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HomeMy WebLinkAbout50-15 NC Division of Parks and RecreationPe*t Cass NEW Permit Number 50-15 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission erlt for X . Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to NC Division of Parks and Recreation, PO Box 475 Carolina Beach NC 28428 Authorizing development in Onslow County at Cape Fear River, 1010 State Park Drive, Carolina Beach as requested in the permittee's application dated 219115 CMP_I) and 2/12/15 (MP-2), including the attached workplan drawings (3) all dated 1/30/15 This permit, issued on April 20, 2(115 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. Oyster Sill 1) Unless specifically altered herein, this permit authorizes the construction the oyster bag sill with associated wetland plantings that are depicted on the attached workplan drawings. 2) The alignment of the oyster sills shall be staked by the permittee and approved on site by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of any construction. 3) All oyster bags material shall be free from loose dirt or any pollutant. The oyster bags shall be of a size sufficient to prevent their movement from the approved alignment by wave or current action. (See attached sheets for Additional Conditions) I lLS permm acton may oe appemea by me permntee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2018 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 DENR and the Chairman of the Coastal Resources Commission. V Braxton t bavis, Director ision of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee NC Division of Parks and Recreation Permit #50-A Page 2 of 3 ADDITIONAL CONDITIONS 4) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters adjacent to the authorized work. 5) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 6) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 7) This permit does not authorize any fill material associated with the Coastal Wetland planting effort. Any fill material shall require additional approval by the Division of Coastal Management. 8) The oyster reef sills shall be marked with PVC pipes every 50 feet and the outer boundaries shall be marked with yellow reflectors extending at least three feet above normal high water level. Vegetation Planting 9) All plantings shall take place in accordance with the project narrative dated February 12, 2015 and the attached workplan drawings. General 10) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 11) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at httn://www.fws.eov/ne- es/mammal/manatee euidelines.pdf. 12) No Coastal Wetlands, submerged aquatic vegetation, or oysters shall be excavated or filled, even temporarily. 13) No open water areas shall be filled outside the alignment depicted on the attached workplan drawings. 14) To reduce the likelihood of construction impacts to marsh habitat adjacent to the sills, a single ingress/egress path from the uplands to the sill locations must be used. The construction pathway should be clearly marked prior to construction. NC ivisi6n of Parks and Recreation Permit #50-15 Page 3 of 3 ADDITIONAL CONDITIONS 15) This permit does not grant any property rights or exclusive privileges. 16) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 17) 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. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: The N.C. Division of Water Quality has authorized the proposed project under DWQ Project No. 15-0238. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No. SAW-2015-00503, which was issued on 4/17/15. NOTE: An application processing fee of $400 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources. RECEIVED WAR b 810b Project Narrative N M-4wrya Carolina Beach State Park Marsh and Oyster Habitat Restoration Applicant: N.C. Division of Parks and Recreation/Carolina Beach State Park Date: February 12, 2015 Background Carolina Beach State Park (CBSP) includes 290 acres of property, and --2.6 miles of estuarine shoreline, including frontage on both the Snows Cut Channel and Cape Fear River. The park has a history of eroding estuarine shoreline, owing to the effects of boat wakes, wind and storm driven waves, including seasonal storms and hurricanes. The North Carolina Coastal Federation (the Federation) has provided shoreline consultations to CBSP staff for several years, including discussions of options to provide shoreline stabilization while preserving and restoring the important natural resources provided by the estuarine shorelines and intertidal zones, and addressing the coastwide need to restore shellfish populations and habitat. In 2014, the Federation applied for and received grant funding from the Grady White Foundation to construct a living shorelineloyster reef restoration project at CBSP. Since that time, the Federation has worked with the Park staff to develop this project. At the same time, the Federation has received an offer from leadership from General Electric (GE) Hitachi Plant in Castle Hayne, to provide significant volunteer labor (up to 200 volunteers) and materials to construct the shoreline restoration project. The GE organization has only offered their services as part of the county- wide Work on Wilmington volunteer day on April 25, 2015. Consequently, the federation would like to work cooperatively with state and federal agencies through the permit process to ensure that the restoration project meets all rules and regulations, and optimizes the resources available through our project partners from the CBSP and GE Hitachi. Project Summary NCCF will work with the Carolina Beach State Park Staff, teachers, students and volunteers to create marsh and oyster habitat along the shoreline of Carolina Beach State Park along the Cape Fear River in New Hanover County, NC. This will be accomplished through a combination of marsh grass plantings, and the creation of oyster shell bag sills. 'These restoration activities will not only provide habitat for wildlife, finfish and shellfish, but will also help to stabilize the eroding shoreline of the island. The design and dimensions of the proposed sill is the minimum necessary to achieve the goal of mitigating erosion, while at the same time preservelrestore existing natural resources and park property. The created marsh and oyster habitat will help to filter nutrients and pollutants, and thereby improve the water quality of the Cape Fear River. The deployed oyster bag sill will provide substrate for the attachment of oyster larvae in these traditionally productive waters, as well as restoring habitat for finfish, shellfish and wildlife. Public education, awareness and support for the protection and restoration of coastal habitats will be expanded through public participation in the project and educational and outreach activities supported by both the Carolina Beach State Park staff and the staff of the North Carolina Coastal Federation. The site will also provide a demonstration and training site for area contractors, erosion control professionals, and area property owners, to increase the broadscale use of living shoreline measures over traditional hardening approaches. RECEIVED DCM WILMINGT0N, ND FEB 12 2815 RECEIVED MAN 0 8 2015 DCV-PIM M lA" Project Description This project will preservelrestore coastal marsh/ dune/maritime forest 610 feet of the shoreline of Carolina Beach State Park and create approximately 5,880 square feet of new oyster reef habitat adjacent to the shoreline. The overall goal of this project is to preserve and restore existing coastal marsh, fronting existing dune and maritime forest habitats along the shoreline of Carolina Beach State Park and to enhance oyster populations and habitat in waters adjacent to the shoreline. This will provide CBSP with extremely valuable estuarine habitats, for which it will become a long-term steward. Specific project objectives include: ■ Create 610' of oyster bag sill (marl bag base-1 layer, oyster bags 2 layers) along CBSP shoreline for erosion control, and habitat preservation/restoration. ■ Strategically place the newly created oyster reefs so that they help provide protection of the park's shoreline from boat and storm wave -induced erosion. ■ The 5,880 R2 of oyster bag sill will grow into a functioning oyster reef through natural oyster spat recruitment. ■ Train and engage at least 100 volunteers and 60 students through field work and classroom activities to provide support for the restoration project and monitor its success. ■ Share project results with citizens through Carolina Beach State Park's education programs, and NCCF's promotional efforts including media tours, press releases, website, presentations and training efforts. Restoration Methods and Techniques: Significant erosion exists along the shoreline of CBSP due to boat wake and storm induced waves and several hurricanes that have affected the area in the past decade. In an effort to protect and stabilize the eroding shoreline, oyster bag sill and marsh grass plantings will be strategically located along the western shoreline of the CBSP, adjacent to the Cape Fear River. These restoration techniques will also create additional coastal marsh and oyster reef habitat. The project will include a monitoring component that will be carried out as part of NCCF's and Carolina Beach State Park's educational programming to monitor the success of this shoreline stabilization and restoration techniques. The shell bag sills will be placed along 610 linear feet of shoreline. Volunteers will create the bags at stockpile sites. Federation shallow draft skiffs (with floating platforms), and CBSP shallow draft barges will transport the bags from the marina/boat dock to the project shoreline. Carolina Beach State Park employees, federation employees, volunteers, students and teachers will assist with the oyster bag sill creation, and marsh plantings. Where needed, volunteers, CBSP and federation staff will plant additional coastal marsh, using plugs of 4urtina altemiflora, planted by hand using hand tools on 2.0' center grids. RECEIVED DCM WILMINGTON, INC FEB 12 2015 DO mr-1 APPLICATION for RECEIVED MAR 0 8 2015 Major Development Permit (last revised 121271e6) North Carolina DIVISION OF COASTAL MANAGEMENT 1. PrimaryAppllcanbLandownerinfonmadon Business Name Project Name applicable) N.C. Div. Of Parks And Recreation Carolina Beach Oyster and Marsh Habitat Restoration Carolina Beach State Park Applicant 1: First Name MI Last Name James C. Helms, Park Superintendent C. Helms Applicant 2: First Name MI Last Name It adddionat applicants, please attach an adddional pages) with names listed. Mailing Address PO Box City State 475 Carolina Beach NC ZIP Country Phone No. FAX No. 28428 USA 910-458--8206 ext. 910-458-6350 Street Address (d ddferent from above) City State ZIP 1010 State Park Road Carolina Beach NC 28428- Email j.chtis.heims@ncparks.gov 2. AgenWonbacforinformallon Business Name North Carolina Coastal Federation Agent/ Contractor 1: First Name MI Last Name Tracy Skrabal Agerd/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State 309 W. Salisbury St. Wrightsville Beach NC ZIP Phone No. 1 Phone No. 2 28480 910 - 509 - 2838 ext. ext. FAX No. Contractor N 910 509 2840 Street Address (d different from above) City State ZIP 309 W. Salisbury St. Wrightsville Beach NC 28480- Email RECEIVED tracys@nocoast.org DCM WILMINGTON Form DCM MP-1 (Page;�� RECEIVED MAR 0 9 2015 APPLICATION for Major Development Permit ,'p'W i np A611P 3. Project Location County (can be multiple) Street Address State Rd. # New Hanover 1010 State Park Road 1628 Subdivision Name city State 71p Carolina Beach State Park Carolina Beach INC 28428 - Phone No. Lot No.(s) (ff many, attach additional page with list) 910 - 458 - 8206 ext. I I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Cape Fear Cape Fear River c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project she. ®Natural ❑Manmade ❑Unknown Cape Fear River e. Is proposed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed ❑Yes ®No work falls within. d. Site Descripdon a. Total length of shoreline on the tract (ft.) It. Size of entire tract (sq.ft.) —13,500 feet (-2.6 miles) 290.73 acres c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) (if many lot sizes, please attach additional page with a list) 10'-15' ®NHW or ❑NWL e. Vegetation on tract Several coastal ecosystems are present in the park. Forests dominated by longleaf pine, turkey oak and live oak occupy the dry, coarse soil of a series of relict sand dunes. Between the dunes are dense shrub swamps, called pocosins, populated by pond pines, loblolly and sweet bay, yaupon and evergreen shrubs. Brackish marshes consisting primarily of cordgrasses and sedges can be found beyond the relict dunes adjacent to the river. Three limesink ponds, each vegetated by a unique plant community, are found in the park. Cypress Pond, the most unusual limesink pond in the park, is dominated by a dwarf cypress swamp forest. Lily Pond is occupied by the broad, oval leaves and beautiful, white flowers of water lilies, which cover its waters in early summer. Grass Pond, which dries out almost every year, is filled with a variety of aquatic sedges. NOTE: The proposed project area is found along the Cape Fear River shoreline, adjacent to tidal brackish marshes, scrub/shrub zone and relict dune ecosystems. f. Man-made features and uses now on trail Visitor Center, bathrooms, offices for rangers, ancillary maintenance/service buildings g. Identify and describe the existing land uses adiacent to the proposed project she. Carolina Beach State Park shoreline extends southward and north-northeast from the project shoreline. The property to the northeast of the CBSP property line (on Snows Cut) if owned by the US Corps of Engineers, and is undeveloped/ open space lands adjacent to the Snows Cut channel. h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? State Park/conservation (Attach zoning compliance certificate, if applicable) ®Yes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA If yes, by whom? RECEIVED DCM WILMINGTON N FEB 12 205 Form DCM MP-1 (Page-4-e116)- 3tb� APPLICATION for Major Development Permit I. Is the proposed project located in a National Registered Historic District or does it involve a []Yes ®No ❑NA National Register listed or eligible property? <Form continues on next page> m. (i) Are there wetlands on the site? ®Yes ONO (i) Are there coastal wetlands on the site? ®Yes ❑No (III) If yes to either (i) or (ii) above, has a delineation been conducted? []Yes ®No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Septic system, in process of converting to central wastewater treatment with Town of Carolina Beach MAR 0 8 2015 ..., rw-wMRI: k5HM o. Describe existing drinking water supply source. Town of Carolina Beach p. Describe existing storm water management or treatment systems. none 5 Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commemlal ®Public/Govemment ❑Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The 610' oyster shell bag sills and marsh grass plantings will help to prevent and reduce erosion along the shoreline of Carolina Beach State Park and will provide valuable habitat for finfish, shellfish and waterfowl. The oyster shell bag sills will provide substrate for the attachment of oyster larvae in these traditionally productive waters. Once constructed, the sills will be designated as a research sanctuaries (closed shellfish waters) by the N.C. Division of Marine Fisheries. Purpose is to stabilize an eroding shoreline with an oyster bag sill, provide preservation and restoration of an eroding coastal marsh, and provide restoration of an oyster reef habitat. Site will also be incorporated into the Carolina Beach State Park education programs, and serve as training shoreline for contractors, designers, homeowners, by others, such as the North Carolina Coastal Federation. 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. The oyster bags (and small marl bags to provide base layer for two layers of oyster bags) will be filled and created by volunteers ahead of time, and stockpiled in an upland location within the state park The oyster bag sill will be created by loading the oyster bags onto shallow draft barge, floated to the project site adjacent the shoreline, and then offloaded with volunteer labor, and placed along the shoreline by hand. Wheelbarrows and/or shallow draft skiffs may be used as needed to assist in transport of gear, volunteers and equipment to the shoreline. Shovels and hand trowels will be used for marsh planting by volunteers. it. List all development activities you propose. Construction of 610' of oyster bag sill fronting an existing marsh; Planting of S. alterniflora marsh plants (as needed) landward of sill. e. Are the proposed activities maintenance of an existing project, new work, or both? New I. What Is the approximate total disturbed land area resulting from the proposed project? 4,880 ®Sq.Ft or []Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ®No ❑NA that the public has established use of? RECEIVED DCM WILMINGTON, NC Form DCM MP-1 (Page-6of6) 4q b- APPLICATION for Major Development Permit Describe location and type of existing and proposed discharges to waters of the state. NIA MAR 0 3 2015 U. rr"^"nk bil* 1. Will wastewater or stormwater If yes, will this discharged ureter be of the same salinity as the receiving water/ 0Yes ❑No ®NA j. Is there any mitigation proposed? Lives 29NO UKA If yes, attach a mitigation proposal. <Form continues on back> 6. AdditlonalInformation /n addition to this completed application form, (MP-1) the following dams below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application instruction booklet on how to property prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name U. S. Army Caps of Engineers Phone No. 910-251-4000 Address P.O. Box 1890 Wilmington, NC 28402 Name Commander, 597th US Army Phone No. Address Transportation Terminal Group attn.: Public Works Military Ocean Terminal, Sunny Point Southport, NC 28461-5000 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, pernittee, and issuing dates. CAMA: Major Permit #165-08 (11/6/OS); Minor Permit Modl65- 08 (6/8/09); Major Permit Mod 165-08 (09/8/15); Major Permit Mod 165-08 (6130/10); Major Permit #95-87 (5/5/87; Major Permit 127-99 (12/21/99); USCOE: GP 19OW0291 (Action 200000385)DCM #127-99; GP #SAWO•N-000.0291 (DCM 9584 re -issued 216/86. h. Signed consultant or agent authorization form, if applicable. I. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), If necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 1 7. Certification and Permission to Enter on Land RECEIVED I Form DCM MP-1 (Page6-o"-j , S db 1 APPLICATION for Major Development Permit I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application �istruthful to the best of my knowledge. Date _February 9, 2015 Print NaLL SA Y-lb Signature Please indicate application attachments pertaining to your proposed project. NDCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ❑DCM MPA Structures Information RECEIVED MAR 0 8 10t RECEIVED DCM WILMINGTON, NC Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL stabilization Length Width Avg. Existing NA NA Depth Final Project NA NA Depth 1. EXCAVATION ®This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. N/A N/A c. (1) Does the area to be excavated include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ❑None (ii) Describe the purpose of the excavation in these areas: d. High -ground excavation in cubic yards. N/A 12. DISPOSAL OF EXCAVATED MATERIAL ®This section not spplcable a. Location of disposal area. area. c. (1) Do you claim title to disposal area? d. (i) Will a disposal area be available for future maintenance? ❑Yes []No ❑NA ❑Yes ❑No ❑NA (II) If no, attach a letter granting permission from the owner. (ii) If yes, where? e. (i) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ❑None (ii) Describe the purpose of disposal in these areas: f. (I) Does the disposal include any area in the water? ❑Yes ❑No ❑NA (II) If yes, how much water area is affected? RECEIVED MAR 0 8 2015 Nwo-wn)d M.ux RECEIVED DCM WILMINGTON, NC Form DCM MP-2 (Excavation and Fill, Page 2 of 3) 3. SHORELINE STABILIZATION ❑This section not applicable (if development is a wood groin, use MP-4 - Structures) a. Type of shoreline stabilization: b. Length: 610 fee ❑Bulkhead ❑Riprap SBreakwateriSill ❑Other: C. Average distance waterward of NHW or NWL: 25' (centerline of sill), 29 channelward edge of sill Width: max 8 feet d. Maximum distance waterward of NHW or NWL: Max of W (centedine); max of 34 (channelward edge of sill) e. Type of stabilization material: f. (1) Has there been shoreline erosion during preceding 12 A layer of bagged mad on the bottom, followed by one or two months? layers of recycled oyster shell bags on top of the mad. SYes ONO ❑NA (ii) If yes, state amount of erosion and source of erosion amount information. Approximately 1-2 ft. due to wind and waves from natural forces. (staff, Carolina Beach State Park, personal observation) g. Number of square feet of fill to be placed below water level. h. Type of fill material. Bulkhead backfill nla Riprap n/a oyster shell bags and mesh bags of mad Breakwater/Sill 4 880 Other nia I. Source of fill material. recycled/purchased oyster shell; purchased mad (-1" diameter) r4. OTHER FILL ACTIVITIES ®This section not applicable II (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the sae 7 UYes LINO If yes, (ii) Amount of material to be placed in the water (lit) Dimensions of fill area (iv) Purpose of fill a. How will excavated or fill material be kept on site and erosion controlled? nla c. (i) Will navi ational aids be required as a result of the project? [@Yes LJNo ❑NA (ii) If yes, explain what type and how they will be implemented. PVC pipes with neon tape visible 2' above crest of the sill (as required) channelward of sill (every 100') 02/12/15 Date Carolina Beach State Park Oyster and Marsh Habitat Restoration Project Name (i) Will fill material be placed in coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV _ ❑SB OWL ❑None (ii) Describe the purpose of the fill in these areas: b. What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? None d. (i) Will wetlands be crossed in transporting equipment to project she? []Yes ONO ❑NA (ii) If yes, explain steps that will be taken to avgp(erpR) Ove environmental impacts. nia MAR 0 3 2915 Skrabal, N.C. Coastal Federation (Agent) Applica ame _ RECEIVED App want ature Form DCM MP-1 (Page 6 of 6) APPLICATION for Major Development Permit I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands In connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date _February 9, 2015 Print Name James C Helms, (Carla K. Edwards signing for James C. Helms) Signature Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ❑DCM MP-4 Structures Information RECEIVED MAR 0 8 20b r.rtw-"na wkts RECEIVED DCM WILMINGTON, INC 252.808.2808 .. 1-888-4RCOAST .. www.ncconstalmanagement.net FEB 12 2015 7 10 m 0 0 m co �A t. C) oN -4 m cn 00 z z 0 Existing High Marsh/Scrub Shrub Scrub k I I I 20 30 40 50 Section View P4-P4' z M Ti o m 7 Oe C 0 ;arolina Beach State Park Living Shoreline Project Oyster Bag Sill & Marsh Plantings Scale: Horizontal 1'=10' Vertical 1'=;5' Sheet lof 3 T. Skrabal- NCCF Agent Date:1/30/15 Existing S. Alterniflora S. Alterniflora Marsh Planting Width Varies As Needed Approx 10'-25' Proposed Oyster Bag Sill �-- 3'---4 Max Base 25' Max � Channel Ward of MHW MLW Existing High Marsh/Scrub Shrub -5 10 G. v 0 m TJ § ;U n Om i cs, O zz 0 Existing S. Alterniflore Width Varies Approx 10'-25' Section View P3-PT Carolina Beach State Park Living Shoreline Project Oyster Bag Sill & Marsh Plantings Scale: Horizontal 1'=10' Vertical 1'=5' Sheet 2of 3 T. Skrabal- NCCF Agent Date:1/30/15 S. Alterniflora Marsh Planting As Needed Proposed oyster Bag Sill Max Base 30' Max bl Channel Ward of MHW MHW MLW r—_> L t State Park State Park RECEIVED Feet ri 411 v>c&)i�)lx s� Federal Lease Area MAR 03 1015 DCM WI INENEUGTON, NO FEB 12 205 Carolina Beach State Park MOTSU License Area April 2013 Carolina Beach State Park Legend ® wrsu wn. I— J 91YI�tw.lWb,M 1,100 2,200 Feet RECEIVED RECEIVED MAR 0 8 2015 DCM WILMINGTON. INC N4wi-kwnH rl+, FEB 12 2015 NC®ENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary April 21, 2015 N.C. Division of Parks & Recreation P.O. Box 475 Carolina Beach, N.C. 28428 Dear Sir or Madam: The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff - colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733- 2698 within twenty (20) days of this decision on your permit. You should also be aware that another qualified party may submit an objection to the issuance of this permit within twenty (20) days. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance requires additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Enclosure Sincerely, gg�� V, PV. Douglas V. Huggett Major Permits and Consistency Manager 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity I Affirmative Action Employer DCM Coordinator: ,4 4.c. Permit #: MAILING DISTRIBUTION SHEET G)_ Permitee: MC Par �s aV_- GC_ w (c DCM Field Offices Elizabeth City (with revised work plan drawings) Morehead City Washin ton ✓5'� ilmin US ACOE Offices: Washington: Raleigh Bland Wilmington: er Crum e " Cultural Resources: Renee Gledhill -Early or nvironmental.reviewCancdcr.gov) Public Water Supply: O)- a�ite) Joey NC DOT: ce Shellfish Sanitation: ti Fowler J� State Property: im Walton Water Resources: . ins (Raleigh John Hennessy OT) Washington: Anthony Scarborough Wilmington: Joanne Steenhuis — 401 C o urn - Lin - Stormwater Wildlife Resources: aria Dunn (WARD) LPO: Fax Distribution: Permitee Agent #:. L DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT RECEIVED I. APPLICANT'S NAME: North Carolina Department of Environment and Natural Resources MAR 0 8 2015 Division of Parks and Recreation c/o North Carolina Coastal Federation , „a Project Name: Carolina Beach State Park Oyster Bag Sill Major Modification 2. LOCATION OF PROJECT SITE: Located within the Carolina Beach State Park, off Dow Road, at 1010 State Park Drive, Carolina Beach, New Hanover County, adjacent to the Cape Fear River. Photo Index - 2006:14-6646, E, 12-13 2000:14-135, S,12-14 1995: 14-138, P, 4-6 State Plane Coordinates - X: 2326864 T 107867 GPS File: V-092916A Let:34'02'51.28"N Long:77°55'15.40"W 3. INVESTIGATION TYPE: CAMAIDredge & Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit— 2/27/2015 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received — 2/12/2015 (Complete) Office — Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan —Town of Carolina Beach Land Classification From LUP— Conservation (B) AEC(s) Involved: EW, PTA (C) Water Dependent: Yes (D) Intended Use: Public (E) Wastewater Treatment: Existing - Municipal Planned - NIA (F) Type of Structures: Existing — Public Marina, bulkhead, boat -ramp, public park with parking areas & associated structures. Planned - One oyster bag marsh sill. (G) Estimated Rate of Erosion: 1-2 ft. per year Source: Visual observation by CBSP Staff 7. HABITAT DESCRIPTION: 8. [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B) Non -Vegetated Wetlands -Open Water —5,880 sq. ft. (sill) Other— High ground (D) Total Area Disturbed: 5,880 sq. ft. (0.13 acres) (E) Primary Nursery Area: No (F) Water Classification: SA Open: No PROJECT SUMMARY: The applicant is proposing to construct a bagged oyster shell and mad marsh sill along the Carolina Beach State Park shoreline for marsh habitat restoration. North Carolina Department of Environment and Natural Resources RECEIVED Division of Parks and Recreation- CBSP Oyster Bag Sill Page Two MAR 0 3 20b 9. PROJECT DESCRIPTION N�-nr Wn�+J-Mtfi The project is located at Carolina Beach State Park (CBSP), in Carolina Beach, on Dow Road, off US Highway 421, in southern New Hanover County. The property is situated along the southern shoreline of the Cape Fear River, near ifs confluence with Snow's Cut. The park consists of approximately 700 acres of wooded uplands, and includes facilities for camping, nature trails, and educational programs. To locate the project site from the Wilmington Regional Office (WiRO), travel from Wilmington towards Carolina Beach on Carolina Beach Road (NC Hwy 421) for approximately 12 miles south. Continue over Snows Cut Bridge for approximately 0.2 miles south until you reach Dow Road. Turn right onto Dow Road and turn right onto State Park Road, which will be the entrance to the CBSP. Continue to travel west approximately 1 mile until you reach the public marina and parking area. The public marina includes 40 wet slips, two boat ramps, a large parking area, and a marina/park office building. In 1987, State Permit # 95-87 was issued to expand the original boat basin, construct docks for 32 additional slips, and conduct maintenance dredging within the existing basin and access channel. In 1996, CAMA General Permit #16003-D was issued to clear a small shoaled area from the access channel. Subsequently, in 1999, the DCM issued State Permit #127-99 for maintenance dredging within the access channel and boat basin. State Permit # 165-08 was issued to replace the public marina docking facility and boat -ramp, maintenance excavation and upgrade the parking area. State Permit # 165-08 was due to expire on April 24/2014; however, was subject to extension by the Session Law 2009406, as amended by Session Law 2010-177, the Permit Extension act. The new expiration date for State Permit # 165-08 is July 3, 2015. The project site is located on the northwestern end of the park at the location of a designated hiking trail and beach area along the shoreline of the Cape Fear River, where the shoreline appears to be experiencing erosion due to its proximity to river. There are multiple areas where coastal wetlands exist along the shoreline, which consists primarily of Smooth Cordgrass (Spartina altemiflora), intermixed with Salt Grass (Distichlis spicata), Sea Lavender (Limoium carchnanum) and Salt Meadow Hay (Spartina patens) in an area ranging from approximately 30' to 80' in width. Upland vegetation along the project area consists of hand wood trees and shrubs primarily Live Oak (Quercus virginiana) and Wax Myrtle (Myrica cerfera). The waters of this area of the Cape Fear River are classified SA, by the N.C. Division of Water Resources. The area is not designated as a Primary Nursery Area, by the N.C. Division of Marine Fisheries, and these waters are CLOSED to the harvest of shellfish. PROPOSED PROJECT: The applicant is proposing to construct a bagged oyster shell and mad marsh sill along the CPSP shoreline for marsh habitat restoration. The application states the proposed sill would be located waterward of the marsh in an area measuring approximately 61 V in length by 8' in width and approximately 2.5' in height above the existing substrate. The application also states the sill would have a 5' gap and a short 5' "offset" section landward of the gap approximately every 100' to allow for fish passage, and would be located waterward of normal high water (NHW) a distance approximately 25' to 29', and in water depths less than -1.0' @ normal low water. Areas located below normal high water would be planted with Spartina aftemrflora plugs placed on 2.0' centers (See Sheets 1 through 3 of 3 and Project Narrative). 10. ANTICIPATED IMPACTS: The proposed oyster/mad bagged sills would result in the fill of approximately 5,880 sq. ft. of shallow bottom located in the Estuarine Waters and Public Trust Areas of Environmental Concern (AECs). The work would result in temporary impacts to oyster habitat, but the overall project would recreate the habitat. The proposed sill would range waterward of the NHW boundary approximately 25' to 29'. Submitted by: Robb Mairs Date: February 27, 2015 Office: Wilmington DIVLSION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: NC Coastal Federation COUNTY: New Hanover PROJECT NAME: Carolina Beach State Park Oyster & Marsh Habitat Restoration LOCATION OF PROJECT:1010 State Park Rd, adjacent to the Cape Fear River DATE APPLICATION RECEIVED COMPLETE BY FIELD: 2-12-15 FIELD RECOMMENDATION: Attached: YES CONSISTENCY DETERMINATION: Attached: n/a FIELD REPRESENTATIVE: Marrs , DISTRICT MANAGER REVIEW: ,9.j'ez� B) DATE RECEIVED BY MAJOR PERMITS UNIT: PUBLIC NOTICE REC'D: 3-2-15 ADJ. RIP. PROP NOTICES REC'D: APPLICATION ASSIGNED O: ) I I C) 75 DAY DEADLINE: 1 MAIL OUT DATE: 2-27-15 FEDERAL DUE DATE: To Be Forwarded: n/a To Be Forwarded: n/a RECEIVED MAR 0 3 2015 p�a�w^wrnM pltt DISTRICT OFFICE: WUMINGTON FEE REC'D: END OF NOTICE DATE: 3-23-15 DEED REC'Df: ON: 7 II 150 DAY DEADLINE: STATE DUE DATE: 3-23-15 FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative 3-3- I S ✓ Coastal Management - LUP Consistency Division of Community Assistance Land Quality Section (DEMLR) 3-S- : Division of Water Resources (401) 3 -q S-IS ✓ /S•o 138 Storm Water Management (DEMLR) State Property Office 1-2-3- Division of Archives & History 3 43- IS Division of Environmental Health Division of Highways Wildlife Resources Commission 3-30-16 ✓ Local Permit Office 3-cl-1 Division of Marine Fisheries / DCM 3-20-15 ✓ Corps of Engineers N-11- 15 ✓ Qv3S 3-S IS ✓ ��/SlJol�51S NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Donald R. van der Vaart Governor Secretary February 27, 2015 RECEIVED/NCDENR/DWR Division of Coastal Manaaement FEB 2 7 2015 MEMORANDUM: Water Quality Regional eretion TO: Chad Coburn WilmOinRgtonlons Regional Office 401 Wetlands DWR - WiRO FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: NC Coastal Federation / Carolina Beach State Park Project Location: 1010 State Park Drive, (off Dow Rd.), adjacent to the Cape Fear River, in Carolina Beach, New Hanover County Proposed Project: to construct a bagged oyster shell & marl marsh sill Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by March 23, 2015. If you have any questions regarding the proposed project, contact Robb Mairs at (910)796-7423 when appropriate, in depth comments with supporting data is requested. W/ 6uc—c G3d3l/S cc-G REPLY: This agency has no objection to the project as proposed. SIGNED This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. DATE 1>3'aRECEIVED N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-3953964Intemet: www.ncooastalmanagement.net MAR 2 8 71115 Hwkwwlnk 1'Yty An Equal opportunity 1 Affirmative Action Employer e�� NCDEE R North Carolina Department of Environment and Natural Resources Pat McCrory Governor March 23, 2015 NC Division of Parks and Recreation Mr. James C. Helms P.O. Box 475 Carolina Beach NC 28428 Subject Property: Carolina Beach State Park — Oyster Sill Donald R. van der Vaart Secretary New Hanover County DWR Project #: 15-0238 Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Helms, You have our approval, in accordance with the attached conditions to fill 0.135 acres (5,880 square feet) of open water in order to construct an oyster bag sill and a marl sill as described in your application received by the N.C. Division of Water Resources (DWR) on March 3, 2015. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number 3900 (GC 3900). This Certification allows you to use the Regional General Permit #198000291 (GP 291) when issued by the U.S. Army Corps of Engineers and the CAMA permit when issued by the Division of Coastal Management. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non -discharge, and stormwater regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This Certification can also be found on line at: httv://t)ortal.ncdenr.oroJweb/wA/sW/ws/401/certsandpermits. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. RECEIVED MAR 2 6 2015 vqM-r�nno Clri 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: 910-796-721511nternet: www.ncclenr.gov An Equal Opportunity 1 Affirmative Action Employer- Made in part by recycled paper 2 Carolina Beach State Park Oyster Sill New Hanover County 201 "238 The Additional Conditions of the Certification are: 1. The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Approved Units Plan Location or Reference Open Water (fill) 0.135 acres (5,880 square feet) CAMA Major Permit Application 2. Standard Erosion and Sediment Control Practices Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices: a. Erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. Design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor -owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. Reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. e. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre -Construction Notification and authorized by this written approval, including incidental impacts. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. RECEIVED MAR 2 6 2015 y1�yyYWalM ITV 3 Carolina Beach State Park Oyster Sill New Hanover County -2015-0238 4. No Sediment & Erosion Control Measures w/n Wetlands or Waters Sediment and erosion control measures shall not be placed in wetlands or waters without prior approval by DWR. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, then design and placement of temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or stream beds or banks, adjacent to or upstream and downstream of the above structures. All devices shall be removed and the natural grade restored within two (2) months of the date that the Division of Energy, Mineral, and Land Resources has released the project. 5. Turbidity The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 2B .0200. Appropriate sediment and erosion control practices must be used to meet this standard. 6. The applicant/permittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal Law. If the Division determines that such standards or laws are not being met, including failure to sustain a designated or achieved use, or that State or Federal law is being violated, or that further conditions are necessary to assure compliance, then the Division may reevaluate and modify this General Water Quality Certification. 7. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699-1650. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permits. You can contest this Certification 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. You may obtain a petition form from the Office of Administrative Hearings at http://www.ncoah.com or call (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this Certification, you must file the petition with the Office of Administrative Hearings. A petition is considered filed when the original and one (1) copy is received in the Office of Administrative Hearings during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the Office of Administrative Hearings at (919) 431-3100, provided the original and one copy of the petition is received by the Office of Administrative Hearings within five (5) business days following the faxed transmission. RECEIVED MAR 2 6 1015 Wkow-wino+k H" 4 Carolina Beach State Park Oyster Sill New Hanover County 2015-0238 Mailing address for the Office of Administrative Hearings: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 One (1) copy of the petition must also be served to DENR: Lacy Presnell, General Counsel, Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 Unless such a petition is Sled, this Certification shall be final and binding. This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions, please telephone Karen Higgins in the Central Office in Raleigh at 919-807-6301 or Chad Coburn in the DWR Wilmington Regional Office at 910-796- 7215. Sincerely, Jim egson, Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDENR RECEIVED MAR 2 6 2015 Enclosures: Certificate of Completion GC 3900 Ww-wPITY cc: Tracy Skrabal — NCCF, 309 West Salisbury Street, Wrightsville Beach, NC 28480 Jonathan Howell — DCM Morehead City Robb Mairs — DCM Wilmington Tyler Crumbley — USACE Wilmington Field Office Karen Higgins — 401 and Buffer Permitting Unit WiRO Certification of Completion DWR Project No.: Applicant: Project Name: Date of Issuance of Wetland Permit: County: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit, North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification 1, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Agent's Certification I, used in the observation of the compliance and intent of the 401 and other supporting materials. Signature: Date: , hereby state that, to the best of my abilities, due care and diligence was construction such that the construction was observed to be built within substantial Water Quality Certification and Buffer Rules, the approved plans and specifications, Date: If this project was designed by a Certified Professional 1, as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Registration No. Date RECEIVED MAR 2 6 2015 oc...no Ql. l rWR r NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Governor G t5.u3.03.o2 February 27, 2015 Division of Coastal Management MEMORANDUM: TO: FROM: SUBJECT: Applicant: Maria Dunn NCWRC WaRO / WiRO Donald R. van der Vaart Secretary MAR 2015 RECEIVED HIIIIIIAW Coll" PrOD� Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) CAMA / Dredge & Fill Application Review NC Coastal Federation / Carolina Beach State Park Project Location: 1010 State Park Drive, (off Dow Rd.), adjacent to the Cape Fear River, in Carolina Beach, New Hanover County Proposed Project: to construct a bagged oyster shell & marl marsh sill Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by March 23, 2015. If you have any questions regarding the proposed project, contact Robb Mairs at (910)796-7423 when appropriate, in depth comments with supporting data is requested. REPLY: ✓ /This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED '\�� 1 - � DATE 3-23' 2_)t�b, RECEIVED N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 MAR 10 2015 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nocoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer e NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor March 25, 2015 James C. Helms, Park Superintendent NC Division of Parks & Recreation Carolina Beach State Park P.O. Box 475 Carolina Beach, NC 28428 Subject: EXEMPTION Stormwater Project No. SW8 150222 Carolina Beach Oyster and Marsh Habitat Restoration New Hanover County Dear Mr. Helms Donald van der Vaart Secretary The Wilmington Regional Office of the Division of Energy, Mineral, and Land Resources received a copy of the CAMA Major Permit Application for the subject project on February 27, 2015. Staff review of the plans and specifications has determined that the development activities proposed at this time will not pose a threat to surface water quality from stormwater runoff. The Director has determined that projects that are reviewed and approved by the Division as not posing a water quality threat from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 21-1.1000, the stormwater rules. By copy of this letter, we are informing you that this project will not require a stormwater management permit. If the subject project disturbs one acre or more and has a point source discharge of stormwater runoff, then it is also subject to the National Pollutant Discharge Elimination System (NPDES) stormwater discharge requirements. You are required to have an NPDES permit for stormwater discharge from projects meeting these criteria. All temporary built -upon area associated with the construction of the project must be removed within 30 days of completion of the project, or when it is no longer needed, whichever occurs first. If you have any questions or need additional information concerning this matter please contact Linda Lewis at (910) 796-7215, or e-mail her at linda.lewis@ncdenr.gov. Sinc ly, J For Tracy E. Davis, P.E., Director Division of Energy, Mineral, and Land Resources GDS/ad: G:\WQ\Shared\StormwateAPermits & Projects\2015 \150222 Exemption\2015 03 permit 150222 cc: Tracy Skrabal; North Carolina Coastal Federation New Hanover County Building Inspections Robb MairslShaun Simpson Jonathan Howell, DCM Wilmington Regional Office Stormwater File RECEIVED APR 0 7 26E ryRM'MRW Q17`' Division of Energy, Mineral, and Land Resources Land Quality Section - Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405• (910) 796-72151 Fax: (910) 350.2004 LWWA NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Governor February 27, 2015 Division of Coastal Management MEMORANDUM: RECEIVED MAR 0 2 2015 Donald R. van der Vaart Secretary TO: Tim Walton DOA Dept of Administration STATE PROPERTY State Property Office OFFICE FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: NC Coastal Federation /Carolina Beach State Park Project Location: 1010 State Park Drive, (off Dow Rd.), adjacent to the Cape Fear River, in Carolina Beach, New Hanover County Proposed Project: to construct a bagged oyster shell & marl marsh sill Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by March 23, 2015. If you have any questions regarding the proposed project, contact Robb Mairs at (910)796-7423 when appropriate, in depth comments with supporting data is requested. REPLY: , /TIh' agency has no objection to the project as proposed. 1 g06h S cH This agency has no comment on the proposed project. rAf This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE z) RECEIVED N. Div ion of Coastal Management MAR 2 3 2015127 Ca i Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964Internet: www.nocoastalmanaaement.net An Equal Opportunity 1 Affirmapve Action Employer RECEIVED MAR 2 3 1015 k1�G"fi{YAI7K hHv NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Governor February 27, 2015 Division of Coastal Management MEMORANDUM: TO: Georgette Scott Stormwater Section DEMLR - WiRO Donald R. van der Vaart Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: NC Coastal Federation / Carolina Beach State Park Project Location: 1010 State Park Drive, (off Dow Rd.), adjacent to the Cape Fear River, in Carolina Beach, New Hanover County Proposed Project: to construct a bagged oyster shell & marl marsh sill Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by March 23, 2015. If you have any questions regarding the proposed project, contact Robb Mairs at (910)796-7423 when appropriate, in depth comments with supporting data is requested. RECEIVED REPLY: This agency has no objection to the project as proposed. MAR 10 1"'; This agency has no comment on the proposed project. kt-twcwlnk,-" This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE c3le- //5 N.C. Division of Coastal Management 127 Cardinal Drive Ext, Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nccoastalmanagement.net An Equal Opportunity'•. Affirmative Action Employer Q-� NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Governor Donald R. van der Vaart Secretary February 27, 2015 n Division of Coastal Management MEMORANDUM: % 2015 t'J WiRo17 Of TO: Heidi Cox y/2p PER VV 2 pub c Waeesw„t;es Environmental Engineer 9UP4 Public Water Supply FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: NC Coastal Federation / Carolina Beach State Park Project Location: 1010 State Park Drive, (off Dow Rd.), adjacent to the Cape Fear River, in Carolina Beach, New Hanover County Proposed Project: to construct a bagged oyster shell & marl marsh sill Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by March 23, 2015. If you have any questions regarding the proposed project, contact Robb Mairs at (910)796-7423 when appropriate, in depth comments with supporting data is requested. REPLY: _/_ This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED 4 ' (, Qq w i� WX DATE 13/Jd 1 RECEIVED N.C. Division of coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 MAR Of; 21115 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nccoastaimanacement.net (_)CM -MHO CITY An Equal opportunity 1 Alfinnahve Action Employer Z4JL1)1' NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Donald R. van der Vaart Governor Secretary February 27, 2015 Division of Coastal Management fteelve MEMORANDUM: FEB 7 2015 TO: Dan Sams BY,• District Manager "'-----�___„ DEMLR - WiRO FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: NC Coastal Federation /Carolina Beach State Park Project Location: 1010 State Park Drive, (off Dow Rd.), adjacent to the Cape Fear,River, in Carolina Beach, New Hanover County Proposed Project: to construct a bagged oyster shell & marl marsh sill Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by March 23, 2015. If you have any questions regarding the proposed project, contact Robb Mairs at (910)796-7423 when appropriate, in depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. 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. C I SIGNEDDATE 7 12-0 i _'5 _i RECEIVED N.C. Division of Coastal Management MAR 0 5 1014 127 Cardinal Drive Ext., Wilmington, NC 28405 Fa�tMKyMr� ISM► Phone: 910-796-72151 FAX: 910-395-3964Internet: www.nccoastalmanagementnet An Equal Opportunity \ Affirmative Action Employer Recommendations for State Permit # 165.08 Major Modification- North Carolina Department of Environment and Natural Resources Division of Parks and Recreation- CBSP Oyster Bag Sill 2127/2015 It is the opinion of this office that the proposed work is CONSISTENT with the Use Standards for Estuarine Waters and Public Trust Areas, as set forth in NCAC 07H .0206 & .0207. In the absence of any concerns from the commenting agencies, it is recommended that a permit be issued subject to the standard marsh sill and following conditions: 1. In order to protect water quality, runoff from the construction must not visibly increase the amount of suspended sediments in adjacent waters. 2. The alignment of the permitted oyster bag sills shall be staked by the permittee and approved by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. 3. The permittee and his contractor shall schedule a pre -construction conference with the Division of Coastal Management and the U.S. Army Corps of Engineers prior to the initiation of any work. 4. Appropriate sedimentation and erosion control devices, measures or structures must be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, sand fence, etc.). 5. The riprap material must consist of clean rock or masonry materials such as but not limited to granite or broken concrete. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. NOTE: The permittee and/or his contractor is urged to meet with a representative of the Division prior to project initiation. RECEIVED MAR 0 8 1015 p1�19M'MMOM Ir11'� T, ­i Howell, Jonathan From: Crumbley, Tyler SAW <Tyler. Crumbley@usace.army. mil> Sent: Friday, April 17, 2015 10:47 AM To: Howell, Jonathan Subject: SAW-2015-00503 Carolina Beach State Park Oyster Sill Recommended Conditions Jonathan, Below are the conditions that will be sent to Doug today: 1. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/nc-es/mammal/rrianatee_guidelines.pdf. 2. Dredging is not authorized. 3. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910) 772-2191. 4. All work authorized by this permit must be performed in strict compliance with the submitted plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. S. The docks and piers extending over wetlands will be elevated sufficiently (a minimum of 3 feet) above the wetland substrate to prevent total shading of vegetation, substrate, or other elements of the aquatic environment. 6. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. 7. Approval of the structure is based on determinations that there would be no obstruction to navigation. The structure may be damaged by wave wash from passing vessels. Issuance of this permit should not be construed, as relieving the permittee of taking proper steps to insure the structure and moored boats will not be damaged by wave wash. 8. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 9. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 10. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill to all borrow and fill activities t contamination of waters and a spill of petroleum products or i of Water Quality at (919) 733- Hazardous Substances Control retlands shall be generated from Metal products, organic sed. rains while accomplishing the iitiate the required coordination rms and conditions of this permit ctors and/or agents associated of this permit, including all this project. cessary to prevent an increase in ,all include, but is not limited to, subject to soil disturbance or the onally, the project must remain dorth Carolina General Statutes ease in turbidity outside the area the waterbody is 50 NTU-s or less !ntal Management (NCDEM), 25 s in trout waters, are not is expiration before completion of he Secretary of the Army or his condition. r Act or Section 10 of the Rivers and 3f Engineers within 24 hours of the r NCDENR North Carolina Department of Environment and Natural esouree t ! • j+nF YtLY:IJr � Pat McCrory �" donald R valS" ervaart Governor Secretary February 27, 2015 >r Division of Coastal Manapement MEMORANDUM: -1.0 TO: Renee Gledhill -Early. Dept. of Cultural Resources Archives & History 3� lPile FROM: Jonathan Howell, NCDENR-DCM Assistant Major Permits Coordinator, 400 Commerce. Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA l Dredge &,Fill Application Review Applicant: MC Coastal Federation / Carolina Beach State Park Project Locatio n: 1010Ztate Park Drive; (off Dow Rd.), adjacent to the Cape Fear River, In Carolina Beach, New Hanover. County Proposed Project: to construct a.bagggd oystershell & mad marsh sill Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by March 23, 2015. If you have any questions regarding the proposed project, contact Robb Mairs at (910)796-7423,when appropriate, in depth comments with supporting data is. requested. REPLY: This agency has no objection to the project as proposed. dK This agency has no comment on the proposed project. This -agency approves of -the project only if the recommended changes are incorporated..See attached. This agency objects to the project for reasons described in the attached comments. SIGNED "()�ATE 5' Q 5 'I S N'C' Division ni Crasial lshoavement 127 Cardinal Drive EA, Witmlaglu, NC 2V,05 phone: 910.796-i215 S RAk 910 3J6 3961 Internet: w m nc aaslalmanmement.net Aii Equnl Oppgrgsiq Wrigmn�,:aAcv rm.:;. v, CDENR North Carolina Department of Environment and Natural Resource Pat McCrory Govemor February 27, 2015 Division of Coastal Management MEMORANDUM: Donald R. van der Vaart Secretary TO: Jeremy Hardison LPO Carolina Beach FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA. / Dredge & Fill Application Review Applicant: NC Coastal Federation / Carolina Beach State Park Project Location: 1010 State Park Drive, (off Dow Rd.), adjacent to the Cape Fear River, in Carolina Beach, New Hanover County Proposed Project: to construct a bagged oyster shell & marl marsh sill Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by March 23, 2015. If you have any questions regarding the proposed project, contact Robb Mairs at (910)796-7423 when jVpropriate, in depth comments with supporting data is requested. REPLY: v This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. —This agency objects to the project for reasons described in the attached comments. SIGNED ^1 NJ�i( DATE N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NO 28405 Phone: 910-796-72151 FAX: 9103953964 Internet: www.n000astalmanaaement.nel An Equal Opportunity IARrmative Adw Employer l MEW North Carolina Department of Environment. and Natural Resource Pat McCrory Governor R'ECEIVEp February 27, 2015 MAR 03105 Division of Coastal ManauemenY f °CM-F/ahe),Bs MEMORANDUM: WARo TO: Shane Staples Fisheries Resource Specialist DCM - WaRO Donald R. van der Vaart Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11.12-09) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: NC Coastal Federation / Carolina Beach State Park Project Location: 1010 State Park Drive, (off Dow Rd.), adjacent to the Cape Fear River, in Carolina Beach, New Hanover County Proposed Project: to construct a bagged oyster shell & marl marsh sill Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by March 23, 2015. If you have any questions regarding the proposed project, contact Robb Mairs at (910)796-7423 when appropriate, in depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED ���i� DATE 7 201/S T J N,C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910.796-72151 FAX: 910-395-39641ntemet: www.nocoastalmanaaementnet An Equal OpponunilyIAlfimWive Action Employer ��.IC60 North Carolina Department of Environment and Natural Resources Pat McCrory Governor MEMORANDUM: TO: Jonathan Howell, DCM Assistant Major Permit Coordinator FROM: Shane Staples, DCM Fisheries Resource Specialist SUBJECT: NC Coastal Federation/Carolina Beach State Park DATE: 3/20/15 Donald R. van der Vaart Secretary A North Carolina Division of Coastal Management (DCM) Fisheries Resource Specialist has reviewed the subject permit application for proposed actions that impact fish and fish habitats. The applicant proposes to construct a bagged oyster shell and marl marsh sill along the Carolina Beach State Park Shoreline. The project will incorporate roughly 5,880 sq. ft. of shallow bottom habitat in the Cape Fear River along the northwestern border of Carolina Beach State Park. The sill, located 25' to 29' waterward of normal High water, will be approximately 610' in length by Win width and approximately 2.5' in height. To allow for fish passage 5' gaps will be incorporated every 100' along the length of the sill. To facilitate marsh growth behind the sill Spartina afterniflora plugs will be placed on 2' centers. The aim of the project is marsh' restoration and shoreline protection in the area there are still some concerns to be addressed and conditions that should be placed on the project. The filled oyster bags can become displaced in during high energy events and bags can break open leaving debris in the water and on shore. The applicant should be held responsible for reasonable maintenance of the alignment of the proposed sill. Additionally the applicant should be responsible for any marine debris (i.e. mesh oyster bags) should the bags break open and become debris. Contact Shane Staples at (252) 948-3950 or shane.staoles@ncdenr.eov with further questions or concerns. 1601 Mail Service Center, Raleigh, North Carolina 27699-1601 Phone: 919-707-WO 1 Internet: www.nodenr.gov An Equel Oppodun41AMrmaM Adon Employer - Made In par by reoyded paper Q IAII NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary February 27, 2015 Advertising@stamewsonline.com 2 Pages Star News RECEIVED Legal Advertisement Section MAR 0 8 2015 Post Office Box 840 fl4AW-W/!1M 1rlkM Wilmington, North Carolina 28402 Re: Major Public Notice Combo: • Charles Sweeney • NC Divison of Parks & Recreation Kyle & Heather: Please publish the attached Notice in the Monday, March 2, 2015 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Shaun Simpson at the NC Divison of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by Credit Card (number on file with Elsa Lawrence, Ref acct # 796-7215). Please email a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. Sincerely, Shaun K.Simpson Permitting Support & Custo r Assistance Division of Coastal Management cc: WiRO Jonathan Howell - MHC DCM Tyler Crumbley - USACE Michele Walker- DCM N.C. Division of Coastal Management 127 Cardinal Dnve Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nccoastalmanagement.net An Equal Oppomun4y 1 ARrrnative Action Employer RECEIVED MAR 0 8 1015 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that the following applications were submitted for development permits in Areas of Environmental Concern as designated under the CAMA for projects in New Hanover County: On February 11, 2015, Charles Sweeney proposed to construct a private docking facility at 311 Summer Rest Rd., adjacent to the AIWW, in Wilmington; and on February 12, 2015 the N.C. Division of Parks & Recreation proposed to construct an oyster shell sill adjacent to the Cape Fear River, fronting Carolina Beach State Park, at 1010 State Park Road, in Carolina Beach. A copy of these applications can be examined or copied at the offices of Tara MacPherson (Sweeney) or Robb Mairs (CB State Park), N.C. Dept. of Environment & Natural Resources, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910-796-7215) during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to March 23, 2015 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. MAJOR PERMIT FEE SCHEDULE RECEIVED CB State Park / $400 / NH County MAR 0 8 2015 f,n.iru�wnM �rt1+K DCM % DWQ % Development Ta Fee 14300160143510009316256253 2430016024351000952341 I. Private, non-commercial development that does of involve the filling or excavation of any wetlands or open water areas: $250 100% $250 0% $0 II. Public or commercial development that does not involve the filling or excavation of any etlands or open water areas: $400 100% $400 0% $0 III. For development that involves the filling nd/or excavation of up to 1 acre of wetlands nd/or open water areas, determine if A,B, C, r D below applies: III(A). Private, non-commercial development, if General Water Quality Certification No. 3490 See attached can be applied: $250 100% $250 0% $0 III(B). Public or commercial development, if General Water Quality Certification No. 3490 See attached can be applied: $400 100% $400 0% $0 III(C). If General Water Quality Certification No. 3490 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: $400 60% $240 40% $160 111(D). If General Water Quality Certification No. 90 see attached cannot be applied: $400 60% $240 40% $160 IV. Development that involves the filling and/or excavation of more than one acre of wetlands land/or open water areas: $475 60% $285 40% $190 Date Check Check Received Check From (Name) Name of Permit Holder Vendor I Number amount Permit NumberlComments Refund/Reallocated Allied MarineContractors, LLC Blau Water of A 7154 $400 00 GP 65078D _ _ _ _ 2/2/2015 AWA Bmldiers Inc _ _ 660 Spot Lane _B Bank _ 7072 $100 00 minor fee, Surf City, PN _ 2/3/2015 Dawn Edwards Griffiss _ _ _ same _TD BUT _ _ - 229 $100 00 1 minor fee, SC 15-01 OnsCo 2/3/2015 Coastal Dredging, LLC Clinton & Codnne ks Par BB&T _ _ 3752 $200 00 'IGP 65031 D _ 2/3/2015 Coastal Marine Piers Bulkheads LLC Bill Scott Wells Fargo Bank 19997' $200.00 GP 65092D 2/4/2015 Clements Marine Construction Hamilton Wells, Charles Hocking First Citizens Bank _ 3697 $200.00 GP 65088D _ _ 2/5/2015 Cape Fear Riverboats, Inc. Riverside Partners First Citizens Bank 48727 $400.00 major fee, Water St, NHCo 2/6/2015 Boatzright Inc. Kevin Thomas First Citizens Bank 1826 $250.00 major fee. NHCo. 2/6/2015 Overberk M _ q Conshucdo^ inc, David Slartruck c r. iSt 4304- cenn nn ro acnocD @e„2g0 7 of 2 Sean Crane _ GP 65094D @$200 2 of 2 _ 2/6/2015 John Anagnost and Kathleen Jewell _ _ -Same - Wells Fargo_ Bank _ _ 3794 $100.00 renewal fee, 128-11 _ 2/11/2015 Ingram Bros., Inc. Page First Bank 3980 $50.00 NTBEX 15,04 _ 2/11/2015 James and Jennifer Lupi same SunTrust 4095 $100.00 minor fee, Surf City, PN 2/11/2015 Wellman's Construction, Inc. same BB&T _ 12135 $5000 SCEX 15-05 2/11/2015 F and S Marine Contractors Inc. Sweeny PNC Bank 4308 _ $250.00 major fee, NHCo 2/12/2015 Coastal Land Design, PLLC Tidal Walk LLC _ B of A - _ 5023 $100.00 mod fee, MP 56_-07 2/12/2015 Maritime Coastal Construction LLC Ronald Knediik CresCom Bank 2047 $200.00 GP 65055D 2/12/2015 NC Coastal Federation, Inc. Carolina Beach State Park/James Helms First Citzens Bank 18154 $400.00 major fee, NHCo. N.C. DIVISION OF COASTAL MANAGEMENT AGENT AUTHORIZATION FORM Date _February 5, 2015 Name of Property Owner Applying for Permit: Carolina Beach State Park James C. Helms Parlc Su erintendent Mailing Address: P. O. Boa 475 Carolina Beach State Park Carolina Beach, NC 28428 I certify that I have authorized (agent) Tracy Skrabal , North Carolina Coastal Federation to act on my behalf, for the purpose of applying for and obtaining all CAMA Permits necessary to install or construct _610' of oyster bag sill and marsh plantings along the estuarine shoreline adjacent to Cape Fear River at Carolina Beach State Park. This certification is valid thru December 31, 2015. lZa Property Owner Signature Date RECEIVED MAR 0 3 2015 wto"-M M, blri RECEIVED DCM WILMINGTON, NC FEB 12 2015 -... 4 r_J; NCD NR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary February 27, 2015 Mr. James C. Helms, Park Superintendent' c/o N.C. Division of Parks and Recreation Carolina Beach State Park P.O. Box 475 Carolina Beach, North Carolina 28428 Dear Mr. Helms: The Division of Coastal Management hereby acknowledges receipt of your application, through your acting as agent for the proposed development located at 1010 State Park Road, adjacent to the Cape Fear River, in Carolina Beach, New Hanover County. It was received as complete on February 12, 2015, and appears to be adequate for processing at this time. The projected deadline for making a decision is April 28, 2015. 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 February 12, 2015, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. A field report has been prepared and is in the process of being circulated to the various state and federal review agencies for their comments. If additional information is required based, on this review, the agencies may contact you directly. I � Dris+(rG'IC� lob L. Maus Field Representative Wilmington District Office N.C. Division of Coastal Management cc: Jonathan Howell, DCM Tyler Crumbley, USAGE RECEIVED Jeremy Hardison, Town of Carolina Beach Tracy Skrabal, North Carolina Coastal Federation MAR 0 3 2015 N.C. Division of Coastal Management W4PNWwn,,, Y1*y 127 Cardinal Drive Ext., Wilmington, NC 29405 Phone:910-796.72151 FAX: 910-395-3964 Internet: www.necoastalmanagement.net An Equal opportunity 1 Affirmative Action Employer RECEIVED MAR 0 S 106 T I' 'W-mnob" , J AMA PERMIT APPLIED FOR to r, in Carolina Beach, New Hanover County. COMMENTS ACCEPTED THROUGH _ March 23, 2015 APPLICANT: For: CB State Park FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: NC Div. & Coastal Management 127 Cardinal Dr. Extension Wilmington, NC 28405 Robb Mairs, Field Specialist 910-796-7425 North Caro -,q, Coastal FE 2 Working Together/ ru or 41 M Pos age S m O CeMed Fee Retum Reoaipt Fae Commander, 597th US Army O (Endorsement Requires Transportation Terminal Group att.: Public Work: Reds. ed Cellvery Fee O (Endorsement Required) Military Ocean Terminal, Sunny Point o W Total Postage & Fees $ Southport, NC 28461-5000 P q r o,"POooe NO. '"u� Certified Mail — Return Receipt Requested y ebusy aF Dear Sir or Madam: The NC Division of Parks and Recreation, Carolina Beach State Park (1010 State Park Road, Carolina Beach, NC) is applying for a CAMA Major Permit to create 610' of oyster bag sill to prevent erosion and to restore oyster and fisheries habitat located along the estuarine shoreline southward of the existing state park marina and boat ramp adjacent to the Cape Fear River, in New Hanover County, North Carolina. The specifics of the proposed work are in the enclosed application forms and drawings. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. PoslmarR 12 A Should you have any objections to this proposal, please send your written comments to Debbie Wilson, Wilmington Regional Manager,127 Cardinal Drive Ext. Wilmington, NC 28405-3845 (Ph: 910-796-7215, Fax: 910-395-3964) within 30 days of your receipt of this notice. Such comments will be considered by the Department in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 910-509-2838, or e-mail me at tracys(a) nccoast. org. Sincerely, RECEIVED MAR 0 8 20b Tracy E. Skrabal Coastal Scientist/Southeast Region Manager Enclosures RECEIVED DCM WILMINGTON, NC FEB 12 2015 North Caro N Coastal FI m. Working Together; ti U-' ra M U. S. Army Corps of Engineers P.O. Box 1890 Wilmington, NC 28402 Certified Mail — Return Receipt Requested Dear Sir or Madam: O 0 fU ra 7 ri O M1 �KK 0 s Postage $ VC Cediged Fee "• Re tum Receipt Fee �(� Poe rk�(•p (Endorsement Required) Metre RBslrkted Del00 Nery Fee t. 2 2015 O (Endowment Required) Total Postage &Fees $ ,°.? 02. eO1 ` A&n y G'OR of / EE�s apt No.; w PO Box No. City, Stafe,At,-, � The NC Division of Parks and Recreation, Carolina Beach State Park (1010 State Park Road, Carolina Beach, NC) is applying for a CAMA Major Permit to create 610' of oyster bag sill to prevent erosion and to restore oyster and fisheries habitat located along the estuarine shoreline southward of the existing state park marina and boat ramp adjacent to the Cape Fear River, in New Hanover County, North Carolina. The specifics of the proposed work are in the enclosed application forms and drawings. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Should you have any objections to this proposal, please send your written comments to Debbie Wilson, Wilmington Regional Manager, 127 Cardinal Drive Ext. Wilmington, NC 28405-3845 (Ph: 910-796-7215, Fax: 910-395-3964) within 30 days of your receipt of this notice. Such comments will be considered by the Department in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 910-509-2838, or e-mail me at traces( nccoastor4. Since ly, Tracy E. Skrabal Coastal Scientist/Southeast Region Manager Enclosures RECEIVED MAR 0.3 2015 fMtM-Mnp+ Pity RECEIVED DCM WILMINGTON, INC FEB 12 2015 North Carolina Coastal Federation Working Together for a Healthy Coast Statement of Compliance with North Carolina Environmental Policy Act (NCGS 113A 1-10) The "Carolina Beach State Park Marsh and Oyster Habitat Restoration Project' has been proposed to include lands within the Carolina Beach State Park, along the Cape Fear River. As such, and in accordance with the requirements of the NC Environmental Policy Act for projects involving the use of state funding or state properties, this statement is to certify that the project as proposed is in accordance with the requirements and intent of the North Carolina Environmental Policy Act. Tracy Skr4gd, Agent, North Carolina Coastal Federation Date RECEIVED MAR 0 3 1015 (�:�W'MIAP V�Tb RECEIVED DCM WILMINGTON, NC FEB 12 2015 North Carolina Coastal Federation Southeast Region Office 1 309 W. Salisbury St Wrightsville Beach, NC 28480 Phone: 910-509-2838 1 Fax: 910-509-2840 Website: www.nccoas[org Ms. Debbie Wilson, Wilmington Regional Manager Division of Coastal Management, NC Department of Environmental and Natural Resources 127 Cardinal Drive Wilmington, NC 28405-3845 February 12, 2015 Dear Ms. Wilson: On behalf of the NC Division of Parks and Recreation, Carolina Beach State Park, please accept this request to construct 610 linear feet of oyster shell bag sill along a portion of the estuarine shoreline fronting the Carolina Beach State Park The purpose of the project is shoreline stabilization and preservation/restoration of the coastal marsh and oyster habitat along the Cape Fear River. The use of oyster shell bags as sills is a well- established and successful technique in NC, and the ecological benefits of this type of "living shoreline" method are supported by scientific monitoring and reporting in the literature. From a pre -application meeting held with Mr. Robb Mairs on 2/10/15, it is our understanding that Carolina Beach State Park has a valid Major CAMA Permit for marina/dredging/shoreline work within the vicinity of this project shoreline (CAMA Permit # 165-08). Therefore, our request would be to authorize this current request through a modification of the existing CAMA Major Permit If any additional information is required for the review of this request, please do not hesitate to contact me. Thank you in advance for your consideration of this project Sincerely, L/ RECEIVED Tracy E. Skrabal Southeast Region Manager MAR 0 3 2015 Agent for NC Division of Parks and Recreation POW W "nA b,.Y cc: Carolina Beach State Park Superintendent RECEIVED DCM WILMINGTON NO FEB 12 2015 Simpson, Shaun From: Mairs, Robb L Sent: Thursday, February 12, 2015 3:09 PM To: Simpson, Shaun Subject: FW: Original Lease from Department of Army for Carolina Beach State Park Attachments: CABE original MOTSU license (1).pdf Fyi on the pending application. From: Tracy Skrabal rmailto:tracysPnccoa Sent: Thursday, February 12, 2015 3:07 PM To: Mairs, Robb L Subject: Original Lease from Department of Army for Carolina Beach State Park Robb- Good afternoon. I dropped off the CAMA app today for the Carolina Beach State Park. As part of the packet, I included a copy of the long term property lease and the most recent re -authorization letter from the Department of the Army. Since I submitted, Carla (at CBSP) located the original lease agreement from 1996. As I understand it, the leases are expected to run and be renewed every 5 years, but the final renewal documentation is fairly "fluid" and can sit on the Governor's desk for many years, but the agreement process continues between the CBSP and the Department of the Army. I wasn't sure whether or not you would need the original lease in addition to the latest authorization letter from the Army, so I'm sending along the original as well. Happy to bring a hard copy if you would like. Many thanks for your guidance. Tracy Tracy E. Skrabal Coastal Scientist\ Southeast Regional Manager NC Coastal Federation 309 W. Salisbury Street Wrightsville Beach, NC 28480 Ph: (910) 509-2838 (0) (910 )231-6601 (cell) Fax: (910) 509-2840 Visit www.nccoast.org to join or learn more. Please consider the environment before printing this email RECEIVED MAR 0 3 2015 nrn���a w„y DISTRIBUTION: DATE ')I - ` CESAS-RE-RM -:MOT, SUNNY POINT_: MTMC, EASTERN AREA STATE OF NORTH CAROLINA NO. DACA21-3-97-1405 DEPARTMENT OF THE ARMY LICENSE MILITARY OCEAN TEW IINAL, SUNNY POINT NEW H.k-NOVER COUNTY, NORTH CAROLINA THE SECRETARY OF THE ARMY, hereinafter referred to as the Secretary, under the general administrative authority of the Secretary, hereby grants to STATE OF -NORTH CAROLINA, hereinafter referred to as the Grantee, a license for public recreation purposes on 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 June 15, 1996, and ending June 14, 2001, 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 correspondence and notices to be given pursuant to this license shall be addressee if to the Grantee, to State of North Carolina, c/o Department of Environment, Health and Narural Resources, Division of Parks & Recreation. P.O. Box 27687, Raleigh, North Carolina 27611-7687; and if to the United States, to the District Engineer, U.S. Army Engineer District, Savannah, ATTN: Chief, Real Estate Division, 100 West Oglethorpe Avenue (31401 3640), P.O. Box 889, Savannah, Georgia 31402-0889; 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. RECEIVED RECEIVED MAR 0.3 2015 DCM WILMINGTON, NC 991' �"' HoC1TY FEB 12 2015 LICENSE NO. DACA21-3-97-1405 MILITARY OCEAN TERMINAL, SUNNY POINT 4. AUTHORIZED REPRESENTATIVES Except as otherwise specifically provided, any reference herein to "Secretarc". "District Engineer". "Installation Commander", or "said officer" shall include their duly authorized representatives. Any reference to "Grantee" shall include any duly authorized representatives. 5. SUPERVISION BY THE INSTALLATION COMMANDER The use and occupation 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 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 condition, and understands that the same is granted without any representations or warranties whatsoever and without any obligation on the part of the United States. 9. COST OF UTILITIES CONDITION DELETED RECEIVED DCM WII A41N1(;T0N, NC FFB 1 2 2017 2 LICENSE NO. DACA21-3-97-1405 MILITARY OCEAN TERMINAL, SUNNY POINT 10. PROTECTION OF PROPERTY RECEIVED MAR 0 8 201i bClC"=MMbM M!I? e The Grantee shall keep the premises in good order and in a clean. sate 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 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. INDEYLriTY CONDITION DELETED 12. 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 satisfacton. 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 properry 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 sum which may be expended by the United States after the expiration, revocation, or termination of this license in restoring the premises. 13. NON-DISCRIMINATION a. The Grantee shall not discriminate against any person or persons because of race, color, age, sex, handicap, national original, 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. § 2000d); the Age Discrimination Act of 1975 (42 U.S.C. § 6102); the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794); and all requirements imposed by or pursuant to the Directive of the Department of Defense (32 CFR Part 300) 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. E D 3 DCM WILIANGTON, NC FEB 1 2 2015 LICENSE NO. DACA21-3-97-1405 MILITARY OCEAN TERNINAL, SUNNY POINT 14. TERNIINATION This license may be terminated by the Grantee at any time by giving the District Engineer at least thirty (30) days notice in writing. 15. 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. 16. 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 disturbance until said officer gives clearance to proceed. 17. DISCLAIMER This license is effective only insofar as the rights of the United States in the premises are 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 RECEIVED 4 DCM WILMINGTON, NC FEB 1 2 2015 RECEIVED MAR 0 3 2015 LICENSE NO. DACA21-3-97-1405 MILITARY OCEAN TERMINAL, SUNNY POINT Harbors Act of March 3, 1899 (33 U.S.C. 403), and Section 404 of the Clean Water Act (33 U.S.C. 1344). 18. PRELIMINARY ASSESSMENT SCREENING A Preliminary Assessment Screening (PAS) documenting the known history of the property with regard to the storage, release or disposal of hazardous substances thereon is attached hereto and made a part hereof as Exhibit B. Upon expiration, revocation or termination of this license, another PAS shall be prepared .which will document the environmental condition of the property at that time. A comparison of the two assessments will assist the said officer in determining any environmental restoration requirements. Any such requirements will be completed by the Grantee in accordance with the condition on RESTORATION. 19. LIABILITY INSURANCE a. At the commencement of this license. the Grantee. unless self -insured, shall obtain from a reputable insurance company or companies contracts of liability insurance. The insurance shall provide an amount not less than that which is prudent. reasonable and consistent with sound business practices for any number of persons or claims arising from any one incident with respect to bodily injuries or death resulting therefrom, property damage, or both, suffered or alleged to have been suffered by any person or persons, resulting from the operations of the Grantee under the terms of this license. The Grantee shall require its insurance company to furnish to the District Engineer a copy of the policy or policies, or, if acceptable to the District Engineer, certificates of insurance evidencing the purchase of such insurance. b. The insurance policy or policies shall specifically provide protection appropriate for the types of facilities, services and activities involved, and shall provide that the District Engineer be given thirty (30) days notice of any cancellation or change in such insurance. c. In the event the Grantee is self -insured, the Grantee shall certify such self-insurance in writing to the District Engineer. d. The District Engineer may require closure of any or all of the premises during any period for which the Grantee does not have the required insurance coverage. 20. PROHIBITION AGAINST OVERNIGHT CAMPING The Grantee will not permit overnight camping including the use of a motor home or trailer within the licensed premises. RECEIVED DCM WILMINGTON, NC FEB 1 2 2015 LICENSE NO. DACA21-3-97-1405 MILITARY OCEAN TERMINAL, SUNNY POINT 21. FOREST MANAGEMENT The Secretary reserves the right to manage the licensed premises in accordance kith the approved forest management plan. Harvesting and/or thinning will be coordinated with the Grantee prior to cutting. 22. LICENSE RENEWAL Subject to agreement of the parties hereto, this license may be renewed at the end of each five- year term for an additional five-year term. 23. SEMI :ANNUAL INSPECTIONS Representatives of the Grantee and said officer will jointly inspect the licensed premises every six (6) months to ascertain any additional work which might be required to insure orderly management of the land (reclosing entry trails, restoring protective signs, etc.). Available Government equipment and personnel will be used following the inspections to assist in accomplishing the additional work details. 24. EVACUATION DURING OPERATIONAL CONTINGENCIES The Grantee acknowledges that the licensed 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 licensed premises immediately upon notification by the Installation Commander 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 licensed premises until notification by the Installation Commander that the evacuation can be terminated. 25. REPLACED LEASE This license instrument replaces, but does not supersede, Lease No. DACA21-1-76-1527 entered into between the Government and the Grantee. Execution of this instrument is evidence of the Grantee's agreement to be bound to fulfill any responsibilities which may have arisen or may become evident in the future as a result of Grantees use of the premises under Lease No. DACA21- 1-76-1527 and evidences Grantee's continued use of the licensed premises subsequent to the expiration date of said lease and prior to the date this license was executed. RECEIVED DCM WILMINGTON, NC FEB 1 2 2015 N. RECEIVED LICENSE NO. DACA21-3-97-1405 MAR 0 3 1015 MILITARY OCEAN TERNIINAL, SUNNY POINT m-m"wn I.." 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 _ - day of '_,' , 199_-. Witness: 0 THIS LICENSE is also executed by the Grantee this 27 th day of March . 1998 . Secretary of State STATE OF NORTH CAROLINA By(: 0240 N e: 1 M .4 R_ HTTNT 7 R_ Title: Governor RECEIVED DCM WILMINGTON, NC FEB 1 2 H15 STATE OF NORTH CAROLINA COUNTY OF WAKE I, l �l?Lt ( 4 . h1(-u i � , a Notary Public in and for the County and State aforesaid, do herebv certify that ELAINE F. MARSHALL, Secretary of State of North Carolina, personally came before me this day and acknowledged that she is Secretary of State of North Carolina, and that by authority duly given and as the act of the State, the foregoing instrument was signed in its name by JAMES B. HUNT, JR.. 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 of North Carolina. IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal, this the y of �S�1t'�1n 1998. 011c-x LT Notary Publi My Commission Expires: Sj 01 File No. 65-10.4 RECEIVED DCM WILMINGTON, NC FEB 1 2 2015 DISTRIBUTION: DATE ' - CESAS-RE-RM _� MOT. SUNNY POINT _; MTb1C, EASTERN AREA J STATE OF NORTH CAROLINA SUPPLEMENTAL AGREEMENT NO. 2 RECEIVED TO MAR 0 3 2015 LEASE NO. DACA21-1-76-1527 MILITARY OCEAN TERMINAL, SUNNY POINT NEW HANOVER COUNTY, NORTH CAROLINA THIS SUPPLEMENTAL AGREEMENT NO. 2 is made and entered into by and between the STATE OF NORTH CAROLINA, hereinafter referred to as the Lessee, and the Secretary of the Army, hereinafter referred to as the Secretary. -WITNESSETH- WHEREAS, on September 15, 1976, the Secretary of the Army granted to the State of North Carolina, Department of Administration, a lease for 1,300 acres, more or less. for use as an extension of the Carolina Beach State Park, for a term beginning 1 March 1976 and ending 30 April 1981, with the option to renew at the end of each five-year term for an additional five-year term, subject to the concurrence of both parties; and WHEREAS, said lease was amended by Supplemental Agreement No. 1 effective 15 June 1981 to reflect an extension in the lease term through 14 June 1986, to delete 22.26 acres, more or less, and to add Conditions 35 and 36; and WHEREAS, it is the desire of the parties to amend said lease to reflect continued occupancy of the leased premises through 14 June 1996 and to reflect a reduction in the leased premises to 235 acres. NOW, THEREFORE, for and in consideration of the premises and for other good and valuable considerations inuring unto each of the parties hereto, the parties hereto do mutually covenant and agree as follows: 1. That effective 14 June 1986 said lease is amended as follows: In the granting clause, delete the words and numerals "beginning 15 June 1981 and ending 14 June 1986" and substitute in lieu thereof, "beginning 15 June 1986 and ending 14 June 1991." 2. That effective 1 April 1989 said lease is amended as follows: In the granting clause, delete the words "to include hiking trails, restroom facilities, and picnic areas on all that certain area containing 1300 acres, more or less, located on Military Ocean Terminal, Sunny Point, as inlined in red on Exhibit'A-l'" and substitute in lieu thereof "on all that certain area containing 235 acres, more or less, located on Military Ocean Terminal, � ED Sunny Point, as shown on Exhibit'A-2'." uGivl VViL viI VGTON, NC FEB 12 2015 1 LEMENTAL AGREEMENT NO. 2 TO LEASE NO. DACA21-1-76-1527 MILITARY OCEAN TERMINAL, SUNNY POINT 3. That effective 14 June 1991 said lease is amended as follows: In the granting clause, delete the words and numerals "beginning 15 June 1986 and ending 14 June 1991" and substitute in lieu thereof, "beginning 15 June 1991 and ending 14 June 1996." All other terms and conditions of the lease instrument shall remain unchanged and in full force and effect. IN WITNESS WHEREOF I have hereunto set my hand by authority of the Secretary of the Army this = - day of M - -i 1 199 Sinned and sealed in the presence of: Contracting Officer �. MY Comm on Ex?ire; u+•rh 5 �nm THIS SUPPLEMENTAL AGREEMENT NO. 2 is also executed by the Lessee this 27th day of March 199 8. STATE OF NORTH CAROLINA (: I . By: Signed and sealed in Name: JAMES B. HUNT, JR. the presence of: Title: Governor RECEIVED DCM WILMINGTON, NC FEB 1 2 2015 DISTRIBUTION: DAZE - CFSAS-RE-RM _: mar, SUNNY POINT _: MTMC, EASTERN AREA STATE OF NORTH CAROLINA _ SUPPLEMENTAL AGREEMENT NO.2 RECEIVED TO LEASE NO. DACA21-1-76-1527 MAR 0 8 20b MILITARY OCEAN TERMINAL, SUNNY POINT aer..=r re etY NEW HANO'VER COUNTY, NORTH CAROLINA THIS SUPPLEMENTAL AGREEMENT NO. 2 is made and entered into by and between the STATE OF NORTH CAROLINA, hereinafter referred to as the Lessee, and the Secretary of the Army, hereinafter referred to as the Secretary. -WITNESSETH- WHEREAS, on September 15, 1976, the Secretary of the Army granted to the State of North Carolina, Department of Administration, a lease for 1,300 acres, more or less, for use as an extension of the Carolina Beach State Park, for a term beginning 1 March 1976 and ending 30 April 1981, with the option to re mnew at the end of each five-year term for an additional five-year ter, subject to the conmirfenee of both parties; and WHEREAS, said lease was amended by Supplemental Agreement No. 1 effective 15 June 1981 to reflect an extension in the lease tens through 14 June 1996, to delete 22.26 acres, more or less, and to add Conditions 35 and 36; and WHEREAS, it is the desire of the parties to amend said lease to reflect continued occupancy of the leased premises through 14 June 1996 and to reflect a reduction in the leased premises to 235 acres. NOW, THEREFORE, for and in consideration of the premises and for other good and valuable considerations inuring unto each of the parties hereto, the parties hereto do mutually covenant and agree as follows: 1. That effective 14 June 1986 said lease is amended as follows: In the granting clause, delete the words and numerals "beginning 15 June 1981 and ending 14 June 1986" and substitute in lieu thereof, "beginning 15 June 1986 and ending 14 June 1991." ^_. That effective I April 1989 said lease is amended as follows: In the granting clause, delete the words "to include hiking trails, restroom facilities, and picnic areas on all that certain area containing 1300 acres, more or less, located on Military Ocean Terminal, Sunny Point, as inlined in red on Exhibit'A-1"' and substitute in lieu thereof "on all that certain area containing 235 acres, more or less, located on Military Ocean Terminal, Sunny Point, as shown on Exhibit 'A-2'." RECEIVED DCM WILMINGTON, NC FEB 12 2015 -3- STATE OF NORTH CAROLINA COUNTY OF WAKE I, 0 6 Qk-j i� . Nkg YS , a Notary Public in and for the County and State aforesaid, do hereby certify that ELAINE F. MARSHALL, Secretary of State of North Carolina. personally came before me this day and acknowledged that she is Secretary of State of North Carolina, and that by authority duly given and as the act of the State, the foregoing instrument was signed in its name by JAMES B. HUNT, JR., 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 of North Carolina. IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal, this the of .1998. My Commission Expires: File No. 6: •10.4 No X � � 4 - )f\ Notary Publi RECEIVED DCM W MINTON,, NC FEB 1 2 2015 « Man ,. E z.M?,nA1 yu « 10" E 2,12940CLW 4 i VED DCt,^ WILMINGTON, NO FEB 1 2 2015 RECEIVED MAR 0 8 1015 - ocm!-��� ,Mu'iec ii�1 w w MOT SUNNY POINT LEASE NO. DACA21-1-76-1527 GRANTEE: STATE OF NORTH CAROLINA ACREAGE: 235 SCALE: 1" = 500' DATE: October 7, 1997 F.X TMTT A-2 it DEPARTMENT OF THE ARMY SAVANNAH DISTRICT, CORPS OF ENGINEERS 100 W. OGLETHORPE AVENUE SAVANNAH, GEORGIA 31401-3640 March 4, 2014 Real Estate Division Mr. Pete Colwell, Land Protection Specialist State of North Carolina Department of Environmental and Natural Resources 1615 Mail Service Center Raleigh, North Carolina 27699-1615 Dear Mr. Colwell: I am enclosing three (3) copies of proposed License DACA21-3-13-4104 granting the State of North Carolina authority to use approximately 235 acres of land for public recreation purposes in the buffer zone, Military Ocean Terminal, Sunny Point, North Carolina. If the proposed document is satisfactory, please have the appropriate official of your organization date and sign all copies of the proposed document. Have another official of your organization complete, date and sign all copies of the Certificate of Authority. Please return all completed documents to this office A copy of the executed document will be furnished for your files. Thank you for your cooperation in this matter. If you have any questions, please contact Ms. Yadira Gill at (912) 652-5024. Enclosure Sincerely, dira V. Gill Realty Specialist Management & Disposal Branch RECEIVED MAR 0 3 2015 44"!f"PIM CITY APPE-N b l x A- 3 (/ of 8) ,*U6 dM"tIAM 3CACtl SM7 P am, RECEIVED DCM WILMINGTON, NC FEB 12 2015 License No. DACA21-3-134104 MOTSU 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 the 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, 1615 Mail Service Center, Raleigh North Carolina 27699, hereinafter referred to as the grantee, a license for public recreation purposes over, across, in and upon lands of the United States, as identified on EXHIBITS) "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 ten (10) years, beginning June 15, 2006, and ending June 14, 2016, 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 correspondence and notices to be given pursuant to this license shall be addressed, if to the grantee to: STATE OF NORTH CAROLINA, Department of Environmental and Natural Resources, Division of Parks and Recreation, 1615 Mail Service Center, Raleigh, North Carolina 27699-1615 and if to the United States, to the District Engineer, Attention: Chief, Real Estate Division, Savannah District, 100 W. Oglethorpe Avenue, Savannah, Georgia 31401-3640 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 RECEIVED States Postal Service. MAR 0 3 2015 4. AUTHORIZED REPRESENTATIVES iY01w'"�Inp pl1'M Except as otherwise specifically provided, any reference herein to "Secretary", "District Engineer", or "said officer" shall include their duly authorized representatives. Any reference to "grantee" shall include any duly authorized representatives. RECEIVED DCM WILMINGTON, NC �a ©11--(5) FEB 12 2015, License No. DACA21-3-13-4104 MOTSU 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 condition, and understands that the same is granted without any representations or warranties whatsoever and without any obligation on the part of the United States. 9. COST OF UTILITIES 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 famished 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 RECEIVED prescribed by the officer having such jurisdiction. MAR 0 9 1015 r7CM-MMD CITY RECEIVED DCM WILMINGTON, NC �.3 0 F76) z FEB 12 2015 License No. DACA21-3-134104 MOTSU 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 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 sum which may be expended by the United States after the expiration, revocation, or termination of this license in restoring the premises. 12. NON-DISCRINIINATION a. The grantee shall not discriminate against any person or persons because of race, color, age, sex, handicap, national 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 Defens44ECENED (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, MAR 0 3 2015 transferees, and assignees. pouwm A a" ECEIVED DCM WILMINGTON, NC FEB 12 2011 (y- o 18) - License No. DACA21-3-13-4104 MOTSU 13. TERMINATION This license may be terminated by the grantee at any time by giving the District Engineer 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. 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 . RECEIVED notify said officer and protect the site and the material from further disturbance until said officer gives clearance to proceed. MAR 0 3 2015 16. DISCLAIMER Dertd-MMM© CCTV This license is effective only insofar as the rights of the United States in the premises are 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 Arm permit for activities which involve the discharge of dredge or fill material or the place ECEN DVYLMINGTON, NC 4 FEB 12 2015 License No. DACA21-3-13-4104 MOTSU 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. PRELIMINARY ASSESSMENT SCREENING (PAS) A Preliminary Assessment Screening (PAS) documenting the known history of the property with regard to the storage, release or disposal of hazardous substances thereon, is attached hereto and made a part hereof as EXHIBIT "B", on expiration, revocation or termination of this license, another PAS shall be prepared which will document the environmental condition of the property at that time. A comparison of the two assessments will assist the said officer in determining any environmental restoration requirements. Any such requirements will be completed by the grantee in accordance with the condition on RESTORATION. 18. 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 DACA21-3-97-1405 which was granted to the STATE OF NORTH CAROLINA for a five (5) year term beginning June 15, 1996 and ending June 14, 2001 with a five-year renewal option beginning June 15, 2001 and ending June 14, 2006. c. This license is not intended to grant the grantee the exclusive use of the right-of-way but the joint use with the public and the Government. The licensed premises shall, at all times, be open and unobstructed for use by the public, and the grantee will do nothing to restrict or interfere with the use and enjoyment of the premises, except in preventing accidents or injury to the public. d. 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. THIS LICENSE is not subject to Title 10, United States Code, Section 2662, as amended. RECEIVED MAR 0.3 7015 DCM-MHD CITY 5 DCM RECEIVED ON, NO 8� FEB 12 2015 09 v" M �Oh1LpU r RECEIVED MAR 0 3 2015 I'/P.MN'MMMa iaiTM NC PRELIMINARY ASSESSMENT SCREENING FOR REAL PROPERTY TRANSACTIONS WITH PARTIES OUTSIDE THE Ua ARMY TO BE PREPARED BY THE PROPONENT OF THERMAL PROPERTY TRANSACTION Environmental Documentation supported by this PAC: Categorical Exclusion / Record of Env6ronmental Consideration Environmental Asessment Environmental Impact Statement 2. Name of 3. Description of Real Property and Location: 4. Check the appropriate box: PAS indi.;tates that no hazardous substance storage, Yelease into the environment or structures, or disposal took place on the subject property OR the release of hazardous substance into the environment is not considered probable. (Include this form with the real property transaction record.) PAS indicates the existence, or potential for release, of hazardous substances into the environment or structures of the subject property. (Army proponent must carry out DERP investigation procedures of AR 200-1, Chap. 9. Proponent may elect to exclude that portion of property from the transaction.) Prepared by: 4-4 Date: uC e l, 00eD P OCKc•/?y, -1 LICENSE NXDACA21-3- HBEIT B NO O 0 GAROLINA BEACH I To© STATE PARK mingb 1 Miles TRAILS *" i ®B N NybmileI l R� 1J \ through pemsin, lensed pines pine and half -mile Imppthrvanna T- +••SnowsCutTrast •'�\\ 3 i �\ ?, ccmmunin9ieaf turkey seem al ng the edges ofth es Venus fly[raps nve seen along ns,and % J �. ® ••. native nativeerr m long thethepPans boardwalks Please travel along wooden boardwalks. Please stay on the stay on � gwbloom trail to avoid damaging small and fragile plants (9rr�� ,JYe So9ac �• ''..., ° O m Easy 03mlles orange diaonds •.....• ' Flytrap err ��lk�\�;! i ��• �.. SugauloalTralk marked with orange circles.isa J Trail / three-milere, gre a[theard marinaparking a �,..s• area, This ball oflersgreat birtlingasyou Thisonth offers s. •� wind your way through several distinct habitats. ' •. dZsa © .t '�• Journey though a coastal evergreen forest a coastal fringe sandhill forest tidal �• un ~'•. ..... '-_: _. q9 i �\ a gum swamp and a longleaf to the Sugarloaf .Sk'amp pine savannah on your way O Dune, a prominent prs{olonial and Civil War ological(eatum aq Marsh '�` ® .,•y � t 10 1 ge . Easy 3.0 miles orangecinles � Ov„T erlook Qa Grass '• Lily ,••• •� Pond 1 I ' londi!O Camp9rourMTnB Isom mile In lengM. R begins . y i '• `r�s•• '• / / \ _ and ends at the familycampground and brie oins p9 col Much oftbetrahsplathrough ; O Sugarloaf Trail a eI� �:. /• Ff W ••��'•'•"'c �\ coaadofinige commu slorglelforest. community, ry, �•Pl �'•ai •+ doastal minated b pinesThis live oaks dominated by longleaf pines and live oaks, is Pond j pond *\ � ♦, threatened and becoming very rare. F QO Ferry 10 miles blue circles •`.. •"'(� •� u7 /' •' / SssoWs CutTail less than a hah-mile long, craves from the family campground to the picnic area. The 0P �' largest pine and hardwood trees in the park may be �••//- North seenalorgthetrall. Easy .45 miles red dlamands T O '\ Swamp Trall, a thrttquaner mile trail marked wtth •` 0 1,000 2000 Feet LEGEND red circles, begins and ends along Sugarloaf Trail. It ®A«e551We provides access to the group camping areas, as well ®Bathhouse as views of a tidal rypressyum swamp and brackish - 1m xv q.=.. marsh that run opposite one anotheralong the trail. BBoat Ramp Easy .75 miles 40 red circles Concession Stand ® Dump Station OakioaTnB is a quarter mile spur trail off of the \\ ® FamilyCamping Sugarloaf rail and Is marked with blue diamonds. ''" e Fishing Deck View dwarf palmetto and oak toe lichen as you ®Gawp Camping Journey W the dyers edge with an eventual �'/ O� O NORTH CaROLINa Sun paRRE ®Hiking Trails •••••••••• desdnatlon of the Marsh Overlook Great views of C p thee Fear River await and the brackish marsh is u. n ©Hospital -New Hanover a great place to see fiddler crabs as they navigate Regional(910) 343-70DO the romflats. 6/14 ❑� -F•.a Emergenc9911 Easy .25 miles bluedlamonds ®Marina Rghtsmnr ''II Pe J u To Kure No �dnkmunuary - Park Gate Park Office Picnic Area Pointoflnterest Post Office _ Town of Carolina Beach Greenway, — — _ — A" Z 0 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 REPLYTO ATMMONOP: April 21, 2015 Regulatory Division Action ID No. SAW-2015-00503 and State Permit No. 50-15 Mr. James C. Helms North Carolina Division of Parks and Recreation Post Office Box 475 1010 State Park Road Carolina Beach, North Carolina 28428 Dear Mr. Helms: Reference your application for a Department of the Army permit to construct a bagged oyster shell and marl sill along 610•lf the Carolina Beach State Park shoreline for marsh habitat restoration and shoreline protection. This project is located in the Cape Fear River along the Carolina Beach State Park shoreline, New Hanover County, North Carolina. Your proposal has been reviewed and found to be consistent with the provisions and objectives of the CAMA-Corps Programmatic Permit process (copy attached) for construction activities that receive authorization from the State of North Carolina. Therefore, you may commence construction activity in strict accordance with applicable State authorization, attached Federal special conditions, and the approved plan. Failure to comply with the State authorization or conditions of the Federal permit could result in civil and/or administrative penalties. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as'revised plans must be reviewed and the authorization modified. Your Department of the Army permit will expire on December 31, 2016. RECEIVED APR 2 7 2015 DCRA-MIHD CITY Questions or comments may be addressed to Mr. Tyler Crumbley, Wilmington Field Office, Regulatory Branch, telephone 910-251-4170. Sincerely f �k - W Tyler Crumbley Regulatory Project Manager Enclosures: CAMA permit GP 291 conditions Special Conditions Copy Furnished (with enclosures): Ms. Tracy Skrabal North Carolina Coastal Federation 309 W. Salisbury Street Wrightsville Beach, North Carolina 28480 Copies Furnished (without enclosures): Mr. Fritz Rhode National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Mr. Pace Wilber National Marine Fisheries Service Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557-3421 RECEIVED APR 9.7 7015 OCM-MHO CITY -3- Ms. Debra Wilson Division of Coastal Management North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Mr. Chad Coburn Division of Water Resources North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Ms. Karen Higgins Division of Water Resources North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Todd Allen Bowers US EPA Region 4 Life Scientist Water Protection Division 61 Forsyth Street, SW Atlanta, Georgia 30303-8960 BOSN3 Mr. Scott McAloon United States Coast Guard Sector North Carolina Waterways Management 2301 E. Fort Macon Road Atlantic Beach, North Carolina 28512 RECEIVED APR 2 7 nis DeffA-MHD CITY DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 MMYTO ATrEMYONOR. April 20, 2015 Regulatory Division Action ID No. SAW-2015-00503 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Huggett: vtvU Reference the application of Mr. James C. Helms of the NC Division of Parks and Recreation to construct a bagged oyster shell and marl sill along 6101f the Carolina Beach State Park shoreline for marsh habitat restoration and shoreline protection. This project is located at 1010 State Park Road within the Cape Fear River along the Carolina Beach State Park shoreline, New Hanover County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at htip://www.fws.gov/nc-es/mammal/manatee euidelines.pdf. 2. Dredging is not authorized. 3. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910) 772-2191. RECEIVED APR 2 2 Mi PpIrt 0 ern -2- 4. All work authorized by this permit must be performed in strict compliance with the submitted plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 5. The docks and piers extending over wetlands will be elevated sufficiently (a minimum of 3 feet) above the wetland substrate to prevent total shading of vegetation, substrate, or other elements of the aquatic environment. 6. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. 7. Approval of the structure is based on determinations that there would be no obstruction to navigation. The structure may be damaged by wave wash from passing vessels. Issuance of this permit should not be construed, as relieving the permittee of taking proper steps to insure the structure and moored boats will not be damaged by wave wash. 8. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 9. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 10. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. RECEIVED 11. All mechanized equipment will be regularly inspected and maintained to prevent APR 2 2 20'4 contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic ❑o�w,.,,,, rw materials. In the event of a spill of petroleum products or any other hazardous waste, the -3- permittee shall immediately report it to the N.C. Division of Water Quality at (919) 733-5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 12. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 13. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. 14. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 15. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter I I3A Article 4). 16. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 17. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -project condition. RECEIVED APR 2 2 2Ut5 LX'+M?MMe CITY -4- 18. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. Questions or comments may be addressed to Mr. Tyler Crumbley, Wilmington Field Office, Regulatory Division, telephone (910) 251-4170. Sincerely, % � . / Tyler C bley, Project Manager Wilmington Regulatory Field Office Copies Furnished: Ms. Karen Higgins Division of Water Quality North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Fritz Rohde National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 RECEIVED APR 8 2 2U15 DGM`MMB CITY -5- Mr. Pace Wilber National Marine Fisheries Service Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Mr. Todd Allen Bowers US EPA Region 4 Life Scientist Water Protection Division 61 Forsyth Street, SW Atlanta, Georgia 30303-8960 Chad Coburn Division of Water Resources North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 RECEIVED APR 2 P ,` F'!�^M�'kRlta�t"�M5 _t material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 11. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Quality at (919) 733- 5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 12. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the ed work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination 14. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 15. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). 16. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 17. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -project condition. 18. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation Tyler Crumbley Project Manager U.S Army Corps of Engineers -Wilmington District Wilmington Regulatory Field Office 69 Darlington Avenue Wilmington, NC 28403 Phone: 910-251-4170 Fax:910-251-4025 email: tyler.crumbley@usace.army.mil "The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at: http://regulatory.usacesurvey.com/"