, 2015 Regulatory Division Re: Comments Generated: Shallow Draft Inlet-5 (SDI-5), Towns of Emerald Isle, Topsail Beach, Holden Beach, Ocean Isle Beach, and New Hanover County; Action ID Numbers SAW- 2014-02004, SAW-2004-02005, SAW-2014-02006, SAW-2014-02007, and SAW-2014-02009 Mr. Daniel Ramsey O'Brien and Gere Engineers, Inc. 3214 Charles B. Root Wynd, Suite 130 Raleigh, North Carolina 27612 Dear Mr. Ramsey: The purpose of this letter is to relay the comments and concerns generated from a 24 June, 2015 electronic public notice (e-PN) to Federal agencies. The e-PN provideda description of the proposed projects and an .ftp site for the agencies to download the entire CAMA major permit application and submitted plans. Several agencies responded within the comment period. Below is a summary of the comments received. Please provide more information to address the following comments: By email dated 26 June 2015- U.S. Environmentaf Protection Agency (Region 4): 1.) At this time the EPA has no comments or concerns with the project as described per the documents forwarded to us. By letter dated 17 July, 2015 - U.S. Fish and Wildlife Service Comments: 1.) Any discrepancies between authorized final project depth and actual depths of previous dredging efforts should be clarified. In addition, it is unclear whether all of the inlets have been subjected to stringent sediment analysis at the authorized final project depth. If the applicants propose to dredge deeper than previous Navigation Program or other dredging efforts, sediment analyses should be conducted to ensure that the material above and at the proposed depth is compatible with the proposed disposal area(s). 2.) The applicants should clarify the methods for ensuring that only compatible material is placed on the beach and in nearshore disposal areas. -3- 6.) Lockwoods Folly Inlet Disposal: The Town cannot use Disposal Area (DA) 286 for placement of non -beach compatible material. The Corps only allows for beach compatible material to be placed within that disposal area. The next closest disposal area we would recommend is DA 284 (to the east). 7.) Bogue Inlet Disposal: A consent agreement will be required to utilize DA 60 for placement of non -beach compatible material. Additionally, the change in existing depths from -8' to -6' occurs in the vicinity of Bouys 6A and 7. South of these buoys the project is -8' at 150' wide. North of these buoys the depth is only 6'. Please be advised of this discrepancy within the proposal. 8.) New Topsail Inlet Disposal: The disposal of non -beach compatible material in DA 203 will not be authorized. DA 205 could be authorized for that material, but a consent agreement will be required prior to usage of that location. 9.) Please better define or eliminate the request for proposing nearshore disposal. There are currently no privately available vessels with the ability to conduct nearshore disposal in the proposed locations. Please further define the viability of such a proposal and explicitly state the methodology and construction sequence of this option (dredging method, disposal method, piping, etc.). 10.) The potential for impacts to cultural resources in the project area of the Lockwoods Folly inlet is not addressed adequately in the proposal. The request for deepening the channel beyond what is currently authorized in this location may affect cultural resources. Additionally, the proposal to create a navigational channel within (and potentially outside) of the current federal borrow area of Shallotte Inlet may affect cultural resources not previously considered in the original authorization. 11.) We see the proposal to dispose of material into the near shore system as a trigger for formal consultation with the NMFS Protected Resources Division (PRD) and the U.S. Fish and Wildlife Service due to the new listing of protected critical habitat and species (Right Whale and Loggerhead Turtle). It is our understanding that a more robust Environmental Assessment is currently being drafted that will cover the effects to all other endangered and threatened species. Formal consultations will be initiated after review of that documentation. Thank you for your attention to this matter. We request that you respond to this office within 30 days of receipt of this letter. If you have any questions regarding this letter, please contact Mr. Tyler Crumbley at 910-251-4170. Since C� Dale Beter Regulatory Field Office Chief -5- Ms. Joanne Steenhuis Division of Water Resources North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Mr. Chad Coburn Division of Water Resources North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 July 17, 2015 Tyler Crumbley, Project Manager Wilmington District, U.S. Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 Subject: Towns of Emerald Isle, Topsail Beach, Holden Beach, Ocean Isle Beach, and New Hanover County; SDI-5 Maintenance Dredging Project Action ID Numbers SAW-2014-02004, SAW-2014-02005, SAW-2014-02006, SAW- 2014-02007, and SAW-2014-02009 Dear Mr. Crumbley: This letter is in response to your June 24, 2015 electronic public notice (e-PN), requesting comments on the proposed SDI-5 Maintenance Dredging Project, proposed by the Town of Emerald Isle, Town of Topsail Beach, Town of Holden Beach, Town of Ocean Isle Beach, and New Hanover County. These local stakeholders for five inlets on the southeast North Carolina coast are requesting CAMA Major Permits to conduct maintenance dredging for navigation with associated beneficial placement of dredged material. The inlets include: Bogue Inlet --------------------Town of Emerald Isle New Topsail Inlet ------------- Town of Topsail Beach Carolina Beach Inlet ----------New Hanover County RECEIVED Lockwoods Folly Inlet ------- Town of Holden Beach JUL 2 7 2015 Shallotte River Inlet --------- Town of Ocean Isle Beach„�� The Wilmington District Corps of Engineers (Corps) is processing these permit applications separately. In the e-PN, the Corps indicates that the applicants have proposed to mimic the depths and dimensions of the federally -authorized navigation projects, with the exception of Shallotte Inlet (because Shallotte Inlet is a Coastal Storm Damage Reduction project rather than a navigation project). The applicants have proposed to utilize existing environmental studies and assessments The Corps has made a determination of May Affect, Likely to Adversely Affect for seabeach amaranth, red knot, piping plover, and piping plover critical habitat. The Corps has made a determination of May Affect, Not Likely to Adversely Affect for all species of nesting sea turtles and the West Indian manatee. Service Concerns and Recommendations 1. Any discrepancies between authorized final project depth and actual depths of previous dredging efforts should be clarified. In addition, it is unclear whether all of the inlets have been subjected to stringent sediment analysis at the authorized final project depth. If the applicants propose to dredge deeper than previous Navigation Program or other dredging efforts, sediment analyses should be conducted to ensure that the material above and at the proposed depth is compatible with the proposed disposal area(s). 2. The applicants should clarify the methods for ensuring that only compatible material is placed on the beach and in nearshore disposal areas. 3. Because sand placement activities, even those conducted during the winter, may adversely affect sea turtles, the Service cannot concur with the Corps' determination of May Affect, Not Likely to Adversely Affect for the Kemp's Ridley, loggerhead, leatherback, and green sea turtle. In addition, it is unclear to the Service whether work may be conducted during the sea turtle nesting season. The Service concurs with the Corps' determination of Not Likely to Adversely Affect the West Indian manatee. We understand that the Corps intends to initiate formal consultation pursuant to ESA Section 7(a)(2), and we recommend that the consultation include all of the species listed above, with the exception of the West Indian manatee. The Service appreciates the opportunity to comment on this project. We look forward to working with the Corps during formal consultation. If you have questions regarding these comments, please contact Kathy Matthews at 919-856-4520, ext. 27 or by e-mail at <kathryn_matthews@fws.gov >. Sincerely, et e Benjamin RECEIVED Field Office Supervisor JUL 2 7 2015 May 11, 2015 Ms. Tara MacPherson Field Specialist NC Division of Coastal Management 127 Cardinal Drive Ext. Wilmington, NC 28405 RE: Major CAMA Permit for SDI-5 Maintenance Dredging FILE: 52139 Dear Ms. MacPherson: Thank you for providing your comments in your letter dated April 22, 2015 as part of your review of the SDI-5 Major CAMA Permit Application submitted on March 27, 2015. Attached, please find the SDI-5 Applicants' response to your comments. The permit application and attachments have been updated electronically, and have been uploaded to the following FTP Site: ftn://wwtv.obg_com User name: NCDNR52139 Password: Nc52dNr139 Please do not hesitate to contact me at (919) 987-3054 if you have any additional questions or comments. Sincerely, O'BRIEN & G�ERE ENGINEERS Daniel B. Ramsay, WPIT Scientist 2 Cc: Darren England, NC Division of Water Resources Frank Rush, Town of Emerald Isle Gregory Rudolph, Carteret County Michael Moore, Town of Topsail Beach Layton Bedsole, New Hanover County David Hewett, Town of Holden Beach Mayor Debbie Smith, Town of Ocean Isle Beach Daisy Ivey, Town of Ocean Isle Beach Michael Hall, O'Brien & Gere Attachments: Response to Comments RECEIVED MAY 26YOh RECEIVED DCM WILWNGTON, NC MAY 12 2015 3214 Charles B. Root Wynd, Suite 130, Raleigh, NC 27612 I p 919-987-3090 I f 919-781-4360 I www.obg.com More than Engineering Solutions Ms. Tara MacPherson May 11, 2015 Page 2 ® 201S O'Brien & Gere. All Rights Reserved. Comments received are shown in normal text, and the SDI-5 Applicants' responses are shown in bold italics. COMMENTS RECEIVED IN A LETTER FROM MS. TARA MACPHERSON, DATED APRIL 22, 2015 Permit Application Forms - Form DCM-MP-1: Number 4.(d) - Please provide references for tract elevations if they are not current. The references to the sources in Attachment 3 have been provided in the revised application. Number 6.A - Narrative - please update narrative to include proposed conservation measures for scheduled dredging activities. The key elements of the conservation measures have been inserted into the narrative in 6.A, and the conservation measures in Attachment 6 have been clearly referenced in the revised application. Number 6.F - Please provide notification to the Town of Oak Island for the Lockwood Folly Inlet project if use of the near -shore disposal area adjacent to Oak Island, indicated in Figure 5, is being proposed. Notification to the Town of Oak Island has been provided in the revised application Please see attached additional notification receipts to be added to Attachment 4. Number 6.F - Ensure that all adjacent property owner notifications are updated for proposed beneficial placement areas. The adjacent property owner notifications have been provided for the beneficial placement areas on Figures 2 through 6. Please see attached additional notification receipts to be added to Attachment 4. Permit Application Forms - Form DCM-MP-2: Please clarify total dimensions for proposed excavation in all AIW W crossing areas that have wideners. I The total maintained navigation area for each inlet, including AIWW crossings with wideners, has been inserted into the table at the beginning of Form DCM-MP-2 and onto Figures 2 through 6. The widener dimensions have been added as a table in Form MP-1, Section 6.A. Plan -view drawings of the wideners have also been added to Attachment 3. Please define a maximum project area with dimensions for proposed navigation maintenance excavation in Shallotte Inlet The total maintained navigation area at Shallotte Inlet has been added to the table at the beginning of Form DCM-MP-2, and to Figure 6. Dimensions for the proposed maintenance of a navigable channel in the Shallotte Inlet Coastal Storm Damage Reduction (CSDR) Borrow Area are provided in the table at the beginning of Form DCM-MP-2. RECEIVED RECEIVED MAY 2 6 2015 DCM WILMINGTON, NC i_+:;lua-rat+ t~.It?' MAY 12 %015 3214 Charles B. Root Wynd, Suite 130, Raleigh, NC 27612 1 p 919-987-3090 1 f 919-781-4360 1 www.ohgxom More than Engineering Solutions Ms. Tara MacPherson May 11, 2015 Page 3 0 2015 O'Brien & Gere. All Rights Reserved. Number 1.a - Clarify the maximum amount of material to be excavated in cubic yards for each inlet, AIW W Crossing, Creek or Channel associated with this project The volume of material to be excavated for the purposes of maintaining navigation is entirely dependent on the inlet conditions for each event, and a potential maximum is difficult to estimate. Typical volumes for historical dredging operations have been provided in the I.a. table. Jonathan Howell agreed in an email dated May 4, 2015 that DCM would accept typical dredge volumes in lieu of maximum volumes because the permit will be issued for maintaining the inlets at the authorized depths, not for excavating a specific volume. Number 2 - Please provide fill densities for beneficial placement (you can use previous average and state that it will be event specific, but we need a template). The typical profiles used by the USACE Wilmington District for the AIWW Crossing projects have been provided in Attachment 3 of the revised application. Fill -densities will be event -specific. Jonathan Howell stated in an email dated May 4, 2015 that DCM would accept this approach, understanding the template may change depending on the amount of material there and the preferred placement area of the local government Top or Plan View Drawings Your application must include a drawing(s) showing the following: a Defined template areas for beneficial placement on oceanfront beach areas (i.e., addresses, road names, parcel numbers, etc.). The beginning and ending landmarks have been added on Figures 2-6 in the revised application, and placement areas have been connected so that there are no gaps. in Defined template areas for beneficial placement on oceanfront beach areas including addresses or parcels of adjacent riparian property owners that were notified. The adjacent riparian property owners have been identified on Figures 2 through 6 in the revised application. 9 Maximum areas and dimensions of proposed excavation within Shallotte Inlet (Figure 6). The length, width, and depth of proposed excavation within Shallotte Inlet has been provided in the table at the beginning of form DCM-MP-2 in the revised application. The total maintained navigation RECEIVE13 area is identified in the table at the beginning of form DCM-MP-2, and on Figure 6 in the revised application. MAY 2 2 2015 Uya1�'1-IvJtll.�� SJl-Y Maximum areas and dimensions of proposed excavation including AIW W crossings for all five Inlet areas in order to calculate impacts. The total maintained navigation area, based on the provided dimensions, has been calculated and inserted into the table at the beginning of form DCM-MP-2 and into Figures 2 through 6 in the revised application. RECEIVED DCM WILMINGTON, NC MAY 12. 2015 3214 Charles B. Root Wynd, Suite 130, Raleigh, NC 27612 1 p 919-987-3090 1 f 919-781-4360 1 www.obg.com More than Engineering solutions Ms. Tara MacPherson May 11, 2015 Page 4 ® 2015 O'Brien & Gere. All Rights Reserved. e Maximum areas and dimensions of proposed fill beneficial placement for all five Inlet area oceanfront beaches in order to calculate impacts. The total length of proposed potential beach placement area is provided on Figures 2 through 6, and in Section 2 ofform DCM-MP-2. Typical lengths of individual events are identified on Figures 2 through 6 and in Section 2 of form DCM-MP-2 in the revised application. Additional Information Please ensure that all information throughout the application is updated to reflect any project proposal changes. The information has been updated as appropriate. The conclusions of the supporting studies in Attachment 5 are not changed because of the project proposal changes. The following permit application sections have been updated to reflect the project proposal changes, as follows: e PermitApplication Text -Changes made throughout; as described above. a Figures - Beneficial placement areas revised to connect placement areas. Near -shore placement location at Carolina Beach Inlet revised to 4,800 feet. a Attachment 3 -Added widener plan -view drawings; deleted typical sections from locally -completed beach placement projects (using USACE Wilmington DistHctAIWW Crossing project typical section for each project area). s Attachment 4 -Added waterfront owner notifications. © Attachment 5 -Updated project narrative and figures for Supplemental Biological Assessment, Essential Fish Habitat Summary, Cultural Resource Assessment, and Sediment Evaluation to reflect permit application revisions. RECEIVED MAY 2 P 1015 M+„M-rrlr� �I�Y RECEIVED DCM WILMINGTON, NC MAY 12 20173 3214 Charles B. Root Wynd, Suite 130, Raleigh, NC 27612 1 p 919-987-3090 1 f 919-781-4360 1 www.obg.com More than Engineering Solutions 4CDEHR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Governor Vaart Secretary April 22, 2015 Daniel Ramsey O'Brien & Gere Engineers, Inc. 3214 Charles B. Root Wynd, Suite 130 Raleigh, NC 27612 RE: CAMA Major Permit Application for SDI-5 Dear Mr. Ramsay: The Division of Coastal Management hereby acknowledges receipt of your application for state approval to continue federal maintenance dredging programs, including beneficial placement, at five shallow draft inlets including: Bogue Inlet, New Topsail Inlet, Carolina Beach Inlet, Lockwood Folly Inlet and the Shallotte River Inlet referred to as the "SDI-5". 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. If you are not able to respond within three or five days, your application will not be accepted as complete for processing. Additional information may be required pending further review by the fifteen (15) review agencies. The attached checklist indicates the deficiencies of your application. If you have any questions concerning this matter, please call me at my Wilmington Office at (910) 796.7425. Sincerely, Tara MacPherson Field Representative . cc: Jonathan Howell, Major Permits Coordinator, DCMt Tyler Crumbley, USACE RECEIVED MAY 2s2@5 ?inn rJnx�Rs PAGE CHECKLIST OF ADDITIONAL INFORMATION AND RECOMMENDATIONS FOR PROCESSING APPLICATION 1. PERMIT APPLICATION FORMS Please address the following items: Form DCM-MP-1: a Number 4.(d) Please provide references for tract elevations if they are not current. Number 6.A Narrative - please update narrative to include proposed conservation measures for scheduled dredging activities. ® Number B.F. Please provide notification to the Town of Oak Island for the Lockwood Folly Inlet project if use of the near -shore disposal area adjacent to Oak Island, indicated in Figure 5, is being proposed. a Ensure that all adjacent property owner notifications are updated for proposed beneficial placement areas. Form DCM MP-2: Please clarify total dimensions for proposed excavation in all AIWW crossing areas that have wideners. o Please define a maximum project area with dimensions for proposed navigation maintenance excavation in Shallotte Inlet. O Number 1.a, Clarify the maximum amount of material to be excavated in cubic yards for each Inlet, AIWW Crossing, Creek or Channel associated with this project. ® Number 2. Please provide fill densities for beneficial placement (you can use previous averages and state that it will be event specific, but we need a template). 2. TOP OR PLAN VIEW DRAWINGS Your application must include a drawing(s) showing the following: Defined template areas for beneficial placement on oceanfront beach areas. (i.e. addresses, road names, parcel numbers etc.) ® Defined template areas for beneficial placement areas on oceanfront beach areas including addresses or parcels of adjacent riparian property owners that were notified o Maximum areas and dimensions of proposed excavation within Shallotte Inlet (Figure 6). • Maximum areas and dimensions of proposed excavation including AIWW crossings for all five Inlet areas in order to calculate impacts. o Maximum areas and dimensions of proposed fill/ beneficial placement for all five Inlet area oceanfront beaches in order to calculate impacts. 3. ADDITIONAL INFORMATION Please ensure that all information throughout the application is updated to reflect any project proposal changes. RECEIVED MAY 3 0 2015 TO: Ms. Tara MacPherson DATE: April 9, 2015 NC Division of Coastal Management 127 Cardinal Drive Ext. FILE: 52139 Wilmington, NC 28405 RE: Major CAMA Permit Application for SDI-5 Maintenance Dredging WE ARE SENDING YOU: X herewith under separate cover drawings descriptive literature letters If material received is not as listed, please notify us at once. 1 Hard Copy Permit Application Insert Pages Attachment 4 *Action letter code.- R-reviewed S-resubmit REMARKS: Major CAMA Permit for Dredging Original Waterfront Owner Notification Responses N-reviewed and noted J-rejected I foryourinformation Y foryour approval As requested, we are pleased to provide the attached copy of the permit application for the SDI-5 Maintenance Dredging. Three additional waterfront owner notifications were added to Attachment 4, and are provided for you to insert into your original copy. cc: Darren England, NC Division of Water Resources Michael Hall, O'Brien & Gere J CONFIDENTIALITY Sincerely, p Daniel B. Ramsay, WPrT Scientist-2 O'Brien & Gere Engineers, Inc. This material is intended onlyfor the use of the individual or entity to which it is addressed, and may contain confidential information belonging to the sender. Ifyou are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking ofany action in reliance on the contents of this information is strictly prohibited. Ifyou have received this material in error, please immediately notify us by telephone to arrange for the return of these documents. DCM WECEIVED ILMINGTON, NC APR 10 2015 RECEIVED 3214 Charles B. Root Wynd, Suite 130, Raleigh, NC 27612 I p 919-987-3090 I f 919-781-0360 I viww.obg.wm MAY 2 6 2015 O'GRIEN 6 GERE ' �U:S lP,osfal. 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I X 0 Agent 0 Print,your nameand address on the reverse - ❑ Addressee So that we can return the card to you. - B. gecefved by (Panted Name) C. Date; Delivery I ■ Attach this card to the back of the mailpiece, or on the front if space, permits. t. Article Addressed to: - - D. Is deliveryaddress different firm ftem l? ❑ Yes If YES, enter delivery address below: O No { Hugh and Denise Donahue j 4 Pheasant Lane Chadds Ford, PA 19317 t 3. S Ice ype ACT eitifled Mail ❑ Express Mai i ❑ Registered ❑ Return Receipt for Merchandise i - ❑ Insured Mall Cl C.O.D. I - 4. Restricted Delivery? (Extra Fee) p yw 2. Article Number - - - _ .-_ _ (narrsterfmm service 1ABO 7013 2630 0000 6159 8395 ; i s PS Form.3811;February 2604 _ Domestic Return Receipt _ _ _ _ _102595-02_M-1540 r,a D � o r=1 I• o 0 F. F I C O "A._L JU S ru Postage s , O Ill �{ u Certified Pee v_ ru „,i Postmark O Retum Receipt Feef"� Here O (Endowment Required) P� V � O Restricletl DeUrery Fee O (Erdorsement Required) Ill Tole) Postage & Fees $ (J • D J ra Sent To Robert Hominy, et.al o meet Api r d.; 8008 Fieldstone Drive ......-"""""` or POanx Nn. Frederick, MD 21702 city Smte, ZIP+4 'o p O �' o (OFFICIAL r, nj Postage $ 120ru CeNfled Fee Sop ruPaWark Relum Receipt Fee Hero O (Endorsement Required) er C ResMcletl oe'my Fee N N RECEIVED p (Endorsement Required) RI Total Postage &Fen $ ry MAY 2 6 MIZI FS4S:Uh::iT4-'AWn(qE; James C. Gardner1<p P. O: Box 119 r_anxNo. ArnoldsPart,IA 51331 .--•------ .........Srefe, LP+4 ei Complete items 1, 2, and 3. Also complete -a — item 4If Restricted Delivery is des It ISL a Print your name and address oq (8i&verss---. so that we can return the card d`you. © Attach this card to the back Qf the mail lace, or on the front if space permits. ri7 1. Article Addressed to: 'i Virginia Williamson OIB Holdings, LLC 2 Causeway Drive Ocean Isle Beach, NC 28462 Agent by(Printey Name) `1If. Data ). I eliv address different from item 17 u res If E.- inter delivery address below: 0 No r r'' 3. Sawlce Type ' ) .0 rtifed Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Artick, Numbs - �� f1fi�RIfII t'r+T1tf� +�j�j i ' (Transra1811 February 2 1161 ary9 004 pomestic Return Receipt 102595-e2-M-1540i + PS Fo.+'n �. -- --- - -. ■ Complete items 1, 2, and 3. Also complete item 4 If Restricted Delivery Is desired. .`- E Print your name and address on the reverse so that we can return the card to you. - ■ Attach this card to the back of the mailpiece, .. or on the front If space permits. t 1. Article Addressed to: 1 Clayton J. Vance, Jr. A. Sig alure ❑Agent X ` W"'K. (�`y /I LTi�Addressee I B. Received by (Printed Name) C. Date of Dever ✓vfi✓Lti G-14✓if/� 2 �) D. Is delivery address different from Item 1? 13 Yes I It YES, enter delivery address below: MLNo _ 3500 Ranlo Drive 3. Service Type Raleigh, NC 27612 �Certiped Mail [3 Express Mail Registered ❑ Return Receipt for Merchandise - - -- _ - - ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (EMra Fee) ❑ Yes 2. Mole Number — 7214 1200 0002 2246 5844 (rransler lmm serv,ice labe6' - `i PS Form 3811, February 2004 Domestic Return Receipt _102e95-02-M-1540 ■ Complete Items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. to Print your name and address -on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailplece, or on the front if space permits. 1. Article Addressed to Nancy Glover Cooper Et al 708 East H Street Erwin, NC 28339 2. Article Number Mansfer from service laben i PS Form 3811, February 2004 1 ;I A. Signal e ❑ Agent X phi Addressee e B. Rb rved by (PdntedN C. Dells of Delivery - �I%sJ D. is delive ress different fro nem l? ❑ Yes If YES, enter delivery address below: No - /ED i LEIS r V'%&ertified Mail ❑ Express Mail ; 0 Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? Pdra Fee) ❑ Yes 7014 1200 11002 2246 5837 Deme uc,Return, Receipt 1025e5-02-M-1540 n• Complete items 1, 2; and 3. Also complete Item 4 If Restricted Delivery Is desired. o Print your name and address on the reverse so that we can return the card to you. m Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to Paul M. ET Julie P. Cino 2322 Iris Court Jamison, PA 18929 Signatu r e Name) ❑ Agent �l 0 Addre D. Is delivery address different from item 1? ❑ Ye: If YES, enter delivery address below: 0 No NS!r'Ice Type CfI-Certified Mail ❑ Express Mail C3 Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. ' 4. Restricted Delivery? (Etta Fee) ❑ Yes 2. Article Number - -- - - (Transfer/romseMcetaboo 7014 '1200 0002 2246 58211 1 ,PS Form 3811, February 2004 Domestic Return Receipt 102595A2-M-1540 i M Complete hems 1, 2, and 3. Also complete Item 4 If Restricted Delivery Is desired. M Print your name and address on the reverse so that we can return the card to you. n Attach this card to the back of the mailpiece, or on the front if space permits. -1. Article Addressed to: I I Donald P. Et Elaine B. Scarborough I 209 East Wade Street X l ❑ Agent l dh l91° ❑ Addressee L.8eceipd by (Pdn d Name) 10. Date of Delivery , D. Is delivery addr&s different from Rem 1? ❑ Yes If YES, enter delivery address below: ❑ No Wadesboro,NC 28170 3,$enicerype I'1W.Gerfified Mall ❑ Express Mall . ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mall ❑ C.O.D. r 4. Restricted Delivery? (Extra Fee) ❑ yes. 2. Article Number "! 7014 1200 0002 2246 0153 — (rransfer from serNce taboo -- ', PS Form 3811, February 2004 Domestic Return Receipt - fozse5-oz•M-t540 -- - ■ Complete items 1, 2, and 3. Also complete i hem 4 If Restricted Delivery Is desired. ■ Print your name and address on the reverse so that we can return the card to you. - -E Attach this card to the back of the mailpiece, or on the front if space permits... I. Article Addressed to: Milton Keener 856 Hoffman Road Lincolnton, NC-28092 2. Article Number ' : ' 7 014 1200 (fransfer from servfce faben I PS Form 3811, Febmary 2004 - A S my i ❑ Agent 1 ❑ Addressee B.Receivedb (PdntedName) C. Date of Delive 13 a?vi�'PP�1/o D. Is delivery address different from Rem 1? ❑ Yes If YES, enter delivery address below: CI No RECEIVED 3 S lee Typo _tY 2, 2015 '],Certified Mall ❑ Express Mail ❑ Registered 0 Return Receipt for Merchandise ❑ Insured Mall ❑ C.O.D. 4. Restricted Delivery? (Error Fee) 0 yes 0002 2246 0146 Return Receipt 102595.02-M-154o l I 9 Complete items 1, 2, and 3. Also complete A Item 4 if Restricted Delivery Is desired. . w Print your name and address on the reverse so that we can return the card to you. - - B, in Attach this card to the back of the mailpiece, or on the front If space permits. D 1. Article Addressed to: ' Town of Carolina Beach t L 1121 N. Lake Park Blvd. 3 Carolina Beach, NC 28428 ❑ Agent Name) I C: Date of Delivery Is deliveryaddress different from Item 1T. 0 Yes If YES, enter delivery address below: 17 No erwca type Certified Mail O Express Mall Registered O Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. Restricted Delivery? (Extra Fee) ❑ Yes 2 -Article Number - (rrarrsfertrom.-sarocelabel)'• 7014 1200 0002 2246 0139 PS Form 3811, February 2004 Domestio Return Receipt 1025e5-02-M-15401 — r a e o Complete Items 1, 2, and 3. Also complete A.Si nature _ i Item 4 if Restricted Delivery Is desired.��gent ® Print your name and address on the reverse CCC�iXCC dresses - so that We can return the card to you. B. Received by (Pd led Name) C, Date f Deli ery/ ' ■ Attach this card to the back of the mailpiece; �lOLr`n�[' a �S or on the front if space permits. - D. Is delivery address different from item lT U Yes 1. Article Addressed to: If YES, enter delivery address below: ❑ No Mcleod Family LLC Et al c/o Kathey Renee McCullen 6513 Wakefalls Dr. S. Service Type Wake Forest NC 27587 ` 1Certified Mail Cl Express Mall G7 Registered ❑ Return Receipt for Merchandise , ❑ Insured Mall O C.O.D. 4. Restricted Delivery? lE ons Fee) ❑ Yes ` 2. Article Number— 7014 1200 0002 2246 0115 (transfer from service label) PS Form 3811, February 2004 Domestic Retum Receipt 102595-02-M-1540 e Complete hems 1, 2, and 3. Also complete Item 4 if Restricted Delivery Is desired. ■ Printyourname and address on the reverse so that we can return the card to you. to Attach this card to the back of the mailpiece, - or on the front if space permits.D. A• Sly �jprej �r �tYY//Cgent I - ❑Address B. Received by (Printed Name) lt,(Al? (2 ( C tP Is delivery address different from RAM lT If YES, enter delivery address below: ❑ No t. Article Addressed to; Lea Island, Inc. I NED P. O. Box 1717 Virginia Beach, VA 23451 9. S Ice Type Certill d Man 0 Express Mall ;:., Ui rrrppp Registered ❑ Return Receipt for Merchandise ❑ Insured Mall ❑ G.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number. -- 7013 2630 0000 6159 8418 (Transfer hum service label) - - - - - ----- PS Form 3811, February 2004 Domestic Return Receipt - 102595-02-1540 1 a I N Complete items 1, 2, and 3. A] rn 2' and 3. AlsocomI 6mlate 0 so a A Signs A* Signs Restricted t a d Item 4 if Restricted Delivery Is desired.c Del very. is name M , a r Print your name and address on the verse' and address on thereverse" rse X x so that we cannatunn the card to you. Wece M Attach this card to the back of the allplece, 0 thrn�lj B. b� or on the front If space permits. 1. Article Addressed to: 1, d 'very a .,Is delverjacic If YES, enter i FredJr., EAl B. Graham,--'- Jr E Al P. 0 Box 3302 'Wilmington, NC 28406 3-krWce Type I "Ceriffiled M Registered '3 A" 13 Addressee a ed 'y ECD ' of LI11" 'd different 't from Hem 1? 0 Y's 'y below dress C3 No E3 Express man 13 Return Rewipt for Memhandi,, El C.O.D. 14. Restricted DellVery? Xdm rq -7 13 yw Article Number - : ! . .— . -- - -- ffimsfer fro;n ser0ce Jabe'o 1 7014 1200 0002 2246 0122 Form 3811,. February 2ou4 —Domestic Return Receipt 102595-02- i N Complete Hems 1; 2, and 3. Also complete i Hem 4 If. Restricted Delivery Is desired. - 1: 0 Print your name and address on the reverse so that we can return the card to you. M Attach this card to the back of the mail piece, or on the front if space permits: 1. Article, Addressed to:. Town of Oak Island i 4601 E. Oak Island Drive Oak Island, NC 28465 A. Signatum X CS q Agent 1 0 Addressee B. ecelved by =(PtintedoM of 0, Date of Delivery I 19*Zle- I zz-s2b-15 1. D. Is delivery address different from Rem I? C3 Yes If YES, enter delivery address below. 0 No 3. Service Type C3 Certified ma, 13 Express man C3 Registered 13 Return Receipt for Merchandise 4. Restricted Delivery?.(Extra Fee) i i. Mole Number -711141211T 0002 -2246 -5868 PS Form 3811, February 20134 DOMeWG Retum'Recelpt, 1136stal, ServicqiT-m UNTAREI-) _nc. ail qr�jk; N:q 1ns1rrance'Qovera9e7PrQWde4): CIO '-.-0. FL COAL Y S E ni I Postage 6q .1 Fc� Certified Fee ru M C3 1,11,F (Endorsement Required) .1 C3 kled D FOG Ras' G'74Z= (End. I Required) M nJ Total Postage & Fees -1, 5-re To Town ofOak Island 4 C3 -------- AFI--N --------- 4601 E. Oak island Drive — - - ------- suest t o.; 171 Orposuivo. --.- oak island, NC 28465 M Yes 102595-02-WI 1 RECEIVED MAY 2 6 2015 p61V,-LV1riW.L'U-U RECEIVED 04 WILMINGTON, NC MAY 12 9015 : a Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. ® Print your name and address on the reverse so that we can return the card to you. IS Attach this card to the back of the mailplece, or on the front if space permits. - 1. Article Addressed to: James C. Gardner P. O. Box 119 Arnolds Park, TA 51331 Agent B'•v'R�ecPd tPdntedName) C. Date of Delivery i D. Is delivery address different from item 1? ❑Yes If YES, enter delivery address below: 13 No f i i 3. Service Type _ eAffied Mall ❑ Fxpmsy Mal ❑ Registered ❑ Return Receipt for Merchandise ❑ insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) Yes 2. Article Number � i.:_ ._.., _ .... ._.. ... - . (imnsfer fmm saw1w rabeq 7014 1200 0002 2246 6001 1' : i PS corm 3811, February 2004 Domestic Return Receipt _ 1025e5-02-M-I540 E to Complete items 1, 2, and 3. Also complete A Signature Item 4 if Restricted Delivery Is desired. - R Print your name and address on the reverse X ❑ Agent so that we can return the card to you. ❑ Addressee ! ■ llplebe Attach card to the back of the ma, B. Received by (PdntedName) C. Date of Delivery or on the front If space permits, 1. Article Addressed to: D. is delivery address different from Rem 1? ❑ Yas If YES, enter delivery address below: ❑ No Thomas and Paula Stout 1390 Braewick Drive Morganton, WV 26505 Mall 0 Express Mail d 0 Return Receipt for Merchandise MR ❑ C.O.D, 4. Restdcterl Delivery? (Extra Fee) ❑Yes 2. Article Number - -- (rmnsfSCfmmsendce r-„ban 7013 2630 0000 6159 8401 OA ❑ INSUFFICIENT ADDRESS c 'I] ATTEMPTED NOT KNOWN ❑ OTHER ID NO SUCH NUMBER/ STREET S ❑ NOT DELIVERABLE AS ADDRESSED - UNABLE TO FORWARD NIXIE 000002070-1N 03/26/15 RETURN TO BENDER UNCLAIMED UNABLE TO FORWARD RSTURN'TO BENDER IILJ611116LJIItIIIIiflLtlltLttllirrlflrtllirtllltirllrltllirtlll nECCIVED 1VAY S S 10)y N-1540I "A'4-1H0 '�ECen:r: 111Ar R., hr.t• RECEIVED DCM WILMINGTON, NC NPIl �r`;, 2015 a s. o Completehems'1;;2, and 3. Also complete Item 4 if Restricted Delivery is.desired. to Print your name and address on the reverse so that we cad return the card to you ` ® Attach this card to the back of the mallplece or on the front if space, permits. zt 1. Article Addressed to: 't 8008 Fieldstone Drive f Frederick MD 21702 + A. B. Re WeOby;(PAnted Name) O.:Dat of ivery j 3 30. , I D. Is delivery address different from item 17 ❑ Ye 'i If YES, enter delivery address below: ❑ No 3 i i - - ' 3. Service lype _ ❑ Certified Mail O Expreas Mail O Registered ❑ Return Receipt for Me chard se -❑ Insured Mail ❑ c.o.o. - - .• A. Restrict Dellver1?..(& ra Fee) � Yes 2.:Adicle Number (rmnsfer from service label 7014 1200 0002 2246 6018 Ps Form 3811t February 2004 _-Domestic Return Receipt _ - 1az5sso2M,lytu RECEIVED NIA 9 ra ?,r; 1?11-AINWI`RP L-jj', DCM WECVED ILMWO ON, NC AN 10 2015 I`I�`t=Et 5(:�HCUULt DCM OX. DWQ % Development Ta Fee 14300160143510009316256253 2430016024351000952341 1. Private, non-commercial development that does not involve the filling cr excavation of any wetlands or open water areas: $250 100% $250 0% $0 IL Public or commercial development that does not involve the filling .or excavation of any wetlands or o en 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 A lies: III(A). Private, non-commercial development, if General WaterQuality Certification No. 3490 - See attachedcanoes lied: $250 _ = 100% $250 0% $0 III(B).'Public or commercial development, if General Water Quality Certification No. 3490 See. attached can be lied: $400 -100%1 $400 0% $0 III(C). If General Water Quality Certification No. 490 (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 oraquatic life: $400 1 60% $240 40% $160 III(D).-If General Water Quality Certification No. `o 490 see attached):cannot be applied: $400 66%- $240 40% $160 IV. Development that involves the filling and/or excavation of more than one acre of wetlands:. and/or o en water areas: $' 4Z5 606/.$285 40% $190 RECEIVED MAY 2 61Ui5_ DENR CAMA Dail Check Lop for WIRD Date, Deposl Received fed ,4/7@015 A 215 Cheek From Name HowinglonlRmpeNes LLC Name of Permit Holder Cheek Number Check ._..._ 4/1/201542.15. -' .�....M.., ,.. .c.a.:.^ JRWR2DVJ INC same _ _a 'i:�BB -�"—" -- .Vendor BT .... :..- ,•1275 amount Permit Number/Camments Rehrnd/Realloca[ed 4/2/2015 4,7.15 Money order for Brandon Grimes Mone order for. Brandon Grimes - Tom Donne Psides Welfare Pmnda Welfare _-.,.Y- First Bank - - Wells Fargo Bank 20362 --$100!00 $200:00 mmorfee, 23rdAve TB, Ons'�"'refund,requested4615_„ GP 65136D .. GP 65169D 1 012 lus $200 cmdM1i f - " " 4/2/2016 4.7.15 �'S9747265700 $400:00 4I2/2016 4.7.15 Mone .order for Brandon Grimes •: Christopher, Lemmons Wells Wells Fargo Benk 59747265090 $400.00 seeabove entry .. 4/2@015 4;7.15 Mone orderfor Brantlan Grimes Carolina Medne Construction, Inc. ,.. JemiaBlack - Walker @$2008.Keha a $400 Fa oBank r9 Walla Fe o Bank 59147265111 59147265408 $200.00 GP 65168D ,. 4/2/2015 4,7.15 $400.00 GP 65175D 4/6/2015 4:23;15 MaA L Dalen Matt Reinhardt First Bank - 9560 $600.00 GP'65173D 8 GP 65172D 41612015. 4.13;15 4/8/2015 4.13.75 Charles Riggs antl Associates Fred or Sylvia Bums The Peninsula at Topsail.lslantl BB 8T First Citizens Bank - 2736 $200.00 P f1 Gor 215 N. Shore, Sunset h Bc-t- • 4/8/2015 4:13.15 ,. - Vamams Docks.8 Bulkheatla lnc Coastal Marine Piers Bulkheatls LLC -- - Nonh Galleoo-Ba .Owners Assn. _. John S. Casa III Willard BuHkin B.Kevin.Dolan 73975 555 $100.00 mod fee, MP 39-09 -- 4/9/2015 4,13 15 86;8T $100.00 renewal fee, 97.09 1 6981 $200.00 GP 65179D ..- 4/9/2015 4:A3.15 Oouhle SjFarms Klm Quinn � O'Brien 8 Gere Engineers, Inc -- g' ". Jetter Lewis eame - `..Firs) SDI 5 inlet maintenance and dredging Wellspargo Bank First Bank Citizens Bank 20060 AIM 7144 $400.00 :.$250.00 - $475.00 GP 65180D 8 GP 65181D $200ea majorlea,.BrCo. majorfea,. PN0 I - 4q/2015 4.13:15 .4110@015 4.13:15' - .4/1012015 4.23.15 Beam -Associates ' - Sea Mist Camping Resort; Inc. - MBT Bank - 187288Go $475.00 majorfee,.5lnlew,.irn Countles 4/10/2015 4.23.15 4/10/20154.23.15. Town of Holden Beach. Town of Holden Beach' same Holden Beach Harbor Maintenance; dretlge) - BB 8T BB 8T 4790 - $100:00 mad fee,. MP 162-09 _ $700.00 renewalfee,.MP 40.05 same Harbor Acres, pledge)27366 BB 8T fee, MP 128.90 _ ,. .._ 27370 .; $100.00 renewal rDWTown of Emerald Isle Attn: Frank Rush, Jr., Town Manager R Permit N 19981292 V2 July 20, 2015 Page 3 of 4 All mechanized equipment operated near surface waters or wetlands will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permitee/contractor shall immediately contact the Division of Water Quality, between the hours of 8 am to 5 pm at the Wilmington Regional Office at 910.796.7215 and after hours and on weekends call (800) 858-0368. Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC 02B .0200 (3)(f), and GS 143 Article 21A]. 9. Fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200 (3)(f)]. 10. This certification grants permission to the director, an authorized representative of the Director, or DENR staff, upon the presentation of proper credentials, to enter the property during normal business hours 15A NCAC 02H.0502(e). 11. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant and/or authorized agent is required to return a completed certificate of completion form to the NCDENR DWR 401 and Buffers Unit North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699 within ten days of project completion. The certification of completion is available at: http://aortal ncdenr ora/web/wq/swp/ws/401/certsandpermits/apply/forms). Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form maybe obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00 am and 5:00 pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Town of Emerald Isle Attn: Frank Rush, Jr., Town Manager DWR Permit# 19981292 V2 July 20, 2015 Page 4 of 4 Mailing address for the OAH: If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DENR: Sam M. Hayes, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions, please contact Jennifer Burdette in the Central Office in Raleigh at 919.807.6364 or Jennifer.BUrdettetn@ncdenr.gov Joanne Steenhuis in the DWR Wilmington Regional Office at 910.796.7306 or Joanne.Steenhuis@ncdenr.gov. Sincerely, Jim Gregson, Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDENR Enclosure: GC 3900 cc: Daniel Ramsay —O'Brian & Gere Engineers, Inc. —electronic copy Tyler Crumbly - USACE Wilmington Regulatory Field Office — electronic copy Tara MacPherson —DCM Wilmington Jennifer Burdette — Wetlands and Buffer Unit Doug Huggett - DCM Morehead City —electronic copy WiRO 4` 'a � •y j' 9 At'}j'+�.�v .P( � _ .' Y F'd h . '' , •. • • y�"�`e.. ' `?.Xr R4 a .. • "z �-•`.'s N. .- �� .•A,,. Y:F�` *,' s,G c}"2 �d g a _ a. • ,� . �, � s cam,' ".t e:, x �L _ • s. � i2 . alp , s'� °"}y ate,*., o �-...w � s4 "S ° • +tih+c�'.J' = 1 . • • _ � � } _ ��.r _,,r ,�3 am yv�+r �� y.�� z'x ffi �� y� s uy _. �.�.^�. � 4 p��y*„'a� : �+� _' � �'..-t �, 1 °�• " R,'� '°- a •:�". �.. a ° ,• _ . ° ` ,� 4�'�; ° I,�' .� i S�,✓T � �B 16.".� .�=�s .cu�'•t i'F©�E`inel85� •�� �A-Bz� 4• _ -r=S Y •.i� +� ysf�.1V' z. �h;��,_.t-. 'fjY` a.^ •ma,B.i ; a` fir,+ _,.CSB .r-".� ,y_•'"-_ *. «�`: R F > ' °,tea � 1 ,r € .: o. .� • a y� +_ •�' t. -'S* e, i'. i, i ,�:" Y � m _ + +iBF,,�y r3 dsOt M. _.}'s yy e `$/ e ° i. a s^' .sw . •. .iti��-a.: "'� }F� a 'va. �' -vui „B+' � '�. �,- 1 _' . �_ -F., � „s.v-s a x f-th� •yl •` E T _.h'..S ° a+iTa'��-� .FQ y �j � ll r 's y} • 1 fY " >•' 4 v n e ..s .� . '� a s7. '. ° 1 *. v"�� '� N' ' �y' .-rtsitY} 'ii yU" a � ra � � a •� ^ a r # _ •`ram.` ` ; � �_� �fY;-*"��i #� Ay� }• �� ti�� a�° ���� e . AL �« ZVZ.Jl7I . �y2xu n4 " • .. r� • ) '�r ice- • • jP. . v _ u • y •A. v 1 1 � 1 • 9 C4/� L�l.' ��1�N �B IIWv�B oNB.AJII i° LAG Via, B asap Bo oaaB A B C D E F G H ATTACHMENT 3.1 sF ITEM #2 OF 8 us IIof ; ClfCN miENoroeem 6 +e_I. N 341,665.3 + + - + y 3s.eR - E 2,570,965.2 •A,+°,°.i a §a:a M°�•,A CENiEPLINE "\ o?ro• " A �j1aL_ .i.aii c..T �.i.T �`.ni?_, • _ _ 26.66 _ y,yFl Y. ..aya,`_...., ,� ""o-•t"'•'-....i•�-i, - ,. ?,,, '•c?.. ry, N 341.239.8 e.�, _.,. Y '-.. le. E 2,574,015.6 CENTERLINE ee N 341.218.0 E 2,573,824.7 •.., 5 • - __ ., .. .a. ` C -nsn�.'+a. , , _a ...,as,n a, ..d.v _a _,a .a 0i00 3t4� .'^ n,a _ .x. .x.e SA"" 'x•`S_ �^.�v N 341.527.0 a. ._ .A�� — .pt..?a a E 2,570,943.E a CTION. 'F _—TANGENT -__------- `s'n. , --, --___ __--- — SECTION -- _ TANGENT "r BUOY' . CHANNEL PRISM LINE G n + o + N 341,150.4 50'VIOENEF E 2,574,02.574,025.8 N 341,076.8 E 2,573,821.7 160.00 ,y 4 1628249 S$a � a e 3 3 � �o owl z w� + + + + zoo z0z o- N 2 NOTES ¢5 I.SOUNDINGS ARE EXPRESSED IN FEET AND TENTHS AND REFER TO LOCAL M.L.W. Cy€ z0 2.PROJECT SURVEYED 16 JULY 2013 WITH DISTRICT SURVEY VESSEL "CAPT WALT". USING s�PT 3 !i i." LEGEND - �'�J � _ OL RTK CPS HORIZONTAL POSITIONING EQUIPMENT AND 200 KHZ SOUNDING EQUIPMENT. ` YI- Uz ""�•i1i "� C!IV r 3. TIDE GAGE LOCATED AT: BCN s45. 6 NAILS (BEAUFDRT DATUM) AREA TO BE DREDGED 1o� 4.HORIZONTAL DATUM NAD 1983. VERTICAL DATUM BEAUFORT. ZZ SOUNDING"`�m jF 5.THE INFORMATION DEPICTED ON THIS MAP REPRESENTS THE RESULT OF SURVEYS MADE ON THE DATE INDICATED AND CAN ONLY BE CONSIDERED AS INDICATING THE tP U' w ^a Yy- mN M. L.W. GENERAL CONDITIONS EXISTING AT THAT TIME. {7 / * NAVIGATION AIDS it l-IoEidlctvvi"15M ruwvaaE &NAVIGATION AIDS LOCATED BY SURVEY VESSEL. ACCURACY +/- 3 METERS. g.'g 'E.z OYEROEo. 1 DESCRIPTION EASTING NORTHING 1 FE-NSO TIEPIN E rt;n 3VARIES BCN # 45 2573989 341119 CAN # 5A 2571526 341440 SCALE: 1:2000 za0 i� O 1. zoo 300 BCN a 46 2570509 341834CAN :NUMBER JCT BUOY 2572759 341224 SCALE IN FEETTYPICAL DREDGING SECTION 7. FOR LOCATION OF DISPOSAL AREA SEE PLATE C-2. N01 10 4PLE QF7 h. f 1 WAYPOIN n I I ' xx uxo]vB aezx t/OLtt]'W N39HKAA0 u1 ]r M'ei61 e'll l01'Q TO'E]xeP V+ 4rM1r. S xtl0013 REwe ' Lu ]tetexax IGnd rr pas°L•w J x ZUVO Y JR ee _Ldudn 4NRew �: , LEGEND MatmgnO Project D4PW Chen00 ) s b YI t w.•. �, .„ �Lr a AIDS TO NAVIGATION k Cgn Nun 11,E ,nY Air V J s -ca•'4 Lb, s''" • Y<- E " GILighted BOGY 0 y Y T'+' „ttOy -". ;flu_ cx4"r"}y\*A Q Rea Lighted BOGY 8 Junc54n Mdne/ Q Gxden Mehl it a 'FY'r hwN n41 �kH Y Red L91d 4tS -Aw,"i`•"�t=."",'�"x...,.-'m':3`�,�wai 'i"h1,e`,�to. Y.L3„�"OrS"hi... aC.'•.- w. , - } N5 p Gletn DdYOwwn 1 A.,-,�,� I ,.�+� -f� 3��Y�}e �, "n � Red DerNevwn � �c'�n,����•> n+; +??i�i Q DwOersgA � MIIeb00N 0 naP Ghee r f,a.. eu.C-y�^�yryTM'-.'St• St 1 .,� 'e. DEPTH IN FEET � I,S,'y=K�-.s.k�A"`w�n�^ xEw•�y�� r iC'"aw'�.�, �°, 4 end Sh.11 1 ®e'4 7.0 1 -28-7 = ' 10.ey' `K. 12-10 A yy jW 14-12 L. I6-14 1"h+F,ks"t^Mk'+egv"''kd5avN"SACx''N'-i5Kv. +'JY.1 Lul^�.#Y 15 eM CIA,, �4'tl+.•.t'"k" e ""' tvw x�c' 't'�."s?.+' rv�`s e�'.,a 'A+w NOTES: 'y L ELEVATIONS ARE IN FEETANO TENTHS AND REFER TO NOM'S REPORTED MCAN LOWER LOW WATERROLUN) RELATIVE TOTHE 1903-2001 TIDAL EPOCH. R 4 Z. PROJECT SURVEYED WITH GIBTRICT SURVEY VESSEL•CAPTAN WALTO BN SWART•. USING RTK OPB HORIZONTAL POSITIONING EQUIPMENT AND 200 KIM BOUNDING EQUIPMENT, pA1 3, HORI20NTALOATUMNADIN3 VERUCALOATUMMUL.W.. f 4, TIDE GAGE LOCATED AT. LT45 f USE OFTOE VALUES FOR THIS GAGE ME RESTRICTED TO QUALITY ASSURANCE PURPOSES FORVERIFICARON OF RTK IDES. THE WILMINGTON OISTNOTWILLMLY WE STAFF GAGE TIDAL VALUES FOR FINAL MAPPING AND OWNRTV CALCULATIONS If RM OP818 UN. ' AVAILABLE AOTHE TIME OF SURVEY. t S.TO PROJECT FEN ENGINAS EERS, THEDBYTHELNLMINOTON TURES NDREGIICTOP HRATION NV CORPS OF ENGINEER& THE INITIALSAN0BI0NATURE8M0REGIUMENYSI Y DESIGNATIONS OFINOIVICWLBAPPEARONTHESE PROJECTDOLUMENIB WITHIN ll THE SCOPE OF THEIR ELIPLOY14ENTAS REQUIRED BY ER1IS-14152. e. THE INFORMATION DEPICTED ON ITS SURVEY MAP REPRESENTS THE RESULTS OF SURVEYS MADE ON THE OATES INDICATED AND CAN ONLY BE CONSIDERED AS INDICATING THE GENERAL CONDITIONS EXISTING ATTHAT TIME, THESE CONDITIONS ARE SUBJECT TO RAPID CHANGE DUE TO SHOAUNG EVENTS, A PRUDENT LIARINER SHOULD NOT RELY EXCLUSIVELY ON THE INFORMATION PROVIDED HERE. REQUIRED BY 33 CFR 201 `E J. NAVIGANONAIW LOCATED WITH DISTRICT SURVEY VESSEL, ACCURACY H. 3AIETERB. j 8. FOR THE MOST UP TO DATE INFORMATION PLEASE CHECK OUR WEBSITE AT. t VIWVISAWUSACEARM II n iww HYDROGRAPHIC SURVEY U.S. ARMY ENGINEER DISTRICT CORPS OF ENGINEERS WIILMNryryrypryGTOOIN. NORTH Eyp��q.[q]] GII ET BAR OOGUE INLET. 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YV NM63ldPN N.Jv4z4'ry &e l w .]o] aaumv Ewnso wrzs mtso]sav+ ]r"x cx FbI W poN00 xNAextl Y.L'JeB A11M ]I't]BM1 PW N']91p$IYN fix I 1f ) ) pJF4 k ' "L 11 x zerwv AT ]I•NL16]N'N ... xr•6'I NUW W 1 : 3,600 & 23. 2014 SURVEYED BY: CRP, JBG "c^-""` SURVEY DATE(B): JULV 70, 11, 22, Cliriorot 40.:, MAP DATE: JULV 28, 2014 MAPPED BY: MBA .. ,. DDBIGW CG3 1 MAP SCALE: t : 3,800 �j VMFILENAME: BOBUe Inlet IMAGERY DATE:APRIL 27.201402014-OIGITZ&OHitiNC. BOGUEIMET_BAR201401-22CR_OREDOE.MX IIERALD � Y; i4 my 1 SGry I;,46.n July 1d B 11 TO id °r 11 �,A d'rl J$MNByf 0 rIneo LOIA. N-O;A ep' W v zn4Ns AT nN,.F.NPN M. H•B'B LON:rrOYB'W US Army Corps of Engineers Wilmington District ATTACHMENT 3.1 ITEM #5 OF 8 i.. p -1 " E..�r.,UE, bPl"�C49E4TL ( .. n.. !1 A J.11i r (.. iY $EC ION I` 1" t,t PRAL in . M r.l%M�i v sR.r�a,� I r haON - ___ - ,t..,�11; r Ow w ''� N•T L.� Ni r '��,�d x �V � r irf q- yE�' -�BFt CFR ,r TA'iV�FNT�yG' r-r; J j me v 'lY '"^ I r BFT•DPR l31lT-0°� r µ r;t 111 1 M y� r+t�¢� �. g 1 i I • .. ..., ry,,. s Y.'}J# ""h'17 �I A 'B' ,+L ,Ny41 r,�dd li0 srl j 44,u"�"„p�^i F BFl CIRRIWIT0 iN TG£ n WVtlO1 I r,,.. ' IMuir::il�al>M"r��.L2,W�R�it4pJ3L.b �U.�.�Mxaen., WIT tl2 r SECTION 1 - TANGENT F NAVIGATION AIDS Nun Green uanleae oy 1' „ ryy * *y! e 5 x • r ., �P+S `-'nw \I d+ 5 Red L19Med Bum PK w� h JunNon Melva,t GraenLIONI r4 F. V>1n61 YI " t . 1�1 kTM1V `1 ¢'ip"➢I'jk 1� �;�ul wYS� ".`mLl 1 RedLNM x4 4M.loiiuwion e.�di At '+-d ql�N+ .* p,I,o •dP l§ m Green Durban. 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