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HomeMy WebLinkAbout127-16 EMERGENCY Ocean Club Master Associationt� r Tiermit Class EMERGENCY STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Verint"t for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 X Excavation and/or filling pursuant to NCGS 113-229 ,'Issued to The Ocean Club Master Association,1700 Salter Path Road, Indian Beach, NC 28575 Permit Number . 127-16 Authorizing development in Carteret County at adjacent to Bogue Sound, 1700 Salter Path Road, near Indian Beach, as requested in the permittee's application dated 11/4/16, including attached workplan drawings (4), 1-4 of 4, all dated 10/2016. This permit, issued on December 12, 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. Shoreline Stabilization 1) The alignment of the permitted bulkhead shall be verified by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. `•2) The bulkhead shall be constructed in accordance with the alignment depicted in the workplan drawings. No backfill material shall be placed within. 30 feet of the normal water line, except that which will be used to backfrll the area behind the permitted bulkhead. . 4) The bulkhead shall be constructed prior to any backfilling activities. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other Signed by the authority of the Secretary of DEQ and the qualified persons within twenty (20) days of the issuing date. Chairman of the Coastal Resources Commission. This permit must be accessible on -site to Department :personnel when the project is inspected for compliance. -Any maintenance work or project modification not covered 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. Br ` on C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee The Ocean Club Master Association Permit No. 127-16 Page 2 of 3 ADDITIONAL CONDITIONS 5) The temporary placement or double handling of fill materials within water or vegetated wetlands is not authorized. 6) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 7) No excavation, or other land disturbing activities, is permitted except for that which may be required for the construction of the bulkhead wall. This permit does not authorize any excavation waterward of the approved alignment. 8) All backfill material shall be clean and free of any pollutants except in trace quantities. 9) All backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. 10) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles, or other suitable materials approved by Division personnel. Sedimentation and Erosion Control 11) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 12) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of any phase of grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately landward of the bulkhead cap immediately following completion of backfilling activities. General 13) Prior to the initiation of any development activities authorized by this permit, the permittee shall obtain all required permits from the U.S. Army Corps of Engineers, and a copy of the permit shall be provided to the Division of Coastal Management. 14) No excavation or filling of any vegetated wetlands is authorized outside of the alignment indicated on the attached workplan drawings. 15) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 16) 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. 17) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. DCM MP- 1 APPLICATION for Major Development (last revised 1227106) Permit North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name The Ocean Club Master Association Project Name (it applicable) Bulkhead Replacement Applicant 1: First Name Betty MI Last Name Johnsey (board president) Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address 1700 Salter Path Road PO Box City India Beach State NC ZIP 28575 Country Phone No. 252-247-2035 "L FAX No. - - Street Address (if different from above) City Staff ZIP Email 2. Agent/ContractorInformation Business Name Gary Greene Engineers Agentl Contractor 1: First Name MI Last Name Gary K Greene Agent/ Comractor 2: First Name MI Last Name Mailing Address PO Box City State PO Box 9921 Raleigh NC ZIP Phone No.1 Phone No. 2 27624 9213 919 - 855 - 8488 ext. 919 - 417 -1698 ext. FAX No. Contractor C 919 882 9654 Street Address (if different from above) City Slate ZIP 5832 Faringdon Place, Suite 2 Raleigh NC 27609 - Email gkgreene@earthlink.net <Form continues on back> 252-808-2808 .. 1.888-4RCOAST .. www.nccoastaimanagement.net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Carteret 1700 Salter Path Road Subdivision Name City State Zip Indian Beach NC 28575 - Phone No. Lot No.(s) (d many, attach additional page with list) - ext. a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project White Oak Bogue Sound c. Is the water body identified in (b) above, natural or manmade? d. Name the closest majorwaler body to the proposed project site. ®Natural ❑Manmade ❑Unknown Bogue Sound e. Is proposed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. Indian Beach NC 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of enfire tract (sq.ft.) 1076 ft 384,199.2 c. Size of Individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) (if many lot sizes, please attach additional page with a list) 8 ft ®NHW or ❑NWL e. Vegetation on tract Wetlands, Undeveloped Coastal Forest and Developed area landscaping f. Man-made features and uses now on tract Condominiums, pool, parking areas, conference building, roadways, timber bulkhead, , community pier/docking facility g. Identify and describe the existing land uses ad acen to the proposed project site. Campground / Undeveloped property h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? Residential (Attach zoning compliance certificate, if applicable) ®Yes ❑No LIMA j. Is the proposed activity part of an urban waterfront redevelopment proposal? [--]Yes RNo k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes RNo DNA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes RNo DNA National Register listed or eligible property? <Form continues on next page> 252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (1) Are there wetlands on the site? ®Yes ❑No (11) Are there coastal wetlands on the site? ®Yes ❑No (III) If yes to either (i) or (it) above, has a delineation been conducted? ❑Yes NNo (Attach documentation, if available) n. Describe existing wastewater treatment facilities. into municipal sewer o. Describe existing drinking water supply source. municipal water system p. Describe existing storm water management or treatment systems. infiltration into dry ponds and sheet runoff to sound 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Govemment NPrivate/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. No change to purpose/ use / daily operations. Condominium with both vehicular and marine vessel temporary packing c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Construction will utilize cranes (Floating and land based), equipment for bulkhead and backfilling along with manual labor for all items. Storage of equipment will either be on site or approved staging area d. List all development activities you propose. Installation of a vinyl bulkhead in front of existing deteriorating and failing timber bulkhead e. Are the proposed activities maintenance of an existing project, new work, or both? both I. What is the approximate total disturbed land area resulting from the proposed project? 450 NSq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area []Yes NNo ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the stale. existing storm water features exist and will not be modified 1. Will wastewater or stonnwater be discharged into a wetland? []Yes NNo []NA If yes, will this discharged water be of the same salinity as the receiving water? Dyes ❑No ❑NA j. Is there any mitigation proposed? []Yes NNo ❑NA If yes, attach a mitigation proposal. <Form continues on back> 252-808-2808 :: 1.888.4RCOAST :: www.nccoastalmanagement.net Form DCM MP-1 (Page 4 014) APPLICATION for Major Development Permit 6. Adefidonal /n/onnadon----- In addition to Mis—Plefed appliceliun rpm. (MP-1) the rdkhumg items below, if spplicabb, must he submitted m ortlerfor the abdication packpe b he mrrrpbh Items (ef — (p are eAvaya applicable fo any cosign devebpmeM applicator. Phase mnsuh the application instruction, booklet on Prow fopapa pospae the requireditems below a. A project mines". b. An accurate. dated work plat (including plan view and sow -sectional drawips) convert to scab. Please give the present arm" of the proposed project. Is any potion already comPleei 8 previously authorized work, clearly, indicate on maps, plat, drawings to contiguous bpwsen wok completed and proposed. c A s9s w bollon map that is sufficiently detailed to guide agency personnel unfamilia-witg the area to the ate. it. A Copy of ft deed (with state application only) w other instrument under which the applicant claims MY to the affected properties. e. Tkoappropriate application he. Check or moery woor made payable to DENR. f. A fiat tithe names and canplete addresses of the adjacent waterfront (riparian) landowner and signed Blum receipts as proof that such owmae tuft recemed a copy of the applkation and plat by certified mail Such tndowners must be advised that they have 30 days in winch to submit comments on the proposed project to the Division of Coastal Management, Name Step Creek Turks" Inc Plve No. 919.773.3130 Address Po Boa 10009. Goldsboro NC 27532 Name Lillian Taylor Estate do Jacit Stencil Plus No. 9194115-0611 Addrew 1406 Rods Dam Ct, Rains NC 27615 Npru Pllwls No. Address S. A Y of prevbre pap or federal pampa issued for ,,l, an Ole protM #*a Include palms nurtire, parrrrMea. said botnp daps IX.M/0803 The Conn. Club LLC -new rasiMr" develogsew W Pia. Mod/and for buMwed 30M and [set renewed Ifg97 h. Signed consultant or pent auUerastinn form, it applicable. L WalWid dsRps9on, 9 neastary. J. A signed AEC hared notice (w PrWsds M oaanhwe ard'nM areas. (aaNf M in hypopsrly moor) Is. A statement w compliance wth me N.C. Environmentalist, Ad (N. - .S. 113A 1-10). 9 necawary. ff the prejsw Involves; expendkm of puwk funds or use o1 pubic lands. attach a statement documenting oarplana wen the North Carolina Enviwsrewp Poll Are. I understand that any permit issued in response to this application will allow o^fy the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that 1 am authorized to grant, and do in fact grant permission to representatives of stale and federal review agencies to enter on the aforementioned lands in connection wim 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 _November 4. 2016 Print Name _Gary K Greens Signature / Please indicate application attachments pertaining to your proposed prujecl. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ODCM MP3 Up and Development DDCM MP-4 Stextures Information 252-808.2606 .: 1.006-4111 :: www.nccoastalmanagurnant-net Form GCM 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 Acceps Other Channel Canal Boat Basin Boat Ram p Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL stabilization Length Width Avg. Existing Depth NA NA FinalProjeot Depth NA NA 1. EXCAVATIOM ®This section notappllcable cubic yards. c. M Does the area to be excavated include coastal milandsrmarsh My). submerged aquatc vegetation ($AV), shell bohom (SB), w otherwatlands (WL)? If arty time are checked, provide the number of squaw feel affected. OCW OSAV _ OSB OWL ONone (b) Describe the purpose of the excavalion in these areas: 2. DISPOSAL OFIXCAVATED MATERIAL a. Location of dispoaa area. a (7 Do you dahn tNe to dreposul oroe? OYes ONO ORA (i) line, aftadh a letter granmg permission from the ovmer. e. (i) Does the disposal area include any wastal mtlandsrmamh (CM. submerged aquatic vegetation (SAV), shen bohom (SB), oretherwehands (WL)? If any beves are checked, provide the number of square feet affected. OCW OSAV _ OSB OWL ONone n Describe the purpose of deposal in these areas: d. High -ground excavation in cubic yards. ®This section not applicable b. Dimeredomtofdisposalarea. d. (1) Wul a disposal area be available for future maintenance? []Yes ONO ONA (b) Ilyes, where? 1. O Does hre disposal indude any area in thew r? OYes ONo []NA fall If yes, how much water area is affected? 252.808-2800 :: 1-8884RCOAST :: www.nccoastnhmanmgement.net revised: 12126106 Form DCM MP-2 (Excavation and Fill, Page 2 of 2) 3. SHORELINE STABILIZATION ❑ This section not applicable (I)Oevelopment is a wood gran, use MP-4 — Structures) a. Type of shorekne gt Aiationb. LergN: East wall 38 ®Bulkhead ORiprap Breakwail OOther:_ Width : gixlwsforeastbukhead a Average distance walerward of NMY or NWIL East wall0 to d. Maxknun distancewateward of NMW orNIM East was 13 25' 1325' w/ 2.V eve. e. Type of stabilaatlon malenal: Vinyl shaehiile bulkhead, Rork D well ends g Number of sousing i" of fill to be placed below water level. Bulkhead badifrll 963 East Well Riprap 41 Breakwater/Sill Other Source of fill material. Approved borrow, site f. (i) Has there been shorelka erosion during preceding 12 morons? ®Yes ONO ONA (pi) If yes, state amount of eroiion and source of erosion amount Information. review of Googk map real h. Type of fill national. clean saW for bulkheads 4. OTHER FILL ACTIVITIES ® This section not applicable - (Excluding Shoreline Stabilization) a. (i) W41 fill material be broughl W the see? OYes ❑No ❑NA b. p) WYI fit naional G placed n coastal wetlancsenarsh (Cv.7, If yea, subrllrged aQuatic vegetation (SAV), shall bottorn (Se). or (ul Amount Of material to he Placed le the water — other watlaMs (WL)? R any boxes are checked, provide the numbe(of square fast affected. (ilk) Dimensions of fill area ❑CW OSAV _ OSB — (N)Purppaaoffill E]WL ONone (n)1v x* a the purpose or the fill m these areas: A GENERAL a. Nov will excavated or fill material be kept on She and erosion b. Whet type of rautructlen equipment will be in" (e.g., dragfne, controlled? backnoe, or hydraulic dredge)? All fill will be placed behind installed bulkhead Bane with bucket and possibly conveyer W distribute C I,) WA navigelional ads be required as a all of the project? d. (I) VO k1laltallda be dossed in transporting equipment to project OYes ®No :)M ate? Oro ®NO OKA (it) it yes, explain what type and how they will be nplemented. W If yes, explain steps that will be taken to avoid or mini nine environmental knoll Nwelnber 4, 2016 Gary K Greene Dale,Bulkhead Replxsrnent Project Name 252-808-2808 r. /-8884RCOAST:: www.nccoasGlmanagemenenes revised: 12/26106 LINE FOR RIPARIAN n C LINE a i Y o 34' 41.28' NO.ATL z 76' S4.08' W LOCATION . NTIC OCEAN 0 ZW 10 R PATH ROAD o i EXTENDED PROPERTY _ �. LOCATION MAP NO SCALE ,- LINE FOR RIPARIAN LINE i 9 RYA nnm roc u / / xV E U BASED W NMMB O 0 ppyJ{1 ¢W DANY PYW!!) EA wnY 7. EFF sTAPM 0950M6]. SPC)F19 (REEK ./ MEEK L61L EH%]L OE ZtAn t Z 6� W (- EON 1p.LL 1p MAW CDROEUOW. - Y - -LIT W1 R000 ZONE (M) MW EEMA MAP - N y OGRE EOM -20 W[ �\ ]]2061NODA 7/16/M3 iETC ELEVA0p5 ARE EIDRESAO x FEET W � � W a � �W z> TIDAL DATA w I OCEAN CLUB o W J W Q O � d N H Cl W Z CL Q O J CC J d J ■5� I PARTIALLY REMOVE / EXTENDED PROPERTY EXISTING BULKHEAD LINE FOR RIPARIAPY-, LOCATIONPLAN LINE NEW EAST WALL BULKHEAD 15 FT OFFSET SEE SHEETS P2, P3 & P4 !BUFFER RECEIVED PARTIALLY REMOVE TOP E%IST BULKHEAD TO ELEVATION +6.5 REMOVE 202 CAP FROM BULKHEAD l i OCT 31 2016 REMOVE EXIST '.M STAIRS' 'x• �'j �75 FT AEC DCM- MHD CITY SCALE: NO SCALE DEMOLITION AND NEW WORK PLAN PURPOSE: BULKHEAD & SILL MAP AND GENERAL PLAN GARY GREENS WORK: MAINTENANCE AND ORIGINAL EAST WALL BULKHEAD REPLACEMENT e N c 1 N E . s PO B(I% 9921] RALDGN. NC 27624 — DATUM: NAVD 88 APPLICANT: THE OCEAN CLUB MASTER ASSOCIATION WATER BODY: BOGLE SOUND ADJACENT PROPERTY OWNERS: STREET: SALTER PATH ROAD 1. ULUAN ITTAYLOR ESTATE 1700 SALTER PATH ROAD CITY COUNTY: INDIAN BEACH CARTERET 2. SLEEPY CREEK TURKEYS INC INDIAN BEACH NC 3, DATE: 10/2016 SHEET 1 OF 4 MA 1 1 � 6 �O U O <�oa b OFFSET CAE �. o `° O - o 3 jl L ° \ z ° O O j i i O I ` 3'-4" I REC EIVED OCT 31 2016 DC"- MHD C17'y m LL a LL , SCALE: i"= 20 it N PURPOSE: BULKHEAD & SILL EAST WALL, SHEET 1 GaxY GREENE WORK: MAINTENANCE AND ORIGINAL EAST WALL BULKHEAD REPLACEMENT ENGINEERS MWEN PO BOX BB213 RAUUI , NC 27624 DATUM: NAVD 88 APPLICANT: THE OCEAN CLUB MASTER ASSOCIATION 1700 SALTER PATH ROAD WATER STREET: pry BODY: ROGUE SOUND SALTER PATH ROAD COUNTY: INDIAN BEACH CARTERET ADJACENT PROPERTY OWNERS: 1. LILUAN P TAYLOR ESTATE 2. SLEEPY CREEK TURKEYS INC 3. INDIAN BEACH NC DATE: 10/2016 SHEET 2 OF 4 m ED N II + ci a in w � s < + Y j W 7 g m Y J J w tr O Z ym1 U = > LL N r N m O O fpYQ U lye O6 L om ale Qom\ Z w �ww z a I n ai T as Y W N '•\ ° o H 91 ~Q ♦ I �Z j!ti i i E K RECEIVED OCT 31 2016 m <-> ') TI N 4 DCM- MHD CITY �� Al N N SCALE: 1"= 20 It \ PURPOSE: BULKHEAD & SILL EAST WALL, SHEET 2 GARY GREENE WORK: MAINTENANCE AND ORIGINAL EAST WALL BULKHEAD REPLACEMENT ENGINEERS PO M. 99213 RMEICI. NC 27524 DATUM: NAVD 88 APPLICANT: THE OCEAN CLUB MASTER ASSOCIATION WATER BODY: BOGUE SOUND ADJACENT PROPERTY OWNERS: STREET: SALTER PATH ROAD 1. ULUAN P TAYLOR ESTATE 1700 SALTER PATH ROAD CITY COUNTY: INDIAN BEACH CARTERET 2. SLEEPY CREEK TURKEYS tNC INDIAN BEACH NC 3. DATE: 10/2016 SHEET 3 OF 4 O � aQ O V O Z O Q W z O Q J U JO a00 A� CEIVED + + W OCT S 12016 W W O � 2 W 4 W N N OT q W [�lCM- MHD CITY SCALE: 1 8" = 1 It o +: i o + i PURPOSE: BULKHEAD & SILL BULKHEAD SECTIONS GARY GREENE WORK: MAINTENANCE AND ORIGINAL EAST WALL BULKHEAD REPLACEMENT E N 0 1 N E E R s mmoll 80K "Zia RALEIp. NC 27624 DATUM: NAVD 88 APPLICANT: THE OCEAN CLUB MASTER ASSOCIATION WATER BODY: BOGUE SOUND ADJACENT PROPERTY OWNERS: STREET: SALTER PATH ROAD 1. UWAN P TAYLOR ESTATE 1700 SALTER PATH ROAD CITY COUNTY: INDIAN BEACH CARTERET 2. SLEEPY CREEK TURKEYS INC INDIAN BEACH NC }. DATE' 10/2016 SHEET 4 OF 4 Coastal Management ENVIRONMENTAL OUALITV December 13, 2016 The Ocean Club Master Assn. c/o Betty Johnsey P.O. Box 4455 Emerald Isle, N.C. 28594 Dear Sir or Madam: PAT MCCRORY Goren.- DONALD R. VAN DER VAART &m1my BRAXTON DAVIS Din ciar 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 I I3A-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 ec��Sincerely, c X d /! a�Oxw- Douglas V. Huggett Major Permits Manager N.C. Division of Coastal Management State of Nardi Carolina I Environmental Quality I Coastal Management 400 Commerce Avenue I Morehead City, NC 28557 252-808-2808 T DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Ocean Club Master Assn. County: Carteret LOCATION OF PROJECT: At 1700 Salter Path Rd., near Indian Beach, adjacent to the Bogue Sound. DATE APPLICATION RECEIVED COMPLETE BY FIELD: 11/4/16 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: No CONSISTENCY DETERMINATION: Attached: No To Be Forwarded: Yes FIELD REPRESENTATIVE: Brad Connell DISTRICT OFFICE: Morehead City DISTRICT MANAGER REVIEW: Roy Brownlow B) DATE RECEIVED BY MAJOR PERMITS UNIT: 11/23/16 PUBLIC NOTICE REC'D: Yes ADJ. RIP. PROP NOTICES REC'D: Yes APPLICATION ASSIGNED TO: Doug Huggett C) 75 DAY DEADLINE: I/141 i MAIL OUT DATE: 11/23/16 FEDERAL DUE DATE: PERMIT FINAL ACTION: ISSUE DENY FEE REC'D: $400.00 (60/40) END OF NOTICE DATE: DEED REC'D: Yes ON: 11/23/16 150 - DAY DEADLINE: STATE DUE DATE: FED COMMENTS REC'D: DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management- Regional Representative Cossul Management - LUP Consistency Determimtion , / I 1 / 2J ( / VVV v�lCy G Division ofCommuNty Assisunce DEN%R-Wad Quelity Section Division of Water Resources401 4f/ DEMLR-Storm Water Management State Property Office Division of Archives&History DMF-Shellfish Saniufion I (/ Jy le OWK-mblic Water Supply Division of Highways Wildlife Resources Commission Local Pe nut Office DCM-Fisheries Resource Specialist f7 Corps of Engineers Water Resources ENVIRONMENTAL QUALITY PAT MCCRORY DONALD R. VAN DER VAART Secremn: S. JAY ZIMMERMAN December 12, 2016 " m".' Carteret County DWR Project: 20161173 The Ocean Club Master Association c/o Betty Johnsey (Board President) , 1700 Salter Path Road Indian Beach, NC 28575 Subject Property: Bulkhead Replacement Approval of 401 Water Quality Certification with Additional Conditions Dear Ms. Johnsey, You have our approval, in accordance with the attached conditions and those listed below, to impact 0.02 acres (945 square feet) of 404 wetlands/coastal wetlands and 0.01 acres (450 square feet) of open water in order to construct 389 linear feet of new vinyl bulkhead as described within your application received by the Division on November 29, 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: hLtp://Portal.ncdenr.org/web/wg/Lwp/ws/401/certsandoennit . 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 l,{q��Q It a new application package with the appropriate fee. If the property is s �f must be DEC 2 9 Z016 State of North Carolina I Environmental Quality I Water Resources 1611 Mail service Center I Raleigh, North Carolina 27699-1611 D C M- M H D CITY 919 707 %00 Ocean Club Master Association, Inc. Bulkhead Replacement Carteret County 20161173 . a. 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 (I 5A NCAC 02H .0501 and .0502) . 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. 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 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)] RECEIVED DEC 2 9 2016 DCM- MHD CITY Ocean Club Master Association, Inc. Bulkhead Replacement Carteret County 20161173 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 laool 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]. 8 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)]. 9 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: htty://t)ortal.ncdenr. org/web/wg/swp/ws/401 /certsandpermits/aooly/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 water; 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 httv://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 OAR filing fee is received in the OAR during normal office hours (Monday through Friday between 8:00 am and 5:00 pm, excluding official state holidays). RECFJVED DEC 2 9 2016 DCM_ MHO C[TY Ocean Club Master Association, Inc. Bulkhead Replacement Carteret County 20161173 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. 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 DEQ: .= r RECEIVED Sam M. Hayes, General Counsel DEC 2 9 2016 Department of Environment and Natural Resources DCM- MHD CITY 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 or Robb Mairs in the DWR Wilmington Regional Office at 910.796.7427 or Robb.Mairs(a)ncdenr.gov. Sincerely, C---� Jim 7regson, Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ Enclosure: GC 3900 cc: Gary Greene, P.E. — Gary Greene Engineers Liz Hair - USACE Wilmington Regulatory Field Office Doug Huggett — DCM Morehead City DWR 401 & Buffer Permitting Branch file WiRO DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Ocean Club Master Association Inc. LOCATION OF PROJECT SITE: The project is located adjacent to Bogue Sound at 1700 Salter Path Road, near Indian Beach, Carteret County. Latitude:34°41'18.84"N Longitude: 076°54'0.79"W INVESTIGATION TYPE: CAMA/D&F INVESTIGATIVE PROCEDURE: Date(s) of Site Visit—10/27/16 Was Applicant or Agent Present —No Photos Taken — Yes PROCESSING PROCEDURE: Application Received — cc: 11/4/16 Office — MHC SITE DESCRIPTION: (A) Local Land Use Plan — Carteret County Land Classification from LUP —Developed (B) AEC(s) Involved: EW, PTA, ES, PTS, CW (C) Water Dependent: Yes (D) Intended Use: Private/Community (E) Wastewater Treatment: Existing — municipal sewer Planned - N/A (F) Type of Development: Existing — condominiums and bulkhead Planned - a vinyl bulkhead (G) Estimated Annual Rate of Erosion: N/A Source — N/A HABITAT DESCRIPTION: DREDGED FILLED INCORP/SHADED (A) Shallow Bottom 450 ft2 (B) Coastal Wetlands 945 ft2 (C) High Ground�J 11 5,835 ft2 (E) Total Area Disturbed: 7,230 ftZ (F) Primary Nursery Area: No (G) Water Classification: ORW Open: Yes (H) Cultural Resources: None Field Investigation Report: Ocean Club Assoc Paee 2 Project Summary: The applicant has a bulkhead that is imminently threatening to collapse and is seeking emergency authorization to construct a new vinyl bulkhead in front of the collapsing wall for community use in Bogue Sound, Carteret County. Narrative Description: The property is located adjacent to Bogue Sound at'1700 Salter Path Road in Indian Beach, Carteret County. This property is developed with condominium units, a docking facility, and two vinyl bulkheads. The adjacent property to the east used to be a campground and the property to the west is undeveloped. The average elevation of the high ground of the parcel is about 8' above the normal high water level (nhw). There is 1,076' of continuous shoreline along Bogue Sound on this tract of land. Vegetation on the property mainly consist of palm trees, coastal wetlands, and lawn grasses. Immediate offshore water depths adjacent to the parcel range from —0.3' to —4' normal low water level (nlw). The subaqueous substrate is firm with shell. There are live oysters in the nearby vicinity of the project area. There is not a cultural resource in the nearby vicinity of the project area. This waterbody is approximately 2.3 miles across at this location. These coastal waters are not classified as a Primary Nursery Area and submerged aquatic vegetation is not present at this location. This area is open to shellfish harvest and is classified as Outstanding Resource Waters (ORW). There is not a defined Federal Channel in the nearby vicinity of this project area. This project area is within the White Oak River Basin. Proposed Development: The applicant wishes to construct a vinyl bulkhead to replace the failing eastern wooden bulkhead adjacent to Bogue Sound, in Indian Beach. The proposed development will take place at 1700 Salter Path Road, Carteret County. The proposed development will serve a private community condominium complex. The alignment of the proposed shoreline stabilization project will need to extend out up to 7' waterward of the normal high water level (nhw) at the shoreline in order to replace the existing failing eastern wooden bulkhead at this 12' elevation. As per the engineering report, the existing wooden bulkhead is dilapidated and catastrophic failure is imminent. There are existing condominium buildings approximately 40' from this existing 12' tall wooden bulkhead. The proposed bulkhead would be 389' long and 7.5' in height as measured from the surface of the substrate. The proposed vinyl bulkhead would a maximum of 13' (with a 2.5' average distance) waterward of the existing wooden bulkhead. The reason for this is in order to provide sound shoreline stabilization by structurally securing the existing collapsing bulkhead as per the engineering report. Approximately 50 square feet of rip rap is proposed on the exposed western terminus of the vinyl bulkhead to protect this corner from being undermined by heavy wave action. The east end of the proposed vinyl bulkhead will tie back into the property boundary and the existing adjacent bulkhead. Brad Connell November 23, 2016 Morehead City Field Investigation Report: Ocean Club Assoc Paae 3 Anticipated Impacts: The proposal will not pose a hazard to navigation. The proposed bulkhead will extend 7' waterward into this section of Bogue Sound. The proposed bulkhead will impact 450 square feet of shallow bottom habitat, 945 square feet of Coastal Wetlands, and 5,835 square feet of high ground. Traditional marine construction methodology will be utilized during the construction of this private shoreline stabilization project. Minimal temporary turbidity impacts are anticipated during construction. There is not a cultural resource in the nearby vicinity of the project area. These waters of Bogue Sound are not classified as a Primary Nursery Area and the presence of submerged aquatic Vegetation was not observed in the immediate vicinity of the project area. This area is open to shellfish harvest and is classified as Outstanding Resource Waters. There is not a defined Federal Channel near the project area. Brad Connell November 23, 2016 Morehead City GARY GREENE E N G I N E E R S POST OFFICE Box 9941 s RALEIGH, NORTH CAROLINA 27624-921S USA 919-855-8488 FAx919-882-9654 &MAIL: GKGREENE@GARYGREENE-ENGINEERS.COM October 26, 2016 Brad Connell Division of Coastal Management NC Department of Environment and Natural Resourses 400 Commerce Avenue Morehead City, North Carolina 28557 Subject: The Ocean Club Master Association Bulkhead Replacement of Eastern Wall Dear Mr. Connell: I am requesting an emergency major permit modification to DCM 108-03 which will allow for the replacement of the eastern wall located on the Bogue Sound of the owner's property. The existing bulkhead was constructed circa 2008 with the length of timber sheeting and piles based on exposed heights at that time and with timber that was not treated for marine exposure. At the toe of the bulkhead, no measures were installed to minimize scour impact. While a filter fabric was placed behind the wall, that fabric did not possess hydraulic properties to allow free movement of retained water through the wall. Significant erosion of the shoreline has occurred since the installation of the bulkhead resulting in loss of coastal marsh and soil in front of the wall. With the lack of proper treatment of the bulkhead timber for marine exposure, the wall has deteriorated allowing loss of backfill material through the wall. Efforts have been made to place new lumber facing material in front of the deteriorated timber; however, loss of material continues. Construction of the new bulkhead will consist of installing vinyl sheeting as close as feasible to the existing wall except for a high wall segment. At this segment, the available penetration of the existing wall is not sufficient to be stable and the wall is bowing. Therefore, the new wall be offset approximately 7 to 8 feet, minimum, from the existing wall to prevent failure of the existing wall. The reason for the offset is to avoid disrupting what support is available for the existing wall and so the new wall provides sufficient toe resistance to the existing wall that remains (creating a tiered wall). Please note that for the segment of this greater offset, 67% of the wall length is located where the mean high water line if offshore of the new bulkhead location. Attached are 1) permit drawings PI through P4 for the replacement of the eastern wall; 2) a letter noting the structural and stability concern of the wall; and 3) a check in the amount of $400 for the permit fee. Please advise of any questions or concerns. Sincerely, Gary K Greene PE D.PE Attachments Chu RECEIVED Permit Drawings, 4 pages D' OCT 31 2016 Wall Evaluation Letter 1 pages Permit Fee check DCM - M H D CITY Narrative for The Ocean Club Master Association Proposed Bulkhead The Ocean Club Master Association Replacement on the Bogue Sound in Carteret County Indian Beach, NC Page 1 of I Narrative for The Ocean Club Master Association Proposed Bulkhead Replacement on the Bogue Sound in Carteret County This project consists of various tasks associated with replacement of a deteriorated and partially failing timber bulkhead with a new vinyl bulkhead; installation of an offshore sill; and installation of pile supported (non floating) main dock and finger piers at end of an existing community pier. The following items are proposed in this permit INSTALLATION OF BULKHEAD IN FRONT OF AN Ex1STMG DETERIORATED & PARTIALLY FAILING BULHEAD The existing bulkheads were constructed circa 2008 with the length of timber sheeting and piles based on exposed heights at that time and with timber that was not treated for marine exposure. At the toe of the bulkhead, no measures were installed to minimize scour impact. While a filter fabric was placed behind the wall, that fabric did not possess hydraulic properties to allow free movement of retained water through the wall. Significant erosion of the shoreline has occurred since the installation of the bulkhead resulting in loss of coastal marsh and soil in front of the wall. The loss of soil in front of the wall has resulted in the toe of sheeting being exposed at one location and the remaining locations with minimal toe support. At high wall locations on the eastern wall segment, the exposed height has resulted in bowing of the wall. With the lack of proper treatment of the bulkhead timber for marine exposure, the wall has deteriorated allowing loss of backfill material through the wall. Efforts have been made to place new lumber facing material in front of the deteriorated timber; however, loss of material continues. Construction of the bulkhead will consist of installing vinyl sheeting as close as feasible to the existing wall except for a segment of the eastern bulkhead wall. At this segment, the available penetration of the existing wall is not sufficient to be stable and the wall is bowing. Therefore, the new wall be offset approximately 7 to 8 feet, minimum, from the existing wall to prevent failure of the existing wall. For the segments of this greater offset, 67% of the wall length is located where the mean high water line if offshore of the new bulkhead location. A limited amount of sand fill will be placed behind the sheeting prior to installation of anchors and wale. Upon completion of the anchors and wale, remaining fill will be placed to top of the new. The substrate area below mean high water to be cover by fill placement will be approximately 963 square feet for a bulkhead length of 389 feet. No fill is placed offshore of the mean low water line. GARY GREENE E N G I N E E R S POST OFFICE BOX 9941 s RALEIGH, NORTH CAROLINA 27624-9213 USA 919-855-8488 FAX 919-882-9664 F,mAIL: GKGREENE@GARYGREENE ENGINEERSCOM October 26, 2016 Brad Connell Division of Coastal Management NC Department of Environment and Natural Resourses 400 Commerce Avenue Morehead City, North Carolina 28557 Subject: The Ocean Club Master Association Bulkhead Replacement of Eastern Wall Dear Mr. Connell: I have investigated the high segment of the existing timber bulkhead wall on Bogue Sound at the eastern end of the property owned by The Ocean Club Master Association. This segment of the wall consists of 8x8 inch timber king piles along with multiple 6x6 inch timber walers and 1% inch timber sheathing. Since the completion of the wall, significant loss of soil has occurred on the waterside location of the wall increasing the exposed height and reducing the pile penetration. A site inspection of the bulkhead noted deterioration of the timber, voids due to loss of fill through deteriorated areas and bowing of the bulkhead. The movement has caused the hardware of the tie rod anchor to be recessed into the timber king pile. The bulkhead has a geo-synthetic fabric placed landside of the timber sheathing; however, testing of the fabric realizes that the material does not possess hydraulic properties to allow movement of water through the fabic. This causes two problems - 1) the water pursues a course where the fabric is lapped resulting in loss of soil through same lap, and 2) differential water level (landside to waterside) is greater than normal from tidal water and rain events. An analysis of the wall was made utilizing maximum lengths of timber sheathing and king piles as reported by the contractor Bentley Brooks and soil parameters from a recent geotechnical investigation. The results of the analysis indicates that the penetration of the king pile into the soil is less than 40% of what should be provided under proper design and that the bending stress in the king pile is in excess of 200% of allowable stresses. Thus, this wall is not stable and is overstressed based on engineering practice. The wall needs to be replaced at the earliest convenience in consideration that erosion of the shoreline in front of the wall continues. Please advise of any questions. Sincerely, Gary K Greene PE D.PE RECEIVED OCT 31 2016 \\��Iluuuuiu o�N. CARO( %�1 DCM— MHD CITY ,�q�° �:"a CoastalManagement ENYIROWSWAL QUALITY November 18, 2016 The Ocean Club Master Association Inc. c/o Mrs. Betty Johnsey 1700 Salter Path Road Indian Beach, NC 28575 Dear Mrs. Johnsey: YA1 MCUKUKY Govemor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Dimoor The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of The Ocean Club Master Association Inc's property located adjacent to Bogue Sound at 1700 Salter Path Road in Indian Beach, Carteret County. It was received on November 4, 2016, and appears to be adequate for processing at this time. The projected deadline for making a decision is January 31, 2017. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from November 4, 2016, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right- of-way fronting your property, or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. Nothing Compares State of North Carolina I Eavaoamental Quality I Coamal Management 400 Commerce Ave I Morehead City, NC 28557 252 808 2808 T Ocean Club Page 2 of 2 11/18/16 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, A/� Brad Connell Coastal Management Representative 55 Enclosure CC: Doug Huggett, Major Permits Coordinator Roy Brownlow, District Manager Gary Greene, Gary Greene Engineers Nothing Compares� State of Nonh Carolina I Enviroamental Quality I Coastal Management 400 Commerce Ave I Moorhead City, NC 28557 252 808 2808 T {�;a Ai ti r v LAMA PERMIT APPLIED FOR PROJECT: Construct a 389' vinyl bulkhead within Bowe Sound at 1700 Salter Path Road in Indian Beach. COMMENTS ACCEPTED THROUGH ✓anuary3f, 2017 APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Ocean Club Master Association Inc Brad Connell - DCM c/o Betty Johnsey 400 Commerce Avenue 1700 Salter Path Road Morehead City, NC 28557 Indian Beach, NC 28575 (252)808-2808 4�� DCM Coordinator: 0 o Permit#: /Z %^��b MAILING DISTRIBUTION SHEET Permitee: 0 C e-AA C lu Agents: i2e,�S 2 DCM Field Offices A h NJGR l ;t ?G 2 y' `� 2 G Elizabeth City �� (e l (with revised work plan drawings) Morehead City Washington Wilmington US ACOE Offices: Washington: Raleigh Bland Josh Pelletier William Westcott (NC DOT) Bill Biddlecome (NC DOT) Wilmington: Tyler Crumbley Liz Hair L OV Cultural Resources: Renee Gledhill -Early or (environmental.review@ncdcr.gov) Public Water Supply: Heidi Cox (WIRO)/ Joey White (WARD) Marine Fisheries: Shane Staples'Y Gregg Bodnar NC DOT: Ben Hughes Shellfish Sanitation: Shannon Jenkins State Property: Tim Walton Water Quality: Karen Higgins (Raleigh) [� John Hennessy (NC DOT) Washington: Anthony Scarbraugh ,401 Wilmington: Robb Mairs — 401 V Chad Coburn - 401 DEMLR: Washington: Scott Vinson - Stormwater Wilmington: Georgette Scott - Stormwater Wildlife Resources: Maria Dunn LPO: Fax Distribution: Permitee #: Agent #:_ PAT MCCRORY Gotetr,or DONALD R. VAN DER VAART :Vnaetory Coasta(Management ENVIRONMENTAL QUALITY November 23, 2016 731007173� TO: Lee Padrick Division of Community Assistance FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Ocean Club Master Association, Inc BRAXTON DAVIS Diwaor Project Location: Carteret County, at 1700 Salter Path Rd., near Indian Beach, adjacent to the Bogue Sound. Proposed Project: The applicant has a bulkhead that is imminently threatening to collapse and is seeking emergency authorization to construct a new vinyl bulkhead in front of the collapsing wall for community use in Bogue Sound. Please indicate below your agency's position or viewpoint on the proposed project and return this form by December 13, 2016. If you have any questions regarding the proposed project, please contact Brad Connell, Permit officer at (252) 808-2808. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 4, ,--fhis 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 0_�� DATE /f — i P —1 t RECEIVED NOV 3 0 2016 Stets ofNmth Cuulina I Bnv¢onmenW Quality I Coastal Management D C M- M H D CITY 400 Co=Imo Avenue I Morehead City, NC 28557 252808-2808 1 252-247-3330 (fax) Huggett, Doug From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Sent: Sunday, December 11, 2016 4:17 PM To: Huggett, Doug; Mairs, Robb L Cc: Gregson, Jim Subject: Re: [EXTERNAL] RE: emergency CAMA Major permit application for Ocean Club Master Association Doug, Thanks for the response. That definitely helps my understanding of the issue at the site. Whatever you need to do is fine. I'll send out my notice this week. Have a great day! Liz Sent from my BlackBerry 10 smartphone on the Verizon Wireless 4G LTE network. Original Message From: Huggett, Doug Sent: Sunday, December 11, 2016 11:18 AM To: Hair, Sarah E CIV CESAW CESAD (US); Mairs, Robb L Cc: Gregson, Jim Subject: [EXTERNAL] RE: emergency CAMA Major permit application for Ocean Club Master Association Liz Thanks for the response. Let me see if I can answer some of the questions. The attached letter submitted by Gary Green, project engineer, indicates that the bulkhead was constructed in or around 2008, but does not appear to have been properly engineered, leading to significant erosion behind the existing bulkhead. While I am sure that Matthew did not help this situation, the problems certainly appear to pre -date the hurricane.' Also, I am probably going to have to issue the CAMA permit tomorrow (Monday) so that the applicant can begin the process of getting the building permit (CAMA permit is pre -requisite for applying for building permit), with a condition that both Corps and DWR permits have to be obtained before beginning work. I hope this doesn't mess your review up, but please let me ASAP know if it does. Thanks a bunch! Doug -----Original Message ----- From: Hair, Sarah E CIV CESAW CESAD (US) [mailto:Sarah.E.Hair@usace.army.mil] Sent: Friday, December 09, 2016 4:10 PM To: Hugg-ett, Doug <doug.huggett@ncdenr.gov>; Mairs, Robb L <robb.mairs@ncdenr.gov> Cc: Gregson, Jim <jim.gregson@ncdenr.gov> Subject: RE: emergency CAMA Major permit application for Ocean Club Master Association Hey Doug, Hope you are well. I was able to locate a historical file for this project: Corps Action ID: SAW-2003-00886 DCM Permit: # 108-03 Project name: The Ocean Club We authorized the docking facility and road access originally in June of.2003 under the GP 291, and then modified the permit a couple of times, once in 2006 for bulkhead construction and rip rap, and then again in 2007 (1 think for a time extension).Our authorization expired on December 31, 2008. Was the project ever constructed? Just trying to get a grasp on why something we authorized such a short while ago is 'imminently' failing. Was the site damaged during Hurricane Matthew? In order for us to review something through our emergency procedures, it has to be associated with an event such as a hurricane, flood, etc. I can expedite my 291 review and request federal comments in a shortened notice. Not if this will help you though... either way you don't need to wait on me. We can talk more on Monday if you wish. Have a good weekend! liz -----Original Message ----- From: Huggett, Doug [mailto:doug.huggett@ncdenr.gov] Sent: Friday, December 09, 2016 2:14 PM To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil>; Mairs, Robb L <robb.mairs@ncdenr.gov> Cc: Gregson, Jim <jim.gregson@ncdenr.gov> Subject: [EXTERNAL] emergency CAMA Major permit application for Ocean Club Master Association Liz/Robb Hope everyone is doing well. Of course I have a favor to ask. The subject project was approved by our Department as an emergency situation (due to threat of imminent failure of the bulkhead and resulting failure of the adjacent structure). Being that this was an emergency permit application , the application was not supposed to have been circulated to all agencies - rather we would have done quick coordination with just the permit agencies over the phone. In any case, I need to issue this permit ASAP (will probably draft it up this weekend), which must be obtained as a prerequisite for building permit. So, my request is to ask that your two agencies see if there is some way to switch your reviews into emergency mode as well. I'm sorry that this one got convoluted, but hopefully it won't be too much of a problem. As always, please feel free to let me know if you have any questions or if I can provide any additional info. Thanks a bunch Doug Huggett, Doug From: Huggett, Doug Sent: Sunday, December 11, 2016 11:17 AM To: 'Hair, Sarah E CIV CESAW CESAD (US)'; Mairs, Robb L Cc: Gregson, Jim Subject: RE: emergency CAMA Major permit application for Ocean Club Master Association Attachments: ocean club letter from gary green.pdf Liz Thanks for the response. Let me see if I can answer some of the questions. The attached letter submitted by Gary Green, project engineer, indicates that the bulkhead was constructed in or around 2008, but does not appear to have been properly engineered, leading to significant erosion behind the existing bulkhead. While I am sure that Matthew did not help this situation, the problems certainly appear to pre -date the hurricane. Also, I am probably going to have to issue the CAMA permit tomorrow (Monday) so that the applicant can begin the process of getting the building permit (LAMA permit is pre -requisite for applying for building permit), with a condition that both Corps and DWR permits have to be obtained before beginning work. I hope this doesn't mess your review up, but please let me ASAP know if it does. Thanks a bunch! Doug -----Original Message ----- From: Hair, Sarah E CIV CESAW CESAD (US) [mailto:Sarah.E.Hair@usace.army.mil] Sent: Friday, December 09, 2016 4:10 PM To: Huggett, Doug <doug.huggett@ncdenr.gov>; Mairs, Robb L <robb.mairs@ncdenr.gov> Cc: Gregson, Jim <jim.gregson@ncdenr.gov> Subject: RE: emergency CAMA Major permit application for Ocean Club Master Association Hey Doug, Hope you are well. I was able to locate a historical file for this project: Corps Action ID: SAW-2003-00886 DCM Permit: # 108-03 Project name: The Ocean Club We authorized the docking facility and road access originally in June of 2003 under the GP 291, and then modified the permit a couple of times, once in 2006 for bulkhead construction and rip rap, and then again in 2007 (1 think for a time extension).Our authorization expired on December 31, 2008. Was ;he project ever constructed? Just trying to get a grasp on why something we authorized such a short while ago is 'imminently' failing. Was the site damaged during Hurricane Matthew? In order for us to review something through our emergency procedures, it has to be associated with an event such as a hurricane, flood, etc. I can expedite my 291 review and request federal comments in a shortened notice. Not if this will help you though ... eitherwayyou don't need to wait on me. We can talk more on Monday if you wish. Have a good weekend! liz -----Original Message ----- From: Huggett, Doug [mailto:doug.huggett@ncdenr.gov] Sent: Friday, December 09, 2016 2:14 PM To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil>; Mairs, Robb L <robb.mairs@ncdenr.gov> Cc: Gregson, Jim <jim.gregson@ncdenr.gov> Subject: [EXTERNAL] emergency CAMA Major permit application for Ocean Club Master Association Liz/Robb Hope everyone is doing well. Of course I have a favor to ask. The subject project was approved by our Department as an emergency situation (due to threat of imminent failure of the bulkhead and resulting failure of the adjacent structure). Being that this was an emergency permit application, the application was not supposed to have been circulated to all agencies - rather we would have done quick coordination with just the permit agencies over the phone. In any case, I need to issue this permit ASAP (will probably draft it up this weekend), which must be obtained as a prerequisite for building permit. So, my request is to ask that your two agencies see if there is some way to switch your reviews into emergency mode as well. I'm sorry that this one got convoluted, but hopefully it won't be too much of a problem. As always, please feel free to let me know if you have any questions or if I can provide any additional info. Thanks a bunch Doug GARY GREENE E N G I N E E R S Pos,r OFFICE BOX 99213 RALEIG14 NORTH CAROLINA 27624-9213 USA 919-869-8488 FAX 919-882-9664 F mAIL; GRGREENE�1a GARYGREENE-ENGINEERSCOrA October 26, 2016 Brad Connell Division of Coastal Management NC Department of Environment and Natural Resourses 400 Commerce Avenue Morehead City, North Carolina 28557 Subject: The Ocean Club Master Association Bulkhead Replacement of Eastern Wall Dear Mr. Connell: 1 am requesting an emergency major permit modification to DCM 108-03 which will allow for the replacement of the eastern wall located on the Bogue Sound of the owner's property. The existing bulkhead was constructed circa 2008 with the length of timber sheeting and piles based on exposed heights at that time and with timber that was not treated for marine exposure. At the toe of the bulkhead, no measures were installed to minimize scour impact. While a filter fabric was placed behind the wall, that fabric did not possess hydraulic properties to allow free movement of retained water through the wall. Significant erosion of the shoreline has occurred since the installation of the bulkhead resulting in loss of coastal marsh and soil in front of the wall. With the Iack of proper treatment of the bulkhead timber for marine exposure, the wall has deteriorated allowing loss of backfill material through the wall. Efforts have been made to place new lumber facing material in front of the deteriorated timber; however, loss of material continues. " Construction of the new bulkhead will consist of installing vinyl sheeting as close as feasible to the existing wall except for a high wall segment. At this segment, the available penetration of the existing wall is not sufficient to be stable and the wall is bowing. Therefore, the new wall be offset approximately 7 to 8 feet, m nimum, from the existing wall to prevent failure of the existing wall. The reason for the offset is to avoid disrupting what support is available for the existing wall and so the new wall provides sufficient toe resistance to the existing wall that remains (creating a tiered wall). Please note that for the segment of this greater offset, 67% of the wall length is located where the mean high water line if offshore of the new bulkhead location. Attached are 1) permit drawings PI through P4 for the replacement of the eastern wall; 2) a letter noting the structural and stability concern of the wall; and 3) a check in the amourgf of $400 for the permit fee. Please advise of any questions or concerns. Sincerely, Gary K Greene PE D.PE Attachments RECEIVED Permit Drawings, 4 pages OCT 31. Z016 Wall Evaluation Letter 1 pages Permit Fee check ®CM- IV HD CITY Huggett, Dou From: Huggett, Doug Sent: Friday, December 09, 2016 2:14 PM To: Hair, Sarah E SAW <Sarah.E.Hair@usace.army.mil> (Sarah.E.Hair@usace.army.mil); Mairs, Robb L Cc: Gregson, Jim Subject: emergency CAMA Major permit application for Ocean Club Master Association Liz/Robb Hope everyone is doing well. Of course I have a favor to ask. The subject project was approved by our Department as an emergency situation (due to threat of imminent failure of the bulkhead and resulting failure of the adjacent structure). Being that this was an emergency permit application , the application was not supposed to have been circulated to all agencies— rather we would have done quick coordination with just the permit agencies over the phone. In any case, I need to issue this permit ASAP (will probably draft it up this weekend), which must be obtained as a prerequisite for building permit. So, my request is to ask that your two agencies see if there is some way to switch your reviews into emergency mode as well. I'm sorry that this one got convoluted, but hopefully it won't be too much of a problem. As always, please feel free to let me know if you have any questions or if 1 can provide any additional info. Thanks abunch Doug Huggett, Doug From: Mairs, Robb L Sent: Monday, December 12, 2016 8:48 AM To: Huggett, Doug; Hair, Sarah E CIV CESAW CESAD (US) Cc: Connell, Brad Subject: RE: Jason/Wendy Davis/Carteret County Doug, Based on the engineering report from Mr. Greene and DCM's concurrence on the emergency status of this failing bulkhead, we have issued the Ocean Club Master Assoc., Inc. 401 permit in our system. Hard copy will follow this week. Thanks, From: Huggett, Doug Sent: Monday, December 12, 2016 8:35 AM To: Mairs, Robb L <robb.mairs@ncdenr.gov>; Hair, Sarah E SAW <Sarah.E.Hair@usace.army.mil> (Sarah.E.Hair@usace.army.mil) <Sarah.E.Hair@usace.army.mil> Subject: RE: Jason/Wendy Davis/Carteret County 10-4 Mucho thanks From: Mairs, Robb L Sent: Monday, December 12, 2016 8:35 AM To: Huggett, Doug <doug.huggett@ncdenr.gov>; Hair, Sarah E SAW <Sarah.E.Hair@usace.armv.mil> (Sarah.E.Hair@usace.armv.mil) <Sarah.E.Hair@usace.armv.mil> Subject: RE: Jason/Wendy Davis/Carteret County Doug, We issued this project on 11/07/2016, which did not require written 401 authorization. I will send over the sheet in a bit. Thanks, From: Huggett, Doug Sent: Sunday, December 11, 2016 12:10 PM To: Mairs, Robb L <robb.mairs@ncdenr.gov>; Hair, Sarah E SAW <Sarah.E.Hair@usace.armv.mil> (Sarah.E.Hair@usace.army.mil) <Sarah.E.Hair(a@usace.armv.mil> Subject: Jason/Wendy Davis/Carteret County Robb/Liz 1 Sorry to bother you on another one, but just wanted to check up on this one — addition of 3rd slip and platform in Atlantic Beach. If you have any questions or need any additional info on this one, please let me know. Thanks Doug PAT MCCRORY Govemor DONALD R. VAN DER VAART secretary Coastal Management ENVIRONMENTAL QUALITY MEMORANDUM TO: Doug Huggett, Major Permits Processing Coordinator Division of Coastal Management FROM: Rachel Love-Adrick, District Planner- ,n_ � Q Division of Coastal Management 1�U�`jY�n\ SUBJECT: Major Permit request by Ocean Club Master Association, Inc. DATE: November 28, 2016 - BRAXTON DAVIS Director Consistency Determination: The request is consistent with/not in conflict with the Town of Indian Beach Core Land Use Plan certified by the CRC on November 20, 2007. Overview: The applicant is requesting to replace a failing bulkhead with a new vinyl bulkhead adjacent to Bogue Sound at 1700 Salter Path Road, Indian Beach, Carteret County, North Carolina. The project site has 1,076' of continuous shoreline. Existing site improvements include: condominiums, two vinyl bulkheads, and a docking facility. Vegetation mainly consists of palm trees, coastal wetlands, and lawn grasses. Bogue Sound is classified as ORW (Outstanding Resource Water), is not a Primary Nursery Area (PNA), and is open to the harvesting of shellfish. The site presently contains no Submerged Aquatic Vegetation (SAV). The subaqueous substrate is firm with shell, and there are live oysters in the nearby vicinity of the project area. There are no cultural resources in the nearby vicinity of the project area. Anticipated impacts The proposed bulkhead will extend 7' water ward into this section of Bogue Sound, impacting 450 ft2 of shallow bottom, 954 ft2 of coastal wetlands, and 5,835 ft2 of high ground for a total disturbed area of 7,239ft2. Basis for Determination: The project site is located in Carteret County and is subject to the 2007 Town of Indian Beach Core Land Use Plan. The Future Land Use Map (FLUM) designates the site as Multi -Family Residential. The following LUP policies may be applicable to this request: P.17, pg. 105: "Except as otherwise permitted in this plan, residential, multi-family/mixed use, and office/institutional development should not be supported in natural heritage areas, conservation areas, —< 'Nothing Compares State of North Carolina I Environmalbl Quality I Coastal Management 400 Commerce Aveme I Morehead City, NC 28557 252-Sob-28081252-247-3330(fax) North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 2 of 2 or coastal wetlands. Residential and commercial development which meets ISA NCAC 7H (complies with state and federal environmental regulations) use standards will be allowed in estuarine shoreline, estuarine water, and public trust areas". P. 35, pg.112: The town supports the installation of properly engineered and permitted bulkheads." P.46, pg. 115: The town supports the guidelines of the Coastal Area Management Act the efforts and Programs of the North Carolina Department of Environment and Natural Resources, Division of Coastal Management and the Coastal Resources Commission to protect the coastal wetlands, estuarine waters, estuarine shorelines, and public trust waters of the town. !"Nothing Compares,, State of North Carolina I Environmmtal Quality J Coastal Management 400 Commerce Avenue I Morehead City, NC 28557 252-808-28081252-247-3330(fax) PAT MCCRORY Gorcrnnr DONALD R. VAN DER VAART wftfory Coastal Management RECEIVED/NMENR/MAXTON DAMS ENVIRONMENTAL QUALITY Oimaor NOV 2 9 2016 Water Quality Regional Operations Section Wilmington Regional Office November 23, 2016 MEMORANDUM: TO: Robb Mairs Division of Water Resources FROM: ' Doug Huggett RECEIVED Major Permits Processing Coordinator DEC 2 9 2016 SUBJECT: CAMA/DREDGE & FILL Permit Application Review D C M- M H D C STY Applicant: Ocean Club Master Association, Inc Project Location: Carteret County, at 1700 Salter Path Rd., near Indian Beach, adjacent to the Bogue Sound. Proposed Project: The applicant has a bulkhead that is imminently threatening to collapse and is seeking emergency authorization to construct a new vinyl bulkhead in front of the collapsing wall for community use in Bogue Sound. Please indicate below your agency's position or viewpoint on the proposed project and return this form by December 13, 2016. If you have any questions regarding the proposed project, please contact Brad Connell, Permit officer at (252) 808-2808. When appropriate, in-depth comments with supporting data is requested. / NSh REPLY: ./ This agency has no objection to the project as proposed. l/1, TL O I C C1 t��r This agency has no comment on the proposed project. 1 vV` `� Y 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 yf� State ofNorth Catalina I Envfroamentel Quality I Coastal Management 400 Commetue Avenge I Morehead City, NC 28557 252-808-28081252-247-3330(faa) PAT MCCRORY 4ND.r, wmor DONALD R. VAN DER VAART SacxMry BRAXTON DAVIS Coastal Management Director ENVIRONMENTAL QUALITY E C E I V E BY: N FROM: 23, 2016 SUBJECT: Applicant: Project Location: Georgette Scott Division of Energy, Mineral, & Land Resources ( 6 Doug Huggett Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Ocean Club Master Association, Inc RECEIVED DEC 2 9 2016 DCM- MHD CITY Carteret County, at 1700 Salter Path Rd., near Indian Beach, adjacent to the Bogue Sound. Proposed Project: The applicant has a bulkhead that is imminently threatening to collapse and is seeking emergency authorization to construct a new vinyl bulkhead in front of the collapsing wall for community use in Bogue Sound. Please indicate below your agency's position or viewpoint on the proposed project and return this form by December 13, 2016. If you have any questions regarding the proposed project, please contact Brad Connell, Permit officer at (252) 808-2808. When appropriate, in-depth comments with supporting data is requested. REPLY: —6,e-_�lhis 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. SIGNEDCZ[ (��y DATE /a Lz 41� State ofNuth Carolina I rmvi[onmN W Quality I COMW Management 400 Commerce Avenue I Morehead City, NC 28557 252.808-28081 M-2473330 (taz) ecKf OF cad.a UNITED STATES DEPARTMENT OF COMMERCE W National Oceanic and Atmospheric Administration NATIONAL MARINE FISHERIES SERVICE zee Southeast Regional office �� e�„as Vc 26313th Avenue South St. Petersburg, Florida 33701-5505 htlp:llsero.nmfs.noaa.gov December 29, 2016 F/SER47:KR/pw (Sent via Electronic Mail) Colonel Kevin P. Landers, Sr., Commander U.S. Army Corps of Engineers Wilmington District 69 Darlington Avenue Wilmington, North Carolina 28403-1398 Attention: Liz Hair Dear Colonel Landers NOAA's National Marine Fisheries Service (NMFS) reviewed the public notice for Action ID No. SAW- 2003-00886 dated December 14, 2016. The applicant, Ocean Club Master Association, requests authorization to construct a vinyl bulkhead to replace a failing wooden bulkhead in waters adjoining Bogue Sound in Indian Beach, Carteret County. The Wilmington District's initial determination is the proposed project may affect essential fish habitat (EFH) or associated fisheries managed by South Atlantic Fishery Management Council (SAFMC), the Mid -Atlantic Fishery Management Council, or NMFS. As the nation's federal trustee for the conservation and management of marine, estuarine, and diadromous fishery resources, the NMFS provides the following comments and recommendations pursuant to the authorities of the Fish and Wildlife Coordination Act and the Magnuson -Stevens Fishery Conservation and Management Act (Magnuson -Stevens Act). Description of the Proposed Project The applicant proposes construction of a vinyl bulkhead as part of a shoreline stabilization project to replace a wooden bulkhead likely to fail imminently. The new bulkhead structure would be 389 feet long and 7.5 feet high as measured from the surface of the substrate. The bulkhead would extend an average of 2.5 feet and up to a maximum of 13 feet waterward of the existing wooden bulkhead. Approximately 50 square feet of riprap is proposed on the exposed western terminus of the vinyl bulkhead to protect this corner from heavy wave action and strong erosional forces. The eastern end of the bulkhead would tie back into the property boundary and adjacent bulkhead. The project would impact approximately 450 square feet of shallow bottom habitat and 945 square feet of salt marsh through constructing the bulkhead and backfilling. Consultation History The NMFS reviewed plans for the emergency shoreline stabilization project with the project engineer on December 21, 2016. The NMFS shared wave energy model predictions for the project area and expressed concerns regarding long-term shoreline stabilization using a vinyl bulkhead because the site is exposed to high wave energy. The NMFS participated in a site visit with the property manager to further review plans and assess shoreline erosion on December 22, 2016. Essential Fish Habitat Pursuant to the Magnuson -Stevens Act, the SAFMC designates EFH within the study area to encompass shallow bottom habitat, intertidal non -vegetated flats, and estuarine emergent wetlands (salt marsh). Intertidal and subtidal communities along the shoreline provide feeding, resting, and staging habitat for a variety of commercially, recreationally, and ecologically important fish species. Penaeid shrimp, blue { ;'o crab, flounder, Spanish mackerel, cobia, and species among the snapper -grouper complex utilize these estuarine habitats as nursery, foraging, and refuge areas. The waters within the project area are not designated by the State of North Carolina as a Primary Nursery Area (PNA); however, this area provides important nursery services. Based on available aerial imagery, GIS data, and field observation, submerged aquatic vegetation (SAV) has not been mapped in the project area and most likely is not present due to the high energy of the system. Impacts to Essential Fish Habitat Bulkheads protect the shoreline by absorbing and reflecting wave energy. They are commonly used for shoreline protection in Carteret County (63.5 miles of bulkhead) and throughout coastal North Carolina (497 miles of bulkhead) 1. Shoreline stabilization techniques do not need to create a barrier between land and water. New "soft" stabilization options, like vegetative plantings and living shorelines, are viable alternatives to bulkheads and seawalls. In many cases where bulkheads are used, erosion rates increase waterward of the structure and along adjacent areas resulting in increased construction and maintenance activities for shoreline protection and leading to a cumulative environmental impact on fisheries, habitat, and the shoreline hydrology. Bulkheads can cause deepening of adjacent shallow subtidal waters via wave refraction and scour, resulting in loss of salt marsh habitat'. With rising sea levels, bulkheads prevent the landward retreat of salt marsh vegetation. Bulkheads are generally associated with reduced abundances of upland coastal marsh plant species, fish, crustaceans, and benthic infauna""'. Bulkheads abruptly disconnect upland and coastal marsh habitats preventing an integrated vegetation buffer resulting in a loss of ecosystem services, especially nutrient and pollutant filtration . Bulkheads prevent wildlife from traversing between aquatic and terrestrial habitats. Bulkheads can reduce surface water and groundwater storage capacity by creating an impermeable surface that prevents water exchange'. The net result is a disruption of biogeochemical cycling in the soil, which helps maintain benthic communities within salt marsh habitats. The NMFS recognizes this application is an urgent request to protect homes and associated infrastructure from severe shoreline erosion exacerbated by Hurricane Matthew. The NMFS believes the applicant working with state and federal agencies has conducted a practicable alternatives analysis and has avoided and minimized environmental impacts. The NMFS recommends further minimization of the environmental impacts from construction by the permit requiring best management practices to reduce impacts to emergent salt marsh vegetation, oyster reefs, and shell bottom. For long-term shoreline stabilization, the applicant should consider installation of a living shoreline thereby diminishing long-term North Carolina Division of Coastal Management. 2015. North Carolina Estuarine Shoreline Mapping Project 2012 Statistical Reports. North Carolina Department of Environment and Natural Resources, Raleigh, North Carolina. ' National Research Council, 2007. Mitigating Shore Erosion along Sheltered Coasts. The National Academies Press, Washington, DC. ' Bilkovic, D., Roggero, M. 2008. Effects of coastal development on nearshore estuarine nekton communities. Mar. Ecol. Prog. Set. 358, 27-39. 'Bozek, C.M., Burdick, D.M. 2005. Impacts of Seawalls on saltmarsh plant communities in the Great Bay Estuary, New Hampshire USA. Well. Ecol. Manage 13, 553-568. s Seitz, R., Lipcius, R., Olmstead, N., Seebo, M., Lambert, D. 2006. Influence of shallow -water habitats and shoreline development on abundance, biomass, and diversity of benthic prey and predators in Chesapeake Bay. Mar. Ecol. Prog. Ser. 326, 11-27. ' Peterson, C., Able, K., Dejong, C., Pichler, M., Simenstad, C., Zedler, I. 2008. Practical proxies for tidal marsh ecosystem services application to injury and restoration (Chapter 4). Adv. Mar. Biol. 54, 221-266. 'Brinson, M.M., Hauer, F. R., Lee, L.C., Nutter, W.L., Rheinhardt, R.D., Smith, R.D., Whigham, D. 1995. Guidebook for application of hydrogeomorphic assessments to riverine wetlands. Technical Report TR-WRP DE- 11, Waterways Experiment Station, Army Corps of Engineers, Vicksburg, Mississippi. impacts to remaining salt marsh vegetation. NOAA provides additional information in the publication Guidance for Considering the Use of Living Shorelines available at http://www.habitat.noaa.gov/. EFH Conservation Recommendation Section 305(b)(4)(A) of the Magnuson -Stevens Act requires NMFS to provide EFH Conservation Recommendations for any federal action or permit which may result in adverse impacts to EFH. Therefore, NMFS recommends the following to ensure the conservation of EFH and associated fishery resources: • The permit should require best management practices, such as field marking salt marsh vegetation, oyster reefs, and shell bottom, to keep construction equipment and activities from encroaching into these habitats. Section 305(b)(4)(B) of the Magnuson -Stevens Act and implementing regulation at 50 CFR Section 600.920(k) require the Wilmington District to provide a written response to this letter within 30 days of its receipt. If it is not possible to provide a substantive response within 30 days, in accordance with the "findings" with the Wilmington District, an interim response should be provided to the NMFS. A detailed response then must be provided prior to final approval of the action. The detailed response must include a description of measures proposed by the Wilmington District to avoid, mitigate, or offset the adverse impacts of the activity. If the response is inconsistent with the EFH conservation recommendations, the Wilmington District must provide a substantive discussion justifying the reasons for not following the recommendations. Thank you for the opportunity to provide these comments. Please direct related questions or comments to the attention of Dr. Ken Riley at our Beaufort Field Office, 101 Pivers Island Road, Beaufort, North Carolina 28516-9722, or at (252) 728-8750. / for Sincerely, / OU VA Virginia M. Fay Assistant Regional Administrator Habitat Conservation Division cc: COE, Sarah.E.Hair@usace.army.mil USFWS, Pete_Benjamin@fws.gov NCDCM, Doug.Huggett@ncdenr.gov, Gregg.Bodnar@ncdem.gov EPA, Bowers.Todd@epa.gov ASMFC, LHavel@asmfc.org SAFMC, Roger.Pugliese@safmc.net F/SER4, David.Dale@noaa.gov, Ken.Riley@noaa.gov PAT MCCRORY ru w mor Coastal Management ENVIRONMENTAL QUALITY G:I(e,11..:r to. o2, November 23, 2016 MEMORANDUM: TO: FROM: SUBJECT: Maria Dunn NC Wildlife Resources Commission Doug Huggett Major Permits Processing Coordinator DONALD R. VAN DER VAART $acxtory BRAXTON DAVIS RECEIVED Dimaor DEC 12 2016 DCM- MHD CITY .CAMA/DREDGE & FILL Permit Application Review Applicant: Ocean Club Master Association, Inc DEC 2016 Rkt E�CM Project Location: Carteret County, at 1700 Salter Path Rd., near Indian Beach, adjacent to the Bogue Sound. Proposed Project: The applicant has a bulkhead that is imminently threatening to collapse and is seeking emergency authorization to construct a new vinyl bulkhead in front of the collapsing wall for community use in Bogue Sound. Please indicate below your agency's position or viewpoint on the proposed project and return this form by December 13, 2016. If you have any questions regarding the proposed project, please contact Brad Connell, Permit officer at (252) 808-2808. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED /�,c�,.�1 DATE jz-(. JJ/(o r State of North Carolina I Environmental Quality I Cmtd Maoapmeat _ 400 Commerce Avenue I Morehead City. NC 28557 I 252-808-2808 252-2473330 (fox) Coastal Management ENVIRONMENTAL QUALITY November 23, 2016 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: RECEIVED DEC 12 2016 DCM- MHD CITY Tim Walton State Property Office Doug Huggett Major Permits Processing Coordinator PAT MCCRORY Qmem'w DONALD R. VAN DER VAART Sae rctury BRAXTON DAVIS Dinrtor RECEIVED NOV 28 u0A STATIE F C"=ARTY OFFICE . CAMA/DREDGE & FILL Permit Application Review Ocean Club Master Association, Inc Carteret County, at 1700 Salter Path Rd., near Indian Beach, adjacent to the Bogue Sound. Proposed Project: The applicant has a bulkhead that is imminently threatening to collapse and is seeking emergency authorization to construct a new vinyl bulkhead in front of the collapsing wall for community use in Bogue Sound. Please indicate below your agency's position or viewpoint on the proposed project and return this form by December 13, 2016. If you have any questions regarding the proposed project, please contact Brad Connell, Permit officer at (252) 808-2808. When appropriate, in-depth comments with supporting data is requested. REPLY: /This agency has no objection to the project as proposed. J/ 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 object to the project for reasons described in the attached comments. SIGNED ��� DATE 12J-�71X State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Avenue I Morehead City, NC 28557 252-808-28081252-2473330 (fu) PAT MCCRORY GV'W ')r - Coastal Management ENVIRONMENTAL OUALITV November 23, 2016 MEMORANDUM: TO: FROM: SUBJECT: Applicant: DONALD R. VAN DER VAART &rntary BRAXTON DAVIS RECEIVED Mraor DEC 14 2016 DCM- MHD Diane Williams Public Water Supply Doug Huggett Major Permits Processing Coordinator CITE NOV p g 2016 Divisi0r, of w�Rp-pab�aWa eesupo ` CAMA/DREDGE & FILL Permit Application Review Ocean Club Master Association, Inc Project Location: Carteret County, at 1700 Salter Path Rd., near Indian Beach, adjacent to the Bogue Sound. Proposed Project: The applicant has a bulkhead that is imminently threatening to collapse and is seeking emergency authorization to construct a new vinyl bulkhead in front of the collapsing wall for community use in Bogue Sound. Please indicate below your agency's position or viewpoint on the proposed project and return this form by December 13, 2016. If you have any questions regarding the proposed project, please contact Brad Connell, Permit officer at (252) 808-2808. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. SIGNED 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. DATE �Z) & State of North Carolina I Environmental Quality I c,,w Management 400 Commerce Avenue I Morehead City, NC 28557 252-808-28081252-247-3330 (fax) PAT. MCCRORY _ _ fio"arnOr Y DON ALD R. VAN DER V&ART .. surermy BRAXTON DAVIS CoastatManage rent nbK ar ENYIRONM6NTAL QUALITY RECEIVED DEC 0 5 2% •-. DCM•Fisherles. . ' . WARO November 23, 2016 MEMORANDUM: TO:. ;Shane Staples or 'Gregg Division of Coastal Management FROM: Doug Huggett -Major Permits Processing Coordinator SUBJECT: CAMAIDREDGE & FILL Permit Application Review Applicant: Ocean Club Master Association, Inc Project Location: Carteret County, at 1700 Salter Path Rd., near Indian Beach, adjacent to the Bogue Sound. Proposed Project: The applicant has a bulkhead that is imminently threatening to collapse and is seeking emergency authorization to construct anew vinyl bulkhead in front of . the collapsing wall for community use in. Bogue Sound. Please indicate below your agency's,position or viewpoint on the proposed project and return this form by December 13; 2016. If you have any questions regarding the proposed proiect, please contact Brad Connell, Permit officer at (252) 808-2808. When appropriate, in-depth comments with supporting data is requested. '. REPLY: This agency has no objection to the project as proposed. V_•Phis agency has no comment on the proposed project. This agency approves of the project only if the recommendedchanges are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED .!d�'c DATE S�toofNocW CamlimHrvicaameNal Quality�Coestai Meaagemaat 4n0 Co=m Awm Imor6ftd City, NC 28537 252808-28081252-247-3330 — — N711— a Coas:alManagement ENVIRONMENTAt,.OVALITY November 21, 2016 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Renee Gledhill -Early NC Department of Cultural Resources Doug Huggett Major Permits Processing Coordinator PAT MCCRORY a ii� lfouxnum aiNliLD R. VAN DER VAART � 1wrara,y Jr BRAXT(jNDAVIS l7irrttor CAMA/DREDGE & FILL Permit Application Review Ocean Club Master Association, Inc -&- 0 as lb I l' 12-1,11tb Carteret County, at 1700 Salter Path Rd., near Indian Beach, adjacent to the Bogue Sound. Proposed Project: The applicant has a bulkhead that is imminently threatening to collapse and is seeking emergency authorization to construct a new vinyl bulkhead in front of the collapsing wall for community use in Bogue Sound. Please indicate below your agency's position or viewpoint on the proposed project and return this form by December 13, 2016. If you have any questions regarding the proposed project, please contact Brad Connell, Permit officer at (252) 808-2808. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. �T(hiis agency objects to the project for reasons described in the attached comments. SIGNED YQiS%t QttQB DATE �•'2 ' l�a sud dxordi C=lLna I Ravim"w3l Q221hy I Ccsstal MagagtmcN NOV 3 V 2016 400 Camme Ammon i Mmthzad My. NC 2s557 252-903-2808; 25'2.2473230 (fm ) 11 PAT MCCRORY Gmmor DONALD R. VAN DER VAART secretory Coastal Management ENVIRONMENTAL QUALITY November 23, 2016 MEMORANDUM: NOV 2 2016 D Shellfish Sa^ a c : wzc eational Wa:e, z -.:: on TO: Shannon Jenkins Shellfish Sanitation FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Ocean Club Master Association, Inc BRAXTON DAVIS DA'aor Project Location: Carteret County, at 1700 Salter Path Rd., near Indian Beach, adjacent to the Bogue Sound. Proposed Project: The applicant has a bulkhead that is imminently threatening to collapse and is seeking emergency authorization to construct a new vinyl bulkhead in front of the collapsing wall for community use in Bogue Sound. Please indicate below your agency's position or viewpoint on the proposed project and return this form by December 13, 2016. If you have any questions regarding the proposed project, please contact Brad Connell, Permit officer at (252) 808-2808. When appropriate, in-depth comments with supporting data is requested. RECEIVE REPLY: This agency has no objection to the project as proposed. NOV 3 0 2016 This agency has no comment on the proposed project. DCM- MHO CITY 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 aL �— �- 9"� 1 " F6 DATE 11 /23/� b SWe of North Carolma I Enironmental Quality I Coastal Meoagement 400 Commerce Avenue 1 Morehead City, NC 28551 252.808-280812n-247J330 (fax) PAT MCCRORY ' (m•ernnr DONALD R. VAN DER VAART Semtaty BRAXTON DAVIS Coastal Management Dlmcmr ENVIRONMENTAL QUALITY November 23, 2016 MEMORANDUM: TO: Rachel Love-Adrick Division of Coastal Management FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGB & FILL Permit Application Review Applicant: Ocean Club Master Association, Inc Project Location: Carteret County, at 1700 Salter Path Rd., near Indian Beach, adjacent to the Bogue Sound. Proposed Project: The applicant has a bulkhead that is imminently threatening to collapse and is seeking emergency authorization to construct a new vinyl bulkhead in front of the collapsing wall for community use in Bogue Sound. Please indicate below your agency's position or viewpoint on the proposed project and return this form by December 13, 2016. If you have any questions regarding the proposed project, please contact Brad Connell, Permit officer at (252) 808-2808. When appropriate, in-depth comments with supporting data is requested. REPLY:. This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This ag cy Tcto the project for reasons described in the attached comments. SIGNED0 DATE II �� I State of North Carolina I Enviromnental Quality I Comm Mmagement 400 Commerce Avenue I Morehead City, NC 28557 252-808-28081252-2473330 (fax) Li�51GAlIR'rr�IDai�u Ia�raa® DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Ocean Club Master Association Inc. LOCATION OF PROJECT SITE: The project is located adjacent to Bogue Sound at 1700 Salter Path Road, near Indian Beach, Carteret County. Latitude:34°41'18.84"N Longitude: 076°54'0.79"W INVESTIGATION TYPE: CAMA/D&F INVESTIGATIVE PROCEDURE: Date(s) of Site Visit—10/27/16 Was Applicant or Agent Present —No Photos Taken — Yes PROCESSING PROCEDURE: Application Received — cc: 11/4/16 Office — MHC SITE DESCRIPTION: i 1 20I2A b} (A) Local Land Use Plan— CadrseE Curtly 1N p 1" ,?Ek0 / Land Classification from LUP—Ae*eleped. MVL.TI' FAW 1 L (B) AEC(s) Involved: EW, PTA, ES, PTS, CW (C) Water Dependent: Yes (D) Intended Use: Private/Community (E) Wastewater Treatment: Existing — municipal sewer Planned - N/A (F) Type of Development: Existing — condominiums and bulkhead Planned - a vinyl bulkhead (G) Estimated Annual Rate of Erosion: N/A .Cn"rrr - N/A HABITAT DESCRIPTION: DREDGED FILLED INCORP/SHADED (A) Shallow Bottom 450 ftZ (B) Coastal Wetlands IL II 945 fO (C) High Ground 11 =1 5,835 fO (E) Total Area Disturbed: 7,230 ft2 (F) Primary Nursery Area: No (G) Water Classification: ORW Open: Yes (H) Cultural Resources: None t Field Investigation Report: Ocean Club Assoc Page 2 Proiect Summary: The applicant has a bulkhead that is imminently threatening to collapse and is seeking emergency authorization to construct a new vinyl bulkhead in front of the collapsing wall for community use in Bogue Sound, Carteret County. Narrative Description: The property is located adjacent to Bogue Sound at 1700 Salter Path Road in Indian Beach, Carteret County. This property is developed with condominium units, a docking facility, and two vinyl bulkheads. The adjacent property to the east used to be a campground and the property to the west is undeveloped. The average elevation of the high ground of the parcel is about 8' above the normal high water level (nhw). There is 1,076' of continuous shoreline along Bogue Sound on this tract of land. Vegetation. on the property mainly consist of palm trees, coastal wetlands, and lawn grasses.. Immediate offshore water depths adjacent to the parcel range from —0.3' to -4' normal low water level (nlw). The subaqueous substrate is firm with shell. There are live oysters in the nearby vicinity of the project area. There is not a cultural resource inthenearby vicinity of the project area. This waterbody is approximately 2.3 miles across at this location. These coastal waters are not classified as a Primary Nursery Area and submerged aquatic vegetation is not present at this location. This area is open to shellfish harvest and is classified as. Outstanding Resource Waters (ORW). There is not a defined Federal Channel in the nearby vicinity of this project area. This project area is within the White Oak River Basin. Proposed Development: The applicant wishes to construct a vinyl bulkhead to replace the failing eastern wooden bulkhead adjacent to Bogue Sound, in Indian Beach. The proposed development will take place at 1700 Salter Path Road, Carteret County. The proposed development will serve a private community condominium complex. The alignment of the proposed shoreline stabilization project will need to extend out up to 7' waterward of the normal high water level (nhw) at the shoreline in order to replace the existing failing eastern wooden bulkhead at this 12' elevation. As per the engineering report, the existing wooden bulkhead is dilapidated and catastrophic failure is imminent. There are existing condominium buildings approximately 40' from this existing 12' tall wooden bulkhead. The proposed bulkhead would be 389' long and 7.5' in height as measured from the surface of the substrate. The proposed vinyl bulkhead would a maximum of 13' (with a 2.5' average distance) waterward of the existing wooden bulkhead. The reason for this is in order to provide sound shoreline stabilization by structurally securing the existing collapsing bulkhead as per the engineering report. Approximately 50 square feet of rip rap is proposed on the exposed western terminus of the vinyl bulkhead to protect this comer from being undermined by heavy wave action. The east end of the proposed vinyl bulkhead will tie back into the property boundary and the existing adjacent bulkhead. Brad Connell November 23, 2016 Morehead City Field Investigation Report: Ocean Club Assoc Paee 3 Anticipated Impacts: The proposal will not pose a hazard to navigation. The proposed bulkhead will extend 7' waterward into this section of Bogue Sound. The proposed bulkhead will impact 450 square feet of shallow bottom habitat, 945 square feet of Coastal Wetlands, and 5,835 square feet of high ground. Traditional marine construction methodology will be utilized during the construction of this private shoreline stabilization project. Minimal temporary turbidity impacts are anticipated during construction. There is not a cultural resource in the nearby vicinity of the project area. These waters of Bogue Sound are not classified as a Primary Nursery Area and the presence of submerged aquatic vegetation was not observed in the immediate vicinity of the project area. This area is open to shellfish harvest and is classified as Outstanding Resource Waters. There is not a defined Federal Channel near the project area. Brad Connell November 23, 2016 Morehead City GARY GREENE E N G I N E E R S POST OFFICE Box 99213 RALEIGH, NORTH CAROLINA 27624-9213 USA -. 919-855-8488 FAX 919-889-9654 E-MAIL: GKGREENE@GARYGREENE-ENGINEERS.COM October 26, 2016 Brad Connell Division of Coastal Management NC Department of Environment and Natural Resourses 400 Commerce Avenue Morehead City, North Carolina 28557 Subject: The Ocean Club Master Association Bulkhead Replacement of Eastern Wall Dear Mr. Connell: I am requesting an.emergency major permit modification to DCM 108-03 which will allow for the replacement of the eastern wall located on the Bogue Sound of the owner's property. The existing bulkhead was constructed circa 2008 with the length of timber sheeting and piles based on exposed heights at that time and with timber that was not treated for marine exposure. At the toe of the bulkhead, no measures were installed to minimize scour impact. While a filter fabric was placed behind the wall, that fabric did not possess hydraulic properties to allow free movement of retained water through the wall. Significant erosion of the shoreline has occurred since the installation of the bulkhead resulting in loss of coastal marsh and soil in front of the wall. With the lack of proper treatment of the bulkhead timber for marine exposure, the wall has deteriorated allowing loss of backfill material through the wall. Efforts have been made to place new lumber facing material in front of the deteriorated timber; however, loss of material continues. Construction of the new bulkhead will consist of installing vinyl sheeting as close as feasible to the existing wall except for a high wall segment. At this segment, the available penetration of the existing wall is not sufficient to be stable and the wall is bowing. Therefore, the new wall be offset approximately 7 to 8 feet, minimum, from the existing wall to prevent failure of the existing wall. The reason for the offset is to avoid disrupting what support is available for the existing wall and so the new wall provides sufficient toe resistance to the existing wall that remains (creating a tiered wall). Please note that for the segment of this greater offset, 67% of the wall length is located where the mean high water line if offshore of the new bulkhead. location. Attached are 1) permit drawings P 1 through P4 for the replacement of the eastern wall; 2) a letter noting the structural and stability concern of the wall; and 3) a check in the amount of $400 for the permit fee. Please advise of any questions or concerns. Sincerely, Gary K Greene PE D.PE Attachments Permit Drawings, 4 pages Wall Evaluation Letter 1 pages Permit Fee check OCT 31 2016 DGM- MHD CITY DCM MP-1 APPLICATION for yr*. Major Development Permit` (last: revised 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/Landowner Information Business Name The Ocean Club Master Association Project Name (if applicable) Bulkhead Replacement Applicant 1: First Name Betty MI Last Name Johnsey (board president). Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. , Mailing Address 1700Salter Path Road PO Box City India Beach Stale NC ZIP 28575 Country Phone No. 252 - 247 - 2035 ext. - FAX No. - - Street Address (if different from above) City State ZIP Email 2. , Agent/Contractor Information, Business Name Gary Greene Engineers Agent/ Contractor 1: First Name MI Last Name Gary K Greene Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City Stale PO Box 9921 - Raleigh NC ZIP Phone No. 1 Phone No. 2 27624 9213 919 - 855 - 8488 ext. 919 - 417 -1698 ext. FAX No. Contractor# 919 882 9654 Street Address (if from above) - City State ZIP 5832 Faringdon Place, Suite 2 Raleigh NC 27609 - Email gkgreene@earthlink.net <Form continues on baclo 252.808-2808 :: 1.8.88.411COAS7 :: www.nccoastalmanagernent.net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Carteret 1700 Salter Path Road Subdivision Name - City State Zip Indian Beach NC 28575- Phone No. Lot No.(s) (if many, attach additional page with list) - - ext. , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project White Oak Bogue Sound 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 Bogue Sound e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed Was ❑No work falls within. Indian Beach NC 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 1076 ft 384,199.2 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) (if many lot sizes, please attach additional page with a list) 8 ft ®NHW or ❑NWL e. Vegetation on trail Wetlands, Undeveloped Coastal Forest and Developed area landscaping L Man-made features and uses now on tract ' Condominiums, pool, parking areas, conference building, roadways, timber bulkhead, , community pier /docking facility g. Identify and describe the existing land uses ad'acant to the proposed project site. Campground / Undeveloped property h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? Residential (Attach zoning compliance certificate, if applicable) NYes []No ❑NA J. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes NNo k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes NNo ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it Involve a []Yes NNo ❑NA National Register listed or eligible property? <Form continues on next page> 252-808.2808 :: 'I-888-4RCOAST :: wwev.nccoastaimnnage:mont.net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (1) Are there wetlands on the site? ®Yes ❑No (it) Are there coastal wetlands on the site? - ®Yes []No (ill) 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. into municipal sewer o. Describe existing drinking water supply source. municipal water system - p. Describe existing storm water management or treatment systems. infiltration into dry ponds and sheet runoff to sound 5. Activities and Impacts a. Will the project be for commercial, public, or private use? - ❑Commercial ❑Public/Government ' - ®Private/Community b. Give a brief description of purpose, use, and dailyoperations of the project when complete. No change to purpose/ use / daily operations. Condominium with both vehicular and marine vessel temporary packing . c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. _ - Construction will utilize cranes (floating and land based), equipment for bulkhead and backfilling along with manual labor for all items. Storage of equipment will either be on site or approved staging area d. List all development activities you propose. Installation of a vinyl bulkhead in front of existing deteriorating and failing timber bulkhead e. Are the proposed activities maintenance of an existing project, new work, or both? both f. What is the approximate total disturbed land area resulting from the proposed project? 450 ®Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public acoessway 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. existing storm water features exist and will not be modified I. Will wastewater or stormwater 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. - <Form continues on back> 252-808-2808 :: 1.888.4RC®AST :. •Nwvv.nccoastalmanngement.net Form DCM Ml (Page 4 of 4) APPLICATION for Major Development Permit 6. AddiHonalln/ormadon In addition In this completed application form; (All the following Items below, h applicable, must be submitted In orderfar the application package to be complete:. Items (a)—(0 orb always applicable to any me(ardevelopment application. Please'mault the ap➢holl Instructio liaoklet on hew 10PioperlyPiepare the required items below, - a. A project narmove. - b. An accurate, dated work D1a1 (including plan view and cross -sectional drawings) 11 Ill to scale, Please give the present status afthe proposed project. Is any portion already complete? If previously aulhorixed work, clearly Intlkale on maps, plate, drawings to distinguish between work completed and proposed. c. A site or Iccztion map that Is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. all A copy of the deed (wkh state 2PPlicadon only) are ther InetrvmanLunderwhieh the applicant deima tale to Iha a9eded propeNea. e: The appropriate appicatom fee, Check or money ordermade payable to DENR. 1.. A 10t of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have recall a copy of the application and plats by cenitied mall. 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. - .NameSleepCreekTurkeysinc - Phone No. 919-7783130 Address PO Bok,10009, Goldsboro NC 27532 Name Lillian Taylor estate do Jack Stanal Phone No. 919.875-0a17 Address 1405 Rork Dom CI, Pall NO 27615 Name. Phone No. Aaareaa . 9. A list of previous state or federal permu s Issued far work on the project tract. Include pemlit numbers, pemliaee, and Issuing dates. DCM101i The Ocean Club LLC -new residential development w/Diem Modified for bulkhead 31 and last renewed 1/9107 I Signed consultant or agent authorization form, if applicable. t. Wetland delineation, it necessary. J. Aligned AEC hazard DOOM for projects In oceanfront and inlet areas. (Nast be signed bypropedy, owner) K. A statement of compliancewdh the N.C. Environmental Pofcy Act I I, :: 1.S. 113A I lot if necessary. 11 Ne project lnvoNes expenditure of Dubllc tunas or use of public lands, attach a statement documenting compliance with the Nonh Carolina Environmental Policy Act. aI auy perms Issued inresponse to this application will allow only the development described in me 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 _November 4,2016 Print Name Gary KGGGrre�ene Signature Please indicate application attachments pertaining to your proposed project. ®DCM I Excavation and Fill Information ❑DCM I Bridges and Culverts ❑DCM MP-3 Upland Development pDCM Ml Structures Information 252.90E-2006 :: 1-886-4RCOAST ;: www..ncco ... anngement.net R Form mars stlMIP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this farm 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 pmjecL Please Include all supplemental Information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given In feet. Acceps Channel Other (NLW or Canal Boat Basin Boat Ram p Rock Groin Rock (excluding NWL Breakwater shoreline Stabilization) Length Width - Avg, Existing , Depth - NA NA Final Project Depth - - NA NA a. i C. (1) Does the area to be "coveted Include coastal wetlands/marsh (CW1, sobmerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (Wy? Vany boxes are checked, provide the number of square feet affected. OCW _ OSAV —OSB OWL _ ONene (it) Describe the purpose of the excavation in these areas: DISP_OSAL•OF:EXCAVATED MATERIAL a. Location of disposal area. C. (1) Do you darn tire to disposal Brea? OYes Ohio ONA (ii) If no, attach a lettergrandng permission from the ovmer. e. (1) Does the disposal area include any coastal wetlandshnarsh (CW), submerged aquatic vegetation ($AV), shell bottom (SB), or other wetlands (WL)7'If any boxes are checked, provide the number ofsquare feet affected. OCW ❑SAV _ OSB _ OWL ONone (ii) Describe the purpose of disposal In these areas: d. High -ground excavation in cubic yards, U. (g Willa dissppoosal area be available for future maintenance? OYes UNo DNA (it) If yes, where? f. lit Does the disposal inducts any area in the waver? OYes ONO ONA 00 If yes, hmv much water area Is affected? 252-808-2008 :: 1-880-9AGOAST :: wwW_peeoastal managogmM. net revised: 12126106 Form DCM MP-2 (Excavation and Fill, Page 2 of 2) •�-�xr�+41r-rurr zvsv (Ifdevelopmentis,a wood groin, use .MP4—Structures) ❑This section not applicable a. Type or shoreline slabilmatiom b. Length: Eastwall 389' .. - ®Bulkhead ORiprap SmakwaterlSill (]Other._ Width: 9 Inches for east bulkhead C. Average distance walemard of NHW or NWL: East wall to d. Maximum distance watemrd of NHW.or NWL: East wall 13.25' 13.25' wt 2.F ave. e. Type ofslabilizathn material: f. (i) Has there been shoreline erosion during preceding 12 Vinyl sheetpile bulkhead. Rockwall ends months? ®Yes ONO ❑NA (ii) If yes, state amounlof erosion and source or erosion amount Information. reviewof Google map literary g. Number of square feet of fill to be placed below water level. h. Type of fill material. Bulkhead backlill 953 East Wall Riprap 4l clean sand for bulkheads BreakwatedSill_ Other_ L Source of fill material. Approved borrow site a. If yes, (11) Amount of material to be placed in the water (III) Dimensions of fill area IN) Purpose of fill a. How will excavated or fill material be kept on: controlled? All fill will be placed behind Installed bulkhead ®This section not applicable number of square feet affected. OCW _ OSAV _ OSB OWL _ ONone (li) Describe the purpose of the fill In these areas: creme with bucket and possibly W nveyor to distribute the G. p) Will navigational aids be required as a result of the project? d. (I) Will wellands be crossed in transporting equipment to project Oyes ONO ONA side? OYes ONO ONA (i) If yes, explain what type and how they will be implemented. (i) If yes, explain steps that roll be taken to avoid or minimize environmental Impacts. (November 4, 2016 Date Bulkhead Replacement Project Name Gary K Greene Applicant Slgneture 252-808-2808:: 1-888-0RCD 4S vv w...coas4ibmananemene.ncl revised: �2I2GIOG Narrative for The Ocean Club Master As sociation Proposed Bulkhead The Ocean Club Master Association Replacement on the Bogue Sound in Carteret County Indian Beach, NC Page 1 of I Narrative for The Ocean Club Master Association Proposed Bulkhead Replacement on the Bogue Sound in Carteret County This project consists of various tasks associated with replacement of a deteriorated and partially failing timber bulkhead with a new vinyl bulkhead; installation of an offshore sill; and installation of pile supported (non floating) main dock and finger piers at end of an existing community pier. The following items are proposed in this permit INSTALLATION OF BULKHEAD IN FRONT OF AN EXISTING DMNUORATFD & PARTIALLY FAILING BULHEAD The existing bulkheads were constructed circa 2008 with the length of timber sheeting and piles based on exposed heights at that time and with timber that was not treated for marine exposure. At the toe of the bulkhead, no measures were installed to minimize scour impact. While a filter fabric was placed behind the wall, that fabric did not possess hydraulic properties to allow free movement of retained water through the wall. Significant erosion of the shoreline has occurred since the installation of the bulkhead resulting in loss of coastal marsh and soil in front of the wall. The loss of soil in front of the wall has resulted in the toe of sheeting being exposed at one location and the remaining locations with minimal toe support. At high wall locations on the eastern wall segment, the exposed height has resulted in bowing of the wall. With the lack of proper treatment of the bulkhead timber for marine exposure, the wall has deteriorated allowing loss of backfill material through the wall. Efforts have been made to place new lumber facing material in front of the deteriorated timber; however, loss of material continues. Construction of the bulkhead will consist of installing vinyl sheeting as close as feasible to the existing wall except for a segment of the eastern bulkhead wall. At this segment, the available penetration of the existing wall is not sufficient to be stable and the wall is bowing. Therefore, the new wall be offset approximately 7 to 8 feet, minimum, from the existing wall to prevent failure of the existing wall. For the segments of this greater offset, 67% of the wall length is located where the mean high water line if offshore of the new bulkhead location. A limited amount of sand fill will be placed behind the sheeting prior to installation of anchors and wale.' Upon completion of the anchors and wale, remaining fill will be placed to top of the new. The substrate area below mean high water to be cover by fill placement will be approximately 963 square feet for a bulkhead length of 389 feet. No fill is placed offshore of the mean low water line. GARY GREENE E N G I N E E R S POST OFFICE Box 99213 RALEIGH, NORTH CAROLINA 27624-9213 USA 919-865-8488 FAX 919-882-9654 E-MAIL: GKGREENE@GARYGREENE-ENGINEERS.COM October 26, 2016 Brad Connell Division of Coastal Management NC Department of Environment and Natural Resourses 400 Commerce Avenue Morehead City, North Carolina 28557 Subject: The Ocean Club Master Association Bulkhead Replacement of Eastern Wall Dear Mr. Connell: I have investigated the high segment of the existing timber bulkhead wall on Bogue Sound at the eastern end of the property owned by The Ocean Club Master Association. This segment of the wall consists of 8x8 inch timber king piles along with multiple 6x6 inch timber waters and IY2 inch timber sheathing. Since the completion of the wall, significant loss of soil has occurred on the waterside location of the wall increasing the exposed height and reducing the pile penetration. A site inspection of the bulkhead noted deterioration of the timber, voids due to loss of fill through deteriorated areas and bowing of the bulkhead. The movement has caused the hardware of the tie rod anchor to be recessed into the timber king pile. The bulkhead has a geo-synthetic fabric placed landside of the timber sheathing; however, testing ofthe fabric realizes that the material does not possess hydraulic properties to allow movement of water through the fabic. This causes two problems - 1) the water pursues a course where the fabric is lapped resulting in loss of soil through same lap, and 2) differential water level (landside to waterside) is greater than normal from tidal water and rain events. An analysis of the wall was made utilizing maximum lengths of timber sheathing and king piles as reported by the contractor Bentley Brooks and soil parameters from a recent geotechnical investigation. The results of the analysis indicates that the penetration of the king pile into the soil is less than 40% of what should be provided under proper design and that the bending stress in the king pile is in excess of 200% of allowable stresses. Thus, this wall is not stable and is overstressed based on engineering practice. The wall needs to be replaced at the earliest convenience in consideration that erosion of the shoreline in front of the wall continues. Please advise of any questions. Sincerely, Gary K Greene PE D.PE OCT 31 2016 r— 34' 41.28' N 76' 54.08' V i EXTENDED PROPERTY LINE FOR RIPARIAN. / LINE F- H w o I OCEAN CLUB �r C) � �a as O J a� I � O LOCATION PLAN 1� 7(o f, I OCT 31 2016 ®CM— MHD CITE' Z SCALE: NO SCALE PURPOSE BULKHE LINE FOR RIPARIAN LINE WORK LOCATION LOCA - 6 W NOm 2mf u \/ ��//\ ROAD D"TER M MC BASED A Nq am mxw OANN 7.' NOAA 6RADm1 IN DAtON (NAWE6) DAL EPOCNOfN 9M — 2W A U FOR nON. M NAW CORREIAIIDN Z —1.29 KW —1.41 NLLM N DESNN DFPDI —20 YA% ROm IDNE (AE) MIA EEUA YAP Ay W �1 37M3341104 7/16/2W3 K w F 0.EVATON6 APE FkPRESSEO W FEET Y O W K wr TIDAL DATA as o Imo' Of J d N i NEW EAST WALL BULKHEAD SEE SHEETS P2, P3 & P4 PARTIALLY REMOVE TOP OF EXIST BULKHEAD TO ELEVATION +6.5 PARRALLY REMOVE EXTENDED PROPERTY EXISTING BULKHEAD `I LINE FOR RIPARIAN UNE \ 15 FT OFFSET I 1 REMOVE 2x12 CAP FROM BULKHEAD 30 FT BUFFER REMOVE EXIST STAIRS • ' °�,e ••`g J�75 FT AEC ��w, ea• � I DEMOLITION AND NEW WORK PLAN ADM SILL MAP AND GENERAL PLAN GARY GRE WORK: MAINTENANCE AND ORIGINAL EAST WALL BULKHEAD REPLACEMENT E N 1 I N E E 5 PRS O BOx 99213 RALEIGH, NC 27624 DATUM: NAVD 88 APPLICANT: THE OCEAN CLUB MASTER ASSOCIATION WATER BODY: BOGLE SOUND ADJACENT PROPERTY OWNERS: STREET: SALTER PATH ROAD 1. LILLIAN P TAYLOR ESTATE 1700 SALTER PATH ROAD CITY COUNTY: INDIAN BEACH CARTERET 2. SLEEPY CREEK TURKEYS INC INDIAN BEACH NC 3' DATE: 10/2016 SHEET 1 OF 4 I 1 r I q �y O U I, TON 4 - SC 'y AT UNE E2 ti \ Z Nas o. ECnON 4 T-4. o ; 11�5 o e OffSEi � piFs o - °� J, �i L 0 0 o 4 o J , m -> 3 4 a 13 �; � s r i � i> OFFSET �T � RECEIVED _ SECT_ QN m J LQi s C�10N ^ OCT 31 2016 U a� Dt CM- MHD CITY SCALE: 1"= 20 ft N PURPOSE: BULKHEAD & SILL EAST WALL, SHEET 1 Y G WORK: MAINTENANCE AND ORIGINAL EAST WALL BULKHEAD REPLACEMENT NGINEERSE �ffjmPO Bu% 99213 RALUI . NC 27624 DATUM: NAVD 88 WATER BODY: BOGUE SOUND APPLICANT: THE OCEAN CLUB MASTER ASSOCIATION STREET: SALTER PATH ROAD ADJACENT PROPERTY OWNERS: 1. LILLIAN P TAYLOR ESTATE 1700 SALTER PATH ROAD CITY COUNTY: INDIAN BEACH CARTERET 2. SLEEPY CREEK TURKEYS INC INDIAN BEACH NC 3. DATE: 10/2016 SHEET 2 OF 4 a U N m Q W R K U d � Z T W CO o tlq41 / V a J O O \ Z W z a Ir p � O Z J RECEIVED OCT 31 2016 S CTION 4 DCM- VHD CITY MATH N N N SCALE: 1"= 20 ft \ PURPOSE: BULKHEAD & SILL EAST WALL, SHEET 2 GARY GREENE WORK: MAINTENANCE AND ORIGINAL EAST WALL BULKHEAD REPLACEMENT. E N 0 I N E E R S PO BOX 99213 RALEI6N, NC 27624 DATUM: NAVD 88 WATER BODY: BOGUE SOUND APPLICANT: THE OCEAN CLUB MASTER ASSOCIATION STREET: SALTER PATH ROAD ADJACENT PROPERTY OWNERS: 1700 SALTER PATH ROAD 1. LILLIAN P TAYLOR ESTATE CITY COUNTY: INDIAN BEACH CARTERET 2. SLEEPY CREEK TURKEYS INC INDIAN BEACH NC 3. DATE: 10/2016 SHEET 3 OF 4 a of i o + + I 0 a J W _ Y Y m m 0 z 1 ¢ w O G U n N d00 --T CLn EIVE® W , OCT 31 2016 w J W W t�� Sq(� ('� p� 15CM- MH® CiT T o N SCALE: 1 8" = 1 It o + I + PURPOSE: BULKHEAD & SILL BULKHEAD SECTIONS GARY GREENE WORK: MAINTENANCE AND ORIGINALI EAST WALL BULKHEAD REPLACEMENT ENGINEER S PO RO% 9RALEIGR, i7621 DATUM: NAVD 88 ADJACENT PROPERTY OWNERS: 1. LILLIAN P TAYLOR ESTATE 2. SLEEPY CREEK TURKEYS INC APPLICANT: THE OCEAN CLUB MASTER ASS( 1700 SALTER PATH ROAD INDIAN BEACH NC STREET: SALTER PATH ROAD CITY / COUNTY: INDIAN BEACH / CARTERE DATE: 10/2016 SHEET 4 OF 4 Huggett, Doug From: Reeder, Tom Sent: Tuesday, November 29, 2016 7:39 AM To:. Davis, Braxton C Cc: Huggett, Doug Subject: RE: request for emergency major permit I concur. Please move forward. Thanks. Tom Reeder Assistant Secretary for Environment NC Department of Environmental Quality Office: 919-707-8619 Cell: 919-630-9241 tom.reeder(@ncdenr.gov 1601 Mail Service Center Raleigh NC 27699-1601 "% Nothing Compares Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Davis, Braxton C Sent: Monday, November 28, 2016 3:24 PM To: Reeder, Tom <tom.reed er@ncdenr.gov> Cc: Huggett, Doug <doug.huggett@ncdenr.gov> Subject: FW: request for emergency major permit Importance: High Tom, I am in agreement with Doug's recommendation below, can you please confirm so that we can move forward? Thanks... From: Huggett, Doug Sent: Monday, November 28, 2016 1:43 PM To: Davis, Braxton C <Braxton.Davis@NCDENR.Gov> Cc: Lopazanski, Mike <mike.looazanski@ncdenr.gov>; Huggett, Doug <doug.huggett@ncdenr.gov>; Brownlow, Roy <rov. b rown low@ n cde n r.gov> Subject: request for emergency major permit Braxton, We have ri�-,eived a request from Gary Green, PE, for an emergency major permit on behalf of the Ocean Club Master Association in Indian Beach. Mr. Green indicates that the bulkhead on the property has destabilized to the point that the bulkhead is under imminent threat of collapse, which could subsequently lead to structural failure of adjacent condominium structures. Mr. Green further states that replacement of the deteriorated bulkhead within its existing footprint is not feasible, and in order to construct a properly engineered bulkhead he will need to locate the new bulkhead a maximum of 12-13' waterward of the existing bulkhead. In doing so, the project will impact slightly less than 1,000 sf of Coastal Wetlands. i have discussed this with District Manager Roy Brownlow, and we are in agreement that an emergency major pen -nit appears justified in this case. Therefore, I recommend requesting that the Department authorize the Division to implement the emergency provisions of CAMA (see below). Please let me know if you have any additional questions. Thanks Doug § 113A-118. Permit required. (f) The Secretary may issue special emergency permits under this Article. These permits may only be issued in those extraordinary situations in which life or structural property is in imminent danger as a result of storms, sudden failure of man-made structures, or similar occurrence. These permits may carry any conditions necessary to protect the public interest, consistent with the emergency situation and the impact of the proposed development. If an application for an emergency permit includes work beyond that necessary to reduce imminent dangers to life or property, the emergency permit shall be limited to that development reasonably necessary to reduce the imminent danger; all further development shall be considered under ordinary permit procedures. This emergency permit authority of the Secretary shall extend to all development in areas of environmental concern, whether major or minor development, and the mandafory notice provisions of G.S. 113A-119(b) shall not apply to these emergency permits. To the extent feasible, these emergency permits shall be coordinated with any emergency permits required under G.S. 113-229(el). (1973, c. 476, s. 128; c. 1282, ss. 23, 33; c. 1284, s. 1; 1975, c. 452, s. 5; 1977, c. 771, s. 4; 1979, c. 253, s. 5; 1981, c. 932, s. 2.1; 1983, c. 173; c. 518, s. 3; 1987, c. 827, s. 136; 1989, c. 727, s. 131; 1997-443, s. 11A.119 Doug Huggett Manager, Major Permits and Federal Consistency Section North Carolina Division of Coastal Management doug.huggett@ncdenr.gov (252) 808-2808 ext. 212 r Huggett, Doug From: Huggett, Doug Sent: Monday, November 28, 2016 1:43 PM To: Davis, Braxton C Cc: Lopazanski, Mike; Huggett, Doug; Brownlow, Roy Subject: request for emergency major permit Braxton, We have received a request from Gary Green, PE, for an emergency major permit on behalf 6f the Ocean Club Master- Association in Indian Beach. Mr. Green indicates that the bulkhead on the property has destabilized to the point that the bulkhead is under imminent threat of collapse, which could subsequently lead to structural failure of adjacent condominium structures. Mr. Green further states that replacement of the deteriorated bulkhead within its existing footprint is not feasible, and in order to construct a properly engineered bulkhead he will need to locate the new bulkhead a maximum of 12-13' waterward of the existing bulkhead. In doing so, the project will impact slightly less than 1,000 sf of Coastal Wetlands. I have discussed this with District Manager Roy Brownlow, and we are in agreement that an emergency major permit appears justified in this case. Therefore, I recommend requesting that the Department authorize the Division to implement the emergency provisions of CAMA (see below). Please let me know if you have any additional questions. Thanks Doug § 113A-118. Permit required. (f) The Secretary may issue special emergency permits under this Article. These permits may only be issued in those extraordinary situations in which life or structural property is in imminent danger as a result of storms, sudden failure of man-made structures, or similar occurrence. These permits may carry any conditions necessary to protect the public interest, consistent with the emergency situation and the impact of the proposed development. If an application for an emergency permit includes work beyond that necessary to reduce imminent dangers to life or property, the emergency permit shall be limited to that development reasonably necessary to reduce the imminent danger; all further development shall be considered under ordinary permit procedures. This emergency permit authority of the Secretary shall extend to all development in areas of environmental concern, whether major or minor development, and the mandatory notice provisions of G.S. 113A-119(b) shall not apply to these emergency permits. To the extent feasible, these emergency permits shall be coordinated with any emergency permits required under G.S. 113-229(e1). (1973, c. 476, s. 128; c. 1282, ss. 23, 33; c. 1284, s. 1; 1975, c. 452, s. 5; 1977, c. 771, s. 4; 1979, c. 253, s. 5; 1981, c. 932, s. 2.1; 1983, c. 173; c. 518, s. 3; 1987, c. 827, s. 136; 1989, c. 727, s. 131; 1997-443, s. 11A.119 Doug Huggett Manager, Major Permits and Federal Consistency Section North Carolina Division of Coastal Management doug.huggett@ncdenr.gov (252) 808-2808 ext. 212 Coastal Management ENVIRONMENTAL QUALITY MEMORANDUM DATE: November 23, 2016 TO: Doug Huggett THRU: Roy Brownlow FROM: Brad Connell (le' YAI MUUKUKY Gnvemnr DONALD R.'VAN DER VAART Se..ao' BRAXTON DAVIS Diren"r SUBJECT: Comments and Recommendations - CAMA Major Permit —Ocean Club Master Association Inc, Carteret County The following is my assessment and consequent recommendations of the above referenced proposal: This proposal fills 450 square feet of Public Trust Waters and 945 square feet of Coastal Wetlands. These waters of Bogue Sound are open to shellfish harvest and classified as Outstanding Resource Waters (ORW). This waterbody is not a Primary Nursery Area. This proposal will not pose a hazard to navigation. Assuming that state and federal agencies concur with the proposal, I recommend the project be authorized as proposed, contingent upon the following conditions: 1) The bulkhead will not extend more than 13 feet from the existing wooden bulkhead at any point along its alignment at the time of construction and must follow the alignment depicted on drawings dated received by the DCM on 10/31/2016 titled "East Wall Sheet 1;" 2) The bulkhead must be constructed prior to any backfilling activities; 3) The bulkhead must be structurally tight so as to prevent seepage of backfill materials through the structure; 4) The bulkhead must be solid and constructed of treated wood, corrugated vinyl, metal sheet piles or other suitable materials approved by department personnel. No excavation is permitted except for that which may be required for the construction of the bulkhead wall, riprap, deadmen cables, etc. This permit does not authorize any excavation waterward of the approved alignment; Nothing Compares Sate of North Carolina I Environmental Quality I Coastal Management 400 Commerce Ave I Morehead City, NC 28557. 252 808 2808 T Ocean Club November 23, 2016 Page 2 of 2 — 5) The fill material will be clean and free of any pollutants except in trace quantities. Metal products, organic materials, or unsightly debris will not be used; 6) All backfill material will be obtained from a high ground source and confined behind the permitted bulkhead; 7) All fill material to be placed below mean high water level will be confined behind the permitted bulkhead. 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: This permit does not convey any rights, either in real estate or material. CC: Roy Brownlow, DCM 400 Commerce Ave., Morehead City, NC 28557 Phone: 252-808-2808 \ FAX: 252-247.3330 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmalwo Ac9on Employer An uk Major permit Fee Sch�J Circle One Check Amount 9 Project n )cope. h NORTH CAROLINA, CARTERET COUNTY This insUument and this wdl8cate are duty filed at the date and Bme and In the Book and Papa shown on the fast peps herco/. en .R09WW -e.tw^m:Iwlmao..a. uII�II��IIIIIIIV��lll�l�lll��ill all [ILE % 148*1 40N KEGESIRnT1UN IIEGISItN Vt UFtOY JOY La Oarla+l C.. '. NG 39WC23, 2�� 02:40::19 PM FEE f19.0U FILE 11494341 QUIT CLAIM DEED Prepared by: Richard J. Archie WHITE 6 ALLEN, P.A. Property was not Grantor's primary residence NO TITLE EXAMINATION PERFORMED BY DRAFTING ATTORNEY NORTH CAROLINA CARTERET COUNTY Tax Stamps: Parcel No.: 633405087082000 THIS DEED, made this Z4 day of May, 2014, by FYH, LLC, Grantor; to THE OCEAN CLUB MASTER ASSOCIATION, INC., whose address is P.O. Box 4455, Emerald Isle, NC 26594, Grantee; W I T N E S S E T H: That Grantor, for a valuable consideration paid by Grantee, the receipt of which is hereby acknowledged, has remised and released, and by these presents, does remise, release, and forever quitclaim unto Grantee, its successors and assigns, in fee simple, that parcel of land lying and being in Morehead Township, Carteret County, North Carolina, and more particularly described on Exhibit A attached hereto and incorporated herein by reference. This property is a portion of that property conveyed to Grantor by Deed recorded in the above named County Registry in Book 1115, Page 438. BOOqqLLPAGE 3M O TO HAVE AND TO HOLD the aforesaid parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors and assigns, and shall include singular, plural, masculine, feminine or i neuter as required by context. IN WITNESS WHEREOF, the Grantor has caused this instrument to be signed in the manner prescribed by law, the day and year first above written. SIGNATURE ON THE FOLLOWING PAGE 3 BOOKIE $ PAGE 341 FYH, L//%��LL/C/�� q�(\�)(,\�/1 By: V �I W'K 7� (SEAL) Pamela D. Wall, Manager NORTHCAROLINA Carka-. COUNTY Personally appeared before me this day Pamela D. 'Wall being personally known to me or identified by satisfactory evidence and acknowledged to me that she is the Manager of FYH, LLC and that as Manager she voluntarily executed the foregoing instrument for the terms and purposes therein set forth. Witness my hand and notarial seal, this Z6 day of 2014. Adt A//t TR Cv sYfLS Notary Public My commission expires: 0(0-03-20/9 #OTARy PU0, 3 BOOK S PAGE A I Exhibit "A" ATTACHMENT TO QUIT CLAIM DEED by FYH, LLC, Grantor; to THE OCEAN CLUB MASTER ASSOCIATION, INC., Grantee: BEING ALL of that property conveying 0.24 acres, more or less as same is depicted on that map entitled "RECOMBINATION AND EASEMENT SURVEY THE OCEAN CLUB" prepared by Stroud Engineering, P.A. dated 10/0/13 recorded in Map Book 3P , Page Qjy , Carteret County Registry. Reference is made 'to said map for a detailed description of said property. It is the Grantee's intention that this property be combined with NCPIN 633405170619000 to create one tax parcel. 15 112119-1 9 BOOK LAt� PAGE 3kA1 a JL1t� r, C 0. .NORTH CAROLINA, CARTERET COUNTY This Ineeument and title certificate are duty filed at the date and time end In the Book arid Pape shown on the first page hereof. iL^"'^'' O,l1:Ur . _. ,t I�III�NII I�IIIII�ItiII�IIIIIIP�illl� PILE 114 IT YOX XGG fYrtrt�t I1E6151[II NUCY ULLs ... auram. July 1-11V:1P PA23, 2014 02: BC FEE e]e UU FILE 11484341 QUIT CLAIM DEED Prepared by: Richard J. Archie WHITE & ALLEN, P.A. Property was not Grantor's primary residence NO TITLE EXAMINATION PERFORMED BY DRAFTING ATTORNEY NORTH CAROLINA Tax Stamps: S CARTERET COUNTY Parcel No.: 633405087082000 THIS DEED, made this Zn1 day of May, 2014, by FYN, LLC, Grantor; to THE OCEAN CLUB MASTER ASSOCIATION, INC., whose address is P.O. Box 4455, Emerald Isle, NC 28594, Grantee; W I T N E S S E T H: That Grantor, for a valuable consideration paid by Grantee, the receipt of which is hereby acknowledged, has remised and released, and by these presents, does remise, release, and forever quitclaim unto Grantee, its successors and assigns, in fee simple, that parcel of land lying and being in Morehead Township, Carteret County, North Carolina, and more particularly described on Exhibit A attached hereto and incorporated herein by reference. This property is a portion of that property conveyed to Grantor by Deed recorded in the above named County Registry in Book 1115, Page 438. BOOKV�PAGE 341 O tl j TO HAVE AND TO HOLD the aforesaid parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors and assigns, and shall include singular, plural, masculine, feminine or Ineuter as required by context. IN WITNESS WHEREOF, the Grantor has caused this instrument to be signed in the manner prescribed by law, the day and year first above written. SIGNATURE ON THE FOLLOWING PAGE 2 BOOK LILPAGE 341 FYH, LLC' I/'� n1A\' 1 .� ^1\ /, By: � l7-� W� 7�-� (SEAL) Pamela D. Wall, Manager NORTH CAROLINA rA r4fylo' COUNTY Personally appeared before me this day Pamela D. 'Wall being personally known to me or identified by satisfactory evidence and acknowledged to me that she is the Manager of FYH, LLC and that as Manager she voluntarily executed the foregoing instrument for the terms and purposes therein set forth. Witness my hand and notarial seal, this Z5 day of 'f nR, , 2014. r(i'Th Cv-A-US Notary Public My commission expires: 0(9-0a-ZO/9 3 BOOK l PAGE L I Exhibit "A" ATTACHMENT TO QUIT CLAIM DEED by FYH, LLC, Grantor; to THE OCEAN CLUB MASTER ASSOCIATION, INC., Grantee: BEING ALL of that property conveying 0.24 acres, more or less as same is depicted on that map entitled "RECOMBINATION AND EASEMENT SURVEY THE OCEAN CLUB" prepared by Stroud Engineering, P.A. dated 10/8/13 recorded in Map Book 33 , Page 915' , Carteret County Registry. Reference is made to said map for a detailed description of said property. It is the Grantee's intention that this property be combined with NCPIN 633405170619000 to create one tax parcel. #5 112119-1 9 BOOKLyA PAGE 3y 1 GARY GREENE E N G I N E E R S POST OFFICE BOX 99213 RALEIGH, NORTH CAROLINA 27644-9213 USA 919-855-8488 FAx 919-882-9654 E-MAIL: GKGREENEca GARYGREENE-ENGINEEnCOM October 28, 2016 Jack Stancil Executor, Lillian Taylor Estate 1405 Rock Dam Court Raleigh, North Carolina 27615 Subject: Dear Mr. Stancil: The Ocean Club Master Association is applying for an emergency CAMA major modification of their original permit to install a new bulkhead in front of an existing wall at 1700 Salter Path Road, Indian Beach NC in Carteret County. The specifics of the proposed work are in the attached correspondence and drawings that are included with this letter. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development in order to give you the opportunity to comment on the project and request that you complete the attached "Adjacent Riparian Property Owner Statement". Please review the attached permit drawings. Should you have any objections to this proposal, please send your written comments to Roy Brownlow, District Manager, Morehead City Regional Office, 400 Commerce Avenue, Morehead City, NC 28557. Such comments will be considered by the Department in reaching a final decision on the application. We are asking that you return the "Adjacent Riparian Property Owner Statement" to Mr. Brownlow at the same address at your earliest convenience. If you have any questions on this project, please call me at 919-855-8488, or e-mail me at gkgreene@garygreene-engineers.com Sincerely, Gary K Greene PE D.PE RECEIVED OCT 31 2016 DCM- MHD CITY ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to Thp mean Ch ih Mactpr Acgnriatinn s (Name of Property Owner) property located at 17nn Saltpr Path Rnnd (Address, Lot, Block, Road, etc.) on Rague Snunrl in Indian Rpnrh Rarterpt Cnunty N.C. (Waterbody) (Cityrrown and/or County) The applicant has described to me, as shown below, the development proposed at the above location. I have no objection to this proposal. I have objections to this proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (individual proposing development must fill in description below or attach a site drawing) Construction of the new bulkhead will consist of installing vinyl sheeting as close as feasible to the existing wall except for a high wall segment. At this segment, the available penetration of the existing wall is not sufficient to be stable and the wall is bowing. Therefore, the new wall be offset approximately 7 to 8 feet, minimum, from the existing wall to prevent failure of the existing wall. The reason for the offset is to avoid disrupting what support is available for the existing wall and so the new wall provides sufficient toe resistance to the existing wall that remains (creating a tiered wall). WAIVER SECTION understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. Signature PaW R%no 'ent fn Orpan Chih Print or Type Name Post Office Box 99213 Mailing Address Raleigh, NC 27624 City/State/Zip 919-855-8488 gkpreene paa�preene-enoineers.com Telephone Number/ email address October 27. 2016 Date `Valid for one calendar year after signature* (Adjacent Property Owner Signature * I illian Tawlnr c/n .lark Rtauril Print or Type Name 1405 Rock Dam Court Mailing Address Raleigh, NC 27615 City/StatelZip Telephone Number Iemail address Date* DECEIVED OCT 31 2016 (Revised Aug. 2014) DCNI- EWal-0 C: Y GARY GREENE E N G I N E E R S POST OFFICE Box 9941 s RALEIGH, NORTH CAROLINA 97624-941s USA 919-855-8488 FAX 919-882-9654 E-MAIL: GKGREENE@GARYGREENF ENGINEERSCOM October 28, 2016 Sleepy Creek Turkeys Inc Post Office Box 10009 Goldsboro, North Carolina 27532 Subject: Dear Mr. Stancil: The Ocean Club Master Association is applying for an emergency CAMA major modification of their original permit to install a new bulkhead in front of an existing wall at 1700 Salter Path Road, Indian Beach NC in Carteret County. The specifics of the proposed work are in the attached correspondence and drawings that are included with this letter. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development in order to give you the opportunity to comment on the project and request that you complete the attached "Adjacent Riparian Property Owner Statement". Please review the attached permit drawings. Should you have any objections to this proposal, please send your written comments to Roy Brownlow, District Manager, Morehead City Regional Office, 400 Commerce Avenue, Morehead City, NC 28557. Such comments will be considered by the Department in reaching a final decision on the application. We are asking that you return the "Adjacent Riparian Property Owner Statement" to Mr. Brownlow at the same address at your earliest convenience. If you have any questions on this project, please call me at 919-855-8488, or e-mail me at gkgreene@garygreene-engineers.com Sincerely, Gary D.PE RECEIVED OCT 31 Z016 DCM- MHD CITY ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to The r.r'�P__ 1.1 L Mn • Association 's (Name of Property Owner) property located at On Rnglla (Address, Lot, Block, Road, etc.) in nni� Carteret rnunty Snund N.C. (Waterbody) (City/Town and/or County) The applicant has described to me, as shown below, the development proposed at the above location. I have no objection to this proposal. I have objections to this proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (individual proposing development must fill in description below or attach a site drawing) Construction of the new bulkhead will consist of installing vinyl sheeting as close as feasible to the existing wall except for a high wall segment. At this segment, the available penetration of the existing wall is not sufficient to be stable and the wall is bowing. Therefore, the new wall be offset approximately 7 to 8 feet, minimum, from the existing wall to prevent failure of the existing wall. The reason for the offset is to avoid disrupting what support is available for the existing wall and so the new wall provides sufficient toe resistance to the existing wall that remains (creating a tiered wall). WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. (Property Owner Information) (Adjacent Property Owner Information) Signature r,,BCy r•___.. A. pnt in nrmmn Ciao Print or Type Name OfficePost Bnx 99213 Mailing Address Raleigh NC 27624 City/StatelZip g198ineers.com Telephone Number/email address October 27 2016 Date `Valid for one calendar year after signature' RECEIVED Signature* OCT $1 2016 .Slcapg r k T r4 g1 r Print or Type Name DCM- MHD CITY Goldsboro NC 27532 City/State/Zip Telephone Number/email address Date" (Revised Aug. 2014) 7016 1370 0001 1570 6437 7016 1370 nnm veen r •Co date iWcoo 1, 2, erW a. ■ Pdd yourrrema end.ddmss on ibe reverse co a, anieWrn meats toyarr • AMacit tic cardl0 to beck of iha nallPiec. s�`f �acC,t iwtKfY1 //P�o box loov9 ' �7u lr/,4'av ✓��2'jSJL IIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIII 9590 9402 1822 6104 491019 7016 1370 0001 .u.unn Jpl1. July 9015 P •C ,W. name 1. z,. a. QAm Pont your name end eddrue on w twee. X Day somodana mm.t.oedbyou. G bJ M-W O. M.a1 •/wCWt; melplea, 1. wws. C pn'seartll.e. 'i bb ow �A�IL.i1aN�el �. /9v5Rb1.1��� f /2AcElaN .1J CZ76,15 IIIIIIIIIIilllllllllllllll IIIIIIIIIII IIIIII 9690 9402 1822 6104 4908 69 7016 1370 0001 1570 5381 ✓a rbr, 0811, July 015 MN 7SMM ODWN AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: The Ocean Club Master Association, Inc. Mailing Address: c/o Crystal Coast Management Consultants Post Office Box 4455, Emerald Isle, NC. 28594 Phone Number: 252-354-6333 Email Address: Jaye(a�ccmc-nc.com I certify that I have authorized Gary Greene Engineers Agent I Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA Permits necessary for the following proposed development: Modification of Sound Side Bulkheads at my property located at 1700 Salter Path Road, Salter Path NC 28575 in Carteret County. I furthermore certify that I am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Assoc 1M Tide / ) DD This certification is valid through 7 / 1 / 2017 Coastal Management ENVIRONMENTAL QUALITY DATE: TO: THRU: FROM: SUBJECT: MEMORANDUM November 18, 2016 YAI MCCKUKY Gmrnior DONALD R. VAN DER VAART Secrernry BRAXTON DAVIS Dtrermr I Doug Huggett Roy Brownlow Brad Connell R Comments and Recommendations - CAMA Major Permit —Ocean Club Master Association Inc, Carteret County The following is my assessment and consequent recommendations of the above referenced proposal: This proposal fills 450 square feet of Public Trust Waters and 945 square feet of Coastal Wetlands. These waters of Bogue Sound are open to shellfish harvest and classified as Outstanding Resource Waters (ORW). This waterbody is not a Primary Nursery Area. This proposal will not pose a hazard to navigation. Assuming that state and federal agencies concur with the proposal, I recommend the project be authorized as proposed, contingent upon the following conditions: 1) The bulkhead will not extend more than 13 feet from the existing wooden bulkhead at any point along its alignment at the time of construction; 2) The bulkhead must be constructed prior to any backfilling activities; 3) The bulkhead must be structurally tight so as to prevent seepage of backfill materials through the structure; 4) The bulkhead must be solid and constructed of treated wood, corrugated vinyl, metal sheet piles or other suitable materials approved by department personnel. No excavation is permitted except for that which may be required for the construction of the bulkhead wall, riprap, deadmen c bles, etc. This permit does not authorize any excavation waterward of the approved alignment; S MvSf trB,v z'�sSu +.� 6y Sk1w,� ..r Deus y, liZtc,�� �yGAI t0�31 �zoGr�. !''Nothing Compares �4vF G-+ � Slid State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Ave I Morehead City, NC 28557 252 808 2808 T Ocean Club November 18, 2016 Page 2 of 2 5) The fill material will be clean and free of any pollutants except in trace quantities. Metal products, organic materials, or unsightly debris will not be used; 6) All backfill material will be obtained from a high ground source and confined behind the permitted bulkhead; 7) All fill material to be placed below mean high water level will be confined behind the permitted bulkhead. 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: This permit does not convey any rights, either in real estate or material. CC: Roy Brownlow, DCM 400 Commerce Ave., Morehead City, NC 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer 1 4 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Ocean Club Master Association Inc. LOCATION OF PROJECT SITE: The project is located adjacent to Bogue Sound at 1700 Salter Path Road, near Indian Beach, Carteret County. Latitude:34°41'18.84"N Longitude: 076°54'0.79"W INVESTIGATION TYPE: CAMA/D&F INVESTIGATIVE PROCEDURE: Date(s) of Site Visit—10/27/16 Was Applicant or Agent Present —No Photos Taken — Yes PROCESSING PROCEDURE: Application Received — cc: 11/4/16 Office — MHC SITE DESCRIPTION: (A) Local Land Use Plan — Carteret County Land Classification from LUP —Developed I\ (B) AEC(s) Involved: EW, PTA, ES, PTS, CW (C) Water Dependent: Yes (D) Intended Use: Private/Community (E) Wastewater Treatment: Existing — municipal sewer Planned - N/A (F) Type of Development: Existing — condominiums and bulkhead Planned - a vinyl bulkhead (G) Estimated Annual Rate of Erosion: N/A Source — N/A HABITAT DESCRIPTION: DREDGED FILLED INCORP/SHADED (A) Shallow Bottom 450 ftz (B) Coastal Wetlands 945 ft2 (C) High Ground�J 5,835 ftz (E) Total Area Disturbed: 7,230 ff` (F) Primary Nursery Area: No (G) Water Classification: ORW Open: Yes (II) Cultural Resources: None 0 Field Investigation Report: Ocean Club Assoc Proiect Summary: The applicant has a bulkhead that is imminently threatening to collapse and is seeking emergency authorization to construct a new vinyl bulkhead in front of the collapsing wall for community use in Bogue Sound, Carteret County. Narrative Description: The property is located adjacent to Bogue Sound at 1700 Salter Path Road in Indian Beach, Carteret County. This property is developed with condominium units, a docking facility, and two vinyl bulkheads. The adjacent property to the east used to be a campground and the property to the west is undeveloped. The average elevation of the high ground of the parcel is about 8' above the normal high water level (nhw). There is 1,076' of continuous shoreline along Bogue Sound on this tract of land. Vegetation on the property mainly consist of palm trees, coastal wetlands, and lawn grasses. Immediate offshore water depths adjacent to the parcel range from —0.3' to —4' normal low water level (nlw). The subaqueous substrate is firm with shell. There are live oysters in the nearby vicinity of the project area. There is not a cultural resource in the nearby vicinity of the project area. This waterbody is approximately 2.3 miles across at this location. These coastal waters are not classified as a Primary Nursery Area and submerged aquatic vegetation is not present at this location. This area is open to shellfish harvest and is classified as Outstanding Resource Waters (ORW). There is not a defined Federal Channel in the nearby vicinity of this project area. This project area is within the White Oak River Basin. Proposed Development: \ n � ® � The applicant wishes to construct a vinyl bulkhead to s i e ailin ooden bulkhead adjacent to Bogue Sound, in Indian Beach. The proposed development will take lace at 1700 Salter Path Road, Carteret County. The proposed development will serve a private community condominium complex. project ect K c S, o ex u The alignmen of the proposed shoreline stabili ti project will need to ex enfl up WTwaterw of a normal high water level (nhw at a shoreline in order to e ey failin woo en bulkhead at is J2 elevatio . U6 existing wooden is n enE catas phic failure ,There azicondominium approximately 40' from this existing 1 tall wooden u ead. a proposed bulkhead would be 389' long and 7.5' in height aass�n�from the surface of the substrate. The proposed vinyl bulkhead would be up to 13ywaterward of e existing wooden bulkhead in order to provide sound shoreline stabilization. Approximately 50 square �S fa feet of rip rap is proposed on the exposed western terminus of the vinyl bulkhead to protect this comer from being undermined by heavy wave action. The east end of the proposed vinyl bulkhead will tie . back into the property boundary and the existing adjacent bulkhead. Brad Connell November 18, 2016 MIN Morehead CityI Field Investigation Report: Ocean Club Assoc Pace 3 Anticipated Impacts: The proposal will not pose a hazard to navigation. The proposed bulkhead will extend 7' waterward into this section of Bogue Sound. The proposed bulkhead will impact 450 square feet of shallow bottom habitat, 945 square feet of Coastal Wetlands, and 5,835 square feet of high ground. Traditional marine construction methodology will be utilized during the construction of this private shoreline stabilization project. Minimal temporary turbidity impacts are anticipated during construction. There is not a cultural resource in the nearby vicinity of the project area. These waters of Bogue Sound are not classified as a Primary Nursery Area and the presence of submerged aquatic vegetation was not observed in the immediate vicinity of the project area. This area is open to shellfish harvest and is classified as Outstanding Resource Waters. There is not a defined Federal Channel near the project area. Brad Connell November 18, 2016 Morehead City _ . ***This is a word processing form to be completed in Microsoft Word*** NC Division of Coastal Management Major Permit Application Computer Sheet (11/1/2012) Applicant: Ocean Club Master Association Inc Date: 11/18/2016 Project Site County: Carteret Staff: Brad Connell District: ❑Elizabeth City ❑Washington ®Morehead City ❑Wilmington Project Name: Ocean Club bulkhead Date of initial application submittal (EX: 1/8/2007): 10/31/2016 Date application "received as complete" in the Field office (EX: 1/8/2007): 11/412016 Permit Authorization: ❑CAMA ❑Dredge & Fill ®Both SITE DESCRIPTIONIPERMIT INFORMATION PNA; ❑Yes ®No Photos Taken: Yes® No❑ Setback Required (riparian): ❑Yes ® No Critical Habitat: ❑Yes ❑No ®Not Sure 15 foot waiver obtained: ❑Yes ®No Hazard Notification Returned: []Yes ®No SAV: []Yes ®No []Not Sure Shell Bottom: ®Yes []No ❑ Not Sure Temporary Impacts: ®Yes [-]No Sandbags: ❑Yes ®No ❑ Not Sure Did the land use classification come from county LUP: ®Yes []No Mitigation Required (optional): ❑Yes ®No Moratorium Conditions: ❑Yes ®No ❑NA Environmental Assessment Done: ❑Yes ❑No ® NA SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) WETLANDSIMPACTED ❑ (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort ( Salicornia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) ® (SA) Salt marsh cordgrass (Spartina ❑ (SY) Salt reed grass (Spartina alterniflora) cynosuroides) ❑ (DS) Salt or spike grass (Distichlis (SC) Bullrush or three square (Scirpus ❑ (TY) Cattail (Typha sp.) spicata) sp.) ❑ (JR) Black needlerush (Juncus ❑ (SP) Salt/meadow grass (Spartina roemerianus) patens) APPLICATION FEE ❑ No fee required - $0.00 ❑ III(A) Private w/ D&F up to 1 acre; 3490 ❑ III(D) Priv. public or comm w/ D&F to 1 can be applied - $250 acre; 3490 can't be applied - $400 ❑ Minor Modification to a CAMA Major Major Modification to a CAMA Major ❑ IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 ❑ Permit Transfer - $100 ❑ III(B) Public or commercial w/ D&F to 1 ❑ Express Permit - $2000 acre; 3490 can be applied - $400 ❑ Major development extension request - ❑ U. Public or commercial/no dredge- $100 and/or fill - $400 ❑ I. Private no dredge and/or fill - $250 ® III(C) Priv. public or comm w /D&F to 1 acre; 3490 can be applied; DCM needs DWO agreement - $400 252-808.2808 :: 1.888.4RCOAST :: www.nccoastalmananement.net revised: 02/15/10 NC`Division of Coastal Mgt. Application Computer Sheet, Page 2 of 3) Applicant: Ocean Club Date: 11/18116 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. Activity Name Number TYPE Choose One REPLACE Choose One Dimension 1 Dimension 2 Dimension 3 Dimension 4 Vinyl Bulkhead 1 New Work ® Maint ❑ Replace ®Y ❑ N 389' 1' 7.5' revised 02/15/10 NC,DiviCion of Coastal Mgt. Application Computer Sheet, Page 3 of 3) Applicant: Ocean Club Date: 11/18/16 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 Shallow Bottom Dredge ❑ Fill ® Both ❑ Other ❑ 450 1t2 450 ft2 High Ground Dredge El Fill El Both ® Other ❑ 5,835 ft2 5,835 ft2 Coastal Wetlands Dredge ❑ Fill ® Both ❑ Other ❑ 945 ft2 945 ft2 Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ 252-808-2808 :: 1.888-4RCOAST :: w .nccoastalmananement.net revised: 02115/10 �pIT pp x. eRegulatory Division DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 May 2, 2017 Action ID No. SAW-2003-00886 and State Permit No. 127-16 Ms. Betty Johnsey Ocean Club, LLC. Post Office Box 4455 Emerald Isle, North Carolina 28594 Dear Ms. Johnsey: Reference your application for a Department of the Army permit to reconfigure an existing docking facility and the offshore sill as proposed in plans submitted on January 17, 2017 at the Ocean Club, at 1700 Salter Path Road, in Indian Beach, Carteret County, North Carolina. This permit corrects and supersedes the permit issued on April 26, 2017. Your proposal has been reviewed and found to be consistent with the provisions and objectives of the CAMA-Corps Programmatic Permit process (copy attached) for construction activities that receive authorization from the State of North Carolina. Therefore, you may commence construction activity in strict accordance with applicable State authorization, attached Federal special conditions, Guidelines for Avoiding Impacts to the West Indian Manatee, and the approved plan. Failure to comply with the State authorization or conditions of the Federal permit could result in civil and/or administrative penalties. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Your Department of the Army permit will expire on December 31, 2021. Questions or comments may be addressed to Ms. Liz Hair, Wilmington Field Office, Regulatory Branch, telephone 910-251-4049. Sincerely, Liz Hair, Project Manager Wilmington Regulatory Field Office -2- Enclosures: GP 291 conditions Manatee Guidelines Plans Copies Furnished (with enclosures): Mr. Gary Greene Gary Greene Engineers Post Office Box 9921 Raleigh, North Carolina 27624 Copies Furnished (without enclosures): Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Todd Allen Bowers US EPA Region 4 Life Scientist Water Protection Division 61 Forsyth Street, SW Atlanta, Georgia 30303-8960 BOSN3 Mr. Scott McAloon United States Coast Guard Sector North Carolina Waterways Management 2301 East Fort Macon Road Atlantic Beach, North Carolina 28512 Electronic Copy Furnished (without enclosures): NOAA/NMFS; Dr. Ken Riley NOAA/NMFS; Dr. Pace Wilber NCDEQ/DCM; Mr. Doug Huggett NCDEQ/DCM; Mr. Ryan Davenport NCDEQ/DCM; Mr. Gregg Bodner NCDEQ/DWR; Mr. Robb Mairs NCDEQ/DWR; Ms. Karen Higgins Energy, Mineral & Land Resources ENVIRONMENTAL QUALITY April 13, 2017 Betty Johnsey, Board President The Ocean Club Master Association 1700 Salter Path Road Indian Beach, NC 28575 Subject: EXEMPTION Stormwater Project No. SW8161119 The Ocean Club Bulkhead Replacement Cartaret County Dear Ms. Johnsey: ROY COOPER Governor MICHAEL S. REGAN Secretary TRACY DAVIS Director On November 29, 2016, the Wilmington Regional Office of the Division of Energy, Mineral, and Land Resources received a copy of the CAMA Major Permit Application for the subject project. Staff review of the plans and specifications on December 2, 2016 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 21-1.1000, the stormwater rules. By copy of this letter, we are informing you that this project will not require a stormwater management permit. If the subject project disturbs one acre or more and has a point source discharge of stormwater runoff, then it is also subject to the National Pollutant Discharge Elimination System (NPDES) stormwater discharge requirements. You are required to have an NPDES permit for stormwater discharge from projects meeting these criteria. All temporary built -upon area associated with the construction of the project must be removed within 30 days of completion of the project, or when it is no longer needed, whichever occurs first. If you have any questions or need additional information concerning this matter please contact Georgette Scott at (910) 796-7215, or via e-mail at georgette.scott@ncdenr.gov. Z . Davis, P.E., Director Division of Energy, Mineral, and Land Resources GDS/gds: 111StormwaterlPermits & Projects12016 \161119 Exempfion12017 04 permit 161119 cc: Gary Greene Engineers Carteret County Building Inspections DCM Morehead City RECEIVED Wilmington Regional Office Stormwater File APR 2 5 2017 DCM- MHD CITY Stain of North Carolina 1 Environmental Quality I Energy. Mineral and Land Resources Wilntington Regional pfftce 1127 Caafinal Drive Extmsion I Wilmington, NC 28405 910 7967215 k':li.'S w x.) J...I L N.C. Division of Coastal Management 400 Commerce Avenue Morehead City, N.C. 28557 SPtE? POST vie` 5 &� 0 2A i / ���.� PITNEY BOWER 021 P $ 000.460 0000870166 JAN 272017 MAILED FROM ZIP CODE 28594 —��sFaoss rrrrllrrlrr�lnrnh�,�ruri��rlrrrlll�rrrrn��rlr�iA�uhrn Please use this card to schedule a pre -construction conference immed1ately BEFORE you begin work on your permitted project. \�C/�\\� The pre -construction meeting will give you the opportunity to discuss permit cbntlitions, construction techniques and any questions you may have with a Coastal Management representative. This will enable you to proceed with your project as quickly and smoothly as possible. When you are ready to begin construction, fill out his card and mail it to the Division of Coastal Maaagowent at 11w address on the reverse side of this card. Thank You. Permit Number_ 1.12n ^ I-O Expiration Date: 1,4244 (1 Issued to: oA &�VE® Contact Person: - (ii qua 3� 2017 Telephone Number: Z 5'Z- - 2 u 1 -10') Project Starting Date: 3 I 1O l /s •r RECE1VED DEC 12 2016 DCM- MHC CITY The Ocean Club Master Assoc., Inc c/o Betty.lohnsey 1700 Salter Path Rd. Indian Beach, N.C. 28575 A NIXIE 295752218-1N 12/08/16 RETURN TO BENDER UNABLE TO FORWARD UNABLE TO FORWARD RETURN TO GENDER IIL�fI,hiIIJ��ILiLIJlJ�LIII�,d11��116dII�iALI�Ii�Lildfiil NEOPOST FIRsT_, 11/23/ 4)L)U