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HomeMy WebLinkAbout110-22 NCDNCRPermit Class NEW STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission 1permit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Permit Number 110-22 Issued to NC Department of Natural & Cultural Resources, 4605 Mail Service Center, Raleigh, NC 27699 Authorizing development in New Hanover County at adj. to the Atlantic Ocean at 1610 Fort Fisher Blvd. South in Kure Beach , as requested in the permittee's application dated 10/26/21 (MP-1, MP-3, MP-4) and AEC hazard notice dated 10/7/22, including work .plan drawings (8) Sheets 1-8 of 8 dated 5/10/22. This permit, issued on October 11, 2022 , 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. Upland Development 1) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities associated with the development of the above referenced property, including the visitor center, earthworks restoration, expanded parking lot, and new underwater archeology building, all as expressly and specifically set forth in the attached permit application and workplan drawings. 2) No development or land disturbing activity that is considered non -water dependent shall occur within 30 feet of the normal high-water level unless altered herein. Any other work or development proposed in an Area of Environmental Concern (AEC), including but not limited to the Coastal and Estuarine Shoreline AECs and located within the applicant's property, shall require a review and authorization from the Division of Coastal Management prior to work commencing. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on October 11, 2027 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chair of the Coastal Resources Commission. For Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee NC Department of Natural and Cultural Resources Permit No. 110-22 Page 2 of 3 ADDITIONAL CONDITIONS Vegetation Line 3) In the case of a major shoreline change, a new setback determination shall be required before construction begins. 4) In order to ensure compliance with the conditions of this Permit, the permittee and his contractor shall schedule a pre -construction conference with the Division of Coastal Management prior to the initiation of any mobilization activities. Department of Natural and Cultural Resources 5) Prior to the initiation of any land -disturbing activities authorized by this permit, the permittee shall, in coordination with the N.C. Department of Cultural Resources (NCDCR), develop and implement an archaeological survey of the proposed project area. Initiation of permitted land -disturbing activities shall not begin until written approval is obtained from NCDCR, and a copy of such approval has been submitted to the Division of Coastal Management. NOTE: The project site is located in an area having a high probability of containing cultural resources. If such materials are encountered, the permittee shall immediately stop work and notify the District Engineer, Wilmington Branch, U.S. Army Corps of Engineers at (910) 251-4629, and the N.C. Division of Coastal Management at (252) 264-3901. Sedimentation and Erosion Control NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must be filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this plan to the Division of Energy, Mineral and Land Resources, Land Quality Section, 127 Cardinal Drive Extension, Wilmington, NC 28405. 6) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 7) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses or properties. General 8) 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. 9) All construction debris associated with the removal or construction of the permitted development shall be contained within the authorized project area and disposed of in an approved upland location. 10) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. Permit Class NEW STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vern't for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Permit Number 110-22 Issued to NC Department of Natural & Cultural Resources, 4605 Mail Service Center, Raleigh, NC 27699 Authorizing development in New Hanover County at adj. to the Atlantic Ocean at 1610 Fort Fisher Blvd. South in Kure Beach , as requested in the permittee's application dated 10/26/21 (MP-1, MP-3, MP-4) and AEC hazard notice dated 10/7/22,including work plan drawings (8) Sheets 1-8 of 8 dated 5/10/22. This permit, issued on October 11, 2022 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation A these terms may be subject to tines, imprisonment or civil action; or may cause the permit to be null and void. Upland Development 1) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities associated with the development of the above referenced property, including the visitor center, earthworks restoration, expanded parking lot, and new underwater archeology building, all as expressly and specifically set forth in the attached permit application and workplan drawings. 2) No development or land disturbing activity that is considered non -water dependent shall occur within 30 feet of the normal high-water level unless altered herein. Any other work or development proposed in an Area of Environmental Concern (AEC), including but not limited to the Coastal and Estuarine Shoreline AECs and located within the applicant's property, shall require a review and authorization from the Division of Coastal Management prior to work commencing. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date, This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on October 11, 2027 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chair of the Coastal Resources Commission. For Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee NC Department of Natural and Cultural Resources Permit No. 110-22 Page 2 of 3 ADDITIONAL CONDITIONS Vegetation Line 3) In the case of a major shoreline change, a new setback determination shall be required before construction begins. 4) In order to ensure compliance with the conditions of this Permit, the permittee and his contractor shall schedule a pre -construction conference with the Division of Coastal Management prior to the initiation of any mobilization activities. Department of Natural and Cultural Resources 5) Prior to the initiation of any land -disturbing activities authorized by this permit, the permittee shall, in coordination with the N.C. Department of Cultural Resources (NCDCR), develop and implement an archaeological survey of the proposed project area. Initiation of permitted land -disturbing activities shall not begin until written approval is obtained from NCDCR, and a copy of such approval has been submitted to the Division of Coastal Management. NOTE: The project site is located in an area having a high probability of containing cultural resources. If such materials are encountered, the permittee shall immediately stop work and notify the District Engineer, Wilmington Branch, U.S. Army Corps of Engineers at (910) 251-4629, and the N.C. Division of Coastal Management at (252) 264-3901. Sedimentation and Erosion Control NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must be filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this plan to the Division of Energy, Mineral and Land Resources, Land Quality Section, 127 Cardinal Drive Extension, Wilmington, NC 28405. 6) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 7) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses or properties. General 8) 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. 9) All construction debris associated with the removal or construction of the permitted development shall be contained within the authorized project area and disposed of in an approved upland location. 10) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NC Department of Natural and Cultural Resources Permit No. 110-22 Page 3 of 3 ADDITIONAL CONDITIONS NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required, including but not limited to any authorizations required from the U.S. Army Corps of Engineers. NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4501 and assigned the project DWR Project No. 1993-30366v2. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the mean high-water level. NOTE: An application processing fee of $400 was received by DCM for this project. DCM Coordinator: L .,jj_ Permit #: 11O — Z a MAILING DISTRIBUTION SHEET Permittee: NCDMe- 990 (Ma,► Sasce ComJ4­, 41e,�Lk 1,lUl. 2;r69i Agents: ( I W keDer DCM Field Offices Elizabeth City Washington (with revised work plan drawings) Morehead City Wilmington 'P-r- (OBJECTIONS ) US ACOE Offices: "O_ Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Wilmington: Greg Curry (Brunswick, New Hanover) Liz Hair (Carteret, Onslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Resources: Renee Gledhill -Earley at Environmental. Review@ncdcr.gov Public Water Supply: Heidi Cox (WIRO) Clif Whitfield (WARO) Marine Fisheries: Kim Harding Jimmy Harrison NC DOT: David Harris Shellfish Sanitation: Shannon Jenkins / Sharon Gupton State Property: Tim Walton / Mike Moser DEMLR/DWR: Sheri Montalvo / Shelton Sullivan Washington: Chris Pullinger-401 TBD - 401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Holley Snider-401 (Pender, Brunswick, New Hanover) « John Perry — 401 (Onslow, Carteret) Christine Hall - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: Maria Dunn (WARD) (NCDOT) Travis Wilson Natural Heritage Program Rodney Butler LPO: DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: NC Dept of Natural & Cultural Resources COUNTY: New Hanover PROJECT NAME: Visitor Center & Underwater Archaeology Building at Ft. Fisher Historic Site LOCATION OF PROJECT: 1610 Fort Fisher Blvd S, adJ to Atlantic Ocean, in Kure Beach DATE APPLICATION RECEIVED COMPLETE BY FIELD: 6-1-22 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: N/A FIELD REPRESENTATIVE: Hall DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: APPLICATION ASSIGNED TO: Luck PUBLIC NOTICE REC'D: 6-15-22 ADJ. RIP. PROP NOTICES REC'D: C) 75 DAY DEADLINE: 8-15-22 MAIL OUT DATE: 6-10-22 PERMIT FINAL ACTION: ISSUE DENY DISTRICT OFFICE: WILMINGTON FEE REC'D: $400 (no spliQ432969 RECEIVED END OF NOTICE DATE: 7-6-22 DEED REC'D: Yes JUN 13 2022 150 DAY DEADLINE: D(CM-MHD CITY STATE DUE DATE: 7-6-22 AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES DCM - Field Rep -�- DCM — LUP Consistency Determination Local Permit Officer Corps of Engineers — Regulatory Branch DWR-401 Section 5o)PA3.10V8 V2 DWR— Public Water Supply �' %O DEMLR—Stormwater 1015 is u,L 5,w% Jc rcvo DEMLR — Sed and Erosion W 15 X j&\t- Se4 FIC9�s- 6 i DOA — State Property Office 7 I x rovINAMAJ Wildlife Resources Commission Qj v� DMF — Shellfish Section 5 CoVVx DMF — Habitat & Enhancement Vkp �— DNCR — Archives & History DNCR — Natural Heritage Program NCDOT NC Dept of Commerce V q .V VVIY VV. V/LLILVLL istoric Preservation Office ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director June 10, 2022 NORTH CAROLINA Environmental Qualit y GS 19-2870 FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.luck(a)NCDE N R. oov SUBJECT: CAMAID&F Applicant: NC Department of Cultural & Natural Resources Due: 6/30/2022 Project Location: 1610 Fort Fisher Blvd.S., adj. to the Atlantic Ocean, in Kure Beach, New Hanover County Proposed Project: The applicant proposes the restoration of the existing earthwork fortifications, to construct a new visitor center with an expanded parking lot, and to construct a new underwater archeology building. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by July 6, 2022. If you have any questions regarding the proposed project, contact Bryan Hall at (910) 796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** This agency has no comment on the proposed project. X 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. PRINT NAME Renee Gledhill -Earley AGENCY NC State Historic Preservation Office SIGNATURE "Lu� DATE 08/15/2022 wm�mm�/monw.mmwmwm� North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 Governor Roy Cooper Secretary D. Reid Wilson August 15, 2022 MEMORANDUM TO: FROM: SUBJECT: Cameron Luck Division of Coastal Management Department of Environmental Quality North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Banos, Administrator Office of Archives and History Deputy Secretary, Dann J. Waters, Ph.D. Cameron.luck@ncdenr.gov Ramona Bartos Construct Visitors Center & Underwater Archaeology Building, Fort Fisher Historic Site, New Hanover County, GS 19-2870 Thank you for your email of June 10, 2022, transmitting the CAMA application for the above -referenced project. We apologize for the delay in our response and any inconvenience it may have caused. The project area is situated within the National Register -listed Fort Fisher State Historic Site (31NH7), as well as a historic runway comprising part of the Camp Davis Anti -Aircraft Artillery Training Center. The historic property exhibits archaeological features that are intact and well preserved, and portions of the site retain the potential for further research, which was confirmed by a survey conducted in 2020 by Commonwealth Heritage Group. We find that the proposed undertaking will generally have no adverse effect on the historic district and/or archaeological sites eligible for the National Register of Historic Places provided an experienced archaeologist, who meets the Secretary of the Interior Professional Qualifications Standards, develops and implements a monitoring plan for the proposed Visitors Center and underwater archaeology building. The purpose of the monitoring activities will be to identify, document, and sample any intact cultural features exposed during ground disturbing activities in the project area. The monitoring plan should be developed in consultation with our office and the Office of State Archaeology. You can find the Review Archaeologist for your region at https://archacoloizv.ncdcr.izov/about/contact. A list of archaeological consultants, who have conducted or expressed an interest in contract work in North Carolina, is available at https://archaeology.ncdcr.gov/archaeological-consultant-list. The archaeologists listed, or any other experienced historical archaeologist, may be contacted to conduct the recommended monitoring. In addition to the monitoring work, we strongly recommend the installation of tree protection fencing and signage to include the roots as well as the upper portions of any trees in the construction area. Location: 109 bast Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 276994617 Telephone/Pax: (919) 8146570/814-6898 GS 19.2870, August 15, Page 2 of 2 We note that detailed plans for work at the 7th, 8th, and 9th mounds of the earthworks were included in this submission. Based on archaeological investigation conducted by Commonwealth Heritage Group, this area of the overall project exhibits archaeological features that are intact, well-preserved, retain integrity and have a high potential for further research. Additional archaeological investigations are recommended in this area prior to any ground disturbing activities, as well as archaeological monitoring during reconstruction. We recommend that in lieu of concrete walks, the use of a soil consolidant such as M10+50 by Enviroseal (https://www.enviroseal.com/products/m10-50/) be incorporated into the features proposed. This product consolidates native soil to create accessible walkways and lessens the visual impact while remaining durable and versatile. For additional information contact Enviroseal representative Andy Stevens at (772) 335-8225. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579 or environmental.reviewna.ncdcr.eov. In all future communication concerning this project, please cite the above referenced tracking number. Location: 109 Bast Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Se,ice (:enter, Raleigh NC 27699-4617 Telephone/Fax: (919) 814-6570/814-6898 DCM Coordinator: Cameron Luck County: N 41 Circle on • Bio Rep / Permit or Oversize Plans sent: Permit #: -r)ft ((-+, rli'e-,y,Cv) DCM Offices: mQi 1 Morehead City: PT (if oversize) via er / 'cc Cam & Amanda on group email w/ b�iona pp.drawings, deed, comment sheet 'MHC documents (Cam & Amanda) Wilmington: Original hard -copy ONLY USACE & DWR (mro): Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization USACE Wilmington:-toHaii--(I r & Carteret Cc): PN, CL, Reports, Split Sheet _ use both �W)ImingtonNCREG@usace.army.mil (NH/BR): PN, CL, Reports, Split Sheet eg Currey (NH/BR: PN, CL, Reports, Split Sheet Div of Water Resources: �lley Snider - 401 (BR/NH): PN, CL, Reports, Split Sheet `/�401 (PN/ON - Surf City): PN, CL, Reports, Split Sheet_ Div of Water Resources: heri Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet _ S Marine Fisheries: lKim Harding _ DCM Planner/WIRO: ,like Christenbury Cultural Resources: Aenee Gledhill -Earley Environmental Reviewncdonr.gov_ Natural Heritage Prog. Rodney Butler _ DCA-Rural Eco. Dev: „Pofark Ziegler NC DOT: avid Harris Wildlife Resources: vMffaaria Dunn w/Reports State Property Office: i}'m Walton: DEED . e Moser anda Hilliard, Real Property Agent (Blo Reports only) Shellfish Sanitation: f e emy Humphrey (Bio) / _ 9iaron Gupton, Admin. DEMLR: Christine Hall - Stormwater Section _ � �C' a an Sams - Land Quality Section ^ A Public Water Supply: Zidi Cox City of Wilmington: hursten _ Enforcement: 11 II Field Rep: I�V� atn 11 AI K� _Co. LPO ft)1n✓� It DECEIVED Agent: JUN 13 2022 4 v DISTRIBUTED: DCM-MHD CITY 0 ZZ Updated 2/2&22 CAMA/Shaun majors docs/e'Agency List Recommendations for State Permit —NC Department of Natural and Cultural Resources 6/8/2022 It is the staff s recommendation that the construction of the proposed structures is CONSISTENT with the Rules of 15 NCAC 07H.0306 Use Standards for Ocean Hazard Areas. The proposed parking lot is CONSISTENT with 15 NCAC 07H.0306 (a)(5)(j) which states "Parking lots greater than or equal to 5, 000 square feet require a setback of 120feet or 60 times the shoreline erosion rate in place at the time ofpermit issuance, whichever is greater. " Provided the proposed work is consistent with all other local, state, and federal permitting requirements, and resource agencies do not have any concerns regarding significant adverse impacts resulting from the proposed project, this office has no objections to the issuance of a permit. RECEIVED JUN 13 2022 DCM-MHD CITY Luck, Cameron A From: Sams, Dan Sent: Wednesday, October 5, 2022 1:30 PM To: Luck, Cameron A Subject: FW: CAMA Major Application: NC Department of Natural and Cultural Resources Attachments: NCDNCR.bio.narrative.application.deed.pdf, NCDNCR Fort Fisher Plan Set 220510.pdf, NCDNCR.CommentSheet.docx Cameron: This project will require Erosion and Sediment Control and Stormwater Program submissions and reviews, given the size and scope of the proposed site improvements. Thank you, Daniel Sams, PE Wilmington Regional Engineer North Carolina Department of Environmental Quality Division of Energy, Mineral and Land Resources 910 796 7215 office 910 796 7373 direct (please note extension change) dan.sams0ricdenr.aov D5, w EQ; rr....�,..�a.a.. 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Email correspondence to and from this address is subject to the North Carolina Public Records law and may be disclosed to third parties. From: Luck, Cameron A <Cameron.Luck@ncdenr.Rov> Sent: Wednesday, October 5, 2022 11:45 AM To: Johnson, Kelly <kellv.o.!ohnson@ncdenr.eov> Subject: FW: CAMA Major Application: NC Department of Natural and Cultural Resources Hi Kelly, Did Stormwater have any comments regarding this project? Thanks! Cameron Luck Assistant Major Permits Coordinator North Carolina Division of Coastal Management MEMORANDUM To: Cam Luck From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, NC Dept. Natural and Cultural Resources, Kure Beach, New Hanover County Date: September 28, 2022 This project is consistent and not in conflict with the Town of Kure Beach Land Use Plan. The applicant proposes the restoration of the existing earthwork fortifications, to construct a new visitors center with an expanded parking lot, and to construct a new underwater archeology building. The project is located at the Fort Fisher Historical Site in Kure Beach, New Hanover County. Areas of Environmental Concern (AEC's) impacted by the proposal are OH. Waters at the project site are classified as SB and are open to the harvesting of shellfish. The area is not a Primary Nursery Area. I have reviewed this proposal for consistency with the Kure Beach Land Use Plan and offer the following comments. The general area of the project is classified as Conservation In general, the Kure Beach Land Use Plan allows development in Conservation classified AECs, which is consistent with the State's minimum use standards. The Kure Beach Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these standards appear to be applicable to this proposal. This project appears to be consistent with the Town of Kure Beach Land Use Plan. Cc: File ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director August 17, 2022 MEMORANDUM NORTH CAROLINA Environmental Quality FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron. luck(a)NCDENR.gov SUBJECT: CAMA ID & F Applicant: NC Department of Natural & Cultural Resources UUS NC Battleship — Living with Water Project Project Location: The USS North Carolina Battleship Memorial facility, on the west bank of the Cape Fear River, Eagle Island, Wilmington, New Hanover County Proposed Project: The applicant proposes to remove, elevate and repave portions of an existing impervious parking area, install a new 55 space parking area, remove hardened shoreline along the basin, grade and plant natural shoreline, enhance 0.74 acres of existing wetland habitat and 1.3 acres of Coastal Wetland/intertidal wetland and install stormwater swale, create two (2) pedestrian bridges, install two (2) culverts, a vehicular access and install 330 linear ft. wooden boardwalk. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by September 11, 2022. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7266 when appropriate, in-depth comments with supporting data is requested. REPLY: X This agency has no objection to the project as proposed. **Additional comments may be attached** This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. . PRINT NAME Mark Brown AGENCY Public Water Supply SIGNATURE DATE 8/18/22 North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director August 17, 2022 MEMORANDUM NORTH CAROLINA Environmental Quality FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron luck(a)NCDENR.gov SUBJECT: CAMA /D & F Applicant: NC Department of Natural & Cultural Resources UUS NC Battleship — Living with Water Project Project Location: The USS North Carolina Battleship Memorial facility, on the west bank of the Cape Fear River, Eagle Island, Wilmington, New Hanover County Proposed Project: The applicant proposes to remove, elevate and repave portions of an existing impervious parking area, install a new 55 space parking area, remove hardened shoreline along the basin, grade and plant natural shoreline, enhance 0.74 acres of existing wetland habitat and 1.3 acres of Coastal Wetland/intertidal wetland and install stormwater swale, create two (2) pedestrian bridges, install two (2) culverts, a vehicular access and install 330 linear ft. wooden boardwalk. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by September 11, 2022. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7266 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" X_ 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. PRINT NAME Shannon Jenkins AGENCY NC DMF - Shellfish Sanitation/Recreational Water Quality SIGNATURE Ar-Ad for Shannon Jenkins DATE 08/18/2022 North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension 1, Wilmington. North Carolina 28405 910.798.7215 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director June 10, 2022 MEMORANDUM NORTH CAROLINA Environmental Quality FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.luckrGDNCDEN R.gov SUBJECT: CAMA ID & F Applicant: NC Department of Cultural & Natural Resources Project Location: 1610 Fort FisherBlvd.S., adj. to the Atlantic Ocean, in Kure Beach, New Hanover County Proposed Project: The applicant proposes the restoration of the existing earthwork fortifications, to construct a new visitor center with an expanded parking lot, and to construct a new underwater archeology building. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by July 6, 2022. If you have any questions regarding the proposed project, contact Bryan Hall at (910) 796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" X 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. PRINT NAME Kimberlee Harding AGENCY NCDMF SIGNATURE /ltlyt6oit�¢0 J'�j DATE 06/30/2022 RECEIVE® UP SIECT(Oft, ow �( North Carolina Department of Environmental Quality I Division of Coastal MattagemeAm Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28403 wxm�u9ouxn O' 910.796.7215 A % Air )AR �6 7 1 Out, k M. .44 ": t. k�j -Sf at` �,Rj VA, S, ml I'M . lI, q 41 -AI 11 1 z ZIP- JuftT,,I,u 4622IO I' 'S'T �, I jl jj�% -LEI jqr�,- % Xt - 7- -------- 7" , 74 i knV q '0 111 Wl� dyy"'T" ;W, FAIDliII *0" kAW906f w "fflOodr nattir "Ir 1� j ELI r IM bO'iFad 1 $57 r 1 T'2 J',� pa ronju 4iI C 24 f%j 'I., Q T OR! iij L# e Int: —CGs IC i . "ZO, Fort 919hoir BIJ4,45cu-j'a tllo.,Allantjqll (ODC in Kure e 'A' �Pupty K MI IIV 4Y "Jjrtj�"4 - e 'applicbht or opOsesIthe restoratlicin of th )OX'is in earthwork neV-vislior p nterv'a'I new .vIthwqh--,exp.@pd0,lp r in o n r j.Athj6t;k� l�" . W T .."t _ , I � % 4� l fib' 511 pelow yog agency. qj"111,01 I, w 'u, w 611KIVY.1 1. Ll lrd-p 1� 1 .1 , 2SL likk I return IhWfarm Mcam X Alfleliddrbss I Wul 2 if it Cameron kil el 'B 11 atj 9. r7 regOrd,lb - - ---------- Mh su 16 �data Islequgsliea JR ThjSrj4j"' fi� It projogiag: PIUPobdCr..! ncy,� ftn Lo gectioptr 'M '11h 1! ,�,PLY "A d d 1 t 1 qlne I z�; A Mmants-msiyIpp ttitichedt'1172, r X This agefii:YNWpp Comme "plect egreqCV#Rjj5VeSr 6f the If_ ThIS onl r omrnb'hd6&6hi6be6 are:1pcorI ee attai ILI . attached 'Thi 3gen�j?', &S to �6bt tW7 -O�i ncribed'inahi t li cot men s.:%,, A 1� x C 110I �Slate Prob6ijv fjffje 2r P� mum u 16.2 " �j CA MA 0 NO f .,0 ie�yp a�pve 2 % Noeibcarolwal)*a. mereofEwronmenb 1V1*71piri office 11 1r *al r)AvI ROY COOPER Governor ELIZABETH S. BISER 5ecremry BRAXTON DAVIS DBrrtor NORTH CAROLINA Environmental Quality June 10, 2022 <,2.z.c�Co.13• E>� MEMORANDUM: FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) ca meron.lu ckoNC DEN R.o ov SUBJECT: CAMA /D & F Applicant: NC Department of Cultural & Natural Resources Project Location: 1610 Fort Fisher Blvd.S., adj. to the Atlantic Ocean, in Kure Beach, New Hanover County Proposed Project: The applicant proposes the restoration of the existing earthwork fortifications, to construct a new visitor center with an expanded parking lot, and to construct a new underwater archeology building. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by July 6, 2022. If you have any questions regarding the proposed project, contact Bryan Hall at (910) 796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached°° This agency has no comment on the proposed project. This agency approves of the project only If the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME NIAa%1n 1.`i�innn AGENCY NiZC SIGNATURE ��I�—, DATE �Z7 "w Iwnn��d'v�nw North Carolina Department of Environmental quality I Division of Coastal ManagnnFlit Wilmington Office 1127 Cardinal Drive Extension I Wilmington. Noah Carolina 28405 910.796.7215 ROY COOPER Governor ELIZABETH S. BISER Secretary S. DANIEL SMITH Director DATE: July 22, 2022 FROM: Holley Snider ff1E NCDEQ-Division Water Resources 401 Buffer Permitting Branch NORTH CAROLINA Environmental Quality SUBJECT: DWR #19930366v2 No Written Approval Required PROJECT LOCATION: Fort Fisher State Historic Site, New Hanover County PROPOSED PROJECT: Restoration of existing earthwork fortifications, construction of a new visitor center, parking lot expansion and construction of new underwater archeology building. The Division of Water Resources (DWR) has received a copy of your CAMA Major permit application request completed on June 1, 2022 and received by this office on June 10, 2022. The waters of the Atlantic Ocean are classified as SB by the Division of Water Resources (DWR). In accordance with the attached General Certification #4501(GC 4501), the impacts associated with the impacts as described in your application do not require written authorization to utilize GC 4501. However, you are required to follow the conditions listed in the attached certification. You should also obtain and comply with any other federal, state and local requirements including (but not limited to erosion and sedimentation control regulations and state stormwater requirements) before you proceed with your project. This concurrence is specific to the impacts depicted in your LAMA Major application and supporting materials. If you change your project, you must notify this office and may be required to obtain a new certification. This concurrence shall expire upon expiration of the 404 or CAMA Permit. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form maybe obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. RECEIVED JUL 2 6 ZOZZ NIP SECTION OOM NMHD CITY North Carolina Department of Environmental Quality I Division of Water Resources Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405 ruemcaauNn orn.m�m moa.�wmwm 910.796.7215 DocuSign Envelope ID: 7ABBF9AE-0944-472F-9939-465216A3F5A9 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES WATER QUALITY GENERAL CERTIFICATION NO.4501 GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR US ARMY CORPS OF ENGINEERS PROGRAMMATIC GENERAL PERMIT NUMBER 198000291 INC COASTAL AREA MANAGEMENT ACT) Water Quality General Certification Number 4501 is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Regulations in 15A NCAC 02H .0500 and 15A NCAC 02B .0200 for the discharge of fill material to surface waters and wetland areas as described in the US Army Corps of Engineers Wilmington District's Programmatic General Permit 198000291. The State of North Carolina certifies that the specified category of activity will comply with water quality requirements and applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217 if conducted in accordance with the conditions hereinafter set forth. for Effective date: January 3, 2022 Signed this day: October 28, 2021 M ooeuSlgnee by: E gP°�`� . S. Daniel Smith Director RECEIVED JUL 262022 MP SECTION DCM MHD CITY ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director June 10, 2022 MEMORANDUM NORTH CAROLINA Environmental Quality FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.luck(oNC D EN R.g_o_v SUBJECT: CAMAI D & F Applicant: NC Department of Cultural & Natural Resources Project Location: 1610 Fort Fisher Blvd. S., adj. to the Atlantic Ocean, in Kure Beach, New Hanover County Proposed Project: The applicant proposes the restoration of the existing earthwork fortifications, to construct a new visitor center with an expanded parking lot, and to construct a new underwater archeology building. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by July 6, 2022. If you have any questions regarding the proposed project, contact Bryan Hall at (910) 796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. _ This agency objects to the project for reasons described in the attached /In comments. PRINT NAME AGENCY N C of SIGNATURE A ✓ . Z I ¢ V, DATE 6 ry1 /ZZ North Carolina Department of Environmental QualitY I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 u,paenm, rRm®wa.eur� 910.796.7215 ROY COOPER Governor ELIZABETH S. BISER Secretory BRAXTON DAVIS Director June 10, 2022 MEMORANDUM NORTH CAROLINA Environmental Quality FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.luck()NCDEN R.gov SUBJECT: CAMA /D & F Applicant: NC Department of Cultural & Natural Resources Project Location: 1610 Fort Fisher Blvd.S., adj. to the Atlantic Ocean, in Kure Beach, New Hanover County Proposed Project: The applicant proposes the restoration of the existing earthwork fortifications, to construct a new visitor center with an expanded parking lot, and to construct a new underwater archeology building. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by July 6, 2022. If you have any questions regarding the proposed project, contact Bryan Hall at (910) 796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached" X 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. PRINT NAME Shannon Jenkins AGENCY NC DMF - Shellfish Sanitation/Recreational Water Quality SIGNATURE KeP�� for Shannon Jenkins DATE v,xmcumc. D � � 4 06/13/2022 RECEIVED JUN 202011 North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 AEC HAZARD NOTICE Project Is In An: x Ocean Erodible Area High Hazard Flood Area Inlet Hazard Area Property Owner: North Carolina Department of Natural & Cultural Resources Property Address: 1610 Fort Fisher Blvd S, Kure Beach, NC 28449 Date Lot Was Platted:. 1960.1961 This notice is intended to make you, the applicant, aware of the special risks and conditions associated with development in this area, which is subject to natural hazards such as storms, erosion and currents, The rules of the Coastal Resources Commission require that you receive anAEC Hazard Notice and acknowledge that notice in writing before a permit for development can be issued. The Commission's rides on building standards, oceanfront setbacks and dune alterations are designed to minimize, but not eliminate, property loss from hazards. By granting permits, the Coastal Resources Commission does not guarantee the safety of the development and assumes no liability for future damage to the development. Permits issued in the Ocean Hazard Area of Environmental Concern include the condition that structures be relocated or dismantled ifthey become imminently threatened by changes in shoreline configuration. The structbre(s) must be relocated or dismantled within two (2) years of becoming imminently threatened, and in any case upon its collapse or subsidence. The best available information, as accepted by the Coastal Resources Commission, indicates that the annual long-term average ocean erosion rate for the area where your property is located is 4'-5' feet per year. The rate was established by careful analysis of aerial photographs of the coastline taken over the past 50 years. Studies also indicate that the shoreline could move as much as 360'-460feet landward in a major storm. The flood waters in a major storm are predicted to be about 8'-13' feet deep in this area. Preferred oceanfront protection measures are beach nourishment and relocation of threatened structures. Hard erosion control structures such as bulkheads, seawalls, revetments, groins,jetties and breakwaters are prohibited. Temporary sand bags may be authorized under certain conditions. The.applieantmust acknowledge this information and requirements by signing this notice in the space below. Without the proper signature, the application will not be complete. �I 1017I2022 Applicant Signature Date SPECIAL NOTE: This hazard notice is required for development in areas subject to sudden and massive storms and erosion. Permits issued for development in this area expire on December 31 of the third year following the year in which the permit was issued. Shortly before work begins on the project site, the Local Permit Officer must be contacted to determine the vegetation line and setback distance at your site. If the property has seen little change since the time of permit issuance, and the proposed development can still meet the setback requirement, the LPO will inform you that you may begin work. Substantial progress on the project must be made within 60 days of this setback determination, or the setback must be remeasured. Also, the occurrence of a major shoreline change as the result of a storm within the 60-day period will necessitate remeasurement of the setback. It is important that you check with the LPO before the permit expires for official approval to continue the work after the permit has expired. Generally, if foundation pilings have been placed and substantiaL progress is continuing, permit renewal can be authorized. It is unlawful to continue work after,permit expiration. For more information, contact: Local Permit Officer Address Locality Phone Number Revised 2107 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT I. APPLICANT'S NAME: NC Department of Natural and Cultural Resources c/o Mary Russo of Clark Nexsen 2. LOCATION OF PROJECT SITE: 1610 Fort Fisher Blvd. S., adjacent to the Atlantic Ocean, in Kure Beach, in New Hanover County. Latitude: 33058'17.66" N Longitude: 77°55'3.81"W 3. INVESTIGATION TYPE: CAMA & D/F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit—10/26/2021 Was Applicant Present — Yes 5. PROCESSING PROCEDURE: Application Received— 1/26/2022 DWR Pre -file Date —Scoping Meetings held on 8/2/2019 and 11/9/2020 Complete Date — 6/1/2022 6. SITE DESCRIPTION: Office — Wilmington (A) Local Land Use Plan —Town of Kure Beach Land Classification From LUP — Conservation (B) AEC(s) Involved: OH (C) Water Dependent: Yes (D) Intended Use: Public (E) Wastewater Treatment: Existing — Municipal Planned — Two new pump stations to connect to municipal utilities (F) Type of Structures: Existing — Visitors Center and parking lot, axillary buildings, earthworks, sidewalks, rock revetment Planned -- Two story visitors center, underwater archeology building, earthworks, parking lot, two pump stations, sidewalks (G) Estimated Annual Rate of Erosion: 4.5 to 6.4 a year Source — DCM 2020 Erosion Rates 8. HABITAT DESCRIPTION: [AREA) DREDGED FILLED OTHER (A) Vegetated Wetlands B Non -Vegetated Wetlands (Open water (C) Other (highground) 426,888 sq. ft. (H) Total Area Disturbed: --426,888 sq. ft. (-9.8 acres) (1) Primary Nursery Area: No (J) Water Classification: SB Open: No PROJECT SUMMARY: The applicant proposes the restoration of the existing earthwork fortifications, to construct a new visitor center with an expanded parking lot, and to construct a new underwater archeology building. RECEIVED JUN 13 2022 DCM-MHD CITY NC Department of Natural and Cultural Resources, Page 2 9. PROJECT DESCRIPTION: The project site is adjacent to the ocean shoreline of Fort Fisher State Historic Site located in New Hanover County, immediately south of Kure Beach. This area of Fort Fisher is located on a peninsula which separates the lower Cape Fear River from the Atlantic Ocean. The project site consists of two parcels, Parcel #R09320-002-013-000 which is owned by the State ofNorth Carolina and the property to the west, Parcel # R09100-002-001-000, which is owned by the MOTSU Sunny Point. The State ofNorth Carolina has a lease agreement with MOTSU Sunny Point as many of the existing paths and auxiliary buildings associated with the existing Fort Fisher Historic Site are located on both parcels (See attached Department of the Army License). The eastern portion of the site consists of a rock revetment that is located at the boundary of the Atlantic Ocean, measuring approximately 3,000 feet in length by 70 feet in width, which was authorized in 1993 under State Permit No. 96-93 to protect this historic site. Located on the western portion of the site across Fort Fisher Blvd. South are the Fort Fisher Museum and Visitor Center with an associated parking lot and sidewalks. Also located on this side of Fort Fisher Blvd. South is the preserved earthwork fortifications ofFortFisher's Land Face and existing concrete pathways that leads towards the Cape Fear River, as well as auxiliary buildings associated with the underwater archeology programs (See Sheet VFI01C and VF102C). There is an existing concrete sidewalk along the landward side of the revetment, which runs entirely along the same alignment as the revetment. The path ties into two gazebos/overlooks, one that is located on the north, and one located on the south end of the rock revetment. The "Battle Acre" Monument is located on the landward side of Battle Acre Road towards the south end of the project site that consists of an approximately 27 feet in length by 32 feet in width at grade brick pad with the monument located in the center. The area of the "Battle Acre" Monument is outside of the project boundary. Vegetation on the upland portion of the project site is located partially within a Maritime Forest that consists primarily of live oak (Quercus virginiana) and wild grasses. Coastal wetland species exist on the western portion of Parcel # R09100-002-001-000, the high ground transitions to high marsh consisting primarily of Black Needlerush (Juncus roemarianus), the high marsh transitions to low marsh consisting primarily of Smooth Cordgrass (Spartina alternii fora) before transitioning to the open water of the Cape Fear River. According to the DCM 2020 Erosion Rate Maps, the setback factors for the southern part of the project site is 5 feetlyear and 4 feettyear for the northern part of the project site (See Sheet C-101 C). The applicant has held two seeping meetings regarding this proposal on 8/2/2019 and 11/9/2020. According to application materials, an erosion and sedimentation control plan was submitted on 4/4/2022 and the site has an existing Low -Density Stormwater Permit (SW8940822). The Town of Kure Beach LUP classifies the upland areas of the project site as Conservation. The waters of the Atlantic Ocean are classified as SB by the NC Division of Water Quality (DWQ). The NC Division of Marine Fisheries (DMF) has not designated this area of the Atlantic Ocean as Primary Nursery Area and the waters adjacent to the proposed project are closed to the harvesting of shellfish. 10. PROPOSED PROJECT: The applicant proposes the restoration of the existing earthwork fortifications, to construct a new visitor center with an expanded parking lot, and to construct a new underwater archeology building. _ The applicant proposes to restore the existing earthworks fortifications to mimic the original historic civil war o U features. Approximately 28,000 sq. ft. of fill, in an area measuring 200' in length by 140' in width, would be N brought in to recreate the earthworks. The fill will be contoured to create mounds to mimic the original civil war 2 features with elevations approximately 22.5' tall. In the eastem-most mound, a concrete box culvert, measuring zapproximately 110' long by 10' wide would be installed beneath the mound to provide visitors to travel through the earthworks. A second concrete culvert, measuring approximately 30' in length by 10' in width would be U installed beneath the middle mound and connect to a concrete room, measuring 15' in width by 20' in length, to p provide visitors access beneath the earthworks. Two viewing decks measuring 33' in width by 20' in length would be installed atop the earthworks. A 5' wide concrete sidewalk would run along the east side of the proposed earthworks, parallel with Fort Fisher Blvd. S. to connect the existing crosswalk. Extending from the proposed sidewalk, the applicant proposes a 5' wide sidewalk to extend approximately 200' along the southern side of the proposed earthworks to connect to the existing concrete walkway that extends towards the Cape Fear River (See Sheet C1101C). As proposed, the earthworks restoration would meet the minimum setback requirement of 30 times the setback factor of 5.0. (See Sheet C-101C). NC Department of Natural and Cultural Resources, Page 2 The applicant also proposes to construct a new two-story, visitors center to the north of the existing visitors center. The proposed 39,800 sq. ft. visitors center would measure approximately 180' in width and 213' in length. The proposed visitors center would include office/workspaces, rotating exhibits, a gift stop, kitchen, and viewing areas. A patio/walkway measuring 40' in length by 40' in width would extend south towards the earthwork's fortification and a patio/walkway 40' in length by 40' in width would extend north towards the proposed parking lot (See Sheet CI102C). A new sewer pump station is proposed west of the proposed visitors center and would tie into existing municipal utilities. The applicant states that the existing visitors center would remain operational during construction and be demolished once the proposed visitors center is completed. As proposed, the 39,800 sq. ft. visitors center would meet the 280' setback requirement of 70 times the setback factor of 4.0 (See Sheet C- 101C). North of the proposed visitors center, the applicant proposes a 93,450 sq. ft. parking lot measuring approximately 350' in length by 200' in width connected to a second portion measuring approximately 200' in length by 96' in width. The parking lot would connect to Ft. Fisher Blvd. S. from the west and be constructed of pavement and pervious pavers . The proposed parking lot would be able to accommodate bus parking for school trips as well as provide personal parking for visitors. As proposed, the 93,450 sq. ft. parking lot would meet the 240' parking lot setback of 60 times the setback factor of 4.0 per 15A NCAC 07H.0306 (a)(5)(j) (See Sheet C-101C). The applicant proposes to construct an 14,200 sq. ft. underwater archaeology building with associated boat parking lot to the north of the proposed parking lot. The proposed underwater archaeology building would measure approximately 150' in length by 65' in width. The boat parking lot would be directly east of the proposed building and measure approximately l00' in length by 40' in width. Directly to the east of the proposed boat parking lot would be a new sewer pump station and would tie into existing municipal utilities (See Sheet CI103C). As proposed, the 14,200 sq, ft, underwater archeology building would meet the 260' setback of 65 times the setback factor of 4.0 (See Sheet C-101C). It. ANTICIPATED IMPACTS: The proposed project would disturb approximately 426,888 sq. ft. of high ground, most of which is currently usurped by existing facilities. The proposed development will result in 15.54% coverage of impervious surface, a two percent increase from the existing impervious coverage of 13.54%. No portion of the proposed project falls within the Estuarine Shoreline AEC and all proposed structures would meet the applicable Ocean Hazard Setback. Submitted by: Bryan Hall Date: 6/8/2022 Office: Wilmington RECEIVED JUN 13 2022 DCM-MHD CITY Fort Fisher State Historic Site Visitors Center CAMA APPLICATION NARRATIVE Introduction Fort Fisher is a heavily visited state historic site in North Carolina. The site includes the remaining earthwork fortifications part of which have been restored, a museum/visitor center and related parking facilities, picnic area along the beach front, and a memorial at "Battle Acre". The site also contains auxiliary buildings associated with the Underwater Archeology programs. Project Description The purpose of this project is to continue the restoration of the existing earthwork fortifications, replace the existing visitor center with a new visitor center and provide an additional underwater archeology building. The existing visitor center will be demolished but remain active till the new visitor center is finished. The new visitor center will consist of a two-story facility and provide an interactive 22,219 square foot layout. It will include offices and workspaces, and rotating exhibits, a gift shop, orientation space, multipurpose space, catering kitchen, and multiple viewing and seating areas for visitors. The parking lot will be expanded to accommodate bus parking for school trips and landscaped medians added to the parking lot. The personal vehicle parking bays are design permeable pavers. The Underwater Archeology building will have a fenced area for boat parking. Project Location The project site is located along the southeastern coast of North Carolina in New Hanover County, on a peninsula which separates the Lower Cape Fear River from the Atlantic Ocean. The historic site is immediately south of Kure Beach and is approximately 20 miles south of the city of Wilmington. Highway U.S, 421 runs along the east portion of the site, and provides access to the North Carolina Aquarium and Adjacent public beach eventually terminating at the Fort Fisher/Southport Ferry Terminal at the southern end of the peninsula. The Fort Fisher State Historic Site covers approximately 264 acres and is administered by the North Carolina Department of Cultural Resources. The public beach to the south of the historic site is under state ownership and operated by the Division of Parks and Recreation. RFCFIVl=1' Adjacent Property MAY 1 6 ?V', The construction area is located on the Fort Fisher Historic site. Private prrtpe)lwAtli sffiKitW)N uC historic sites northern boundary. RECEIVED JU N d11 2022 DCM-MHD CITY General Geology Kure Beach is the out Coastal Plain Physiographic Province, which consists of marine sediments that were deposited during successive periods of fluctuating sea level and laterally repositions shorelines. Marine deposited sediments consist of sands, silts, and clays with irregularly distributed zones of shells. The 1985 geologic map of North Carolina indicates the site is located within an area of mapped as undivided Quaternary marine sediments, which are typically located along low- lying recent and existing coastlines. The site is located 150 miles northeast of the Charleston, South Carolina Seismic Source Zone. A typical profile of the subsurface soil conditions consists of poorly graded sand to a depth of 39' then an approximate five -foot -thick section of sandy clay at a depth of 42' and poorly graded to well graded sand at 50'+. Storm Drainage The existing site is located within a Mapped Floodplain AO (Depth 3'). The stormwater runoff will overland flow to localized depressions. Evaporation and infiltration are the primary means for which surface runoff within the existing construction site is presently being handled. The Existing parking lot has a stormwater conveyance system that channelizes the water to a localized depression. The proposed development will mimic the existing drainage patterns but provide more localized depression areas to maximize infiltration and evaporation. Erosion Control Measures Temporary erosion control measures will be utilized during the construction process. Structural temporary controls include Compost blankets, Silt Fence, Construction Entrances, Silt Fence Outlets, Temporary diversions, Rock Check Dams, Simmer Basins, and Coir Fiber Baffles. Temporary seeding will be provided in accordance with the North Carolina general construction permit NCG01. Permanent measures to consist of landscaping, seeding, grassing, and river rock. See L201 and L202E for final stabilization schedule. Stormwater Management Low Density Stormwater Permit SW8940822 The Low -Density Stormwater Permit (SW8940822) was created in 1994 to account fQF r�Y�F�nlent project and has been modified since in 2011 for additional pedestrian walkways within the project site. The existing permit accounts for approximately 68 acres within the 246-acre prAppgyjA?? proposed improvements will increase the existing imperviousness from 9.48 acres (13.54%) to 10.37 acres (15.54%). Mitigation Areas OCM WI1MING,1ON N(. To provide mitigation measures for the project, multiple low areas within the parking lot landscaped medians will be provide as well as two low areas. One to the west of the parking lot RECEIVED ) I P JUN 13 ZOZZ DCM-MHD CITY and the other between the entrance and the Underwater Archeology Building. RECEWEVi MAY 1 (i 202 DCM WILMINGTON, NC RECEIVED JUN 13 2022 31Peg DCM-MHD CITY DON MP4 APPLICATION for Ma,or Development Permit past revised 12127/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Pr-,;ect Name (if applicable) No Department Of Natural And Cultural Resouces Visitor Center and Underwater Archaeology Building at the Fort Fisher State Historic Site Applicant 1: First Name MI Last Name Tony Romaine Applicant 2: First Name MI Last Name If eraiitlonal applicants, pblase attach an additional page(s) with names listed. Melling Address PO Box Ciro Slate 4605 Mail Service Center Raleigh NC ZIP Country Phone No. FAX No. 276994605 USA 919-814-6614 ext. - - Street Address (Hdifferenl from above) City Slate NC Archives and History/State Library Building 109 E. Jones Raleigh NC F27601- Street Email Tony.Romaine@ncdcr.gov 2. Agent/Contractor Information Business Name Ciaik Nexsen RECEIVE Agent/ Contractor 1: First Name MI Last Name Mary H. Russo JUN 13 2 Agent/ Contractor 2: First Name MI Last Name DCM-MHD Melling Address PO Box City Stele 333 Fayetteville Street Suite 1000 Raleigh NC ZIP Phone No. 1 Phone No. 2 27601 919-576-2133 ext. 919-828-1876 ext. FAX No. Contractor s Street Address (pdifferent from above) City State ZIP a :c�IVEu Email mrusso@clarknexsen.com MAY 16 2022 DCM WILMINGTON, NC 202.000.2000 ., t-000.411C.OAS1" .. www. nr.caaa till m+s nogotnont, net ❑C 22 CITY Form DCM MP-1 (Page 2 of 8) APPLICATION for <Form continues on back> Major Development Permit RECEIVED JUN 13 2022 DCM-MHD CITY 252.808.2008 .. 7.888.4ACOAS7., www.occoastalmanagomsnt.not Form DCM MP-1 (Page 3 of 6) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. ll New Hanover 1610 Fort Fisher Blvd. S NIA Subdivision Name City State 21p NIA Kure Beach NC 28449- Phone No. Lot No.(s) (#many, attach add#bnel page with #st) 910 - 251 - 7340 ext. , a. In which NC river basin is the project located? b. Name of body of water merest to proposed project Cape Fear River Atlantic Ocean c. Is the water body Identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Nalural ❑Manmade ❑Unknown Atlantic Ocean e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limn the proposed ®Yea ❑No work falls within. Kure Beach 4. Site Description a. Total length of shoreline on the tract (ft.) Total River. b. Size of entire tract (sq.ft.) shoreline that boarders Cape Fear Approximately 42,000 ft. (8 miles (PID: R091110.002.001-00) 1,418,313,E sgft c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high wafer) or 1,418,313 sgft NM (normal water level) (It merry lot sizes, please attach additional page with a list) 12 ft ®NHW or ❑NWL e. Vegetation on tract The existing vegetation consists of a wooded area consisting of medium to large oaks and pines. And managed turf areas consisting of Bermuda grasses. The adjacent parcel has small area of coastal wetlands. f. Man-made features and uses now on tract The existing man made features Include Duke Energy transmission and distribution power lines, a visitor center and parking lot, multiple smaller axlllary buildings, historical earthen embankments, and utilities to service the buildings. A sidowalk and pedestrlan bridges traverse the site to access the multiple hictorleal Items and buildings. g. Identify and describe the existing land uses adlecen to the proposed project site. Residential (North-east of lot) 2.31 Acres, Zone RA-3A h. How does local goverranent zone the tract? I. Is the proposed project mnsislent with the applicable zoning? Zone C, Class Gov (Attach zoning compliance certificate, if applicable) ®Yes []No ❑NA 1. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes ®No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ®Yes [IN* ❑NA RECEIVED If yes, by whom? Commonwealth Heritage Group, Inc. I. Is the proposed project located in a National Registered Historic District or does a Involve a ®Yes ON, ONARLULL National Register listed or eligible property? <Form continues on next page> DCM WILMINGTON, NC RECEIVED 252-008-2808 .. 1.880.4RCOA81' .. ww w.uc caastnlnrana tiemont.not JUN 13 2022 DCM-MHD CITY Form DCM MP-1 (Page 4 of 6) APPLICATION for Major Development Permit m. (I) Are there wetlands on the site? ®Yes ❑No Total shoreline That boarders Cape Fear (II) Are there coastal wetlands on the site? River. Approximately 42,000 h. (0 miles (PID: R09100.002.001-W) ®Yes ❑No (lit) If yes to either (1) or (it) above, has a delineation been conducted? ®Yes ❑ No (Attach documentation, if evegable) n. Describe existing wastewater treatment facilities. The project site will have two small pump and grinder station (one per building) with pressure pipe connecting to the Kure Beach Force Main. o. Describe existing drinking water supply source. Drinking water supply from Kure Beach. p. Describe existing storm water management or treatment systems. Existing low density stormwater permit allows for up to 30% built upon area. The proposed imperviousness to have a total of 15.54% BUA. 5. ACNViBes and Impacts a. W41 the project be for commercial, public, or private use? ❑Commerclal OPubllc/Government ❑Prlvate/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The scope of the project includes demolition of the existing visitor center building, construction of a 2-story 22,000 SF visitor center, construction of a 10,000 SF Underwater Archaeology Branch facility, and site improvements. Site improvements Include an approximate 130-space parking lot with associated drive aisles and sidewalks, relocated nuke Energy overhead line to underground through a significant portion of the site, reconstructed earth mounds to simulate the original fort, and associated stormwater management and utility connections. The project will also include temporary visitor facilities south of the proposed site during construction, at a location to be determined. 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. Heavy machinery will be used to construct the building parking lot, and ulilites. Including Grains, gradela, front end loaders, excavators, compactors, and telehandlers. See plans attached. d. Ust all development activities you propose. Two-story 22.000 sf buidling, 1 story 10,000 at building, earthworks mounds, parking lots, sanitary sewer pump station, water and fire suppression utilites, landscaping, permeable pavement, sidewalks. e. Are the proposed activities maintenance of an existing project, new work, or both? Both 1, what Is the approximate total disturbed lard area resulting from the proposed project? 9.19 ❑Sq.FI or ®Acres g. Will the proposed project encroach on any public easement, public sccessway or other area []Yes ®No ❑NA that the public has established use of? In. Describe location and type of existing and proposed discharges to waters of the state. The site is within a law lying area that relies on infiltration and evaporation. The nearest state water classification is SB waters (Atlantic Ocean) approximately 415 feet away. The Cape Fear River is approximately 1250 feet away water classification SC. I. Will wastewater or stormwater be discharged Into a welland? ❑Yee ®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. RECEIVED 252.008.2808 :: 9.888.4RCOAST :: www.nr.coastainba„againe„t.tset JUN 13 2022 DCM-MHD CITY Form DCM MP-1 (Page 5 of 6) APPLICATION for <Form continues on back> Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, If applicable, must be submitted:^ order for the application package to be complete. Items (a) — (Q are always applicable to any major development application. Please consult the application Instruction booklet on how to properly prepare the required Items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly Indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A a°o or loca!lon map that is sufficiently detalhcd to guide agency personnel unfar,.Plar will the area to the she. d. A copy of the deed (with state application only) or other Instrument under which the applicant claims this to the affected properties. e. The appropriate application fee. Cherie or money order made payable to DENR. I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days In which to submit comments on the proposed project to the Division of Coastal Management. Name Sunny PoInUMOTSU - Adrienne Rogers (AJ) -Environmental Compliance Manager Phone No. 910.457.8425 Address 6280 Sunny Point Rd Southport, NC 28461 Name Kure Beach - Jimmy Mesimer - Public Works Director Phone No. 910.458.5816 Address 117 Settlers Lane Kure Beach, NC 28449 Name Phone No. Address g. A fist of previous state or federal permits Issued for work on the project tract. Include permit numbers, perm8tee, and Issuing dates. Stormwaler Management Permit SW8 940822. In. Signed consultant or agent authorization form, 8 applicable. I. Wetland delineation, If necessary. J. A signed AEC hazard notice for projects In oceanfront and inlet areas. (Must be signed byproperty OWWO k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), If necessary. If the project Involves expenditure of public funds or use of pudic lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. I understand that any permit issued In response to this application will allow only the development described In the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fad grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify the the Information provided in this application Is truthful to the best of my knowledge. Date 5 lot 2,G171-z— Print Name rboy ROMMNE RE(;FIVFf) ,q r Signature % [vSr ZF MAY 16 2029 Please indicate application attachments pertaining to your proposed project. DCM WILMINGTON. NC ®DCM MP-2 Excavation and Fill Information ®DCM MP-5 Bridges and Culverts ®DCM MP-3 Upland Development ❑DCM MP-4 Structures Information RECEIVED 252.800.2808 :. 1.888.4RCOAST rr www.nccoaotalntnnagom°irt,set JUN 13 2022 DCM-MHD CITY Form DCM MP-1 (Page 6 of 6) APPLICATION for Major Development Permit RECEIVED 252.808.2808 .. 1.688.411COAST .. www.nccoantalmann0ement.net JUN 13 2022 DCM-MHD CITY Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or 811 activities. All values should be given In feet. Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Slreakrmter shoreline NWL) stabilization Length N/A NIA N/A N/A N/A N/A N/A Width N/A NIA N/A WA NIA N/A N/A Avg. Existing N/A N/A NIA N/A NA NA WA Depth Final ProJaet NIA N/A N/A N/A NA NA WA Depth 1. EXCAVATION CgThls section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Tvoe of material to be excavated. cubic yards. c. (1) Does the area to be excavated Include coastal weaand&/marsh d. High -ground excavation in cubic yards. (CVJ), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL []Nona III) Describe the purpose of the excavation in these areas: 2. DISPOSAL OF EXCAVATED MATERIAL ®This section not applicable a. Location of disposal area. b. Dimensions of disposal area. c. (1) Do you claim title to disposal area? d. (Q Will a disposal area be available for future maintenance? ❑Yes []No ❑NA []Yes ONo ❑NA (if) If no, attach a letter granting permission from the owner. (III If yes, where? e. (1) Does the disposal area include any coastal wellandslmarsh f. (1) Does the disposal Include any area In the water? (CW), submerged aquatic vegetation (SAV), shell bottom (SB), []Yes []No ❑NA or other wetlands (Wi)? If any boxes are chncked, provide the RECEIVE r.) number of square feel affected. III) If yes, how much water area Is affected? ❑OW ❑SAV ❑SS ❑wL _ ❑None MAY } G ?02P— (II) Describe the purpose of disposal In these areas: DCM WILMINGTON, NO RECEIVED 252-808.2800 :: I.888.4RCOAST n www_ncc_onstalm�pagement.ne_t JUN 13 2022 revised: 12120106 DCM-MHD CITY Form DCM MN-2 (I:xcarvatlou and rill, rage 2 of 3) 3. SHORELINE STABILIZATION ®This section not applicable (it development is a wood groin, use fil — Structures) a. Type of shoreline slabllizatlon: b. Length: ❑Bulkhead ❑Riprap ❑BreakwaterlShc ❑Other: _ Width: _ c. Average distance waterward of NHW or NWL: d. Maximum distance waterward of NHW or NWL: e. Type of atab0zation material: g. Number of square feet of fill to be placed below water level. Bulkhead badcfill _ Riprap _ Breakwater/Sill— Other_ I. Source of fill material. f. (1) Has there been shoreline erosion during preceding 12 months? Elves ❑No ❑NA (1) If yes, slate amount of erosion and source of erosion amount Information. h. Type of fill material. 4. OTHER FILL ACTIVITIES [I This section not applicable (Excluding Shorellne Stabilization) a. M Ned UI material be brought to the site? ®Yes []NO ❑NA b. 0) Will fill material be Placed in coastal wetlerxlslmarsh (CM. If yes, (II) Amoonl of material to be placed in the water WA (III) Dimensions of fill area 140'x OMEarthworks).220VIV (Visitor Center) 195k (iv) Purpose of fill Earthworks fortificatoins south of visitor center building, to mimic civil war historic site features. FIII will also be used for raising the finished floor elevaltons for both bulldings outside of 100 yr floodplain. 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? An NCG01 permit wilt be obtained prior to land distrubance. C. (1) Will navigational aids be required as a result of the project? ❑Yes ❑No ®NA (10 If yes, explain what type and how they will be Implemented. submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide (he number of square feet affected. ❑CW ❑SAV _ ❑SB ❑WL ®None (11) Describe the purpose of the fill in these areas: What type of construction equipment will be used (e.g.. backhoe, or hydraulic dredge)? Backhooe, pone, frontloader, grader, compactor. d. (I) Will wetlands be crossed in transporting equipment to project she? []Yes ❑No ®NA (d) 11 yes, explain steps that will be taken to avoid or minimize environmental Impacts. 252•UU8.2B00 :: 1.OBB•4RCOAST :: www.nccoasta�managpm£l?t.p£1 JUN 13 2022 revised: 12126106 DCM-MHD CITY Foim DGIVi NiN^2 (F)ma vat Ion mitt Fill, Pagc 3 of 3) 5/1i / 20. Dale Visitor Center and Underwater Archaeology Building at the Fort Fisher State Historic Site Project Name Tna�� Ro►f►A1 jEl Appl ame 4 �� �1 Applicant Stature RECEIVED MAY 16 2022 DCM WILMINGTON, NC RECEIVED 9:7z-1108.2808::1.881J4RCOAST:: www.lrccoastalinanaygmanl.net JUN 13 2022 revised: 12126188 DCM-MHD CITY Form DCM MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major Permit, Forth 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. GENERAL UPLAND DEVELOPMENT a. Type and number of buildings, facilities, units or structures proposed. (1) Visitors Center (39,800 sit including patios and loading docks) and (1) Underwater Archaeology Building (PEMB Structure) (14,200 of Including sidewalks), Timber retaining wall, Parking lot (93,450 SQ. Earthwork fortification with a precast box culvert for pedestrian walkthrough ( <5,000 91). Earlhworks fortification roughly 22.5' high. c. Density (give the number of residential unite and the units per acre). N/A e. If the proposed project will disturb more than one acre of lend, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land- dlsturbing activity begins. (1) It applicable, has a sedimentaton and erosion control plan been submitted to the Division of Land Resources? Was ❑No ❑NA (11) 0 yes, list the date submitted: 4f4/2022 g. dive the percentage of the tract within the coastal shoreline AEC to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 15.54% I. (live the percentage of the entire tract to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 15.54% j. Describe proposed method of sewage disposal. The project site will have two small pump and grinder station with pressure pipe connecting to the Kure Beach Force Main. I. Describe location and type of proposed discharges to waters of the state (e.g., surface runoff, sanitary wastewater, Industrialf commercial effluent, 'wash down" and residential discharges). Existing stormwater management permit allows for up to a b. Number of lots or parcels. 2 (Sunny Point PID: R091 DO-002-001.00, State of NC PID: R09320-002-013.000) d. Size of area to be graded, filled, or disturbed Including roads, ditches, etc. 9.18 acres f. List the materiels (such as mad, paver stone, asphall, or concrete) to be used for impervious surfaces. Asphalt, paver stone, concrete, exterior surface materials of the building structures (visitor's center and UAB). h. Projects that require a CAMA Major Development Permit may also require a Stormwaler Certification. (1) Has a site development plan been submitted to the Division of Water quality for review? ®Yes []No ❑NA (4) If yes, list the date submitted: t4lA/2Q22...... _. MAY 16 20?.'r k. Have the facilities described in Item (1) received stale or local approval? DCM WILMINGTON. NC ❑Yea ®No []NA RECEIVED If yes, attach appropriate documentation. JUN 13 2022 m. Does the proposed project Include an Innovative stormwater D CITY design? ❑Yes ®No ❑NA If yes, attach appropriate documentation. 252.808.28082 :: 1.888.4RCOAST :: www.necoastalma nag ement.net revised: 12/26106 Forth OCM MP-3 (Upland Dovelulruaent, Page 2 of 2) 30% built upon area and relies on evaporation and Infiltration practices. The proposed improvements will be a total of 15.54% BUA and is gradded to promote Infiltration and evaporation. m. Describe proposed ddnking water supply source (e.g., well, commurtily, public system, etc.) Drinking water supply from Kure Beach. o. When was the lot(s) platted and recorded? Pre 1960 11 f 2v2'a- Date Visitor Center and Underwater Archaeology Building et the Fort Fisher Stale Historic Site Project Name To N y 1Zo wl/31 n)E Appian w Applican ig ature n. (I) Wit water be impounded? ❑Yes ❑No ®NA (II) If yes, how many acres? N/A p. If proposed development is a subdivision, will additional utilities be installed for this upland development? []Yes []NO ®NA RECEIVED JUN 13 2022 DCM-MHD CITY 252.00D-2000 ;; 1.80D•4lttAlAsl' :: www.nccoastalnratangoment,p.e; revised: 12/26106 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director NC Department of Natural and Cultural Resources c/o Mary Russo of Clark Nexsen 333 Fayetteville St. Suite #100 Raleigh, NC 27601 Dear Ms. Russo, NORTH CAROLINA EnWronmeatlal Quality June 8, 2022 The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent for NC Department of Natural and Cultural Resources, for State approval for development of the subject property located at 1610 Fort Fisher Blvd. S., adjacent to the Atlantic Ocean in New Hanover County. It was received as complete on June 1, 2022 and appears to be adequate for processing at this time. The projected deadline for making a decision is August 15, 2022. 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 June 1, 2022, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS I I3A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the properly of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, Bryan Hall Field Representative cc: Cameron Luck, DCM Holley Snider, DWR -v Q� USACE John Batson, LPO RECEIVED JUN 13 2022 DCM-MHD CITY North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardnal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 N0T1(d*'*1?mA CAMA PERMIT APPLIES FOR PROJECT:Applicant proposes the restoration of . a0 WWI mnew underwater archeology building er 0 Blvd., adj. to the Atlantic Ocean in Kure Beach, New COMftNYgRMYTED THROUGH July 6, 2022 APPLICANT. NC Deot. of Natural & Cultural Resources c/o Tony Romaine Mail ervice en er Agent. Clark Nexsen c/o Mary Russo (919) 576-2133 FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: NC Div. of Caustal Managesetent i� -127 Cardinal Dr. Ext. WtImington r NC 28405 Bryan Hall (910) 796-7423 ROY COOPER Cowin" ELIZABETH S. BISER Seaerary BRAXTON DAVIS Director June 10, 2022 GanLegPubNotices@gannett.com 2 Pages Star News Legal Advertisement Section Re: Major Public Notice for: NORTH CAROLINA Environmental Quality • Ryan Nelson • Susan Lamy • NC Dept. of Natural & Cultural Resources Hello: Please publish the attached Notice in the Wednesday, June 15, 2022 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send file original affidavit and invoice for payment to Tanya Pietila at the NC Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226 (Customer No. 489895). Thank you for your assistance in this matter. cc: MHC Files Cameron Luck — MHC USACE DEQz� Smcerely, I , any Pietila Permitting Support & Customer Assistance RECEIVED JUN 13 2022 DCM-MHD CITY North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Offke 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that the following applications were submitted for a development permits in Areas of Environmental Concern as designated under the CAMA: On June 8, 2022, the NC Dept. of Natural & Cultural Resources proposes the restoration of existing earthwork fortifications to construct a new visitor center w/expanded parking lot & to construct a new underwater archeology building at 1610 Fort Fisher Blvd., adj. to the Atlantic Ocean in Kure Beach, New Hanover County, On June 8, 2022, Ryan Nelson proposed to add a new 10'x 16'foating dock to an existingfacilityfor a total of three (3) slips at 4 Pipers Neck, adj. to Banks Channel on Figure 8Island, Wilmington, New Hanover County, And on June 8, 2022, Susan Lamy proposed to install a boatlift for a total of three (3) slips at an existing two (2) slip facility at 9 Bermuda Dr., adj. to Lee's Cut in Wrightsville Beach, New Hanover County. Copies of these applications can be examined or copied at the office of Bryan Hall (NC Dept. of Natural & Cultural Resources) or Tara MacPherson (Nelson, Lamy) N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910) 796-7423 (Bryan Hall) or (910) 796-7266 (Tara MacPherson) during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to July 6, 2022 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review & comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. RECEIVED JUN 13 2022 DCM-MHD CITY Q� North Carolina Department of Environmental Quality I Division of Coastal Management _ Wilmington Off 1127 Cardinal Drive Extension I Wllmington, North Carolina 28405 wn �, uw 910.796.7215 v = z r o m m m m 0 ;7 p ri N L e Complete items 1, 2, and 3. A. ■ Print your name and address on the reverse X so that we can return the carts to you. ■ Attach this card to the back of the mailpiece, Q or on the front 9 space penny. 1. Ankle AdQessed to: D. MOTSu Shr1n PoiKJ k7p-Dg4*5 b2�0 Stghn 1�DINf So�i'ti��l-, �G 25y bl Is d*my ad*m m BYES, en3Bdeuvery 1�— wmw 9590 9402 6227 0265 2767 64 r 2. Ankle Number (tia—- " 243 9000 702E 0410 00026, 11. July 2D20 PSN 7530-02-006905{ ■ Complete itenre 1, 2. and 3. ■ Print your name and address on the reverse so that we can return the Card to you. ■ Attach this card to the beds of the maflVm , or on the from If specs parmlta. 1. kt1de Addrmeed hL }-v11u BeAc. PN611c KOWV5 �iyy�Myy 1:'1tS�N•IQZ�Dt1u�� kiAV BeAdA Nc 2-914LlI III IIfill 1111111111111111111111111ill o t 9590 9402 6227 0265 2767 71 ° 0eesed e ° od+eam 7022 0410 0002 6243 8997 tadrr July 2020 PSN 7530-02-0odsW3 y —0 Agent 0 Aedrepeee Dam of DAVwy o YM p Ne 11 emY ❑ � W"RretlsM NY o: 11e�� Detrsy PMMMdD*my y Donreetle Rehm Receipt Vau )C 'iie^t v�y Adtleessee fj tiK 0. Dele,,10*hery ernfram kern1y ❑ Yes Nara tebw. ❑ No ° PMey map Dw--a abm Dy a eew %Pd w Mal Pam esd Ided D*my 091p�eenaren,ebn•• °m.eoaV fty a.mareo.0R wy msrd oeway Rehm ReOelpt t~ M For dolivery.! . M Ln Certified Mail Fee .I" $ u1 EFn - • -rvices & Fees (checkbox, add /oe �. Return Recelpt(herdoopy)i, f. ❑Return Receipt (electronic) $ 0 ❑ Certified Mall Restricted Delivery $ i] ❑AdukSignatureRequired $,_,__ _ C3 ❑Aduk Signature Restricted Delivery $ M Postage r-I $ . .� cO Total Postage and Fees r-q $ ru �Z. M nt �• j I%�a Nr xICC---- r „.W N W �- r=r N O w ;= m W r- I 0 rn z o O �.. z z 0 I JUN 13 2022 Postmark Here o0 * Complete items 1, 2, and 3. e Print your name and address on the reverse so that we can return the card to you. Is Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: E Ie � m �anagjc nk Co . ! 9 85 Ea5 -mini d Rd . w mi n5ion. Wo a,34a 9590 9402 6058 0125 3140 74 2. Article Number (transfer from service /abet} 7020 1810 0001 5457 o PS Form 3 n c z z m L �' m N m i , July 2015 PSN 7530-02-000-9053 A Sign- Lure ` f 0 Agent ❑ Addressee B. geceived by (Printed NameI ! C. Date of Delivery D. address different from item 1? ❑Yes Is delivery If YES, enter delivery address below: ❑ No 3. Service Type ❑:Aduftft uSignature Signature Restricted Delivery rtified Mail® i ❑ Certified Mail Restricted Delivery ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery n it imA Mall 274 1�ai1 Restricted Delivery ❑ Priority Mail Express® ❑ Registered MaliTm 0 Registered Mail Restricted Delivery PWIetum Re Pt for Merchandisecei ❑ Signature Confirmation"" ❑ Signature Confirmation Restricted Delivery Domestic Retum Receipt RECtivi=L' JUN 01 2022 DCM WILMINGTON, NC LISPS TRACKING 111111111111110UM[2i- 9590 9402 6227 0265 2767 64 United States Postal Service I II II I It P P9 a B Man F.. Paid No. Cr10 der. Please print your name, address, and ZIP+40 in this boxm N(A{c 3'0vltS 04"+ NeltvM ) �i 525 41CAiV Sty C° 1 SW' f c 140D Vtk-giKi'1 ►3ekGL+, V A� 23'4192- Irrllrrtrlrrrl lrglbddirbhllrtihnuht 11nIdPIrPIP USPSTRACKNG# Flrst-Clara Mali �'t�mtuJ'�n7jlIff 2, ',, I Postage R Fees Paid I IIIIII IIII IIIIII �171' i ti I'id 2 L Pusps ermit No. G-10 4 9590 9402 6227 0265 2767 71 United States Postal Service ien Please print your name, address, and ZIP+4• In this boi Nu}c johcS Cclra N"V-") 41 2G Y1/\uIvtStr� , SWlc Hou \1i(zyiNiK 6cKaiIVA2314b2 rllhrutlr+Irirrhtttrgllf tbdlrPllllhtlllrhbliilri)rllll RECEIVED JUN 13 2022 DCM-MHD CITY Transmittal 0 CLARKNEXSEN To: NC Division of Coastal Management 333 Fayetteville Street, Suite 1000 Department of Environmental Quality Raleigh, NC 27601 127 Cardinal Drive Ext P: 919.828.1876 Wilmington NC 28405 F: 919.828.1877 Date: April 4, 2022 CC: Cameron Weaver - DEACS-DEQ Project: 7173 - Fort Fisher Visitor Center Bryan Halt - NC DCM Nathan Jones - Clark Nexsen Subject: Fort Fisher Visitor Center CAMA From: Mary Beth Russo - Clark Nexsen Major Permit Application Comm a: Via: Hand Delivery We transmit the following: ® Drawings ❑ Specifications ❑ Change Order ❑ Shop Drawings ❑ Computer File(s) ❑ Samples ❑ Product Literature ® See list below Description: The following documents are being submitted In accordance with the CAMA Major Permit Application. 1. Fort Fisher Site plans (5 copies - 1 electronic sent to Bryan Hall) 2. CAMA Narrative (1 copy) 3. Army Corp of Engineers Notification of Jurisdictional Determination (1 Copy) 4. Application Check of $400 (Delivered 4/4/2022 with first submittal) 5. Copy of DEED (1 copy) 6. Real Estate Agreement (1 copy) 7. Application for Major Development Permit (1 copy) DCM MP-1, DCM MP-2, DCM-MP-3 applications. Remarks: RECEIVED JUN 13 2022 KF=CFIVEWCM-MHD CITY MAY 16 202? f�f-M WILMINGTON. NC Please contact Mary Beth Russo at 919.576.2133 or Nathan Jones at 757.961.7765 for questions regarding this submittal. I:AP10jectsV/000V71 /3-1 oil I ishei Visit ois Cen1er\Submi1talsV00 NCDFQ Pei mitIin(I SubmittalVCAMA Permi1\20220510 RewbmiItat 20)01 iosion Rates\CAMA Permit Iiails miltal - NCDIQ,d0LX Page U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2019-01636 County: New Hanover U.S.G.S. Quad: NC- Kure Beach NOTIFICATION OF JURISDICTIONAL DETERMINATION Requester: NCDNCR Tony Romaine 109 East Jones Sheet Raleigh, NC 27601 Size (acres) g Nearest Waterway Atlantic Ocean USGS HUC 03030005 Agent: Terracon 2401 Brentwood Road Suite 107 Raleigh, NC 27604 Nearest Town Kure Beach River Basin Cape Fear Coordinates Latitude:33.972341 Longitude:-77.917013 RECEIVED JUN 13 2022 DCM-tvlHD CITY Location description: Protect area is located west of Fort Fisher Boulevard on the property of the existing Fort Fisher Visitor Center, Protect area is mostly cleared with visitor center and parking area and large grassed areas. Indicate Which of the Following Apply: A. Preliminary Determination ❑ There appear to be WATERS on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The WATERS have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. Therefore this preliminary jurisdiction determination may be used in the pennit evaluation process, including detennining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary 1D will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. ❑ There appear to be WATERS on the above described project area/properly, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RNA) (33 USC § 403). However, since the WATERS have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the WATERS at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the WATERS on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to (pIdp> t(a (lelineation that can be verified by the Corps. B. Approved Determination MAY 16 702? ❑ There are Navigable Waters of the United States within the above described project area/propyy X#4Wq(p))4bFl RlpiN( requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are WATERSon the above described project arca/properly subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ We recommend you have the WATERS on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. ❑ The WATERS on your project arcs/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly suggest you have SAW-2019-01636 this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. ❑ The WATERS have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below onDATE. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ® There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ® The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in in Wilmington, NC, at (910) 796-7215 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Rachel Capita at (910)-2514487 or Rachel.A.Caoito(al usace.orev.mil. C. Basis For Determination: Basis For Determination: See the approved jurisdictional determination form dated 09/27/2019. D. Remarks: None. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) tact sheet and request for appeal (RFA) form. If you request to appeal this determination you trust submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Phillip Shannin, Review Officer 60 Forsyth Street SW, Room IOMIS Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by 11 6/2019. "It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** CAPITO.RACHEL.ANN.15 09n"4"u"bb CAMO.MOH M.IS%D6710 Corps Regulatory Official: 36276790 woom.00a ll)&" ana RECEIVED Date of JD: 09/27/2019 Expiration Date of JD: 09/25/2024 JUN 13 2022 DCM-MHD CITY NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL A licant: NCDNCR, 'I any Romaine File Number: SAW-20701636 Date: 09/27/2019 Attached is: See Section below INITIAL PROFFERED PERMIT Standard Permit or Letter of emission A PROFFERED PERMIT Standard Permit or Letter ofpermission) 13 PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION I) PRELIMINARY JURISDICTIONAL DETERMINATION I SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at or htto://www.usace.anny.mil/Missions/C'ivilWorks/RegulatoxvProgramandPemiits.aspx or the Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permmit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the pennit be modified accordingly. You must complete Section 11 of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its tenns and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered pemrit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the divi ' n ngineer within 60 days date ('F I VF of the of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Adr1m1S1 try�ttiive�AppeaI Process by completing Section 11 of this form and sending the form to the division engineer. This fore must bid {�eeceiLL Eddie division engineer within 60 days of the date of this notice. DJC D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approve a Rlividii-new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this foram and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration b th Corps to reevaluate the JD. REC91I JUN 1 3 9g22 I ,•. 4 CITY SECTION 11- REQUEST FOR APPEAL or OBJ$C I IbNS TO AN Ihll 1 jAL ROFFEREI) PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: ' If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division Mr. Phillip Shannin, Administrative Appeal Review Officer Attn: Rachel Capito CESAD-PDO Wilmington Regulatory Office U.S. Army Corps of Engineers, South Atlantic Division U.S Army Corps of Engineers 60 Forsyth Street, Room I OM 15 69 Darlington Avenue Atlanta, Georgia 30303-880) Wilmington, North Carolina 28403 Phone:(404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will he provided a 15 day notice of any site investigation, and will have the opportuni'tX to participate in all site investigations. Date: Telephone number:Si nature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Rachel Capito, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Phillip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room I0M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 RECEIVED JUN 13 2022 DCM-MHD CITY APPROVED JURISDICTIONAL. DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Form Instructions] Guidebook. SECTION 1: BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): 09/27/2019 B. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Fort Fisher, SAW-2019-01636 C. PROJECT LOCATION AND BACKGROUND INFORMATION: Project area is located west of Fort Fisher Boulevard on the property of the existing Fort Fisher Visitor Center. Project arcs is mostly cleared with visitor center and parking area and large grassed areas. State: NC County/parish/borough: New Hanover City: Kure Beach Center coordinates of site (lat/long in degree decimal format): Lat. 33.972341 , Long.-77.917013 Universal Transverse Mercator: Name of nearest waterbody: Atlantic Ocean Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Name of watershed or Hydrologic Unit Code (HUC): 03030005 ❑ Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request. ❑Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a different 1D form: D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ®Office (Desk) Determination. Date: 9/27/2019 ❑Field Determination. Date(s): SECTION II: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There are no "navigable waters of the US." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR par 329) in the review area. [Required] ❑Waters subject to the ebb and flow of the tide. ❑ Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. Explain: B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There are not "renters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required] Waters of the U.S. a. Indicate presence of waters of U.S. in review area (check all that apply):' ❑TNWs, including territorial seas ❑Wetlands adjacent to TNWs ❑Relatively permanent waters' (RPWs) that flow directly or indirectly into TNWs []Non-RPWs that Row directly or indirectly into TNWs []Wetlands directly abutting RPWs that flow directly or indirectly into TNWs ❑Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs ❑ Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWa ❑Impoundments of jurisdictional waters RF0F[ WI ,k ❑Isolated (interstate or intrastate) waters, including isolated wetlands b. Identify (estimate) size of waters of the U.S. In the review area: MAY Non -wetland waters: linear feet, wide, and/or acres. Wetlands: acres. DCM WILMINGTON, NC c. Limits (boundaries) of jurisdiction based on: Pick List Elevation of established OH W M (if known): Non -regulated waters/wetlands (check if applicable):a ❑ Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional. Explain: RECEIVED SECTION III: CWA ANALYSIS A. TNWI AND WETLANDS ADJACENT TO TNWs JUN 13 Z022 DCM-MHD CITY Boxes checked below shall be supported by completing the appropriate sections in Section III below. x For purposes of this fomr, an RPW is defined as a tributary that is not a TN W and that typically Bows year-round or has continuous Bow at least "seasonally" (e.g., typically 3 months). ' Supporingdocumentation is presented in Section IIIP. The agencies will assert jurisdiction over TN Ws and wetlands adjacent to TN Ws. If the aquatic resource is a TNW, complete Section IH.AA and Section III.D.I. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2 and Section III.D.1.; otherwise, see Section 111.B below. 1. TNW Identify TNW: Summarize rationale supporting determination: 2. Wetlandadjacent to TNW Summarize rationale supporting conclusion that wetland is "adjacent": B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY): This section summorizes information regarding characteristics of the tributary and Its adjacent wetlands, if any, and it helps determine whether or not the standards for jurisdiction established under Rapanos have been met. The agencies will assert jurisdiction over non -navigable tributaries of TNWs where the tributaries are "relatively permanent waters" (RPWs), i.e. tributaries that typically Bow year-round or have continuous Row at least seasonally (e.g., typically 3 months). A wetland that directly abuts an RPW Is also jurisdictional. if the aquatic resource is not a TNW, but has year-round (perennial) Row, skip to Section IIl.D.2. If the aquatic resource Is a wetland directly abutting a tributary with perennial Bow, skip to Section III.D.4. A wetland that Is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and EPA regions will include in the record any available information that documents the existence of a significant nexus between a relatively permanent tributary that Is not perennial (and Its adjacent wetlands If any) and a traditional navigable water, even though a significant nexus finding is not required as a matter of law. If the walerbodys is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must consider the tributary In combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is the tributary, or its adjacent wetlands, or both. If the JD coven a tributary with adjacent wetlands, complete Section III.B.1 for the tributary, Section III.B.2 for any onsite wetlands, and Section IILB.3 for all wetlands adjacent to that tributary, both onsite and offsite. The determination whether a significant nexus exists is determined in Section III.0 below. 1. Characteristics of non-TNWs that Row directly or indirectly into TNW (1) Cenral Area Conditions: Watershed size: Pick List Drainage areo:Pick List Average annual rainfall: inches Average annual snowfall: inches (il) Physical Characteristics: (a) Relationship with TNW: ❑ Tributary flows directly into TNW. ❑ Tributary Rows through Pick Listiributaries before entering TNW. Project waters are Pick Listriver miles from TNW. Project waters are Pick Listriver miles from RPW. Project waters are Pick List aerial (straight) miles front TNW. Project waters are Pick List aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: RECEIVED Identify Row route to TNWs: Tributary stream order, if known: JUN 13 2022 (b) General Tributary Characteristics (check all that apply): Tributary is: ❑ Natural DCM-MHD CITY ❑ Artificial (man-made). Explain: ❑ Manipulated (nian-ahered). Explain: 'Note that the Instructional Guidebook contains additional infornudion regarding swales, ditches, washes, and erosional features geneally and in the and West. 'Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW. Tributary properties with respect to top of bank (estimate): Average width: feel Average depth: feet Average side slopes: Pick List. Primary tributary substrate composition (check all that apply): ❑ Silts ❑ Sands ❑ Concrete ❑ Cobbles ❑ Gravel ❑ Muck ❑ Bedrock ❑ Vegetation. Type/%cover: ❑ Other. Explain: Tributerycondition/slability [e.g., highly eroding, sloughing banks]. Explain: Presence of run/riffle/pool complexes. Explain: Tributary geometry: Pick List Tributary gradient (approximate average slope): % (c) Flow: Tributary provides for:Pick List Estintate average number of flow events in review sma/year: Pick List Describe flow regime: Other information on duration and volume: Surface flow is: Pick List.Characteristics: Subsurface flow: Pick List. Explain findings: ❑ Dye (or other) test performed: Tributary has (check all that apply): ❑ Bed and banks ❑OHWMb(check all indicators that apply): ❑clear, natural line impressed on the bank []changes in the character of soil ❑shelving ❑vegetation matted down, bent, or absent ❑leaf litter disturbed or washed away ❑sediment deposition ❑water staining ❑other (list): ❑ Discontinuous OHWM.7 Explain: ❑ the presence of litter and debris ❑ destruction of terrestrial vegetation ❑ the presence of wrack line ❑ sediment sorting ❑ scour ❑ multiple observed or predicted flow events ❑ abrupt change in plant community If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply): ❑ High Tide Line indicated by: []Mean High Water Mark indicated by: []oil or scum line along shore objects ❑ survey to available datum; ❑fine shell or debris deposits (foreshore) ❑ physical markings; ❑physical markings/characteristics ❑ vegetation lines(changes in vegetation types. ❑tidal gauges�:F[VE=i ) ❑other (list): (111) Chemical Characteristics: MAY T g((��,, Characterize tributary (e.g,, water color is clear, discolored, oily film; water quality; general watershed characterise cfi a e' . 2 Explain: Identify specific pollutants, if known: DCM W]]-MING70N, NC IN) Biological Characteristics. Channel supports (check all that apply): ❑ Riparian corridor. Characteristics (type,average width): RECEIVED ❑ Welland fringe. Characteristics: ❑Ilabitat for: ❑ Federally Listed species. Explain findings: ❑ Fish/spawn areas. Explain findings: JUN 13 ZOZZ ❑ Other environmentally -sensitive species. Explain findings: ❑Aquatic/wildlifediversily. Explain findings: DCM-MHD CITY sA natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground. or where the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's lbw regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break. 1bid. I. Characteristics of wetlands adjacent to non-TNW that flow directly or Indirectly Into TNW (I) Physical Characteristics: (a) General Wetland Characteristics: Properties: Wetland size: acres Welland type. Explain: Weiland quality. Explain: Project wetlands cross or serve as state boundaries. Explain: (b) General Flow Relationship with Nun-TNW: Flow is: Pick List. Explain: Surface flow is: Pick List Characteristics: Subsurface flow: Pick List. Explain findings: ❑ Dye (or other) test performed: (c) Wetland At iacencv Determination with Non-TNW: ❑ Directly abutting ❑ Not directly abutting ❑ Discrete wetland hydrologic connection. Explain: ❑ Ecological connection. Explain: ❑ Separated by berm/barrier. Explain: (d) Proximity (Relationship) to TNW Project wetlands are Pick Listriver miles from TNW. Project waters arc Pick List aerial (straight) miles from TNW. Flow is from: Pick List. Estimate approximate location of wetland as within the Pick List floodplain. (it) Chemical Characteristics: Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed characteristics; etc.). Explaiw Identify specific pollutants, if known: (III) Biological Characteristics. Wetland supports (check all that apply): ❑ Riparian buffer. Characteristics (type, average width): []Vegetation type/percent cover. Explain: RECEIVED ❑Habitat for: ❑ Federally Listed species. Explain findings: ❑ Fish/spawn areas. Explain findings: ❑ Other environmentally -sensitive species. Explain findings: JUN 13 2022 ❑ Aquatic/wildlife diversity. Explain findings: 3. Characteristics of all wetlands adjacent to the tributary (if any) DCM-MHD CITY All welland(s) being consider ed in the cumulative analysis: Pick List Approximately acres in total are being considered in the cumulative analysis. For each wetland, specify the following: Directly abuts? (Y/N) Size (in acres) Directly abuts? IY/N) Size (in acres) Summarize overall biological, chemical and physical functions being performed: C. SIGNIFICANT NEXUS DETERMINATION A significant nexus analysis will assess the flow characteristics and functions of the tributary Itself and the functions performed by any wetlands adjacent to the tributary to determine If they significantly affect the chemical, physical, and biological integrity of a TNW. For each of the following situations, a significant nexus exists if the tributary, In combination with all of its adjacent wetlands, has more than a speculative or Insubstantial effect on the chemical, physical and/or biological integrity of a TNW. Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all Its adjacent wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or outside of a floociplain is not solely determinative of significant nexus. Draw connections between the features documented and the effects on the TNW, as Identified In the Raparms Guidance and discussed In the Instructional Guidebook. Factors to consider Include, for example: • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW? • Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW? • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that support downstream food webs? • Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or biological integrity of the TNW? Note: the above list of considerations Is not Inclusive and other functions observed or known to occur should be documented below: 1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or Indirectly Into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section 11LD: 2. Significant nexus findings for non-RPW and Its adjacent wetlands, where the non-RPW flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: 3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: D. DETERMINATIONS OF JURISDICHONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL THAT APPLY): TN Wx and Adjacent Wetlands. Check all that apply and provide size estimates in review area: ❑TNWs: linear feet, wide, Or acres. ❑Wetlands adjacent to TNWs: acres. 2. RPWs that flow directly or Indirectly into TNWs. ❑ Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that tributary is perennial: ❑ Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year)are jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows seasonally: Provide estimates for jurisdictional waters in the review area (check all that apply): ❑ Tributary waters: linear feet wide. MAY []Other non -wetland waters: acres. 16 202;, Identify type(s) of waters: 3. Non-RPWO that flow directly or indirectly Into TNWs. pCM WI�MfNG7QN. NC ❑ Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional waters within the review area (check all that apply): ❑ Tributary waters: linear feel, wide. ❑Other non-welland waters: acres. Identify type(s) of waters: 4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. ❑ Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands. ❑ Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: 'See Footnote a 3. RECEIVEC JUN 13 2022 DCM.MHD CITY ❑ Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is seasonal in Section III.B and rationale in Section 111.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Provide acreage estimates for jurisdictional wetlands in the review area: acres. S. Wetlands adjacent to but not directly abutting an RPW that Row directly or Indirectly Into TNWs. ❑ Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW arejurisidictional. Data supporting this conclusion is provided at Section III.C. Provide acreage estimates forjurisdictional wetlands in the review area: acres. 6. Wetlands adjacent to non-RPWs that Bow directly or indirectly Into TNWs. ❑Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this conclusion is provided at Section 111.C. Provide estimates for jurisdictional wetlands in the review area: acres. 7. Impoundments of jurisdictional waters9 As a general rule, the impoundment of jurisdictional tributary remains jurisdictional. ❑ Demonstrate that impoundment was created from "waters of the U.S.." or ❑ Demonstrate that water meets the criteria for one of the categories presented above (1.6), or ❑ Demonstrate that water is isolated with a nexus to commerce (see E below). E. ISOLATED )INTERSTATE OR INTRA-STATE) WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK ALL THAT APPLY):ts []which am or could be used by interstate or foreign travelers for recreational or other purposes. ❑from which fish or shellfish arc or could be taken and sold in interstate or foreign commerce. [-]which are or could be used for industrial purposes by industries in interstate commerce. ❑ Interstate isolated waters. Explain: ❑ Other factors. Explain: RECEIVED Identify water body and summarize rationale supporting determination: Provide estimates forjurisdictional waters in the review area (check all that apply): �UN 1 3 2G22 ❑ Tributary waters: linear feet, wide. ❑Other non -wetland waters: acres. Identify type(s) of waters: DCM_MHD CITY ❑Wetlands: acres. F. NONJURiSDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY): ❑ If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers Wetland Delineation Manual and/or appropriate Regional Supplements. ❑Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce. ❑ Prior to the Jan 2001 Supreme Court decision in "SIVANCC," the review area would have been regulated based solely on the "Migratory Bird Rule" (MBR). ❑ Waters do not meet the "Significant Neims'standard, where such a finding is required for jurisdiction. Explain: []Other; (explain, if not covered above): Provide acreage estimates for non -jurisdictional waters in the review area, where the,<gjq potential basis of jurisdiction is the MBR factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional judgment (check all that apply): ❑Non -wetland waters (i.e., rivers, streams):linear feet, wide. ❑Lakes/ponds: acres. ❑Other non -wetland waters: acres. List type of aquatic resource: ❑Wetlands: acres. `fo complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook. "Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will Ono I e the action to Corps and EPA DU for revlew rnnsbtem with the process described In the Corps/EPA Memorandum Regarding CIVA Art Jurisdiction Following Rapaoos. r r` (� Provide acreage estimates for non -jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such a finding is required forjurisdiction (check all that apply): (� ❑Non -wetland waters (i.e., rivers, streams):linear feet, wide. ❑Lakes/ponds: acres. ❑Other non -wetland waters: acres. List type of aquatic resource: (-I []Wetlands: acres SECTION IV: UTA SOURCES. i A. SUPPORTING DATA. Date reviewed for JD (check all that apply - checked items shall be included in case file and, where checked and requested, appropriately reference sources below): ® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: - ❑ Data sheets prepared/submilted by or on behalf of the applicant/consultant. ® Office concurs with data sheets/delineation report. ( ❑ Office does not concur with date sheets/delineation report. _ ❑ Data sheets prepared by the Corps: ( ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: (- ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. ® U.S. Geological Survey map(s). Cite scale & quad name: 1:24K Kure Beach _ ( ® USDA Natural Resources Conservation Service Soil Survey. Citation: USDA Soil Survey New Hanover ® National wetlands inventory map(s). Cite name: FWS NWI Mapper (. ❑ State/Local wetland inventory map(s): ( ® FEMA/FIRM maps: 3720302800K ❑ 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ( ® Photographs: ®Aerial (Name & Date): ERSI World Street Map Or []Other (Name & Date): ( ❑ Previous delermination(s). File no. and date of response letter: ❑ Applicable/supporting case law: ( ❑ Applicable/supporting scientific literature: ( ❑ Other information (please specify): r B. ADDITIONAL COMMENTS TO SUPPORT JD: l ( MAY 16 2022 l OCM WILMINGTON, NC RECEIVED JUN 13 2022 DCIv1-MHD CITY l- Legend Site Boundary N 0 200 400 800 Feel n CAPROAACHELANN D roIk ew N CIPIfO.MCIdL /JiN1536))6)90 .1536276790 tirce: errawn GPS Source: Terracon GPS Data June 2019 3' 4 i I j; T F ,qea o. 70197357 '. ayM� 1 �erracon r' CBD oare: Ml em5.aw aa.a. SW61o) R Iqh, � z July 2019 ft.., 9194naxn r..: 9wan.1 ) men er o Geogra ie ` ormaho "" n I, sis WOTUS Delineation Map Fxmei-.c. Fort Fisher Visitor Center 1610 Fort Fisher Boulevard C Kure Beach, New Hanover County, North Carolina V I y PA CE - . E Nr 87'Lftl;lO>:.NOATHOApOL1N1k' y .. £ l`g'iQIiTY NRVY';lf/1NOVER .:. ; WAASw 10 l*ft credo this /ZAday of July, 1070; by Bessie Beaty llrrall' fWfdoyr ei I oUlr ]t, ticra111 of Note Hanover Cituhty, North'Csrbllna, t pasty bf this hpatF&,ki. to the &ate of Norlh'Carollna, .goody 0" fo end oorygrata . Vr1lK lI soil o, goyermne6f:rn'tho City of, Aaislgh, Wake county. Noilh�C'i aiaa, t. .. parlY:of the secon i.prAl... . ..�. ... .. .. iVIVN.ESS.ETHt .. That Bessie -Sears Orrall, in consideration of the sum of ONE HUNDRED THOUSAND DOLLARS (8100, 000, 00), 1n hand paid by the STATE OF NORTH CiAHOLINA; the rocelpt of which is hereby acknowledged, has bargained ' ' - ' and�aold and by those prasegts does hereby bargain, sell and conveyunto the .. STATE OF NORTH CAROLINA, and Its successors and assigns forever the following described tract or parcel of land In Federal Point Township, New Hgorer • County. North. Carolina, bounded and described q follows, to -wit, BF.(IINNB40 at an old Iron pipe, the Northwestern corner of the trail conveyed to the Slate of North Carolina by Dead recorded In Book GOOF At Page gqg,.: of the New Hanover County Registry,'. -" - aid pipe -being In the "my Point Taking Line; meeting thence ' • - from aid lie glndifig . Point North 30. degrees 18 minutes East. along said Taking lane 600.0 feel to an old Iron pipe; thence. ' . • South 58 degreos 05 minutes Eat 1L80. 44 test to an iron pipe ' IIIIIIIIIII In the Western line of U. 'ti. Highway, 0421 (00 toot rlglitrof-Nsy{t thence South 50 degrees 05 minutes East 61, 12 feet to on Iron ' pipe in the L•`astern line of said Highway; thence South 58 degrees 05 minutes East 368, 79 feet to an flan pipe; thence South 58 degrees 05 minutes East 105. 27 feet to a point In the high water line of the - .� Atlantic Ocean; thence South 28 de'grees.92 minutes West along said - - high water line 350.0 feet; thence South 72 degrees 19 minutes West § along Mid'high water line 374.42 febt'tp a corner of the aforementioned i • Q t' ` tract conveyed tothe State of North Carolina; thence orth 10 degrees 28 minules East along on Pasteur line'*1 aid tract'? , 6. 78 feet to a corner of names thence. North 52 degree¢ 68 minutes West. along the Northern line of said State tract 665..SO feet to the Point pLBeglnningl same containing 11.01 acres, more or less, subject the 60 R... .� g right-of-way ot,U.' S. Highway 'end ,lo 1421, the.same being ti"porilon of the tract; Including key: lands lying.petween Ljte hjghwaler line and the low water line of the Atlantic "an, either now or hereafter sss aw existing as riparian rights or otherwise, and being a portion of the lands heretofore conveyed'to Thomas R; Orrell and Louis B. Orrell by - .deed trom A. C. Cantwell add. wife, recorded In Book 102,. nt Page 210, R ` Deed to Thomas . Orrell and Louis Aj Orrell front J R. Hollis.and wife, recorded in Book 168, .at Pole. 212.. and Deed from L. C,, Kure • - 'and others to Louis B..Orrelt and wife, Bessie $esro-Orre14 recorded- '.' 1n Book 207, N •Page`8?0; all.desds reAordad in the Registry of New Hanover County; Said. lands haeinf been heretofore devised by .. Will to Bessie Sears Orre.11, as w/l1'ep�ae of r0ep MAY 1622 RECEIVED DCM WILMINGTON NC j - JUN.19 r qCM MHp (a t North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Banos, Administrator Governor Roy f.,a,per Secretary D. Reid Wilson October 1, 2021 Colonel William C. Arnold, Commanding Officer U.S. Army Installation Management Command U.S. Army Garrison Military Ocean Terminal 6280 Sunny Point Road SE Southport, NC 28461-7800 Office of Archives and I listory Deputy Secretary, Darin), Waters, Ph.D. RE: Renewal of Real Estate License DACA21-3-18-0033, Fort Fisher, New Hanover County, ER 18-2250 Dear Colonel Arnold: Thank you for your September I, 2021, letter asking that we comment on the renewal of the above -reference license and its effect upon Fort Fisher and the historic properties included within the leased area. The renewal of the lease will not affect the historic site, rather under the lease the North Carolina Department of Natural and Cultural Resources has been pleased to provide protection and stewardship of the historic property, a portion of which is also a National Historic Landmark. You may wish to note for future reference that we are now the North Carolina Department of Natural and Cultural Resources. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579 or envirotmiental.review(aa7ncdcr.eov. In all future communication concerning this project, please citq tlhe above referenced tracking number. RECE IV F 1 Sincerely, �, (�y Ramona Bartos, Deputy li State Historic Preservation Officer cc: Adrienne Rogers Darin Waters, Ph.D. SHPO Tim Walton, SPO MAY 16 2022 RECEIVED DCM WILMINGTON, NC JUN 13 2022 DCM-MHD CIT�drienne.m.rogers.civ(o),mail.mil Darin. Waters(fdncdcr.eov tim.waltonAdoa.nc.gov tauearbn: I N ram loner 8 err, Raeigh ^( 2'601 Morass Addrer:46P MA Service fanar. Raleigh R( Zr6" 461' Telephone/Fax: (919)814 65A /814-68" Historic Preservation Office ER 18-2250 Due: 10/2/2021 DEPARTMENT OF THE ARMY' U.S. ARMY INSTALLATION MANAGEMENT COMMAND U.S. ARMY GARRISON MILITARY OCEAN TERMINAL, SUNNY POINT 6280 SUNNY POINT RD SE SOUTHPORT, NORTH CAROLINA 28461.7800 September 1, 2021 SUBJECT: Renew Real Estate License between Military Ocean Terminal Sunny Point (MOTSU) & Fort Fisher, New Hanover County, North Carolina, ER-2250 Ms. Renee Gledhill -Earley Environmental Review Coordinator State Historic Preservation Office, NC DNCR 4617 Mail Service Center Raleigh, North Carolina 27699-4617 Dear Ms. Gledhill -Earley: Military Ocean Terminal Sunny Point (MOTSU) is requesting a Section 106 review of the real estate license renewal for DACA21-3-18-0033 (DACA21-3-14-4047) between MOTSU and State of North Carolina, Department of Cultural Recourses (NCDCR), Division of State Historic Sites and Properties. The area under review consists of approximately 226-acres and is located along the eastern bank of the Cape Fear River just south of Kure Beach, North Carolina. The proposed action will allow NCDCR to 'oparate and manage a historical site (Fort Fisher Battleground), underwater awhaeological research facility, various parking lots and walking trails. NCDCR has held 'a real estate license on this property since 1962. Also of note, the Fort Fisher .-$Naleground is on the National Register of Historic Places. Additional information can be ; Tqurtd at https://historicsites.nc.gov/all-sitestfort-fisher. ;y If you have any questions, please contact Ms. Adrienne "AX Rogers, mental Compliance Manager, with the Division of Public Works at 910-457-8425 isApIlLat Adrienne. m. rogers. civ@mail.mii. Sincerely, iEIVE0 lliam C. Arnold COL, USA MAY 16 2022 Commanding DCM WILMINGTON. NC CORPS OF ENGINEERS U.S. ARMY • �„ w i / W oN Q N W e p: U z LLI pt <1 _ P � LEGEND -_• — f• - i 4P — License No. DACA2l-3-18-0033 G Pe , / O ,i i r'• i' i• i , SOUTH ATLNIM DMSOH MILITARY OCEAN TERMINAL SUNNY POINT uGEtSE NO.DACA-'1-3-IR-0033 GRMTEE: STATE Or NORTH CAROLNA MEN 226.00 ACRES S ' SGALE: N.T.S. DATE:W SEPTEY R 2002 Licenx No. DACA21-3-18-0033 Exhibit "A" Cul 596th Transportation Brigade Directorate of Public Works Military Ocean Terminal at Sunny Point (MOTSU) Outgrant License No. DACA21-3-18-0033 Grantee: State of North Carolina Department of Natural and Cultural Resources Area: +/- 302.98 Acres Legend X — Fence Dock Sidewalk I Road O Parking j _ _j Oulgrant Boundary O Building I� MOTSU Boundary Controlled By: Military Ocean Terminal, Sunny Point, NC RECEIVED Controlled by: Directorate of Public Works, IGI&S Program Offic CUI Category: CTI DlstributlonlDlsemination Controls: IAl a ���� DISTRIBUTION STATEMENT D. JI V ICI O Distribution authorized to Department of Defense and U.S. Dod Contractors only. Vulnerability Information. 24-AUG-2021 DCM-MWD CIi Other requests for this document shall be referred to MOTSU, DPW, IGI&S Program Office. rill POC: Sean Stewart, 910.457.8293 License No. DACA21-3-18-0033 DEPARTMENT OF THE ARMY LICENSE MILITARY OCEAN TERMINAL, SUNNY POINT NEW HANOVER COUNTY, NORTH CAROLINA THE SECRETARY OF THE, ARMY, hereinafter referred to as the Secretary, under authority of the general administrative authority of the Secretary, hereby grants to STATE OF NORTH CAROLINA, duly organized and existing under and by virtue of the laws of the State of North Carolina, with its principal office at 1321 Mail Service Center, Raleigh North Carolina 27699-1321, hereinafter referred to as the Grantee, a License for 226 acres more or less over, across, in and upon lands of the United States, as identified in Exhibit "A", attached hereto and made a part hereof, hereinafter referred to as the premises. THIS LICENSE is granted subject to the following conditions. 1. TERM This License is granted for a term of five (5) years, beginning October 1, 2017 and ending September 30, 2022, but revocable at will by the Secretary. 2. CONSIDERATION The consideration for this License shall be the construction, operation and maintenance of the premises for the benefit of the general public in accordance with the terms and conditions hereinafter set forth. 3. NOTICES All notices and correspondence to be given pursuant to this License shall be addressed, if to the Grantee to: State of North Carolina, Department of Cultural Recourses, Division of State Historic Sites and Properties, 1321 Mail Service Center, Raleigh, North Carolina 27699-1321; with a copy to: Fort Fisher Historic Site, 1610 Fort Fisher Boulevard South Kure Beach, North Carolina 28449, and if to the United States, to the US Army Corps of Engineers, Savannah District, Attention: Real Estate Division, 100 W. Oglethorpe Avenue, Savannah, Georgia 31401- 3604; or as may from time to time otherwise be directed by the parties. Notice shall be deemed to have been duly given if and when enclosed in a properly sealed envelope, or wrapper, addressed as aforesaid, and deposited, postage prepaid, in a post office regularly maintained by the United States Postal Service. 4. AUTHORIZED REPRESENTATIVES Except as otherwise specifically provided, any reference herein to "Secretary", "Real Estate Contracting Officer", or "said officer" shall include their duly authorized representatives. Any reference to "Grantee" shall include any duly authorized representatives. RECEIVED JUN 13 202Z DCM-MHD CITY License No. DACA21-3-18-0033 5. SUPERVISION BY THE INSTALLATION COMMANDER The use and occupancy of the premises shall be subject to the general supervision and approval of the Installation Commander, Military Ocean Terminal, Sunny Point, hereinafter referred to as said officer, and subject to such rules and regulations as may be prescribed from time to time by said officer. 6. APPLICABLE LAWS AND REGULATIONS The Grantee shall comply with all applicable Federal, state, county and municipal laws, ordinances and regulations wherein the premises are located. 7. CONDITIONAL USE BY GRANTEE The exercise of the privileges herein granted shall be: a, without cost or expense to the United States; b. subject to the right of the United States to improve, use or maintain the premises. c. subject to other outgrants of the United States on the premises. d. personal to the Grantee, and this License, or any interest therein, may not be transferred or assigned. 8. CONDITION OF PREMISES The Grantee acknowledges that it has inspected the premises, knows its W. 12t,9q and understands that the same is granted without any representations or warranties what oMAnd without any obligation on the part of the United States. MAY 9. COST OF UTILITIES DCM WILMINGTON, NC. The Grantee shall pay the cost, as determined by the officer having immediate supervision over the premises, of producing and/or supplying any utilities and other services furnished by the Government or through Government -owned facilities for the use of the Grantee, including the Grantee's proportionate share of the cost of operation and maintenance of the Government -owned facilities by which such utilities or services are produced or supplied. The Government shall be under no obligation to furnish utilities or services. Payment shall be made in the manner prescribed by the officer having such jurisdiction. 10. PROTECTION OF PROPERTY The Grantee shall keep the premises in good order and in a clean, safe condition by and at the expense of the Grantee. The Grantee shall be responsible for any damage that may be caused to the property of the United States by the activities of the Grantee under this License, and shall RECEIVED JUN 13 2022 DCM-MHD CITY License No. DACA21-3-18-0033 exercise due diligence in the protection of all property located on the premises against fire or damage from any and all other causes. Any property of the United States damaged or destroyed by the Grantee incident to the exercise of the privileges herein granted shall be promptly repaired or replaced by the Grantee to a condition satisfactory to said officer, or at the election of said officer, reimbursement made therefor by the Grantee in an amount necessary to restore or replace the property to a condition satisfactory to said officer. 11. RESTORATION On or before the expiration of this License or its termination by the Grantee, the Grantee shall vacate the premises, remove the property of the Grantee, and restore the premises to a condition satisfactory to said officer. if, however, this License is revoked, the Grantee shall vacate the premises, remove said property and restore the premises to the aforesaid condition within such time as the said officer may designate. In either event, if the Grantee shall fail or neglect to remove said property and restore the premises, then, at the option of said officer, the property shall either become the property of the United States without compensation therefor, or said officer may cause the property to be removed and no claim for damages against the United States or its officers or agents shall be created by or made on account of such removal and restoration work. The Grantee shall also pay the United States on demand any susm which may be expended by the United States after the expiration, revocation, or termination of this License in restoring the premises. 12. NON-DISCRIMINATION a. The Grantee shall not discriminate against any person or persons because of race, color, age, sex, handicap, stational origin or religion. b. The Grantee, by acceptance of this License, is receiving a type of Federal assistance and, therefore, hereby gives assurance that it will comply with the provisions of Title VI of the Civil Rights Act of 1964 as amended (42 U.S.C. Section 2000d); the Age Discrimination Act of 1975 (42 U.S.C. Section 6102); the Rehabilitation Act of 1973, as amended (29 U.S.C. Section 794); and all requirements imposed by or pursuant to the Directive of the Department of Defense (32 CFR Part 195) issued as Department of Defense Directive 5500.11 and 1020,1, and Army Regulation 600-7. This assurance shall be binding on the Grantee, its agents, successors, transferees, and assignees. 13. TERMINATION This License may be terminated by the Grantee at any time by giving the Real Estate Contracting Officer at least ten (10) days notice in writing provided that no refund by the United States of any consideration previously paid shall be made and provided further, that in the event that said notice is not given at least ten (10) days prior to the rental due date, the Grantee shall be required to pay the consideration for the period shown in the Condition on CONSIDERATION. RECEIVED JUN 13 2022 DCM-MHD CITY License No. DACA21-3-18-0033 14. ENVIRONMENTAL PROTECTION a. Within the limits of their respective legal powers, the parties to this License shall protect the premises against pollution of its air, ground and water. The Grantee shall comply with any laws, regulations, conditions, or instructions affecting the activity hereby authorized if and when issued by the Environmental Protection Agency, or any Federal, state, interstate or local governmental agency having jurisdiction to abate or prevent pollution. The disposal of any toxic or hazardous materials within the premises is specifically prohibited. Such regulations, conditions, or instructions in effect or prescribed by said Environmental Protection Agency, or any Federal, state, interstate or local governmental agency are hereby made a condition of this License. The Grantee shall not discharge waste or effluent from the premises in such a manner that the discharge will contaminate streams or other bodies of water or otherwise become a public nuisance. b. The Grantee will use all reasonable means available to protect the environment and natural resources, and where damage nonetheless occurs from the Grantee's activities, the Grantee shall be liable to restore the damaged resources. c. The Grantee must obtain approval in writing from said officer before any pesticides or herbicides are applied to the premises. 15. HISTORIC PRESERVATION The Grantee shall not remove or disturb, or cause or permit to be removed or disturbed, any historical, archeological, architectural or other cultural artifacts, relics, remains or objects of antiquity. In the event such items are discovered on the premises, the Grantee shall immediately notify said officer and protect the site and the material from further disturbanciRI VJN4j(fpfficer gives clearance to proceed. MAY ] 6 202 16. DISCLAIMER DCM W1%NGTPN This License is effective only insofar as the rights of the United States in thhe prei tses re concerned; and the Grantee shall obtain any permit or License which may be required by Federal, state, or local statute in connection with the use of the premises. It is understood that the granting of this License does not preclude the necessity of obtaining a Department of the Army permit for activities which involve the discharge of dredge or fill material or the placement of fixed structures in the waters of the United States, pursuant to the provisions of Section 10 of the Rivers and Harbors Act of 3 March 1899 (33 USC Section 403), and Section 404 of the Clean Waters Act (33 USC Section 1344). 17. COMPLIANCE WITH EXECUTIVE ORDER (EO) NO.13658 Any reference in this section to "prime contractor" or `contractor" shall mean the State of North Carolina and any reference to "contract" shall refer License No. DACA21-3-18-0033. RECEIVED JUN 13 2022 DCL1401-11) CITY License No. DACA21-3-18-0033 (a) The parties expressly stipulate this contract is subject to Executive Order 13658, the regulations issued by the Secretary of Labor in 29 CFR part 10 pursuant to the Executive Order, and the following provisions. (b) Minimum Wages. (1) Each worker (as defined in 29 CFR 10.2) engaged in the performance of this contract by the prime contractor or any subcontractor, regardless of any contractual relationship which may be alleged to exist between the contractor and worker, shall be paid not less than the applicable minimum wage under Executive Order 13658. (2) The minimum wage required to be paid to each worker performing work on or in connection with this contract between January I, 2015 and December 31, 2015 shall be $10.10 per hour. The minimum wage shall be adjusted each time the Secretary of Labor's annual determination of the applicable minimum wage under section 2(a)(ii) of Executive Order 13658 results in a higher minimum wage. Adjustments to the Executive Order minimum wage under section 2(a)(ii) of Executive Order 13658 will be effective for all workers subject to the Executive Order beginning January I of the following year. If appropriate, the contracting officer, or other agency official overseeing this contract shall ensure the contractor is compensated only for the increase in labor costs resulting from the annual inflation increases in the Executive Order 13658 minimum wage beginning on January 1, 2016. The Secretary of Labor will publish annual detenminations in the Federal Register no later than 90 days before such new wage is to take effect. The Secretary will also publish the applicable minimum wage on www.wdol.gov (or any successor Web site). The applicable published minimum wage is incorporated by reference into this contract. (3) The contractor shall pay unconditionally to each worker all wages due free and clear and without subsequent deduction (except as otherwise provided by 29 CFR 10.23), rebate, or kickback on any account. Such payments shall be made no later than one pay period following the end of the regular pay period in which such wages were earned or accrued. A pay period under this Executive Order may not be of any duration longer than semi-monthly. (4) The prime contractor and any upper -tier subcontractor shall be responsible for the compliance by any subcontractor or lower -tier subcontractor with the Executive Order minimum wage requirements. In the event of any violation of the minimum wage obligation of this clause, the contractor and any subcontractor(s) responsible therefore shall be liable for the unpaid wages. (5) If the commensurate wage rate paid to a worker on a covered contract whose wages are calculated pursuant to a special certificate issued under 29 U.S.C. 214(c), whether hourly or piece rate, is less than the Executive Order minimum wage, the contractor must pay the Executive Order minimum wage rate to achieve compliance with the Order. If the commensurate wage due under the certificate is greater than the Executive Order minimum wage, the contractor must pay the 14(c) worker the greater commensurate wage. (c) Withholding. The agency head shall upon its own action or upon written request of :IVED JUN 13 2022 DCM-MHD CITY License No. DACA21-3-18-0033 an authorized representative of the Department of Labor withhold or cause to be withheld from the prime contractor under this or any other Federal contract with the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay workers the full amount of wages required by Executive Order 13658. (d) Contract Suspension/Contract Termination/Contractor Debarment. In the event of a failure to pay any worker all or part of the wages due wider Executive Order 13658 or 29 CFR part 10, or a failure to comply with any other term or condition of Executive Order 13658 or 29 CFR part 10, the contracting agency may on its own action or after authorization or by direction of the Department of Labor and written notification to the contractor, take action to cause suspension of any further payment, advance or guarantee of funds until such violations have ceased. Additionally, any failure to comply with the requirements of this clause may be grounds for termination of the right to proceed with the contract work. In such event, the Government may enter into other contracts or arrangements for completion of the work, charging the contractor in default with any additional cost. A breach of the contract clause may be grounds for debarment as a contractor and subcontractor as provided in 29 CFR 10,52. (e) The contractor may not discharge any part of its minimum wage obligation under Executive Order 13658 by furnishing fringe benefits or, with respect to workers whose wages are governed by the Service Contract Act, the cash equivalent thereof. (f) Nothing herein shall relieve the contractor of any other obligation under Federal, State or local law, or under contract, for the payment of a higher wage to any worker, nor shall a lower prevailing wage under any such Federal, State, or local law, or under contract, entitle a contractor to pay less than $10.10 (or the minimum wage as established each January thereafter) to any worker. (g) Payroll Records. (1) The contractor shall make and maintain for three years records containing the information specified in paragraphs (g)(1) (i) through (vi) of this section for each worker and shall make the records available for inspection and transcription by authorized representatives of the Wage and Hour Division of the U.S. Department of Labor: �2F(;F 1VFf: (i) Name, address, and social security number. MAY 16 202 (ii) The worker's occupation(s) or classification(s) (iii) The rate or rates of wages paid. WILMINGTON NC (iv) The number of daily and weekly hours worked by each wort GM (v) Any deductions made; and (vi) Total wages paid. (2) The contractor shall also make available a copy of the contract, as applicable, for inspection or transcription by authorized representatives of the Wage and Hour Division. (3) Failure to make and maintain or to make available such records for inspection and transcription shall be a violation of 29 CFR part 10 and this contract, and in the case of RECEIVED JUN 13 2022 DCft1-NIHD CITY License No. DACA21-3-18-0033 failure to produce such records, the contracting officer, upon direction of an authorized representative of the Department of Labor, or under its own action, shall take such action as may be necessary to cause suspension of any further payment or advance of funds until such time as the violations are discontinued. (4) The contractor shall permit authorized representatives of the Wage and Hour Division to conduct investigations, including interviewing workers at the worksite during normal working hours. (5) Nothing in this clause limits or otherwise modifies the contractor's payroll and recordkeeping obligations, if any, under the Davis -Bacon Act, as amended, and its implementing regulations; the Service Contract Act, as amended, and its implementing regulations; the Fair Labor Standards Act, as amended, and its implementing regulations; or any other applicable law. (It) The contractor (as defined in 29 CFR 10.2) shall insert this clause in all of its covered subcontracts and shall require its subcontractors to include this clause in any covered lower -tier subcontracts. The prime contractor and any upper -tier subcontractor shall be responsible for the compliance by any subcontractor or lower -tier subcontractor with this contract clause. (i) Certification of Eligibility. (I ) By entering into this contract, the contractor (and officials thereof) certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of the sanctions imposed pursuant to section 5 of the Service Contract Act, section 3(a) of the Davis -Bacon Act, or 29 CFR 5.12(a)(1). (2) No part of this contract shall be subcontracted to any person or firm whose name appears on the list of persons or firms ineligible to receive Federal contracts. (3) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. 0) Tipped employees. In paying wages to a tipped employee as defined in section 3(t) of the Fair Labor Standards Act, 29 U.S.C. 203(t), the contractor may take a partial credit against the wage payment obligation (tip credit) to the extent permitted under section 3(a) of Executive Order 13658. In order to take such a tip credit, the employee must receive an amount of tips at least equal to the amount of the credit taken; where the tipped employee does not receive sufficient tips to equal the amount of the tip credit the contractor must increase the cash wage paid for the workweek so that the amount of cash wage paid and the tips received by the employee equal the applicable minimum wage under Executive Order 13658. To utilize this proviso: (1) The employer must inform the tipped employee in advance of the use of the tip credit; >ECEIVED IUN 13 2022 DCM-MHD CITY License No. DACA21-3-18-0033 (2) The employer must inform the tipped employee of the amount of cash wage that will be paid and the additional amount by which the employee's wages will be considered increased on account of the tip credit; (3) The employees must be allowed to retain all tips (individually or through a pooling arrangement and regardless of whether the employer elects to take a credit for tips received); and (4) The employer must be able to show by records that the tipped employee receives at least the applicable Executive Order minimum wage through the combination of direct wages and tip credit. (k) Antiretaliation. it shall be unlawful for any person to discharge or in any other manner discriminate against any worker because such worker has filed any complaint or instituted or caused to be instituted any proceeding under or related to Executive Order 13658 or 29 CFR part 10, or has testified or is about to testify in any such proceeding. (1) Disputes concerning labor standards. Disputes related to the application of Executive Order 13658 to this contract shall not be subject to the general disputes clause of the contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR part 10. Disputes within the meaning of this contract clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the workers or their representatives. (m) Notice. The contractor must notify all workers performing work on or in connection with a covered contract of the applicable minimum wage rate under the Executive Order. With respect to service employees on contracts covered by the Service Contract Act and laborers and mechanics on contracts covered by the Davis -Bacon Act, the contractor may meet this requirement by posting, in a prominent and accessible place at (lie worksite, the applicable wage determination under those statutes. With respect to workers performing work on or in connection with a covered contract whose wages are governed by the FLSA, the contractor must post a notice provided by the Department of Labor in a prominent and accessible place at the worksite so it may be readily seen by workers. Contractors that customarily post notices to workers electronically may post the notice electronically provided such electronic posting..y� tS�l prominently on any Web site that is maintained by the contractor, whether exten1A0$ut)erna�1=T,l, and customarily used for notices to workers about terms and conditions of employmAat M�f (n) if a duly authorized representative of the United States discovers or determines, whether before or subsequent to executing this contract, that an erroneous dRfrMi1% iM;NG1ON. Nc. regarding the applicability of Executive Order 13658 was made, contractor, to the extent permitted by law, agrees to indenmify and hold harniless the United States, its officers, agents, and employees, for and from any and all liabilities, losses, claims, expenses, suits, fines, penalties, judgments, demands or actions, costs, fees, and damages directly or indirectly arising out of, caused by, related to, resulting from or in any way predicated upon, in whole or in part, the erroneous Executive Order 13658 determination. This includes contractor releasing any claim JUN 13 2022 DCM -MHD CITY License No. DACA21-3-18-0033 or entitlement it would otherwise have to an equitable adjustment to the contract and indemnifying and holding harmless the United States from the claims of subcontractors and contractor employees. 18. COMPLIANCE WITH EXECUTIVE ORDER (EO) NO. 13706 Any reference in this section to "prime contractor" or "contractor" shall mean the State of North Carolina and any reference to "contract" shall refer to License No. DACA21-3-18-0033. (a) Executive Order 13706. This contract is subject to Executive Order 13706, the regulations issued by the Secretary of Labor in 29 CFR part 13 pursuant to the Executive Order, and the following provisions. (b) Paid sick leave. (1) The contractor shall permit each employee (as defined in 29 CFR 13.2) engaged in the performance of this contract by the prime contractor or any subcontractor, regardless of any contractual relationship that may be alleged to exist between the contractor and employee, to earn not less than 1 hour of paid sick leave for every 30 hours worked. The contractor shall additionally allow accrual and use of paid sick leave as required by Executive Order 13706 and 29 CFR part 13. The contractor shall in particular comply with the accrual, use, and other requirements set forth in 29 CFR 13.5 and 13.6, which are incorporated by reference in this contract. (2) The contractor shall provide paid sick leave to all employees when due free and clear and without subsequent deduction (except as otherwise provided by 29 CFR 13.24), rebate, or kickback on any account. The contractor shall provide pay and benefits for paid sick leave used no later than one pay period following the end of the regular pay period in which the paid sick leave was taken. (3) The prime contractor and any upper -tier subcontractor shall be responsible for the compliance by any subcontractor or lower -tier subcontractor with the requirements of Executive Order 13706, 29 CFR part 13, and this clause. (c) Withholding. The contracting officer shall, upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the prime contractor under this or any other Federal contract with the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay employees the full amount owed to compensate for any violation of the requirements of Executive Order 13706, 29 CFR part 13, or this clause, including any pay and/or benefits denied or lost by reason of the violation; other actual monetary losses sustained as a direct result of the violation, and liquidated damages. (d) Contract Suspension/Contract Termination/Contractor Debarment. In the event of a failure to comply with Executive Order 13706, 29 CFR part 13, or this clause, the contracting agency may on its own action or after authorization or by direction of the Department of Labor JUN 13 2022 DCh1-MHD CITY License No. DACA21-3-18-0033 and written notification to the contractor, take action to cause suspension of any further payment, advance, or guarantee of funds until such violations have ceased. Additionally, any failure to comply with the requirements of this clause may be grounds for termination of the right to proceed with the contract work. in such event, the Govemntent may enter into other contracts or arrangements for completion of the work, charging the contractor in default with any additional cost. A breach of the contract clause may be grounds for debarment as a contractor and subcontractor as provided in 29 CFR 13.52. (e) The paid sick leave required by Executive Order 13706, 29 CFR part 13, and this clause is in addition to a contractor's obligations under the Service Contract Act and Davis - Bacon Act, and a contractor may not receive credit toward its prevailing wage or fringe benefit obligations under those Acts for any paid sick leave provided in satisfaction of the requirements of Executive Order 13706 and 29 CFR part 13. (f) Nothing in Executive Order 13706 or 29 CFR part 13 shall excuse noncompliance with or supersede any applicable Federal or State law, any applicable law or municipal ordinance, or a collective bargaining agreement requiring greater paid sick leave or leave rights titan those established under Executive Order 13706 and 29 CFR part 13. (g) Recordkeeping. (1) Any contractor performing work subject to Executive Order 13706 and 29 CFR part 13 must make and maintain, for no less than three, (3) years from the completion of the work on the contract, records containing the information specified in paragraphs (i) through (xv) of this section for each employee and shall make them available for inspection, copying, A. transcription by authorized representatives of the Wage and Hour Division of the U y,-- 1t1F.=17 Department of Labor: MAY 1. fi 2021 (i) Name, address, and Social Security number of each empl ee- (ii) The employee's occupation(s) or classification(s); VCM Wil-MINGTON, NC: (iii) The rate or rates of wages paid (including all pay and benefits provided); (iv) The number of daily and weekly hours worked; (v) Any deductions made; (vi) The total wages paid (including all pay and benefits provided) each pay period; (vii) A copy of notifications to employees of the amount of paid sick leave the employee has accrued, as required under 29 CFR 13.5(a)(2); (viii) A copy of employees' requests to use paid sick leave, if it) writing, or, if not in writing, any other records reflecting such employee requests; (ix) Dates and amounts of paid sick leave taken by employees (unless a contractor's paid time off policy satisfies the requirements of Executive Order 13706 and 29 CFR part 13 as described in § 13.5(f)(5), leave must be designated in records as paid sick leave pursuant to Executive Order 13706); (x) A copy of any written responses to employees' requests to use paid sick leave, including explanations for any denials of such requests, as required under 29 CFR 13.5(d)(3); 10 JUN 13 2022 DCM-M, HD CiTY License No. DACA21-3-I8-0033 (xi) Any records reflecting the certification and documentation a contractor may require an employee to provide under 29 CFR 13.5(e), including copies of any certification or documentation provided by an employee; (xii) Any other records showing any tracking of or calculations related to an employee's accrual or use of paid sick leave; (xiii) The relevant covered contract; (xiv) The regular pay and benefits provided to an employee for each use of paid sick leave; and (xv) Any financial payment made for unused paid sick leave upon a separation from employment intended, pursuant to 29 CFR 13.5(bx5), to relieve a contractor from the obligation to reinstate such paid sick leave as otherwise required by 29 CFR 13.5(b)(4). (2) (i) if a contractor wishes to distinguish between an employee's covered and non- covered work, the contractor must keep records or other proof reflecting such distinctions. Only if the contractor adequately segregates the employee's time will time spent on non -covered work be excluded from hours worked counted toward the accrual of paid sick leave. Similarly, only if that contractor adequately segregates the employee's time may a contractor properly refuse an employee's request to use paid sick leave on the ground that the employee was scheduled to perform non -covered work during the time she asked to use paid sick leave. (ii) If a contractor estimates covered hours worked by an employee who performs work in connection with covered contracts pursuant to 29 CFR 13.5(a)(i) or, (iii) the contractor must keep records or other proof of the verifiable information on which such estimates are reasonably based. Only if the contractor relies on an estimate that is reasonable and based on verifiable information will an employee's time spent in connection with non -covered work be excluded from hours worked counted toward the accrual of paid sick leave. If a contractor estimates the amount of time an employee spends performing in connection with covered contracts, the contractor must permit the employee to use her paid sick leave during any work time for the contractor. (3) In the event a contractor is not obligated by the Service Contract Act, the Davis- Bacon Act, or the Fair Labor Standards Act to keep records of an employee's hours worked, such as because the employee is exempt from the FLSA's minimum wage and overtime requirements, and the contractor chooses to use the assumption permitted by 29 CFR 13.5(a)(1)(iii), the contractor is excused from the requirement in paragraph (])(d) of this section to keep records of the employee's number of daily and weekly hours worked. (4) (i) Records relating to medical histories or domestic violence, sexual assault, or stalking, created for purposes of Executive Order 13706, whether of an employee or an employee's child, parent, spouse, RECEIVED JUN 13 2022 DCM-MHD CITY License No. DACA21-3-18-0033 domestic partner, or other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship, shall be maintained as confidential records in separate files/records from the usual personnel files. (ii) If the confidentiality requirements of the Genetic Information Nondiscrimination Act of 2008 (GINA), section 503 of the Rehabilitation Act of 1973, and/or the Americans with Disabilities Act (ADA) apply to records or documents created to comply with the recordkeeping requirements in this contract clause, the records and documents must also be maintained in compliance with the confidentiality requirements of the GINA, section 503 of the Rehabilitation Act of 1973, and/or ADA as described in 29 CFR 1635.9, 41 CFR 60-741.23(d), and 29 CFR 1630.14(c)(1), respectively. (iii) The contractor shall not disclose any documentation used to verify the need to use 3 or more consecutive days of paid sick leave for the purposes listed in 29 CFR 13.5(c)(1)(iv) (as described in 29 CFR 13.5(e)(1)(ii)) and shall maintain confidentiality about any domestic abuse, sexual assault, or stalking, unless the employee consents or when disclosure is required by law. (5) The contractor shall permit authorized representatives of the Wage and Hour Division to conduct interviews with employees at the worksite during normal working hours. (6) Nothing in this contract clause limits or otherwise modifies the contractor's recordkeeping obligations, if any, under the Davis -Bacon Act, the Service Contract Act, the Fair Labor Standards Act, the Family and Medical Leave Act, Executive Order 13658, their respective implementing regulations, or any other applicable law. (h) The contractor (as defined in 29 CFR 13.2) shall insert this claui�itlhAftits covered subcontracts and shall require its subcontractors to include this cla�se in any covered lower -tier subcontracts. MAY 16 20: (i) Certification of Eligibility. I)CMWILMINGTbN (1) By entering into this contract, the contractor (and officials thereof) certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of the sanctions imposed pursuant to section 5 of the Service Contract Act, section 3(a) of the Davis -Bacon Act, or 29 CFR 5.12(a)(1). (2) No part of this contract shall be subcontracted to any person or firm whose name appears on the list of persons or firms ineligible to receive Federal contracts currently maintained on the System for Award Management Web site, http://www.SAM.gov. (3) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. RECEIVED 12 JUN 13 2022 DCA1-NIHD CITY License No. DACA21-3-18-0033 0) Interference/Discrimination. (1) A contractor may not in any manner interfere with an employee's accrual or use of paid sick leave as required by Executive Order 13706 or 29 CFR part 13. interference includes, but is not limited to, miscalculating the amount of paid sick leave an employee has accrued, denying or unreasonably delaying a response to a proper request to use paid sick leave, discouraging an employee from using paid sick leave, reducing an employee's accrued paid sick leave by more than the amount of such leave used, transferring an employee to work on non -covered contracts to prevent the accrual or use of paid sick leave, disclosing confidential information contained in certification or other documentation provided to verify the need to use paid sick leave, or making the use of paid sick leave contingent on the employee's finding a replacement worker or the fulfillment of the contractor's operational needs. (2) A contractor may not discharge or in any other manner discriminate against any employee for: (i) Using, or attempting to use, paid sick leave as provided for under Executive Order 13706 and 29 CPR part 13; (ii) Filing any complaint, initiating any proceeding, or otherwise asserting any right or claim under Executive Order 13706 and 29 CFR part 13; (iii) Cooperating in any investigation or testifying in any proceeding under Executive Order 13706 and 29 CFR part 13; or (iv) Informing any other person about his or her rights under Executive Order 13706 and 29 CFR part 13. (k) Waiver. Employees cannot waive, nor may contractors induce employees to waive, their rights under Executive Order 13706, 29 CFR part 13, or this clause. (1) Notice. The contractor must notify all employees performing work on or in connection with a covered contract of the paid sick leave requirements of Executive Order 13706, 29 CFR part 13, and this clause by posting a notice provided by the Department of Labor in a prominent and accessible place at the worksite so it may be readily seen by employees. Contractors that customarily post notices to employees electronically may post the notice electronically, provided such electronic posting is displayed prominently on any Web site that is maintained by the contractor, whether external or internal, and customarily used for notices to employees about terns and conditions of employment. (m) Disputes concerning labor standards. Disputes related to the application of Executive Order 13706 to this contract shall not be subject to the general disputes clause of the contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR part 13. Disputes within the meaning of this contract clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. RECEIVED 13 ,IUN 13 2022 Dchl-°t mo CiTY License No. DACA21-3-18-0033 19. SPECIAL CONDITIONS a. In the event this License is renewed by a similar instrument, then Condition No. 11 hereof, will not be applicable. b. This License replaces DACA21-3-14-4047 which was granted to State of North Carolina for a five (5) year term beginning October 1, 2012 and ending September 30, 2017. c. The Grantee acknowledges that the premises are located within the buffer zone for contingency operations at Military Ocean Terminal, Sunny Point, and are subject to safety requirements oriented for the protection of the public and personnel. The Grantee shall evacuate the premises immediately upon notification by the said officer that operational contingencies will be initiated at Military Ocean Terminal, Sunny Point, and the Grantee will implement measures to prevent the public and any personnel access to the premises until notification by the said officer that the evacuation can be terminated. {SIGNATURE PAGES TO FOLLOW} THIS LICENSE is not subject to Title 10, United States Code, Section 2662, as amended. IN WITNESS WHEREOF, I have hereunto set my hand by authority of the Secretary of the Army this 3/ 6-1- day of d 6;7 6Sk 2018. RECEIVED �M MA v 16 2022 Rober*M Jewell r)t;M WILMINGION NC, Savannar Distract Deouty DIV Real estate DiviSIC0 Rea, Estate C;onuacong Officer RECEIVED 14 JUN 13 2022 DCM-MHD CITY License No. DACA21-3-18-0033 THIS LICENSE is also executed by the grantee this ,.Zr dday of2018. STATF, OF NORTH CAROLINA By: .9 Gove or ATTEST: Secretary of Stat APPROVED AS TO FORM: JO. ST TN, All ney General By: i Specia DeputMttor y General STATE OF NORTH CAROLINA COUNTY OF WAKE I, �,P1112ei i C7 "A oa , a Notary Public for County, North Carolina, do certify that ELAINE F. MARSHALL, Secretary of State of the State of North Carolina, personally came before me this day and acknowledged that she is Secretary of State of the State of North Carolina, and that by authority duly given and as an act of the State, the foregoing instrument was signed in its name by ROY COOPER, Governor of the State of North Carolina, sealed with the Great Seal of the State of North Carolina, and attested by herself as Secretary of State. IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal, this the �3`d day of AmA4 2018. My Commission Expires: —" •dal BAUGHMANNotary Public Johnston County Ste of North Corolina ^''[Com"'NN'LL mission Expires �l��la�l 15 RECEIVED JUN 13 2022 DCM-;VIVID CITY [External] Renew Real Estate License between MOTSU and Fort Fisher, ER-2250 (UNCLASSIFIED) Rogers, Adrienne M CIV USARMY 596 TRANS BDE (USA) <adrienne.m.rogers.civ@mail.mil> Thu 9/2/2021 10:50 AM To: Gledhill-earley, Renee <renee.gledhill-earley@ncdcr.gov> Cc: DCR - Environmental -Review <Environmental.Review@ncdcr.gov> 0 1 attachments (4 MB) [External) Renew Real Estate License between MOTSU and Fort Fisher, ER-2250 (UNCLASSIFIED); CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam.<mailto:report.s�@nc.gov> RFCFIVEI:? MAY 16 2027 DCM WILMINGTON. NC RECEIVED JUN 13 2022 =14VIND CTY cuBlgn Envelope ID: 27E63955-1C1747D6-8851-265B7B03446D FILED: 03/01/2022 State historic Prescn+ation Office August 26, 2021 ER 18-2250 Fort Fisher State Historic Site 1610 S. Fort Fisher Blvd. Kure Beach, N.C. 28449 (910) 251-7340 Mr. Malcolm Charles, Garrison Manager USAG MOTSU 6280 Sunny Point Rd. SE Southport, NC 28461 Dear Ms. Charles: On September 30, 2022, the lease DACA21-3-18-0033 for 226 acres by the US Army Corps of Engineers to Fort Fisher State Historic Site will expire. Fort Fisher has maintained this lease since circa 1960 and plans to renew the license for another five-year term. Please begin the steps to renew this lease license and coordinate the process with me. Also please let us know if there is a license renewal fee and how much it is so the division can have the appropriate funds on hand. Thank you for your attention to this matter. Sincerely, _._l 'Jim Steele Historic Site Manager Cc: Bridget Jordan Jeff Bockert Chuck Lecount Tana Waits Office of Archives & History Department of Natural and Cultural Resources RF CF IVEI= MAY 16 7011' pCM WII_MINGTON, NC RECEIVED JUN 13 2022 (MIX"AHD CITY North Carolina Department of Administration State Property Office Roy Cooper, Governor December 7, 2021 MEMORANDUM TO: Dawn Crocker Natural and Cultural Resources FROM: Tim Walton),, jt)a,Q,6r`.. Director RE: Council of State Approval File No. 65-5.1 Pamela B. Cashwell $enetary / Tim Walton olrector This is to advise you that the Council of State, at its meeting held on the above date, approved the attached item. This matter will be referred to the Attorney General's Office at the appropriate time for preparation of documents. In the meantime, if you have any questions regarding this transaction, please contact Allen Meadows of this office. AM:tm Attachment C: Mark Teague, AG's Office RECEIVED State of North CamBre I State PropertyOffice 116 Wert]nresStrmt, Sulte 40551 1321 Mail5erviceCtr I Ralegh,NC27699 JUN 13 2F? 9842360270 TI Web:http://w ,ncspo.wm DCM-b9HD CITY ACQUISITION BY LICENSE ITEM 1 LESSOR: United States of America Secretary of the Amry LESSEE: State of NC, Department of Natural and Cultural Resources, Division of State Historic Sites and Properties LOCATION: Fort Fisher State Historic Site and Recreational Area, Sunny Point Military Ocean Terminal, Kure Beach, New Hanover County TERM: Five years effective October 1, 2022 or possession AREA: ±266 acres ANNUAL RENTAL: $1.00 for the term COMMENTS: Renewal License. Renewal of an existing 5-year license for restoration, preservation and maintenance of Fort Fisher as a public historic site. Not advertised pursuant to G.S. § 146-25.1.a. Licensor is a governmental unit. 100% State Funds. ( CFIVI71:� MAY l 6 202"l DCM WILMINGTON. NC RECEIVED JUN 13 ZL? DCNI-.%IHD CITY 311/22, 8:19 AM Mail - DCR - Environmental Review - Outlook FW: COS Approval Letter ER 18-2250 Gledhill-earley, Renee <renee.gledhill-earley@ncdcr.gov> Mon 2/28/2022 9:55 AM To: DCR - Environmental -Review <Environmental.Review@ncdcr.gov> Skylar: Please add these to the file. No response needed by us. Just making sure we all know the lease renewal happened. Thanks. Renee Gledhill -Earley Environmental Review Coordinator State Historic Preservation Office 109 E Jones St MSC 4617 Raleigh, NC 27699 919 814 6579 nfftrr #SlayStrongNC Learn more @nc.gov/covidl9 And don't forget your Ws! Wear. Wait. Wash. WEAR a face covering. WAIT 6 feet apart from other people. WASH your hands often. "COVID-19 has changed the way we accept non -electronic mail. See below." ■umma •���• NC DEPARTMENT OF iMi NATURAL AND CULTURAL RESOURCES Oman Email correspondence to and from this address is subject to the North Carolina Public Records Law and maybe disclosed to third parties. Please Note: Requests for project review or responses to our review comments should be sent to our Environmental Review emallbox at envlronmental.revlew ncdcr gov Otherwise, I will have to return your request and ask that you send it to the proper mailbox. This will cause delays in your project. Information on email project submittal is at: httpE //www. ncdcr,gov/state-historic-preservation-office/environ mental- v' w pLoject-review-checklist Couriered items from USPS, FedEx, UPS AND hand delivered items will only be accepted at the loading bay door located on Wilmington St, between the hours of BAM-Noon M-F.Applicants should knock/ring the door bell at the loading bay entrance door. No packages should be left outside the staled hours. We CANNOT be responsltilJ 6livrD them. REECLL From: Crocker, Dawn B <dawn.crocker@ncdcr.gov> Sent: Monday, February 28, 2022 9:43 AM JNN 13 2022 bekt-UH0 CITY https:iloutlook.olf ce.com/mail/Environmental.Revlew@ncdcr.gov/int>ox/idiAAMkAGY4YTgyMIVILWEyYmMtNGIwNCI hMml4LTEwYzkl NzExNzgOYOB... 1/3 311/22, 8:19 AM Mail - DCR - Environmental —Review - Outlook To: Gledhill-earley, Renee <renee.gledhill-earley@ncdcr.gov>; Bartos, Ramona <Ramona.Bartos@ncdcr.gov> Subject: FW: COS Approval Letter Good morning This was approved during the December 2021 COS meeting. It is to renew ER18-2250, DACA21-3-18-0033. SPO has this lease under Archives and History and not Historic Sites. Should it be changed to Historic Sites? Can I also get a copy of the letter referenced in SHPO letter? Thanks. Dawn Bridgers Crocker Fixed Asset Officer/Security Controller's Office NG uept. oT Natural ano cuiturai Kesources ■M��� •• 00 NC DEPARTMENT OF ■ONNI NATURAL AND CULTURAL RESOURCES BONNE Office: 919-814-6740 Fax: 919 733-6993 Dawn.crocker@ncdcr.gov RFCFIVFD - MAY 16 207% 109 East Jones Street, Archives and History State Library 4605 Mail Service Center r)CM WILMINGTON NC Raleigh, North Carolina 27699-4605 Twitter I Facebook I Instagram I YouTube I Linkedln Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Matthews, Teresa <teresa.matthews@doa.nc.gov> Sent: Wednesday, December 8, 2021 2:18 PM To: Crocker, Dawn B <dawn.crockgr@ncdcr.gov> Subject: COS Approval Letter Please see the attached document. Enjoy your day, RECEIVED JUN 13 2022 OW-,uND CITY https://outlook.off ce.conVmaillEnvironmental.Review@ncdcr.govlinbox/Id/AAMkAGY4YTgyMjVILWEyYmMtNGIwNC1 hMml4LTEwYzkl NzExNzgOYQB... 213 3/1122. 8:19 AM NC* DOA Department of Adminlstrebon Mall - DCR - Environmental Review - Outlook Teresa Matthews State Property Office 984 236 0270 1 main 984 236 0272 1 direct teresa,matthews@sLoa.nc.gov 116 West Jones St., Raleigh, NC 27603 1321 Mail Service Center ncadmin.nc.gov Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized state official. RECEIVED JUN 13 2022 =44411.10! C(z T hftps://outlook.orfice.comlmaillEnvironmental.Review@ncdcr.govtnbox/idlAAMkAGY4YTgyMJVILW EyYmMtNGIwNCI hMml4LTEwYzkl NzExNzgOYQB... 3l3 r%e(:UIVeU: Uy/UUILU 10 Project Name State Historic Preservation Office • State of North Carolina, Department of Cultural Recourses, Division of State Historic Sites and Properties. DACA21-3-14-4047 (current license) Project Location ER 18-2250 Military Ocean Terminal, Sunny Point (MOTSU) SDAT-PWE Due -- 9/21/18 6280 Sunny Point Road Southport Brunswick County H- • Property Location 226 Acres along the eastern bank of the Cape Fear River; south of Kure Beach, NC Ft. Fisher 1610 Ft. Fisher Blvd. South Kure Beach, NC 28449 Project Contact Information Mr. Paul Peterson, Environmental Coordinator RECFIVI- L) • SDAT-PWE, MOTSU • 6280 Sunny Point Road MAY 16 2022 • Southport, NC 28461-7800 • Phone 910-457-8425 DCM WILMINGTON. NC • Fax 910-457-8269 Paul. Peterson 10.civ@mail.mil Project Description The proposed project is for the renewal of a real estate license between MOTSU and State of North Carolina, Department of Cultural Recourses, Division of State Historic Sites and Properties (NCDCR) to operate and manage a historical site (battleground), underwater archaeological research facility, various parking lots and walking trails. NCDCR has a real estate license on this property since 1962. The property is approximately 226 acres. Fort Fisher Battleground is on National Register of Historic Places. • At this time it is not known if NCDCR is going to renovate, add or repair any structure on the site. Also, it is not known if NCDCR is going to conduct any ground disturbing activities within the license area. Project Area Documentation • Further information can be obtained by accessing your website at http://www.nchistoricsites.org/fisher/ RECEIVED JUN 13 2022 DCPA-LIHD CITY NC Division of Coastal Management Major Permit Application Computer Sheet AEC: o(4 Fee: $ �Maq# CDAITS _ MHC cc Applicant: NG \ Agent/Contractor. 1 l o .�55G k Project Site County: Staff: V U— District: Wilmington Project Name'/, vrCl[ Rover File: n/a River Basin: Initial date of application submittal: (2� ZZ Date application "received as complete" in the Field office: ( ZZ Permit Authorization: TDCAMA ❑ Dredge & Fill ❑Both SITE DESCRIPTION/PERMIT INFORMATION ORW: Yes No I PNA: Yes No Photos Taken: Yes ❑ No Setback Required (riparian): Yes No Critical Habitat: LjYes No LJNotSure 15 fool waiver obtained: Yes No Hazard Notification Returned: ❑Yes k]No SAV: ❑Yes o Not Sure Shell Bottom: ❑Yes t4No ❑ Not Temporary Impacts: ❑Yes KNo Sure Sandbags: ❑Yes MNo El Not Sure Did the lend use classification come Mitigation Required (optional): from county LUP:�IYes ❑No []Yes f�?No Moratorium Conditions: Environmental Assessment Done: ❑Yes oNo ❑NA Length of Shoreline: ❑Yea ❑No'$NA FT. Shellfish Area Designation: Project Description: (code) Development Area: (code) Open -or- C sect p C(t 8 SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) Swamp Waters (SW) ❑ High Quality Waters (HQW) ❑ Outstanding Resource Waters (ORW) WETLANDSIMPACTED ❑ (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) (SS) Glasswort (Selicornia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) (SA) Salt marsh cordgrass (Spartina (SY) Salt reed grass (Spartina alternifiora) cynosuroides) ❑ (DS) Salt or spike grass (Distichlis ❑ (SC) Bullrush or three square (Scirpus El CM Cattail (Typha sp.) spicata) sp.) ❑ (JR) Black needlerush (Juncus El (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 El III(D) Priv. public or comm w/ O&F to 1 can be applied - $250 acre; 4144 can't be applied - $400 El Minor Modification to a CAMA Major El Major Modification to a CAMA Major El IV Any development involving D&F of permit - $100 permit - $250 more than i acre - $475 Permit Transfer - $100 III(B) Public or commercial w/ D&F to 1 El Express Permit - $2000 acre; 4144 can be applied - $400 ❑ Major development extension request - PFII. Public o(commorcial/no dredge RECEIVED $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; 4144 can be applied; DCM needs JUN 13 2022 DWQ agreement - $400 DCM-MHD CITY Applicant, �JL &)0'4"Q �co�TWr.�C �`�c5VrC2S Date. Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet. TYPE REPLACE Activity Name Number Chh000se Chh000se Dimension 1 Dimension 2 Dimension 3 Dimension 4 New Work j5 Replace C Maint ❑ ❑ Y N -3 New Work Maint ❑ Replace ❑ Y N nr� (W 150 140,Z]3,65 Now Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ON New Work ❑ Replace Maint ❑ ❑ Y O N New Work Replace Maint ❑ ❑ Y ❑ N Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. TOTAL Sq. Ft. FINAL Sq. Ft. TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for. (Anticipated final Habitat Name DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. 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 impacts) impactamount tamp imps a amount Dredge ❑ Fill ❑ Both ❑ Other Utamp ? Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge Fill Both ❑ Other ❑ RECEIVED JUN 13 2022 DCM-MHD CITY 919.733.2293 :: 1.888.4RCOA3T :: www.nccoaatalmanacement.net revised: 02/28118 Date Date Check From Name of Vendor Check Check Permit Rct, # Received Deposited Permit Holder Number amount Number/Comments 6/8/2022 Clark Nexsen, Inc. NC Dept of Towne 32969 $400.00 major fee, 1610 Ft. Fisher Blvd S, BH rct. Natural/Cultural Bank Kure Beach NHCo No Split 18052 Resources v 0 z m o W m G C) U v v J� Major Permit Fee Schedule Project Name: County: Check No & Amount: v N 1+ '�r?m l0 q 44-m Development Type Fee DCM % DWQ % (14300160143510009316256253) (2430016024351000952341) I. Private, non-commercial development that does not involve the filling or $250 100% ($250) 0% ($0) excavation of any wetlands or open water areas: II. Public or commercial developmen4$1400 does not involve the filling orexcav100%($400) 0%($0) of any wetlands or open water are III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C, or D below applies: III(A). Private, non-commercial development, if General Water Quality $250 100% ($250) 0% ($0) Certification No. 4175 can be applied: III(B). Public or commercial development, if General Water Quality Certification $400 100% ($400) 0% ($0) No. 4175 can be applied: III(C) - If General Water Quality Certification No. 4175 could be applied, but DCM staff determined that additional $400 60% ($240) 40% ($160) review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: III(D). If General Water Quality Certification No. 4175 cannot be applied: $400 60% ($240) 40% ($160) IV. Development that involves the filling and/or excavation of more than one acre $475 60% ($285) 40% ($190) of wetlands and/or open water areas: IN 36. ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director June 10,2022 MEMORANDUM NORTH CAROLINA Environmental Quality FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEO - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.luck(a)NCDEN R.00v SUBJECT: CAMA /D & F Applicant: NC Department of Cultural & Natural Resources Project Location: 1610 Fort Fisher Blvd. S., adj. to the Atlantic Ocean, in Kure Beach, New Hanover County Proposed Project: The applicant proposes the restoration of the existing earthwork fortifications, to construct a new visitor center with an expanded parking lot, and to construct a new underwater archeology building. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by July 6, 2022. If you have any questions regarding the proposed project, contact Bryan Hall at (910) 796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. PRINT AGENCY SIGNATURE 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 REcov JUN 13 -1w D DCW_ North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 %.J I I L. V I `J I I V/ I `J V L. 1 V I L. DEPARTMENT OF NATURAL AND CULTURAL RESOURCES FORT FISHER BLVD S tE BEACH, NC 28449 CAMA PERMIT APPLICATION kf INDEX OF DRAWINGS VICINITY MAP MW NUMBER i. p MNG PRE f01 __. _ '11I1FB11EET - mc E%BRIGCONwms suF FMB: ... E%IBiING CONWmssURYM Fl= E%IBRVG f.ON ms SUR .1mc ID:YMA WERONGNBEIBIGRW➢ — nMC nmc s�uwuraw naB: snEurourpua SITE SITE MAP B OAK rl2 "O9K +• 10 O�1K I a 0 �100?K,• OOAK 1401NE B" 10 OA B OeW j 70" 10 OA1C N I r 2 ON OOAK > I� JO' B" i CHAP.' n Vu I OAK M OOAK Q \ RIGGINGS HOYEOWIFAS ING W D.B. ice. K. SH 12 OAK PID: M20-002-0 ?-M U Lij K + �11 Q4�110A1f100AK i� I I I 10" 110AK U C 6 Wa 10"OAKd. `i I I N I - �TIN6' SlY ON `� 1?OAK / 1� 8- . y,.. /:S` A'X•TfS„7Y'6'T"0 0 WITH CHANUNK EFNCE 17OA 10 � IN USF) 14" 12.OAK 'or3 8060A h- >I OIP 6W n 210A -OAKLL6 LU B .'1 y r W_______- I I LU z I 107✓ I J I 1cm'1 I 1 1 , 1r O.B.INGS H K. I20 © 671NE .B. 20- I- - \ I / Pp. 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