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HomeMy WebLinkAbout68-16EMERGENCY NC State Ports AuthorityClass Permit Number 68-16 ? STATE OF NORTH CAROLINA Department of Environmental Quality and I Coastal Resources Commission V e r tu tt for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 t wC Issued to North Carolina State Ports Authority, P.O. Box 9002, Wilmington NC 28402 j Authorizing development in Brunswick County at within the Horseshoe Shoals segment of the 1� Cape Fear River Shipping Channel, as requested in the permittee's application dated 6/14/16, including the 1 dated 6/10/16, 1 dated 6/1/16, and 1 dated received at DCM Wilmington 6/14/16. . This permit, issued on June 16, 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 oe suolect to tines, imprisonment or civil action; or may cause the permit to be null and void. Agitation Dredging 1) Unless specifically altered herein, this Major Permit authorizes the emergency one-time agitation dredging event that is expressly and specifically set forth in the permittee's application dated 6/14/16 and workplan drawings (3) dated 1 dated 6/10/16, 1 dated 6/1/16, and 1 dated received at DCM Wilmington 6/14/16. 2) All agitation dredging activities shall only be conducted during falling tides. 3) Agitation dredging shall not exceed -44 feet (42 feet authorized dredge depth plus 2 feet over dredge allowance) below mean lower low water (MLLW). In no case shall the depth of agitation dredging exceed the depth of connecting waters. (See attached sheets for Additional Conditions) + . This permit action may be appealed by the permittee or otherqualifiedpersons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. i`-• x, , ' All work must cease when the permit expires on Signed by the authority of the Secretary of DEQ and the Chairman of the Coastal Resources Commission. Braxt6 t Davis, Director Ai�vision of Coastal Management This permit and its conditions are hereby accepted. 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. Signature of Permittee North Carolina State Ports Authority Permit No. 68-16 Page 2 of 3 ADDITIONAL CONDITIONS 4) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant shall implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/nc- es/mammal/manatee_guidelines.pdf. 5) 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 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. General 6) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee shall be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the obstructions caused thereby, without expense to the United States or the State of North Carolina. No claim shall be made against the United States or the State of North Carolina on account of any such removal or alteration. 7) This permit does not authorize the interference with any existing or proposed Federal Projects and the permittee shall not be entitled to compensation for damage to the work authorized herein, which may be - caused by or result from existing or future operations undertaken by the United States in the public interest. 8) The authorized activity 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. 9) 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. 10) The permittee and/or his contractor shall meet with a representative of the Division prior to project initiation. NOTE: In order to ensure that similar future events do not threaten the operational capabilities of the State Port Facility in Wilmington, the permittee is strongly encouraged to expedite efforts to develop and implement a proactive long-term solution that addresses future shoaling issues within the project area. The Division of Coastal Management will offer any assistance possible to help achieve this long-term solution. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required, including authorization from the United States Army Corps of Engineers and North Carolina Division of Water Resources. t=- _ _: �._._..v. _. . NORTH C OLINA PORTS June 14, 2016 Doug Huggett Division of Coastal Management 400 Commerce Ave. Morehead City, NC 28557 Re: North Carolina State Ports Authority RECEIVED Port of Wilmington Dredging of Cape Fear River — Horseshoe Shoal JUN 16 2016 Emergency Permit Request DCM- MHD CITY Dear Mr Huggett: The North Carolina State Ports Authority (NCSPA) is requesting an emergency CAMA permit to perform bed leveling in the Horseshoe Shoal segment of the Cape Fear River. The bed leveling will be performed by using a beam to knock off the tops of the finger shoals that have developed in Horseshoe Shoals. The beam will be attached to a cable and wench system as to perform the work to the precise depths in the area. Surveys of the area will be performed upon completion of the work. The Horseshoe Shoal segment of the Cape Fear River has not been dredged by the US Army Corps of Engineers in approximately 5 years. The authorized project depth in this area of the river with over depth is 42'+2', but recent surveys in this area show many areas are currently at 39'-40'. The Cape Fear River Pilots have indicated that due to the shoaling in this area, a draft restriction of 37' for the Cape Fear River is imminent. This depth would prohibit the larger vessels to transit the Cape Fear River to the Port of Wilmington. The international shipping business is changing rapidly with companies migrating to larger vessels in response to the June opening of the Panama Canal. The NCSPA is expecting the arrival of the larger vessels starting on July 1 for one container service, and August for another. It is very important for this area to maintain the authorized project depth in order for vessels to arrive and depart in a safe manner. If the vessels are unable to arrive and depart in a safe manner, the NCSPA is at risk to lose vital business opportunities which not only affects the NCSPA, but is also detrimental to the State as a whole due to the revenues generated from these customers who could potentially be 10�6 RECEI 0cm \NILt•9lt`GTCN. NC JUN 14 W6 North Carolina State Ports Authority • 2202 Burnett Boulevard • PO Box 9002 • Wilmington, NC 28402 • www.ncports.com NORTH CAROLINA PORTS Because of the noted conditions and circumstances above in the Cape Fear River, the NCSPA is requesting an emergency permit to allow bed leveling in the Horseshoe Shoal section of the Cape Fear River. For your reference, I have attached the most recent USACE survey and a location map of the area. The North Carolina State Ports Authority appreciates the Division of Coastal Managements attention and consideration regarding this effort. If additional information is needed, please contact me at 910-251-5678 or via email at todd.waltonAncports.com. Sincerely, North Carolina State Ports Authority Todd C. Walton Sr. Environmental Analyst RECEIVED JUN 16 2016 DCM- MHD CITY RECEIVED r)CM WIUAINGTGN, NG JUN 14 2016 North Carolina State Parts Authority - 2202 Burnett Boulevard - PO Box 9002 - Wilmington, NC 213402 - www.ncports.com Project Narrative The North Carolina State Ports Authority is requesting a permit to perform bed leveling in the Horseshoe Shoal segment of the Cape Fear River. The bed leveling will be performed by using a beam to knock off the tops of the finger shoals that have developed in Horseshoe Shoals. These shoals have a peak of 38'- 40'throughout the area, with deep valleys in between that have depths in the 42'-46' range. The beam will be attached to a cable and wench system mounted on a barge being pushed by a tugboat as obtain results that will have precise 42' depths in the area upon completion of the work. The beam is approximately 30' long. It will be tied by 4 separate cables and suspended from the barge via a pulley and winch system. Because the areas that need to be leveled are fairly narrow, the beam will be suspended to depths that will just push the material off of the tops of these peaks. The material in the Horseshoe shoals area is sandy so we do not expect very much migration of disturbed material from this area in the river. We anticipate that the material that is disturbed by the bed leveling process will be moved/ disposed of in the adjacent deeper areas within the Horseshoe Shoals section of the river and remain in the shipping channel. Calculations from recent surveys estimate that there is 100,000CY of material in the area to be leveled. The bed leveling will be done on the falling tide. We anticipate that the work will take approximately 7 days to complete. Throughout the bed leveling effort, the tugboat operator will be monitoring the depth in the area he is working. If after several passes, beneficial results are not observed, the bed leveling work will discontinue. If after several passes the results show that the bed leveling is successful, we anticipate 7-10 days of work to complete the entire process. After the work Is complete, the area will be surveyed by a third party. RECEIVED JUN 16 2016 DCM- MHD CITY REC.E- VED DCM WILt•AINGTGN, NC JUN 14 2016 gem MP-1 APPLICATION for Major Development Permit (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) North Carolina State Ports Authority BED LEVELING OF HORSESHOE SHOALS Applicant 1: First Name MI Last Name JEFFREY E MILES Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City rNC P.O. BOX 9002 9002 Wilmington ZIP Country Phone No. FAX No. 28402 USA 910-343-6430 ext. 910-343-6237 Street Address (d different from above) City State ZIP 2202 BURNETT BLVD Wilmington NC 28401- Email jeff.miles@ncports.com 2. AgentlContractor information Business Name RE North Carolina State Ports Authority Agent/ Contractor 1: First Name MI Last Name TODD C WALTON Agent/ Contractor 2: First Name MI Last Name - DC MM"D CITY Mailing Address PO Box City State P.O. BOX 9002 9002 Wilmington NC ZIP Phone No. 1 Phone No. 2 28402 910 - 251 - 5678 ext. ext. FAX No. Contractor # 910 251 5686 N/A Street Address (d different from above) City State ZIP 2202 BURNETT BOULEVARD Wilmington NC 28401- Email RECEIVED TODD.WALTON@NCPORTS.COM OCM WILPAINGTON <Form continues on back> JUN 14 2016 252-808.2808 .. 1-888-4RCOAST .. www.nccoastalmanagement.net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3- Project Location County (can be multiple) StreetAddress State Rd. # BRUNSWICK HORSESHOE SHOAL Subdivision Name city State Zip N/A NEAR SOUTHPORT NC Phone No. Lot No.(s) (d many, attach additional page with list) 910 - 251 - 5678 ext. I I r , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project CAPE FEAR CAPE FEAR RIVER c. Is the water body Ida tilted in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural []Manmade ❑Unknown CAPE FEAR RIVER e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ❑Yes ®No work falls within. NA 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.fl.) N/A N/A c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or N/A, I I NWL (normal water feveo (if many lot sizes, please attach additional page with a list) N/A ❑NHW or ❑NWL e. Vegetation on tract CAPE FEAR RIVER f. Man-made features and uses now on tract PROJECT LOCATED WITHIN THE CONFINES OF THE CAPE FEAR RIVER SHIPPING CHANNEL, CURRENTLY DREDGED ON AN AS NEEDED BASIS BY THE USACE RECEIVED g. Identify and describe the existing land uses ad acen to the proposed project site. J U N 1 s 2O 16 Disposal Area #4, UPLAND DREDGE DISPOSAL SITE owned by Duke Energy MHD CIT h. How does local government zone the tract? L Is the proposed project consistent with the applicable zoning? NA (Attach zoning compliance certificate, if applicable) ❑Yes ❑No ®NA J. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes ®No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA If yes, by whom? 1. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ®No ❑NA National Register listed or eligible property? RECEIVED <Form continues on next page> OCM WILMINGTON, NC JUN 14 2016 252.808-2808 :: 1-888-4RCOAST :: www. nccoastalmanagement. net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? Elves SNo (ii) Are there coastal wetlands on the site? ❑Yes SNo (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes SNo (Attach documentation, if available) n. Describe existing wastewater treatment facilities. NA o. Describe existing drinking water supply source. NA p. Describe existing storm water management or treatment systems. NA 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ®Commercial SPublic/Government ❑Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. THE AREA IS CURRENTLY USED AS A NAVIGATION CHANNEL FOR VESSELS COMING/GOING FROM THE OCEAN TO TERMINALS ON THE CAPE FEAR RIVER. 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. BED LEVELING OF MATERIAL IN EXISTING RIVER CHANNEL. A TUG WILL PUSH A BARGE WITH A BEAM ATTACHED TO CABLES AND WENCHES TO ENSURE PRECISE DEPTHS d. List all development activities you propose. NA e. Are the proposed activities maintenance of an existing project, new work, or both? THIS IS MAINTENANCE OF THE USACE AUTHORIZED DREDGE AREA f. What is the approximate total disturbed land area resulting from the proposed project? N/A ❑Sq.Ft or []Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes SNo ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. KECEIVED- na JUN 16 2016 i. Will wastewater or stormwater be discharged into a wetland? []Yes SNo If yes, will this discharged water be of the same salinity as the receiving water? []Yes ❑No ❑NA j. Is there any mitigation proposed? ❑Yes SNo ❑NA If yes, attach a mitigation proposal. RFCEIVE DCM WILMINGTUN, NU <Form continues on back> JUN 14 2016 Y 252-808.2808 .. 1-888.4RCOAST .. www.necoastaimanagement.net Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6, Additional Information In addition to this completed application form, (MP-1) the following items below, If applicable, must be submitted in order for the application package lobe complete. Items (a) — (0 are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with stale application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Phone No. Address Name Phone No. Address Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. h. Signed consultant or agent authorization form, If applicable. I. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10). if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 1 7, Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development 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 6/142016 Print Name JEFFREY E. MILES RECEIVED Signature JUN 16 2016 Please indicate application attachments pertaining to your pro sed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts DCM- M H D CITY ❑DCM MP-3 Upland Development ❑DCM MP-4 Structures Information RECEIVED DCM WILrAINGTCN. NC JUN 14 2016 252.808-2808 :: 1.888-4RCOAST :: www.nccoastalmanagement.net Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental Information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL stabilization Length 380U ' Width 300' ' Avg. Existing 39-40' NA NA Depth Final Project 4Z+2' NA NA Depth 1. EXCAVATION a. Amount of material to be excavated from below NHW orNWL In cubic yards. 100,000CY c. (i) Does the area to be excavated include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feel affected. ❑CW ❑SAV ❑SB OWL ®None (ii) Describe the purpose of the excavation in these areas: TO RETURNT THE CURRENT DEPTH OF THIS PORTION OF THE RIVER TO PROJECT DEPTHS ❑This section not applicable b. Type of material to be SAND d. High -ground excavation in cubic yards. 0 2.DISPOSAL OF EXCAVATED MATERIAL 1❑This section not applicable a. Location of disposal area. b. Dimensions of disposal area. SEE ATTACHED NARRATIVE c. (1) Do you claim title to disposal area? []Yes ❑No ❑NA (1) if no, attach a letter granting permission from the owner e. (!)Does the disposal area Include any coastal wetlands/marsh (CW) submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL []None (it) Describe the purpose of disposal in these areas: d. (1) Will a disposal area be available f 46Qr L ❑Yes ❑No ❑NA (li) If yea, where? J U N 16 2016 f. (1) Does the disposal include any 9ffttba �a� H D CITY []Yes ®No ❑NA LJ Ii �V� (II) If yes, how much water area is affected? RECEIVED DCM WILMINGTCN, NC JUN 14 2016 252-808-2808 :: 1-888.4RCOAST u www.nccoastalmanauement.net revised: 12/26/06 Fdrm DCM MP-2 (Excavation and Fill, Page 2 of 3) 3. SHORELINE STABILIZATION ®This section not applicable (If development is a wood groin, use MP-4 — Structures) a. Type of shoreline stabilization: b. Length: []Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: _ Width: c. Average distance waterward of NHW or NWL: d. Maximum distance waterward of NHW or NWL: e. Type of stabilization material: g. Number of square feet of fill to be placed below water level. Bulkhead backfill— Riprap— Breakwater/Sill_ Other— i. Source of fill material f. (i) Has there been shoreline erosion during preceding 12 months? []Yes []No ❑NA (ii) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. 4. OTHER FILL ACTIVITIES ®This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ❑Yes ❑No ❑NA b. (i) Will fill material be placed in coastal wetlands/marsh (OW), If yes, submerged aquatic vegetation (SAV), shell bottom (SB), or ll Amount of material to be laced in the water other wetlands (WL)?. If any boxes are checked, provide the C) P number of square feet affected. (iii) Dimensions of fill area — ❑CW ❑SAV — ❑SB (iv) Purpose of fill ❑WL ❑None (ii) Describe the purpose of the fill in these areas: 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? Bed leveling will be performed on the falling tide. c. (i) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. 6/14116 Date MAINTENANCE BEDLEVELING OF CAPE FEAR RIVER/ HOSRESHOE SHOAL Project Name What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? Tugboat, barge with cable and wench system to hold beam at precise depths. d. (i) Will wetlands be crossed in transporting equipment to project site? ❑Yes ®No ❑NAB 1V E p (ii) If yes, explain steps that will be tak o i ize environmental impacts. JUN 16 2016 NORTH CAROLINA STATE PORTS AUTHORITY RFC:FIVFr) Applicant Name DCM WILfAINGTCN, NC JUN 14 2016 252-808.2808 :: 1-888-4RCOAST :: www.nccoastalmanaaement.net revised: 12/26/06 Form DCM MP-2 (Excavation and Fill, Page 3 of 3) Ap icanl S' natu e RECEIVED JUN 16 2016 DCM- MHD CITY RECEIVED DCM WILMINGTCN, NC JUN 14 2016 252.808-2808 :: 1.888-4RCOAST :: www.nccoastalmanaaement.net revised: 12126106 C- 4� I cc LJ IZ It 74� '4 1 Of Water Resources ENVIRONMENTAL QUALITY June 23, 2016 North Carolina State Ports Authority Mr. Jeffrey E. Miles P.O. Box 9002 Wilmington, NC 28402 PAT MCCRORY Diu Tm " DONALD R. VAN DER VAART Seurmn- S. JAY ZIMMERMAN Brunswick County DWR Project: 16-0597 Subject Property: Bed Leveling of Horseshoe Shoals — Cape Fear River Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Miles, You have our approval, in accordance with the attached conditions and those listed below, to impact 26.17 acres (1,140,000 square feet) of open water through emergency dredging to maintain an existing shipping channel within the Horseshoe Shoals Section of the Cape Fear River as described within your application received by the Division on June 15, 2016. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number 3900 (GC 3900). 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, 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 Permit. This Certification can also be found on line at: btip://portal.ncdenr.or web/wq/swp/ws/401/certsandpermits. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 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 propertyO F EiV�i ler must be.. State of North Carolina I Enwonmental Quality I Water Resources JUL 0 5 2016 1611 Mail service Center I Raleigh, North Carolina 27699-1611 919 707 9000 n n ,, A u n r..1TY Bed Leveling Horseshow Shoals - CFR Brunswick County 2016-0597 1 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). Turbidity Standard The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 213 .0220. Appropriate sediment and erosion control practices must be used to meet this standard. Turbidity curtains shall be used as appropriate. Please notify this Office if any turbidity issues arise at 910.796.7215 4 This General Certification shall expire on the same day as the expiration date of the corresponding General Permit. The conditions in effect on the date of issuance of the Certification for a specific project shall remain in effect for the life of the project, regardless of the expiration of this Certification. The permittee 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)] 6 Continuing Compliance: The applicant/permittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with 303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal law. If the Division determines that such standards or laws are not being met, including failure to sustain a designated or achieved use, or that State or Federal law is being violated, or that further conditions are necessary to assure compliance, than the Division may reevaluate and modify this General Water Quality Certification. [15A NCAC 02H .0507(d)] All mechanized equipment operated near surface waters or wetlands will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permittee/contractor shall immediately contact the Division of Water 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 tsool 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 0213.0200 (3)(f), and GS 143 Article 21A]. RECEIVED JUL 05 2016 DCg, _.7AHD T'i Bed Leveling Horseshow Shoals - CFR Brunswick County 2016-0597 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)(% This certification grants permission to the director, an authorized representative of the Director, or DEQ staff, upon the presentation of proper credentials, to enter the property during normal business hours 15A NCAC 02H.0502(e). 10 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 NCDEQ 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: htti)://portal.ncdenr.ore/web/wa/swp/ws/401 /certsandpenni is/apply/formsl. 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 may be obtained from the OAH at http://www.ncoab.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 OAR 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. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church RoA E C E I V E D Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 JUL 0 5 2016 DCM- MHD CITY Bed Leveling Horseshow Shoals - CFR Brunswick County 2016-0597 One (1) copy of the petition must also be served to DEQ: 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 telephone Jennifer Burdette in the Central Office in Raleigh at 919.807.6364 or Jennifer.Burdetteaamcdennizov or Chad Coburn in the DWR Wilmington Regional Office at 910.796.7379 or Chad.Cobum@,ncdenr.gov. Jim , Regional Supervisor Wat r Quali y Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ Enclosure: GC 3900 cc: Todd Walton — NC State Ports Authority, P.O. Box 9002, Wilmington, NC 28402 Tyler Crumbley - USACE Wilmington Regulatory Field Office Courtney Spears — DCM Morehead City WiRO RECEIVED JUL 05 2016 DCM- MHD CITY N�` -r.o_ Water Resources ENVIRONMENTAL QUALITY DWR Project No: Applicant: Project Name: PAT MCCRORY �[ (lu11111nr DONALD R. VAN DER VAART S. JAY ZIMMERMAN 1)mw✓r 401 Water Quality Certification Issued Date: County: 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 is required to return this certificate to the DWR 401 & Buffer Permitting Unit, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Agent's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: If this project was designed by a Certified Professional I, as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permitee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: RECEIVED State of North Carolina I Environmental Quality l Water Resources JUL 05 2016 1611 Mail service Carter I Raleigh, North Carolina 27699-1611 9197079000 DCM- hANn mar.. RECEIVED JUL 05 2016 DCM- MHD CITY DCM Coordinator:s,,ZaA/� Permit #: MAILING DISTRIBUTION SHEET 0 DCM Field Offices 11 Ill 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: 2Tyler Crumble Liz Hare Cultural Resources: Renee Gledhill -Early Public Water Supply: Heide Cox (WIRO) Joey White (WARO) DCM/ Shane Staples Fisheries Specialist Gregg Bodnar NC DOT: Ben Hughes DMF/ Shellfish Sanitation: Shannon Jenkins State Property: Tim Walton Water Resources:, ) Raleigh) o m Hennessy [C DOT) Washington: Anthony Scarbraugh-401 Wilmington: Joanne Steenhuis — 401 Chad Coburn DEMLR ---_. Washington: Scott Vinson-Stormwater Wilmington: Georgette Scott- Stormwater Wildlife Resources: Maria Dunn LPO: Fax Distribution: Permitee Agent #:_ Coastal Management ENVIRONMENTAL QUALITY June 20, 2016 N.C. State Ports Authority P.O. Box 9002 Wilmington, N.C. 28402 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 C�. Sincerely, C �& Y /{ Douglas V. Hu gett 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 1 252-808-2808 T E �- `: D C--� L •a 4 ��—•v ' `\� t f DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: North Carolina State Ports Authority (Horseshoe Shoals Emergency Maintenance Excavation) 2. LOCATION OF PROJECT SITE: The project is located approximately 17 nautical miles south of the NCSPA, within the Horseshoe Shoals Section of the Cape Fear River shipping channel, near Southport, Brunswick County. 0 Photo Index - 2006: 204-6656: A-E, 1-6 2000: 204-209: A-F, 1-6 1995: 14-150: A-G, 1- State Plane Coordinates - X: 2315691 Y: 77567 Latitude:34°57'27.09"N Longitude:77°57'25.50"W 3. INVESTIGATION TYPE: CAMA/ D & F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — N/A Was Applicant Present — N/A 5. PROCESSING PROCEDURE: Application Received — 06/14/2016 (Completed) Office — Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan —Brunswick County Land Classification From LUP — Conservation/Developed (B) AEC(s) Involved: EW, PTA Water Dependent: Yes (D) Intended Use: Commercial/Industrial (E) Wastewater Treatment: Existing: N/A Planned: None (F) Type of Structures: Existing — NA Planned — Maintenance excavation of the shipping channel (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED Fit I Fr) nTHFR (A) Vegetated Wetlands (B) Non -Vegetated Wetlands (Open water) 1,140,000 sq. ft. C Other — Hi h round (D) Total Area Disturbed: — 1,140,000 sq. ft. (— 26 acres) (E) Primary Nursery Area: No DCM- MHD CITY (F) Water Classification: SC Open: No 8. PROJECT SUMMARY: The N.C. State Ports Authority proposes to allow emergency agitation dredging to maintain an existing shipping channel within the Horseshoe Shoals Section in the Cape Fear River. RECEIVED NCSPA- Horseshoe Shoal Emergency Maintenance Excavation Page Two 9. PROJECT DESCRIPTION ACM' �MHD CiTy The N.C. State Ports Authority (NCSPA) is located at 1 Shipyard Blvd., adjacent to the Cape Fear River, in Wilmington, New Hanover County. The project site is located approximately 17 nautical miles downstream of the NCSPA within the Horseshoe Shoals Segment of the Cape Fear River Shipping Channel, which is northeast of the Town of Southport and the Duke Progress Energy Nuclear Power Plant in Brunswick County. The project location is just east of two spoil islands, which are designated as DA-0003 to the south and DA-0004 the north. DA-0003 is owned by the State of North Carolina and DA-0004 is currently owned by Duke Progress Energy. The US Army Corps of Engineers (USAGE) currently maintains this section of the shipping channel to a final project depth of -44' @ mean lower low water (MLLW) (See Hydrographic Surveys and Project Narrative). The waters of the Cape Fear River (in the vicinity of the project) are classified SC, by the N.C. Division of Water Resources. The area is NOT designated as a Primary Nursery Area (PNA), by the N.C. Division of Marine Fisheries and these waters are CLOSED to the harvesting of shellfish. PROPOSED PROJECT The N.C. State Ports Authority proposes to allow emergency agitation dredging to maintain an existing shipping channel within the Horseshoe Shoals Section in the Cape Fear River. Based on a recent hydrographic survey, the application states that the existing depth within the Horseshoe Shoal Section of the shipping channel ranges from approximately -39'to -40' @MLLW. The application states that this area has not been dredged by the USACE in approximately 5 years and the Cape Fear River Pilots have indicated that due to shoaling in this area, a draft restriction of -37' for the Cape Fear River is imminent. The application states that in anticipation of the new locks at the Panama Canal, the NCSPA anticipates larger vessels would soon call on their ports. The applicant proposes to excavate "bed leveling" an area of approximately 3,800' in length by 300' in width to a final project depth of -44' @ MLLW, which would result in the removal of approximately 100,000 cubic yards (CY) of river bottom material within the federal limits of the Horseshoe Shoals Section of the Cape Fear River. The application states that bed leveling would be performed using a beam to knock off the tops of the finger shoals that have developed in Horseshoe Shoals. The beam would be attached to a cable and wench system mounted on a barge being pushed by a tugboat until the final project depth of -42' + -2' @ MLLW is obtained. The application states the material in Horseshoe Shoals area is sandy and they do not expect very much migration of disturbed material from this area of the river. Further, the application states they anticipate that the material that is disturbed by this proposed process would be moved/disposed of in the adjacent deeper areas with the Horseshoe Shoals Section of the river and remain in the shipping channel. The application states that the proposed excavation would be done on a falling (ebb) tide and a survey would be conducted by a third party (See Hydrographic Surveys and Project Narratives). 10. ANTICIPATED IMPACTS The proposed maintenance excavation would disturb approximately 1,140,000 sq. ft. of river bottom area and would result in the removal of approximately 100,000 CY of material, which would be re -suspended back into the river system. Based on information on this type of agitation dredging in use in other facilities within this segment of the river, it is anticipated that there would not be adverse impacts associated with the operation of this system. The potential for short term sediment suspension impacts is certainly much more acceptable than the possibility of product loss due to vessel damage resulting from grounding. Submitted by: Robb L. Mairs Date: 06/14/2016 Office: Wilmington IDIVISION OF COASTAL MANAGEMENT EMERGENCY APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: NCSPA COUNTY: Brunswick PROJECT NAME: Bed Leveling of Horseshoe Shoal LOCATION OF PROJECT: approx. 17 nautical miles south of the NC State Ports, within the Horseshoe Shoals Section of the Cape Fear River shipping channel, near Southport, Brunswick County DATE APPLICATION RECEIVED COMPLETE BY FIELD: 6-14-16 FIELD RECOMMENDATION: Attached: YES To Be Forwarded: n/a CONSISTENCY DETERMINATION: Attached: n/a To Be Forwarded: n/a FIELD REPRESENTATIVE: Mairs DISTRICT OFFICE: W7LM17VGT0N DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: PUBLIC NOTICE RECD: n/a ADJ. RIP. PROP NOTICES RECD: APPLICATION ASSIGNED TO: _ ♦ �Q n nxrS C) 75 DAY DEADLINE: &Ul 1 61sl1 MAIL OUT DATE: 6-15-16 FEDERAL DUE DATE: PERMIT FINAL ACTION: ISSUE DENY EXPRESS FEE REC'D: END OF NOTICE DATE: n/a DEED RECD: ON: to'1�¢ I a 150 DAY DEADLINE: STATE DUE DATE: 6-18-16 FED COMMENTS REC'D: DRAFT AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative I Coastal Management - LUP Consistency Division of Community Assistance Land Quality Section (DEMLR) Division of Water Resources (401) Storm Water Management (DEMLR) State Property Office Division of Archives & History Division of Environmental Health Division of Highways Wildlife Resources Commission Local Permit Office Division of Marine Fisheries / DCM J U N 16 2 016 Corps of Engineers Y f, Recommendations for State Permit- NCSPA (NCSPA-Horseshoe Shoals Emergency Maintenance Excavation) 06/14/2016 This proposed method of maintenance, at first glance, appears to be inconsistent with 15 NCAC 07H.0208 (b)(1) and (2), which direct that excavated material be confined on highground; however, the same method was evaluated for The NCSPA (State Permit No.47-87), which is located 17 nautical miles upstream from the project site. State Permit No. 47-87 was issued to the applicant via a variance through the Coastal Resources Commission (CRC). This proposal does not differ in concept from the method authorized under State Permit No. 47-87. In effect, the agitation dredging would remove sediments from the shipping channel to avoid the creation of shoaled areas, which could result in unsafe terminal operations. Based on information presented by information on agitation dredging in use in other facilities within this segment of the river, it is anticipated that there would not be adverse impacts associated with the operation of this system. The potential for short term sediment suspension impacts is certainly much more acceptable than the possibility of product loss due to vessel damage resulting from grounding. RECEIVED JUN 16 2016 DCM- MHD CITY Spears, Courtney From: Crumbley, Tyler SAW <Tyler.Crumbley@usace.army.mil> Sent: Thursday, June 16, 2016 9:40 AM To: Spears, Courtney Cc: Mairs, Robb L; Wilson, Debra; Crumbley, Tyler SAW; Beter, Dale E SAW Subject: NCSPA Horseshoe Shoal Courtney, I received the application package for the NCSPA to perform agitation dredging in the Horseshoe Shoal area. I have given the proposal an Action ID of: SAW-2016-01222. I am currently reviewing the project for authorization under GP2878 and trying to see if they can use the SARBO for sturgeon and turtles. I have already spoken with the USFWS for manatee issues and they recommended the use of the Manatee Guidelines would be all that is needed to satisfy ESA for that species. I will keep everyone abreast of the situation and the status/and or need for formal consultation on species covered under ESA. Tyler Tyler Crumbley, PWS Regulatory Project Manager U.S. Army Corps of Engineers -Wilmington District 69 Darlington Avenue Wilmington, NC 28403 Phone: 910-251-4170 Fax:910-251-4025 email: tyler.crumbley@usace.army.mil "The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at: http://regulatory.usacesurvey.com/" I] Spears, Courtney From: Simpson, Shaun Sent: Wednesday, June 15, 2016 10:00 AM To: Tyler.Crumbley@usace.army.mil Cc: Mairs, Robb L; Spears, Courtney; Spencer, Thekla M SAW (Thekla.M.Spencer@usace.a rmy.mi I) Subject: NCSPA Emergency Pt Request Bio Report Attachments: NCSPA Emergency Bio.pdf; NCSPA drawing.pdf; NCSPA Ig drawings.pdf Hello Tyler, Please see the attached from Robb Mairs. If possible, we respectfully request that you reply as indicated to Courtney Spears within 3 days due to the circumstances of the request. Thanks, Shaun Shaun Simpson Permit Support & Customer Service NC Department of Environmental Quality NC Division of Coastal Management 127 Cardinal Drive Ext. Wilmington, NC28405 Phone: (910)796-7226 Shaun.Simoson @ncdenr. gov Nothing Compares,,... E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. NCSM L� From: Coats, Heather ^(NY1k 7-0 K Sent: Tuesday, June 14, 2016 8:54 AM To: Mairs, Robb L; Huggett, Doug; Wilson, Debra; Spears, Courtney Subject: FW: Permit app for Wilmington Ports dredging FYI Heather Coats Assistant Major Permits Coordinator Division of Coastal Management North Carolina Department of Environmental Quality 910 796 7302 office heather.coats@ncdenr.gov 127 Cardinal Drive Extension Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. -----Original Message ----- From: Crumbley, Tyler SAW[ma ilto:Tyler.Crumbley@usace.army.mi1] Sent: Tuesday, June 14, 2016 8:41 AM To: Coats, Heather <heather.coats@ncdenr.gov>; Coburn, Chad <chad.coburn@ncdenr.gov> Subject: FW: Permit app -----Original Message ----- From: Crumbley, Tyler SAW Sent: Tuesday, June 14, 2016 8:38 AM To:'walton, todd' <todd.walton@ncports.com> Subject: RE: Permit app Todd, On a serious note, in your preparation of the application, please be aware that we will need to have a BA for the proposal on all species, but mostly sturgeon and turtles ready to go for our request for consultation. I can put it out for federal review under the GP291 process, but we can't request consultation without the BA. -Tyler v^, -----Original Message ----- From: walton, todd [mailto:todd.walton@ncports.com] Sent: Monday, June 13, 2016 5:09 PM To: Mairs, Robb L<robb.mairs@ncdenr.gov>; Huggett, Doug <doug.huggett@ncdenr.gov>; Coats, Heather <heather.coats@ ncdenr.gov> Cc: Miles, Jeff <Jeff.Miles@ncports.com>; Blake, Mark <Mark.Blake@ncports.com>; Crumbley, Tyler SAW <Tyler.Cru m bley@ usace.a rmy.m il> Subject: [EXTERNAL] Permit app Will have the permit app for sled dragging/ bed leveling to you tom by lunch. Todd HC Division of Coastal Management Major Permit Application Computer Sheet AEC: AIWW Fee: $400 #1292 CDAITS —it" MHC cc Applicant: NC State Port Authority AgenUContractor: In -House c% Todd Walton Project Site County: Brunswick IMF Staff: Mairs District: MI ' gto Project Name: Bed Leveling of Horseshoe Shoal Rover File: n/a River Basin: Cape Fear Initial date of application submittal: 6-14-16 Date application "received as complete" in the Field office: Dredge & SITE DESCRIPTIONJPERMIT INFORMATION ORW: ❑Yes o I PNA: ❑Y s OAo Photos Taken: Yes ❑ N Setback Required (riparian): [Yes tOm Critical Habitat: ❑Yes ❑No ZNot Sure 15 foot waiver obtained: Yes ONo Hazard Notification Returned: ❑Yes U o SAV: ❑Yes ❑No VINot Sure Shell Bottom: ❑Yes ©No LKNot Temporary Impacts: ❑Yes JnNo Sure Sandbags: ❑Yes o ❑ Not Sure Did the land use c Lion a ( ' -- Mitigation Reguired (optional): []Yes( O from county LU es o Moratoriuum/�4nditions: Environmental A ssment Done: []Yes ❑No � Length of Shoreline: ❑Yes L�No ❑NA �� Fr. Shellfish Area D nation: Project Description: (code) Development Area: (code) Open -or- losed �ts" SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) El Future Water Supply (FWS) Nutrient Sensitive Waters (NSW) Swamp Waters (SW) High Quality Waters (HQW) ❑Outstanding Resource Waters (ORW) WETLANDSIMPACTED ❑ (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort ( Salicomia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaioense) (SA) Salt marsh cordgrass (Spartina ❑ (SY) Salt reed grass (Spartina altemiflora) cynosuroides) ❑ (DS) Salt or spike grass (Distichlis ❑ (SC) Bullrush or three square (Scirpus El (TY) Cattail (Typha sp.) spicata) SO ❑ (JR) Black needlerush (Juncos ❑ (SP) Salttmeadow grass (Spartina roemedanus) patens) APPLICATION FEE ❑ No fee required - $0.00 ❑ III(A) Private w/ D&F up to 1 acre; 3490 ❑ III(D) Priv. public or comm w/ D&F to 1 can be applied - $250 acre; can't be applied - $400 ❑ Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major Eff IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 ❑ Permit Transfer - $100 El III(B) Public or commercial w/ D&F to 1 El Express Permit - $2000 acre; 3490 can be applied - $400 ❑ Major development extension request - ❑ Il. Public or commercial/no dredge $100 and/or fill - $400 ❑ I. Private no dredge and/or fill - $250 ❑ III(C) Priv. public or oomm w /D&F to 1 acre; 3490 can be applied; DCM needs DWQ agreement - $400 NCSPA Horseshoe Shoal Date: 6-14-16 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet TYPE REPLACE Activity Name Number Choose One Choose One Dimension 1 Dimensi n 2 Dimensi n Dimension 4 New Work Replace .11 ALP Maint � ❑ Y New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work El Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet TOTAL Sq. Ft FINAL Sq. Ft TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for. (Anticipated final DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Habitat Name Choose One includes any Excludes any total includes Excludes any anticipated restoration any anticipated restoration and/or restoration or and/or temp restoration or temp impact temp impacts) impact amount) temp impacts) amount t�- - Dredge Fill ❑ Both ❑ Other ❑ IdL�0 1 Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ MAJOR PERMIT FEE SCHEDULE NCSPA Horseshoe Shoal / $475 / Brunswick Co. DCM % DWQ % Development Te Fee 14300160143510009316256253 2430016024351000952341 I. Private, non-commercial development that does not involve the filling or excavation of any wetlands or open water areas: $250 100% $250 0% $0 II. Public or commercial development that does of involve the filling or excavation of any wetlands or open water areas: $400 100% $400 0% $0 III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C, or D below applies: III(A). Private, non-commercial development, if General Water Quality Certification No. 3490 See attached can be applied: S250 100% $250 0% $0 III(B). Public or commercial development, if General Water Quality Certification No. 3490 See attached can be applied: $400 100% $400 0% $0 III(C). If General Water Quality Certification No. 90 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: $400 60% $240 40% $160 III(D). If General Water Quality Certification No. 3490 see attached cannot be applied: $400 60% $240 40% $160 IV. Development that involves the filling and/or excavation of more than one acre of wetlands and/or open water areas: 1 $475 60% $285 40% $190 RECEIVED JUN 16 2016 DCM- MHD CITY DENR CAMA Daily Check Log for WIRO Date Date Deposit. Check Receipt or Received of Cheek From Name Name of Permit Holder Vendor Check Number I amount Permit Number/Comments Refund'Reallocated 6114/201, NC Pons Authodly Jeffrey Miles First Citizens Bank 1726321 $475.001 mefee, Horseshoe Shoal Brunswick I RM rct. 1600D a W U _� > N Q rH C U z W , g � U Coastal Management ENVIRONMENTAL QUALITY MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: BAT MCCRORY go,vmar i... DONALD R. VAN DER VAART Secretary BRAXTON DAVIS p(reNnr June 15, 2016' Tyler Crumbley Regulatory Branch Wilmington District Corps of Engineer 1. Courtney Spears, Assistant Major Permits Coordinator NCDEQ — Division of Coastal,Management 400 Commerce Ave., Morehead City,. NC 28557 courtnevspears a0 cdenr-gov Fax:.252=247-3330 (Cou"rier ;111-'.12;09),. CAMA / D.& F EMERGENCYApplication Review NC state Port Authority approx. 17 nautical mites, south of the; NC State Ports,within the Horseshoe -Shoals Section of ihe' Cape Fear River shipping channel, near Southport, .Brunswick County to obtain an emergency permit for peiforming,agitation,dcedging, to maintain an existing shipping channei Pr�turn leasertindicate-below your agency's position or viewpoint onthe proposed project and rethis fonwpy_:Jun6:18,.2016 to CoirrtneyaSpears at the address above. If you have any questions regardingtheproposed project, contact.Robb Mairs at (910) 796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. SIGNED This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. — DATE <�^Nothtng Compare' stale orNmd, Carolina I Enviroamenlal Quality I Coazlnl Management 127 Cardinal Drivo Ext., Wilmington, NC 28405' 910496.7215 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION'REPORT 1. APPLICANT'S. NAME: North Carolina State Ports Authority,(Horseshoe Shoals� Emergency Maintenance: Excavation) 2. LOCATION OF PROJECT SITE: The project is.located.approximately 17 nautical miles south of the NCSPA, within the Horseshoe Shoals Section of the Cape, Fear River shipping channel, near Southport, Brunswick County. Photo Index --2006: 204-6656: A-E, 1-6 2000:;204-209: A-F, 1-6 1995: 14-150: A-G, 1- 6 State Plane Coordinates - X: 2316691 Y::77567 Latitude: 34057'27.09"N Longitude: TTV'.25.50''W 3. INVESTIGATION TYPE: LAMA/ D & F 4. INVESTIGATIVE PROCEDURE:. Dates. of, Site, Visit NWA. Was Applicant Piesenf— N/A. 5. PROCESSING PROCEDURE: Application,Received — 06/14/2016 (Completed) Office, Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan —Brunswick County Land Classification From LUP — Conservation/Developed (B) AEC(s) Involved: EW, PTA Water Dependent: Yes (D) Intended Use: Commercial/Industrial (E) Wastewater Treatment: Existing: N/A Planned: None (F) Type of Structures: Existing — NA Planned — Maintenance excavation of the shipping channel (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] nprnr.F=n FII I Fr) OTHFR (A) Vegetated Wetlands (B) Non -Vegetated Wetlands (Open water) 1,140,000 sq. ft. C Other — Hi h round (D) Total Area Disturbed: — 1,140,000 sq. ft. (— 26 acres) (E) Primary Nursery Area: No (F) Water Classification: SC Open: No B. PROJECT SUMMARY: The N.C. State Ports Authority proposes to, allow emergency agitation dredging to maintain an existing shipping channel within the Horseshoe Shoals Section in the Cape Fear River. W NCSPA- Horseshoe Shoal Emergency Maintenance Excavation Page Two 9. PROJECT DESCRIPTION The N.C. State Ports Authority (NCSPA) is located at 1 Shipyard Blvd., adjacent to the Cape Fear River, in Wilmington, New Hanover County. The projectsite,is located: approximately17 nautical.miles downstream of the NCSPA within the Horseshoe Shoals Segment of the Cape Fear River Shipping Channel, which is northeast of the Town of!Soufhport'and the Duke Progress Energy Nuclear Power Plant in, Brunswick County. The project location is just east of two spoil islands, which are designated as DA-0003 to the south and DA-.0004 the north. DA-0003 is owned by the State of North Carolina and DA-0004 is currently owned by Duke Progress Energy. The US Army Corps of Engineers (USAGE) currently maintains this section of the shipping channel to a final project depth of -44' @, mean lower low water (MLLW) (See Hydrographic Surveys and Project Narrative). The waters of the Cape Fear River (in the vicinity of the project) are classified'SC, by the N.C. Division of Water Resources. The area is NOT designated as a Primary.Nurse.ry Area (PNA), by the N.C. Division of Marine Fisheries and these waters are CLOSED to"the .harvesting of shellfish. PROPOSED PROJECT The N.C. State Ports Authority proposes to, allow emergency agitation dredging to maintain an existing shipping channel within the Horseshoe Shoals Section in the Cape Fear River. Based on.a recent hydrographic survey, the application states that the existing depth within the Horseshoe;Shoal Section ofthe shipping channel ranges from approximately-39'.to -40' @MLL1N. The application states,that this area has not been dredged by the USACE in approximately 5 years and the Cape Fear River Pilots have indicated that due to shoaling in this area, a draft restriction of -37' for the Cape Fear River is imminent. The application states that in anticipation of the new locks at the Panama Canal, the-NCSPA anticipates larger vessels would soon call on their ports. The applicant proposes to excavate "bed leveling" an area of approximately 3,800' in length by 300' in width to a final project depth of -44' @ MLLW, which would result in the removal of approximately 100,000 cubic yards (CY) of river bottom material within the federal limits of the Horseshoe Shoals Section of the Cape Fear River. The application states that bed leveling would be performed using a beam to knock off the tops of the finger shoals that have developed in Horseshoe Shoals. The beam would be attached to'a cable and wench system mounted on a barge being pushed by a tugboat until the final project depth of -42' + -2' @ MLLW.is obtained. The application states the material in Horseshoe Shoals area is sandy and they do not expect very much migration of disturbed material from this area of the river. Further, the application states they anticipate that the material that is disturbed by this proposed process would be moved/disposed of in the adjacent deeper areas with the Horseshoe Shoals Section of the river and remain in the shipping channel. The application states'that the proposed excavation would be done'on a falling (ebb) tide and a survey would be conducted by a third party (See Hydrographic Surveys and Project Narratives). 10. ANTICIPATED IMPACTS The proposed maintenance excavation would disturb approximately 1,140,000 sq. ft. of river bottom area and would result in the removal of approximately 100,000 CY of material, which would be re -suspended back into the river system. Based on information on this type of agitation dredging in use in other facilities within this segment of the river, it is anticipated that there would not be adverse impacts associated with the operation of this system. The potential for short term sediment suspension impacts is certainly much more acceptable than the possibility of product loss due to vesseldamage resulting from grounding. Submitted by: Robb L. Mairs Date: 06/14/2016 Office: Wilmington Recommendations for State Permit- NCSPA (NCSPA-Horseshoe Shoals Emergency Maintenance Excavation) 06/1412016 This proposed method of maintenance, at first glance, appears to be inconsistent with 15 NCAC 07H.0208 (b)(1) . and (2), which direct that excavated material be confined on highground; however, the same method was evaluated for The NCSPA (State Permit No.47-87), which, is located 17.nautical miles upstream from the. projectsite. State Permit No. 47-87 was issued to the applicant via a variance through the Coastal Resources. Commission (CRC): This proposal does not differ in concept from the method authorized under State Permit No. 47-87. In effect, the agitation dredging would remove sediments from the shipping channel to avoid the creation of shoaled areas, which could result in unsafe terminal operations. Based on,information presented by information on agitation dredging in use in other facilities within this segment of the river,.it is anticipated that there would not be adverse impacts associated with the operation of this system. The potential for short term sediment suspension impacts is certainly much more.acceptable than the possibility of product loss due to vessel damage resulting from grounding. IE NORTH lk �.• ®� rl i. '• ,CARMLINA June 14, 2016 Doug Haggett Division of Coastal Management 400 Commerce Ave. Morehead City, NC 28557 i Re: North Carolina State Ports Authority Port of Wilmington Dredging of Cape Fear River — Horseshoe Shoal Emergency Permit Request Dear Mr Haggett: The North Carolina State Ports Authority (NCSPA) is requesting an emergency CAMA permit to perform bed leveling in the Horseshoe Shoalsegnrent of the Cape Fear Rivet: The bed leveling will be performed by using a beam to.knoek off the tops of the finger shoals that have developed in Horseshoe Shoals. The beam will be attached to a cable and wench system as to perform the work to the precise depths in the area. Surveys of the area will be performed upon completion of the work. The Horseshoe Shoal.segment of the Cape Fear River has, not been dredged by the US Army Corps of Engineers in approximately 5 years. The authorized project depth in this. area of the river with over depth is 42'+2',' but recent•surveys in this area show manly areas are currently at 39'-40'. The Cape Fear River Pilots have indicated that due to the shoaling in this area, a draft restriction of 37' for the Cape Fear River is imminent This depth would,prohibif the larger vessels to transit the Cape Fear River to the -Port of Wilmington. The international shipping business is changing rapidly with companies migrating to larger vessels in response to the June opening of the Panama Canal. The NCSPA.is expecting the arrival of the larger vessels starting on July I for one container set -vice, and August for another. It is very important fo • this area'tumaintain the authorized project depth in order for vessels to arrive and depart in a safe manner. If the vessels are unable to arrive and depart in a safe manner, the NCSPA is at risk to lose vital business opportunities which not only affects the NCSPA, but is also detrimental to the State as a whole due to the revenues generated fioni these customers who could potentially k-LTt LE DCM INILMINGTCN• NC JUN 14 2016 North Carolina Stale Ports Authority • 2202 Burnett Boulevard • PO Box 9002 • Wilmington, NC 28402 • www.ncports.com NORTH CAROL INA !OR "s Because of the noted conditions and circumstances above in the Cape Pear River, the NCSPA is requesting an emergency permit to allow bed leveling in the Horseshoe Shoal section of the Cape Pear River. For your reference, I have attached the most recent USACE survey and a location map of the area. The North Carolina State Ports Authority appreciates the Division of Coastal Managements attention and consideration regarding this effort.. If additional -information is needed, please contact me at 910-251=5678or via email at todd.waltorfL@ncports.coiu. Sincerely, North Carolina State Ports Authority Todd C. Walton Sr. Environmental Analyst RECEIVED 1DCM WILI•,AINGTCN, NC JUN 14 2016 North Carolina State Ports Authority • 2202 Burnett Boulevard • PO. Box 9002 • Wilmington, NC 28402 • www.ncports.com Proiect'Narrative ` ,,. The North Carolina State Ports Authorityls•requesting a permit to perform,bed leveling in the Horseshoe Shoal segment of the Cape Fear River. The bed leveling will be'performed by using.a beam to knockoff the tops of the'finger shoals that, have developed in Horseshoe Shoals. These shoals have a peak of 38'- 40'throughout the area, with deep valleys In between that have depths in the 42'-46' range.. The,beam will be attached to a cable and wench system mounted on;a barge being, pushed by a tugboat as obtain results that will have precise 42' depths In the area upon completion of,the,work. The beam is approximately 30' long. -It will be tied by'4 separate cables and suspended from the barge via a pulley and winch system, Because .the areas that need to be,leveled are fairly narrow, the beam will be suspended to depths that will justpush the material off of the tops of these peaks. The material in the Horseshoe shoals area Is sandy so we do not expect very much migration of disturbed material from this area in the river. We anticipate that the.material.that is disturbed by the bed leveling process will be moved/ disposed of In the adjacent deeper areas 'within the,Horseshoebhoalssection of the river and remain in the shipping channel. Calculations from recentsurveys estimate that there is 100,000cy of material in the area to be leveled. The bed leveling will be done on the'falling tide, We anticipate that the work will take approximately 7 days to complete, Throughout,the bed leveling effort, the tugboat operator will be monitoring the depth In the area he is working If after several passes, beneficial results are not observed, the bed leveling work will discontinue. If after several passes -the results show that the bed leveling is successful, we anticipate 7-10 days of workko complete the. entir,e process. After the work Is complete, the area will be surveyed by a third party. RECEIVE i7C,t�4 Wllfiili G�! OP!,1`IC JUN A ZI) 0 v m LV W'A I, YI t f �lY •• .��1 • SI � _ AL rp.. .•F. �.. v.••�.•a..� a Y. 11" . vflt Lt._ � �f��a�..!ivti_♦n"L�® LEGEND I14bNe1Wlen qw. bFut tV �mFtll011b� 1 Me tea-s 1 GwwWr1 vuw ®T.Y aae 1 iba lyNrorl moa-a t mww Nti� ta.a toa-w I o�yb No".w 1 x.e LW �w-a . O da,. OW..a . Rtl0/.�e� o Y....a o rwr • mo.. F + ` i I 1 + 1 + i + 1 � I i ■ I ■ ■ ■ ■ ■ ■ I c 1 I € i i i t / f / Ipl / / 1 / / / 1 / 1 1 / I j I E t 1 i I NCSPA Horseshoe Shoal MOW 42'+2' JU N 14 2016 1 Project No.: 2016-06.10 ACM MP-1 APPLICATION for ' Nle➢or Development Permit (last revised 12127/06) North Carolina DIVISION OF COASTAL MANAGEMENT 9' iPrrmaryApp& tl,'Lanof er`Informahon� Business Name Project Name (if applicable) " North Carolina State Ports Authority BED LEVE LING OF"HORSESHOE SHOALS " Applicant 1: First Name MI Last Name JEFFREY E MILES, Applicant 2: First Name MI Last Name. - if additional applicants, pleaseattach an additional pages) with names listed.- " ' Mailing Address -PO Box" ` City State: P.O. BOX 9002 9002 Wknington NC ZIP Country Phone No. FAX No.. 28402 USA 910-343-6430- ext.. 910-343-6237 Street Address (if different from above) City , Stale ,ZIP 2202 BURNETT BLVD [Wilmington NC 28401- Email jeff.miles , @ncports.com '2:' Agenf/Coniractor±Information Business Name - North Carolina State Ports Authority Agent/ Contractor 1: First Name MI Last Name TODD C WALTON Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box .City 'State P.O. BOX 9002 9002 Wilmington NC ZIP Phone No. 1 Phone No. 2 .28402 910 - 251 - 5678 ext. - - ext. FAX No. Contractor # 910 251 5686 N/A Street Address (if different from above) City Slate ZIP 2202 BURNETT BOULEVARD Wilmington NC 28401 - Email TODD.WALTON@NCPORTS.COM RECEIVED <Form continues on back> JUN 14 Z016 252.808.2800 :: 1.808.4RCOASY :: www.riccoestalmonagement.not Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit County (can be multiple) Street Address - Slate. Rd. 8 BRUNSWICK HORSESHOE SHOAL Subdivision Name. ;City Stele Zip NIA NEAR SOUTHPORT NC Phone No. LotNo.(s) (it many, aliech additional page with list) 910-261-6678 ext. , P. In which NC -river basin Is the project located? b.; Name ofbody of water nearest to proposed project' CAPE FEAR CAPETEAR RIVER c. Is the water body Identified In (b) above, natural or manmade? d. Name the closest major water body to the proposed. project site. ®Natural ❑Manmade []Unknown CAPEFEARRIVER" e. fs proposed work within city limiWor planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed []Yes ®No work falls within. NA `Iv ti \ vrJ t tl �:: 1 ,. A ( e v i 4 t ii t)(x xfF 1 ♦ xt Jx yt a. Total length of shorellne,on the tract(ft.) b. Sizo;of entire tract NIA NIA c, Size of individual lolls) d. Approximate elevation of tract above NHW (normal high wateg or NIA, NWL (normalwelerlevoq, (if many lot sizes, please attach additional page with a list) N/A ' ❑NHW or ❑NWL e. Vegetation on tract " CAPE FEAR RIVER I. Man-made features and uses now on tract PROJECT LOCATED WITHIN THE CONFINES OF THE 'CAPE FEAR RIVER SHIPPING CHANNEL, CURRENTLY DREDGED ON AN AS NEEDED BASIS BY THE USACE g. Identify and describe theexisting land uses ad scent to the proposed project site. Disposal Area 94, UPLAND DREDGE DISPOSAL SITE owned by Duke Energy 'h. !How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? NA (Attach zoning compliance certificate, If applicable) ❑Yes ❑No RNA j.'is the proposed activity part of an urban waterfront redevelopment proposal? []Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a'copy. ❑Yes ®No ❑NA If yes, by whom? 1. Is theproposed project located in a National Registered Historic District or does it Involve a []Yes [KNo DNA National Register listed or eligible property? " rcrccrvr_u <Form continues on next page> )CIA W111 IINGTON, NC 252-808-2808 :: 1.880.4RCOAST :: www.nccoastalrnanagement. net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands.on the site? ❑Yes ®No (ij) Are lhere'ceastal wetlands on the site? ' ❑Yes ®No (III) If yes to either (i) or (Ii) above, has a delineation been conducted? •❑Yes ®No (Attach documentation, if available) n: Describe existing wastewater treatment facilities. NA o. Describeexisting drinking water supply source. r NA p. Describe existing storm water management or treatment systems. _ NA ,5 rA''C vities;andllmpactx a. Will the protect be for commercial, public, or private: use? .: ®Commercial ZPublialGovernment ❑Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. THE AREA IS CURRENTLY.USED AS A NAVIGATION CHANNEL'FOR VESSELS COMING/GOING FROM THE'OCEAN TO TERMINALS ON THE CAPE FEAR RIVER: 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. BED LEVELING OF MATERIAL IN EXISTING RIVER.CHANNEL . A TUG WILL PUSH A BARGE WITH A BEAM. ATTACHED TO CABLES AND WENCHES TO ENSURE PRECISE DEPTHS d. List all development activities you propose. NA e. Are the proposed activities: maintenance of an existing project, new work, or both?, THIS IS.MAINTENANCE'OF THE USAGE AUTHORIZED DREDGE , AREA I. What Is the approximate total disturbed land area resulting from the proposed project? NIA ❑Sq Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area []Yes ®No []NA that the public has established use of? h. Describe location and. type of existing and proposed discharges to waters of the state. na i. Will wastewater or stormwaler be discharged Into a wetland? []Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? []Yes ❑No ❑NA J. Is there any mitigation proposed? ❑Yes ®No' ❑NA If yes, attach a mitigation proposal. RECEIVEDWit �IC <Form continues on back> JUN 14 Z016 252-808.2800 .. 1-888.4RCOA£T .. www.n.ceanstaimanagemont."not Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit a. A project narrative. • b. An accurate, dated work plat (Including plan view and cross-secll proposed project. Is any portion already complete?If previously between work completed andproposed. , c. A site or location map that is,sufficienlly detailed to guide:. agency d. A copy of the deed (with state application only) or other instrume e. Theappropriateapplication fee. Check or money order made, pa I. A list of the names and complete addressesof the adjacent water owners have received a copy of the application and plats.by certi 'which to submit comments on the,proposed'projecl tothe Divisio I'itJame- "" SAddress lorraevelogmenttappucouvq„pr,, raw, rY 7:7.:, drawings) drawn to scale. Please give. the.presenl status of the iorized:Work, clearly indicate on maps; plats, drawings to distinguish per sonnei,unramniarwun mn•a,cn ry n,aa„o. nt under which the•applicanl claims,titleto the affected properties. yable to DENRI .,. front (riparian) landowners and signed return receipts as proof that such fled mail. Such landowners must be -advised that they have 30 days In o'gf,CoastalManagement, Name ., ., .... Phone No.' Address' f..ytJame - Phone No? i g. A list of previous state or federal permits Issued for work on the project tract. Include, permit numbers; permittee, and Issuing dates. h. Sighed consultant or agent authorization form, ifapplioable. , 1. Welland delineation, if necessary. - j. A signed AEC hazard notice for projectsin oceanfront and Inlet areas., (Must be sfgried by properly owner) k. A statement of compliance with theN.C. EnvlronmentarPolicy ACt(N.C.G,B, 113A:1-10), if necessary: If the project involves expenditui of public funds or use of public lands, attach a stalementdocumenting compliance with the North Carolina Environmental Policy Act. . 7.'tCertfhcaton and P, ermrssionkto�Enterron�l?andl' , • r. � '` ,a''. t � s, r 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 6/142016 Print Name. JEFFREY E. MILES Signature' Gf Please indicate application attachments pertaining.to yourt5sedoject. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 ' Bridges and Culverts ❑DCM MP-3 Upland Development RECEIVED ❑DCM MP-4 Structures Information DCM 14rILP,41NGT0N, NC JUN 14 2016 252.808.28,00 :: 1.888.4RCOAST :: www.nccoasta l management. net Form ®CM MP-2 EXCAVWTRON and ` LL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form.DCM MP-1. Be'sure to complete all other sections of the Joint Application that relate to this proposed project. Please lnciude,all supplemental information. Describe below the purpose of proposed excavation and/or fill activities: All values should be.gieen in feet, Access other Channel. Canal BoatBasin. Boat Ramp Rock Groin Rock Breakwater (excluding shoreline (NLW or NWL) stabilization Length 3801Y Width 300' xisting 39'-40' t)p tJA IiN a�v Depth attar t,} Final Project Depth�a�m�x.,1+t..,.r"r�� 4T+2' �St 100,0000Y c. O Does the area to be excavated Include coastal wetlands/marsh (CW) submerged aquatic vegetation (SAV), shell bottom (SB), or olherwetlands (WC)? Ilany boxes are checked, provide the number of square feel affected. ❑CW ❑SAV ❑SB OWL ®None (II) Describe the purpose of the excavation in these areas: TO RETURNT THE CURRENT DEPTH OF THIS PORTION OF THE RIVER TO PROJECT DEPTHS a. Location of disposal area. SEE ATTACHED NARRATIVE c. (I) Do you claim title to disposal area? []Yes ❑No ❑NA (i) If no, attach a letter granting permission from the owner. e. (i) Does the disposal area Include any"coaslal wetlandsimarsh ' (CW) submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked; provide the number of square feel affected. ❑CW ❑SAV ❑SB ❑WL ❑None (I) Describe the purpose of disposal In these areas: d. High -ground excavation In cubic yards. 0 area. d. (1)'Will a disposal area be available for future maintenance? []Yes ❑No ❑NA (II) If yes, where? t.. (1) Does the disposal Include: any area. In the water? []Yes NNo []NA ` (1) If yes, how much water area Is affected? RECEIVED DCM WiL[AiNGTON, NC JUN 14 2016 282.808.2808 rr 1.888.4RCOAST :l www ncconstalmannaement.net revised: 12126106 Form ®CM MP-2 (Excavation and Fill, Page 2 of21) 3 SHORELrINE$-TABIL'IzATION ®This sechonrnot app6catile (I(;developmenhs,vwoorlgroin {use MR`,4: Structures)/ ' r a. Type of shoreline stabilization: D. " Length: []Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other:— Width. ; c. Average distance walerward of NHW or NWL:' `d. Maximum`distance waierward of NNIN e. Type of stabilization material: g. Number of square feet of fill to be placed below water level. Bulkhead backfill _ Riprap i I- 1 'I i 'j Breakwater/Sill— Other_ 1. Source of fill material. 4 ;OTHERxFIL'L /ACTIVITIES ®This sectroninot app6ca6)e,i (Excfudm9. lnefineCStabr/lia'tron)7 ,a. (i) Will fill material be brought to the site? ❑Yes '❑No f ❑NA b. '(1) Will fill material be, placed in coastal wetlands/marsh If yes, submerged aquatic vegetalibn (SAV), shell bottom (SB), or ,other Wetlands,(WLj7 If any boxes:ard checked, provide the (it) Amount of material to be placed in the water _ ' number,of square feetaffected: - - (fii)Dimensions .offill area ._ ❑CW ❑SAV ❑SB j (iv) Purpose of fill - ❑WL❑None (ii) Describe the purpose of the fill in these areas: 7 5 GENERA'L = a. How will excavated or fill material be kept on site controlled? Bedaeveling will be performed on the falling tide. c. (1) Will navigational aids be required as a result of the project? ❑Yes ®No -❑NA (iij.lf yes, explain whal'lype and how they will be implemented. I. (i) Has there been shoreline erosion during preceding 12 months?, ❑Yes; ❑No❑NA (iq,lf,yes, state amount of erosion and source of erosion amount information., ,. h., Type,of fill -material. ,. What type of construction equipment will be used (e.g., dragline, ,backhoe„or hydraulic dredge)? Tugboat, barge with cable and wench system to hold beam at ,precise depths. d. (I) Will wetlands be crossed in transporting equipment to project site? ❑Yes ®No ❑NA (il) If yes, explain steps that will be taken to avoid or minimize environmental Impacts. )RTF�rGARQLINA phcant Narn_er 9TE RORT$?AU ')2ECE)VEQ �1iWILPf11NG70t` JUN 14 2016 252-808.2808 :: 1.886-4RCOAST :: www neconstalmanaaement.net revised: 12126/06 Form ®CM MP-2 (Excavation and Fill, Page 3 of 3) P /YUWV1� 1 �Ap Ican4Si natu e� RECEIVED DCM \VILMINGTOK IJG JUN 14 2016 252.808.2800 :: 1.888.4RCOAST :: www nccOastlllm-'naaement net. revised: 12126106 Major Permiffee Schedule; DWQ % Development Type Fee (1430016014351(06093162562521)� (24360160241351000952341) I. Private, non-commercial development that does not involve the filling or excavation of any wetlands or open water areas: $250 100"/0 ($250) 0%($0)- 11; Public or commercial develdipment that does hot involve the filling or excavation of any wetlands or open water areas: $400 100% (iob) .0%($0) 111. For development that Involves the filling and/or excavation of up to 1 acre of wetlands and/or opera water areas, determine If A.B, C:, or D below applies: N III(A). Private, non-commercial development, if General Water Quality Certification No. 3490 (See attached) can be applied: $250 100% ($250) 0%($0) 111(8): Public or -commercial development,,if General:Water Quality Certification No. .3490 (See attached) can be applied: $400 100%($460) 0%($0) III(Q.. If General Water Quality Certification' No. 3490 (see attached) could be.applied;.but DCM staff determined that additionalreview and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: $400 60%($240) 40% ($160),. III(D). If General..Water Quality Certification No. 3490 (see attached) cannot be applied: $400. 60b/6 ($240) .40%($160) IV. Development thaf involves the filling andfor excavation of more than one acre qfwetlands and/or t$ open water areas: 4 715 60%($286) 40%($190) 1ytmvWby.L19A_MCPRTHNR(2O1&O&iO) taet PdUW:2O1&9&10 FOennne:%WSR FPWI.NAAECOMNU.COMNATAWORRISMLL OMIWCSPA\ILM 2015 KINDER MORW%WORWNO OR4WINGWO1&0&10_HORSESHO5-SHOALWORSESHOE_SHCF.0WG i d 8 F7FMP 8 Project Management InNae: Oeagne[ Checked: Approved: ANSI D 22'x 30" I I11111111 1 N�&SSN5�f6k u p G O g S S S S 8 S S I i M S S N O V ypO O C y! G V Y Y yy es O G O O v � � c N 7g g EE $ NCSPA Horseshoe Shoal RECE�►/Ep atom - , 42'+2' JuN I Project No.: 2016-06-10 .16 2016 OCP4_ MHD CITy HORSESHOE SHOAL TYPIEALSECTION r '1 - a v aD vb•ANa ]fY av ., a. v ,n Yvxav a. fai aT„» aar K 1v9 y..yngF anK y»a. Yv vvvv Yavv g - NNv .. avTy T -• u a a 4,.. 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