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HomeMy WebLinkAbout52-15 MM 2018 Town of Sunset BeachPermit Class MODIFICATION/MAJOR Permit Number 52-15 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Permit 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 RECEIVED DEC 2 7 2018 DCM-MHD Issued to Town of Sunset Beach 700 Sunset Blvd. North Sunset Beach, NC 28468 Authorizing development in Brunswick County at AI WW and Mary's Creek. 206 Sunset Blvd. NorthSunset Reach , as requested in the permittee's application dated 9/11/18, including attached workplan drawings (2)Sheet 1 of 2 dated revised 9/7/I8 and Sheet 2 of 2 dated 2/28/18. This permit, issued on December 20, 2018 , 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. Offshore SiWOvster Reefs 1) Unless specifically altered herein, this Major Modification authorizes the oyster shell sill and marsh plantings that are depicted on the attached workplan drawings. 2) The alignment of the permitted offshore sill/oyster reefs 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 any construction. 3) The alignment of the approved offshore sill/oyster reefs shall adhere to the alignment depicted on the attached workplan drawings, including the location and design of the openings designed to allow for movement of aquatic organisms. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DEQ and the other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission. 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, 2021 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Town of Sunset Beach Permit No. 52-15 Page 2 of 3 ADDITIONAL CONDITIONS 4) The ends of each of the three (3) offshore sill/oyster reefs shall be marked with a yellow reflector extending at least three feet above normal high water level. 5) The permittee shall notify the Division of Coastal Management and the Division of Marine Fisheries Shellfish Sanitation Section immediately upon completion of the authorized offshore sills/oyster reefs so that closed shellfish harvesting signs can be posted and modified patrol plans can be developed by the NC Marine Patrol. 6) All plantings shall take place in accordance with the project narrative dated 8/10/15 and the attached workplan drawings. 7) No open water areas shall be filled outside the alignment depicted on the attached workplan drawings. 8) In order to protect water quality, runoff from the construction shall not visibly increase the amount of suspended sediments in adjacent waters. 9) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials from any portion of disturbed staging areas do not enter adjacent wetlands, watercourses and property. 10) Any staging areas shall be inspected and approved by a representative of the Division of Coastal Management prior to the initiation of any work under this permit 11) 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. 12) The authorized vegetation protection mats shall be removed upon completion of construction of the authorized offshore sills/oyster reefs. 13) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at littp://www.fws.lzov/nc-es/maiTunal/manatee guidelines.ndf. Vegetation and Oyster Monitorin¢ 14) Unless specifically altered herein, the vegetation and oyster monitoring and reporting requirements listed in the above referenced project narrative shall be implemented. 15) The permittee shall provide a copy of the vegetation and oyster monitoring report to the Division of Coastal Management within 90 days of completion of the initial report and the three (3) subsequent annual reports. l Town of Sunset Beach ADDITIONAL CONDITIONS General Permit No. 52-15 Page 3 of 3 16) 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 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. 17) This permit does not grant any property rights or exclusive privileges. 18) The 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. 19) This Major Modification shall be attached to the original of Permit No. 52-15, which was issued on 4/23/15, as well as all subsequent modifications, and copies of all documents shall be readily available on site when Division personnel inspect the project for compliance. 20) All conditions and stipulations of the active permit remain in force under this Major Modification, unless specifically altered herein. 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) 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 Resources has assigned the proposed project DWR Project No. 18- 1602, which was issued 12/19/18. NOTE: The U.S. Army Corps of Engineers assigned the proposed project COE Action Id. No. SAW- 2015-00113. 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 DEC 2 7 2018 OCM-MHD CITY ROY COOPER NORTH CAROLINA Governor Environmental Quality MICHAEL S. REGAN Secretary October 29, 2018 BRAXTON C. DAVIS Director East Coast Engineering & Surveying, P.C. c/o Jackson Starling, E.I. PO Box 2469 Shallotte, NC 28459 Dear Mr. Starting: The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent for the Town of Sunset Beach, for State approval for development of a living shoreline along the Sunset Beach Town Park at the subject property located at 206 Sunset Boulevard North, adjacent to Marys Creek and the Atlantic Intracoastal Waterway (AIWW), in Sunset Beach, Brunswick County. It was received as complete on October 4, 2018 and appears to be adequate for processing at this time. The projected deadline for making a decision is December 18, 2018. 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 October 4, 2018, 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. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerel , X4: Tyle`f McGuire Environmental Specialist cc: Courtney Spears, DCM Liz Hair, COE RECEIVED Doug Huggett, MHC Chad Coburn, DWR Hiram Marziano, LPO D_�� DEC 2 7 2018 F QDCM-MHD CITY North Carolina Department of Environmental ci allty I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I WilmfngtoR North Carolina 28405 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Town of Sunset Beach Go Hiram Marziano — Sunset Beach Town Park 2. LOCATION OF PROJECT SITE: 206 Sunset Blvd. N, Sunset Beach, Brunswick County Photo Index — 2006: 2-6205 J,K,L-10 Latitude: 330 54' 56.11" N Longitude: 78' 16' 12.14" W 3. INVESTIGATION TYPE: CAMA/D&F 9 5. 6. 7 INVESTIGATIVE PROCEDURE: Date of Site Visit: October 1, 2018 Was Applicant Present: NO PROCESSING PROCEDURE: Application Received: July 24, 2018 Application Completed: October 4, 2018 Office: Wilmington SITE DESCRIPTION: (A) Local Land Use Plan: Brunswick County Land Classification From LUP: Recreational/Institutional (High Ground) Conservation (Open Water) (B) AEC(s) Involved: CW, EW, PTA, ES, PTS Water Dependent: Yes (C) Intended Use: Public (D) Wastewater Treatment: Existing — Municipal Sewer Planned — N/A (E) Type of Structures: Existing — Public Park with Amenities, Parking Lot, Two (2) 'T- Head' Piers, Wooden Boardwalk, Gazebo, Permeable Paver Walkway, Five (5) Concrete Pads, Rip Rap Revetments Planned — Living Shoreline Stabilization (F) Estimated Annual Rate of Erosion: N/A Source: N/A HABITAT DESCRIPTION: [AREA] DREDGED FILLED nTHFR (A) Uplands N/A N/A N/A (B) Vegetated Wetlands N/A N/A NA (C) Open Water N/A N/A 11364 ft2 (A) Total Area Disturbed: 1,364 ft2 (B) Primary Nursery Area: YES (C) Water Classification: SA; HQW (D) Shellfish Harvesting Open: NO RECEIVED DEC 2 7 2018 DCM-MHD CITY 8. PROJECT SUMMARY: The applicant is proposing a major modification to existing State Permit No. 52-15 by constructing a living shoreline. Date Date Check From Name of Vendor Check Check Permit Rct. # Received Deposited Permit Holder Number amount Number/Comments 10/31/2018 East Coast Sunset Beach First Bank 2565 $400.00 major fee, Sunset Beach Town TP rct. 6994 Engineering & Park, Sunset Beach BrCo Surveying, P.C. SPLIT60/40 } H LU o U W N r U C] = UJ W o C3 0 East Coast Engineering & Surveying, P.C. ENGINEERS•PLAN NERS-SURVEYORS TRANSMITTAL DATE: October 29, 2018 TO: Mr. Tyler McGuire FROM: Jackson Starling SUBJECT: Sunset Beach Town Park- Living Shoreline Please find attached the following: • 1 - Check in the amount of $400.00 for the CAMA Major Application Fee Should you have any questions or require additional information please contact our office at your convenience. Thanks RECEIVED DEC 2 7 2018 DCM-MHD CITY RECEIVED DCM WILMINGTON, NC OCT 31. 2018 4918 Main Street' Post Office Box 2469' Shallotte, North Carolina 28459' Tel.: 910-754-8029 " Fax 910-754-8049 Firm License Number: C-3014 5 AM 5z-IS yk11 Notes d PN/Comment Deadline: ID%uI(b Day Comment Period: 11 (vi E7 (S� 1 d1.tl�al (Ev�t*V 6*� "e/v�d.A.� twN � o is a,- 0-dl QJ) 4-0 G b-a, vest, 16VIA.L -6- Lfm (volk 1 b Doug Huggett: lEp-fm I by Field Rep/DM: 1,2110)(6 12/v0/ N; RECEIVED DEC 2 7 2018 DCM-MHD CITY ROY COOPER Governor MICHAEL S. REGAN teary BRUTON C. DAVIS DIrWar SENT VIA EMAIL NORTH CAROLINA Environmental QuaUty December 18, 2018 East Coast Engineering & Surveying, P.C. Jackson Starling PO Box 2469 Shallotte, NC 28459 Dear Sir: This letter is in reference to your application for a Coastal Area Management Act Major Permit on behalf of the Town of Sunset Beach to undertake development activities on their property at 206 Sunset Blvd N, adjacent to Mar 's Creek/AIW W, Sunset Beach, Brunswick County. Although processing of the application is nearing completion, additional time is needed for this office to complete the review and make a decision on your request Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G.S.113A-122(c) which would make March 3, 2019, the new deadline for reaching a decision on your request However, we expect to take action prior to that time and will do so as soon as possible. In the interim, should you have any question on the status of your application, do not hesitate to contact me by phone (910-796-7426) or e-mail (courtney.spears@ncdenr.gov). cc: WiRO file MHC file Assistant Major Permits Coordinator RECEIVED DEC 2 7 2018 DCM-MHD CITY MKS' North Carollna Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington. North Carolina 28405 9f0.796.7215 ROY COOPER Governor MICHAEL & REGAN Secretary 6RAXTON C. DAVIS Director SENT VIA EMAIL NORTH CAROLINA Environmenlaf Quality December 18, 2018 East Coast Engineering & Surveying, P.C. Jackson Starling PO Box 2469 Shallotte, NC 28459 Dear Sir: kw(" This letter is in reference to your application for a Coastal Area Management Act Major Permit on behalf of the Town of Sunset Beach to undertake development activities on their property at 206 Sunset Blvd N, adjacent to Marys Creek/AIW W, Sunset Beach, Brunswick County. Although processing of the application is nearing completion, additional time is needed for this office to complete the review and make a decision on your request. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G.S.113A-122(c) which would make March 3, 2019, the new deadline for reaching a decision on your request. However, we expect to take action prior to that time and will do so as soon as possible. In the interim, should you have any question on the status of your application, do not hesitate to contact me by phone (910-796-7426) or e-mail (courtney.spears@ncdenr.gov). cc: WiRO file MHC file Assistant Major Permits Coordinator vrwnauww..aiow� RECEIVED DEC 2 7 2018 DCM-MHD CITY North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Off" 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 Spears, Courtney From: Coburn, Chad Sent: Monday, December 17, 2018 10:20 AM To: Spears, Courtney Subject: RE: town of sunset beach living shoreline Hey Courtney, I haven't issued it yet. It's only on day 42 for me but its #2 on my 401 tracking list. I'll try to get it out today but Morelia may not be in the office until tomorrow to sign it. Chad From: Spears, Courtney Sent: Monday, December 17, 2018 9:36 AM To: Coburn, Chad <chad.coburn@ncdenr.gov> Subject: town of sunset beach living shoreline Hi Chad, Did you issue the GC for the Town of SIB living shoreline? The 75 day is tomorrow. Thanks, Courtney RECEIVED DEC 2 7 2018 DCM-MHD CITY M DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 0C 1) APPLICANT: TownojSunsdBeachMM52-1S COUNTY: Brunswick PROJECT NAME: Town Park Living Shoreline LOCATION OF PROJECT: 206 Sunset Blvd N., adjacent to the AIWW, in Sunset Beach DATE APPLICATION RECEIVED COMPLETE BY FIELD:10-4-18 FIELD RECOMMENDATION: Attached: Yes CONSISTENCY DETERMINATION: Attached: No FIELD REPRESENTATIVE: 7) a McGuire DISTRICT MANAGER REVIEW: J/, -Z� B) DATE RECEIVED BY MAJOR PERMITS UNIT: (I 1 I4> PUBLIC NOTICE RECD: 11-1-18 ADJ. RIP. PROP NOTICES RECD: NtA 2404 (1 G APPLICATION ASSIGNED TO: �" 6 C) 75 DAY DEADLINE: IZ'mo I MAIL OUT DATE: 10-30-18 FEDERAL DUE DATE: PERMIT FINAL ACTION: ISSUE DENY_ To Be Forwarded: n/a To Be Forwarded: n/a D R`cc���FO F, �,L'4f y2�zole o0/ry DISTRICT OFFICE: WILMINGTON FEE RECD: $400 END OF NOTICE DATE: 11-22-18 DEED RECD: ✓ ON: 150 DAY DEADLINE: 313 M STATE DUE DATE: 11-22-18 FED COMMENTS RECD: DRAFT ON1Z/1k /1& AGENCY 1 l C�5v1S� Still/ * DATE COMMENTS RETURNED OBJECTION S: YES NO NOTES Division of Community Assistance V 306 y Division of Coastal Management-LUP Consistency g A(( t (U W VAS( L{d r Public Water Section (DWR) Lo I oVio y Land Quality Section (DEMLR) (D 3 ( 1 Division of Water Resources - 401 Section -r (2DZ State Properly Office Division of Archives & History Division of Marine Fisheries - Shellfish Section i �I Z1 �i8 k AAAIVna-Pa-'M°1 Division of Highways (NCDOT) Wildlife Resources Commission Local Permit Officer Res / Division of Marine Fisheries - DCM 1\ ko Corps of Engineers - Regulatory Branch IVA&-h%&A morc 41,fU Yme5 MKS ROY COOPER Gorcrnur MICHAEL S. REGAN Sron4ary BRAXTON DAVIS l nvanm u/ r ba.ml M1lunnganavu October 30, 2018 TO: Mark Zeigler DCA-Rural Economic Dev. Divison Wilmington Regional Office RFCFfvt�O 0 DFC 972018 CM MND CfTY FROM: Courtney Spears, Assistant Major Permits Coordinator NC DEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., INC 28405 courtneyspearsCilncdenraov Fax: 910-395-3964 (Courier 04-16-33) SUBJECT: CAMA /Dredge & Fill Application Review Applicant: Town of Sunset Beach Major Modification 52-15 Project Location: 206 Sunset Blvd N., adjacent the AIWW, in Sunset Beach, Brunswick Co. Proposed Project: construction of a Living Shoreline Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Spears at the address above by November 22, 2018. If you have any questions regarding the proposed project, contact Tyler McGuire at (910) 796-7424 when appropriate, in-depth comments with supporting data is requested. REPLY: _�K_ 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 IC / 3 0 / I P% RECEIVED OCT 3 0 2018 DCM WILMINGTON, NC State of Nonh Carolina I En lronmental Quality I Coastal Management 127 Cardinal Drive Exl., Wilmington, NC 28405 919 796 7215 MEMO To: Courtney Spears From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, Town of Sunset Beach, Sunset Beach, Brunswick County Date: November 16, 2018 rnsistency Determination: ct is consistent with the Sunset Beach Land Use Plan Update. The applicant proposes a major modification to existing State Permit No. 52-15 by constructing a living shoreline. The project is located at 206 Sunset Blvd. North in Sunset Beach. Areas of Environmental Concern (AEC's) impacted by the proposal are CW, PTS, ES, EW and PTA. Waters at the project site are classified as SA; HQW and are not open to the harvesting of shellfish. The area is a Primary Nursery Area. I have reviewed this proposal for consistency with the Town of Sunset Beach Land Use Plan and offer the following comments. The general area of the project is classified Residential, while the AECs impacted by the work are classified as Conservation. In general, the Town of Sunset Beach allows development in Conservation classified AECs which is consistent with the State's minimum use standards. The Town of Sunset Beach Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these standards appear to be applicable to this proposal. Provided all local, state and federal requirements can be met, this project appears to be consistent with the Town of Sunset Beach Land Use Plan. Cc: File RECEIVED DEC 2 7 2018 DCM-MHD CITY ROY COOPER Govemor MICHAEL S. REGAN Secretary BRAXTON DAVIS D,mclor, DivCemn of ('aavm/ Managemerrl October 30, 2018 TO: Heidi Cox Regional Engineering Supervisor Public Water Supply-WiRO Cj Nt ono 3 0 Zp�B RO-A ate kes Watesur� uRwy FROM: Courtney Spears, Assistant Major Permits Coordinator NC DEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 courtney.spears(a)ncdenr,00v Fax: 910-395-3964 (Courier 04-16-33) SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Town of Sunset Beach Major Modification 52-15 Project Location: 206 Sunset Blvd N., adjacent the AIWW, in Sunset Beach, Brunswick Co. Proposed Project: construction of a Living Shoreline Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Spears at the address above by November 2Z 2018. If you have any questions regarding the proposed project, contact Tyler McGuire at (910) 796-7424 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. SIGNE DATE RECEIVED DCM WILMINGTON, NC OCT 31 2018 RECEIVED State of North Carolina I Environmental Quality I Coastal Management 127 Cardmal Drive Ern., Wilmington, NC 29405 9197%7215 DEC 2 7 2018 ROY COOPER Governor MICHAEL S. REGAN tiecreiary BRAXTON DAVIS Dirncior. Division ofCoasia! Management October 30, 2018 TO: Dan Sams District Manager-DEMLR Wilmington Regional Office OCT 3 p _ 5 FROM: Courtney Spears, Assistant Major Permits Coordinator NC DEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 courtnev.svearsCo)ncdenr.aov Fax: 910-395-3964 (Courier 04-16-33) SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Town of Sunset Beach Major Modification 52-15 Project Location: 206 Sunset Blvd N., adjacent the AIWW, in Sunset Beach, Brunswick Co. Proposed Project: construction of a Living Shoreline Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Spears at the address above by November 2Z 2018. If you have any questions regarding the proposed project, contact Tyler McGuire at (910) 796-7424 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 ' ' DATE i icy/2t� /J9 RECEIVED RECEIVED OCT 31 2018 DEC 2 7 2018 DCM WILMINGTON, NC State of North Carolina I Envira 91.1'iQ.My RRITegement 127 Cardinal Drive Ezt, Wilmington, NC 28405 919 796 7215 DocuSign Envelope ID: 185A970E-9715-4186-B51`7-628810F09E26 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Diremor, Division ofCoastul Management October 30, 2018 MEMORANDUM.' TO: Chad Coburn 401 Wetlands DWR -WiRO FROM: Courtney Spears, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Fax: 910-395-3964 (Courier 04-16-33) courtney. spears(a)ncdenr.gov SUBJECT: CAMA /Dredge & Fill Application Review Applicant: Town of Sunset Beach Major Modification 52-15 Project Location: 206 Sunset Blvd N., adjacent the AIWW, in Sunset Beach, Brunswick Co. Proposed Project: construction of a Living Shoreline Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Spears at the address above by November 22, 2018. If you have any questions regarding the proposed project, contact Tyler McGuire at (910) 796-7424 when appropriate, in-depth comments with supporting data is requested. REPLY: _X_ This agency has no objection to the project as proposed. .Additional comments may be attached** This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. C n Usign t7 ^� S "`',,,. 612/19/2018 SIGNED E��,4nc7oa^�.-�^ / C DATED ECEIVED RECEIVED DEC 2 7 2018 State of North Carolina i Enviro�dRal _ C6eSt�J.7asa¢mrnt 127 Cardinal hive Ext., Wilmington, NC 29405 9197%7215 DCM WILMINGTON, NC DocuSign Envelope ID: 185A970E-9715-4186-B5F7-628810F09E26 ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Interim Director Town of Sunset Beach Mr. Hiram Marziano 700 Sunset Boulevard Sunset Beach NC 28468 d n` NORTH CAROLINA Environmental Quality December 19, 2018 Brunswick County DWR Project: 2018-1602 Subject Property: Living Shoreline — Sunset Beach Town Park Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Marziano, You have our approval, in accordance with the attached conditions and those listed below, to impact 0.03 acres of open waters in order to construct a living shoreline as described in the application received by the N.C. Division of Water Resources (DWR) on November 5, 2018. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number 4144 (GC4144). 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 Permit. This Certification can also be found on line at: htip://portal.nedenr.orgJweb/wq/smM/ws/40 I /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 21-1.0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions li"dIEJREp RECEIVED DEC 19 2018 ��DEC 2 7 2018 0CM WILMINGTON, NC DCM-MHD CITY 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: 910-796-7215\ Internet: www.deg.nc.gov DocuSign Envelope ID: 185M70E-97154186-B5F7-628810F09E26 RECEIVED DEC 2 7 2018 The Additional Conditions of the Certification are: DCM-MHD CITY This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification and is responsible for complying with all conditions. Any new owner must notify the Division and request the Certification be issued in their name (15A NCAC 02H .0501 and .0502). 2. Any final construction plans for this project must include or reference the application and plans approved by the Division under this authorization letter and certification. The applicant will also be required to evaluate all acquired permits to assure that they are consistent and all relative impacts are accounted for and shown on the construction plans. [I 5A NCAC 02H .0502 (b) and 15A NCAC 02H .0506 (4)] The applicant shall require his contractors (and/or agents) to comply with all of the terms of this Certification and shall provide each of its contractors (and/or agents) a copy of this Certification. 3. Turbidity Standard The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 2B .0220. Appropriate sediment and erosion control practices must be used to meet this standard. Turbidity curtains shall be used as appropriate. Please notify this Office if any turbidity issues arise at 910.796.7215 4. This General Certification shall expire on the same day as the expiration date of the corresponding General Permit. The conditions in effect on the date of issuance of the Certification for a specific project shall remain in effect for the life of the project, regardless of the expiration of this Certification. 5. The permittee shall require its contractors and/or agents to comply with the terms of this permit in the construction and maintenance of this project and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project a copy of this certification. A copy of this certification including all conditions shall be available at the project site during the construction and maintenance of this project. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 6. Continuing Compliance: 7. The applicant/permittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requiremen�0om compliance with 303(d) of the Clean Water Act), and any other appropr afe requirements of State and Federal law. If the Division determines that such standards ff�a"4Maiot DCM MLMINGTON, NC 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: 910-796-7215\Internet: w .dea.nc.aov DocuSign Envelope ID: 185A970E-9715r4186-B5F7-628810F09E26 RECEIVED DEC 2 7 2018 being met, including failure to sustain a designated or achieved use, or that Sta{a%W" CITY law is being violated, or that further conditions are necessary to assure compliance, than the Division may reevaluate and modify this General Water Quality Certification. [15A NCAC 02H .0507(d)] 8. All mechanized equipment operated near surface waters or wetlands will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permittee/contractor shall immediately contact the Division of Water Quality, between the hours of 8 am to 5 pm at the Wilmington Regional Office at 910.796.7215 and after hours and on weekends call (800) 858-0368. Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC 02B .0200 (3)(f), and GS 143 Article 21A]. 9. Fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200 (3)(f)]. 10. This certification grants permission to the director, an authorized representative of the Director, or DEQ staff, upon the presentation of proper credentials, to enter the property during normal business hours 15A NCAC 02H.0502(e). 11. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant and/or authorized agent is required to return a completed certificate of completion form to the NCDEQ DWR 401 and Buffers Unit North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699 within ten days of project completion. The certification of completion is available at: http://portal.ncdenr.or web/wq/swp/ws/401/certsandpermits/api2ly/forms). Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919k -&--Ab for ,..., Wi DEC 1 gp013 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 1)CM W1LMlt4GTON, NC Phone: 910-796-7215\ Internet: www.deo.nc.gov DocuSign Envelope ID: 185A970E-9715-4186-B5F7-628810F09E26 information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00 am and 5:00 pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DEQ: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions, please telephone Chad Coburn in the DWR Wilmington Regional Office at (910)796-7379 or Chad.Cobum@,ncdenr.gov. Sincerely, Morella Sanchez -King, Assistant Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ RECEIVED Enclosure: GC4144 DEC 2 7 2018 cc: Jackson Starling — East Coast Engineering & Surveying, PC (via email) DCM-MHD CITY Liz Hair - USACE Wilmington Regulatory Field Office (via email) Courtney Spears — DCM Wilmington (via email) 'a ID 191p\6 MpCMW`\,M\NG�CN,NC 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: 910-796-7215\ Internet: www.dea.nc.cov ROY COOPER Governor MICHAEL S. REGAN Secre my BRAXTON DAVIS Director, Division ofCoasml Ma gemenl October 30, 2018 TO: 0 NORTH CAROUNA Tim Walton Dept of Administration State Property Office RECEIVED NOV 0 7 2018 DOA STATE PROPERTY OFFICE FROM: Courtney Spears, Assistant Major Permits Coordinator NC DEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 courtnev.spears(a)_ncdenr.pov Fax: 910-395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Town of Sunset Beach Major Modification 52-15 Project Location: 206 Sunset Blvd N., adjacent the AIWW, in Sunset Beach, Brunswick Co. Proposed Project: construction of a Living Shoreline Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Spears at the address above by November 22, 2018. If you have any questions regarding the proposed project, contact Tyler McGuire at (910) 796-7424 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. C, This agency objects to the project for reasons described in the attached II',`` comments. SIGNED W�^ DATEJ+>� RECEIVED DEC 2 7 2018 RECEIVED DCM WILMINGTON, NC DCM-MHD CITY NOV 21 2018 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 Roy Cooper, Governor North Carolina Department of Administration State Property Office November 16, 2018 Courtney Spears, Assistant Major Permits Coordinator NCDEQ-Division of Coastal Management 127 Cardinal Drive, Ext, Wilmington, NC 28405 From: Wanda Hilliard Real Property Agent Re: CAMA Permit Application Review / Town of Sunset Beach Major Modification 52-15 206 Sunset Blvd. N adjacent to AIWW, Sunset Beach, Brunswick County Construction of a Living Shoreline Machelle Sanders Secretary Tim Walton Dvectar Please confirm that the facilities are not located within the 1000'USACE AIWW easement area. If not, then the State Property Office has no comment on the proposed project. Thank you. RECEIVED DEC 2 7 2018 DCM-MHD CITY RECEIVED DCM WILMINGTON State of North Carolina I State Property Office NMI 2 86 West Jones Street, Suite 4055 1 1321 Mail Service Ctr. I Raleigh, NC 27699 919 807 4650 T I Web: http://www.ncspo.com 0(ulV,JVakc Received: 11 /08/2018 ROY COOPER MICHAEL S. REGAN ]rrn+un BRAXTON DAVIS Ix.e.xw. I Ircia.n nl /'.avx/ A/unuA'�•max October 30, 2018 TO: Renee Gledhill -Early Dept of Cultural Resources Archives 8 History State Historic Preservation Office ER 14-2812 Due -- 11/19/18 A- Nc; Jw no -Otto FROM Courtney Spears, Assistant Major Permits Coordinator NC DEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm NC 28405 courtnev_spea/s a,ncdent-aoy Fax: 910-395-3964 (Courier 04-16-33) SUBJECT CAMA / Dredge 8 Fill Application Review Applicant: Town of Sunset Beach Major Modification 52-15 Project Location: 206 Sunset Blvd N., adjacent the AIWW, in Sunset Beach, Brunswick Co. Proposed Project: construction of a Living Shoreline Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Spears at the address above by November 22, 2018. If you have any questions regarding the proposed project, contact Tyler McGuire at (910) 796-7424 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. RECEIVED SIGNED �� DATE l' 3�' I DEC 2 7 2018 DCM-MHD CITY RECEIVED iuteor N,MCmolmai,Enron "[al(Nal,iy CcwWMuuWnt NOV 302018 127 Cxdxui MW Ea.. Wiimmgtm. NC 2g405 4197%7215 NOV 0 9 2018 ROY COOPER MICHAEL S. REGAN BRAXTON DAMS On'rrmc Urvrvon u/ (ornnd 14mr5enrtnn October 30, 2018 TO: Shannon Jenkins NC DMF Shellfish Sanitation Section 1W RECEIVED DEC 2 7 2018 DCM-MHD CITY FROM: Courtney Spears, Assistant Major Permits Coordinator NC DEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 courtnev.spears(a),ncdenrgov Fax: 910-395-3964 (Courier 04-16-33) SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Town of Sunset Beach Major Modification 52-15 Project Location: 206 Sunset Blvd N., adjacent the AIWW, in Sunset Beach, Brunswick Co. Proposed Project: construction of a Living Shoreline Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Spears at the address above by November 22, 2018. If you have any questions regarding the proposed project, contact Tyler McGuire at (910) 796-7424 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. , lic-414 00 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. SIGNE DATE Zl I v uUll_iM!N. GTON, NC Nov 21 2010 State of Noah Carolina I Environmental Quality I Coastal Management 127 Cardinal Dove Ext., Wilmington, NC 28405 919 796 7215 November21, 2018 MEMORANDUM TO: From: Through: SUBJECT: Applicant: 110V ROY COOPER MICHAEL S. REGAN STEPHEN W.MURPHEY n RECEIVED DEC 2 7 2018 DCM-MHD CITY Courtney Spears, Assistant Major Permits Processing Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive, Ext., Wilmington, NC 28405 Jeremy Humph ✓ Environmental Healt Program Specialist Shannon Jenkins, Section Chief Shellfish Sanitation & Recreational Water Quality CAMA /Dredge & Fill Application Review Town of Sunset Beach Major Modification 52-15 Project Location: 206 Sunset Blvd N., adjacent to the AIWW, in Sunset Beach, Brunswick Co. Proposed Project: construction of a Living Shoreline The proposed project would be in and adjacent to waters that are currently classified as Prohibited for shellfish harvest. While it is acknowledged the project can have beneficial results, there is also a risk that shellfish illegally harvested from this site could cause illness if consumed. The ease of accessibility increases the risk of illegal harvest by those who are unaware of the surrounding closures and potential health risks, so increased enforcement patrols by DMF Marine Patrol may be required. Marine Patrol should be notified upon completion of project construction so that closed shellfish harvesting signs can be posted, and so that modified patrol plans can be developed as necessary. ,-. b6VI vVILMINGTON, NC 'Nothing Compares� ,- HOV 2 1 2818 State of North Carolina I Division of Marine Fisheries 3441 Arendell Street I P.O. Box 769 1 Morehead City. North Carolina 28557 252-726-7021 _yllL RECEIVED ROY COOPER °owm,ff DEC 2 7 2018 MICHAEL S. REGAN &,"I" DCM-MHD CITY BRAXTON DAVIS 4D Dhrao, Uivlsuxr nJ'(Twxfal Mmugrnerrtl NORTH („ARiN.! NA 3 October 30, 2018 U2 -o Z NOV 2018 TO: Maria Dunn COH~RM"Wn NC Wildlife Resources Commission `n�� PMVIMY For WiRO 7d ),.,-, ,O)N.0 FROM: , , %, Assistant Major Permits Coordinator NC DEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 courtnev.spearsCa2ncdencgov Fax: 910-395-3964 a R"`#a1j4a SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Town of Sunset Beach Major Modification 52-15 Project Location: 206 Sunset Blvd N., adjacent the AIWW, in Sunset Beach, Brunswick Co. Proposed Project: construction of a Living Shoreline Please indicate below your agency's position or viewpoint on the proposed project and return this form to. Courtney Spears at the address above by November 22, 2018. If you have any questions regarding the proposed project, contact Tyler McGuire at (910) 796-7424 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 DATE I I - h> -)ale) DECEIVED NOV 2 9 2018 0CM WILMINGTON, NO Slate of Norlh Carolina 16rvironmmml Quality I Coastal Managemmt 127 Cardinal Drive Fxf, Wilmington, NC 28405 919 796 7215 you October 30, 2018 RECEIVED TO: Curt Weychert DEC z 7 Z018 Fisheries Resource Specialist DC MHC-DCM M-MHD CITY FROM: Courtney Spears, Assistant Major Permits Coordinator NC DEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 courtney_spears(U)ncdencoov Fax: 910-395-3964 (Courier 04-16-33) SUBJECT. CAMA/Dredge & Fill Application Review Applicant: Town of Sunset Beach Major Modification 52-15 Project Location: 206 Sunset Blvd N., adjacent the AIWW, in Sunset Beach, Brunswick Co. Proposed Project: construction of a Living Shoreline Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Spears at the address above by November 22, 2018. If you have any questions regarding the proposed project, contact Tyler McGuire at (910) 796-7424 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 DATE `I " 8 - lU RECEIVED NOV 082018 Slate of Nonh Caroline l Emiromcenlal Qaalily l Coastal Management DCM WILMINGTON, NC 127 Cardinal Drive Ext , Wihninglon. NC 28405 919 796 721 S e_ TO: ROY COOPER Gavelnnr MICHAEL S. REGAN serrerory STEPHEN W.MURPHEY 0irerror MEMORANDUM: RECEIVED Courtney Spears, DCM Assistant Major Permit Coordinator FROM: Curt Weychert, DMF Fisheries Resource Specialist® DEC z 7 ;118 SUBJECT: Town of Sunset Beach Major Modification 52-15 DCM-MHD CITY DATE: November 7, 2018 A North Carolina Division of Marine Fisheries (DMF) Fisheries Resource Specialist has reviewed the CAMA Major Permit application for proposed actions that impact fish and fish habitats. The applicant is seeking to construct a living shoreline within a tidal creek commonly referred to as Mary's Creek; adjacent to the Atlantic Intracoastal Waterway (AIWW). This waterbody is classified as SA, high quality waters (HQW) by the North Carolina Division of Water Resources (DWR). The proposed structures will be placed in water depths ranging from -2' to -3' MLW. These waters are designated as a primary nursery area (PNA) by the North Carolina DMF and closed to the harvest of shellfish. The applicant is proposing to construct three sections of a living shoreline parallel to shore ranging from 60 to 50 feet in length. The structures will be constructed with various materials from bags of cured shell and limestone marl to pre -fabricated concrete structures. PNAs are estuarine waters where initial post -larval development occurs. Species within this area are early post -larval to juvenile and include finfish, crabs, and shrimp. The creation of a shoreline stabilization project using a living shoreline removes soft bottom habitat and replaces it with hard structure which provides settlement substrate for shellfish. Shell bottom is an extremely productive self -building three-dimensional habitat that can be impacted long term through dredging and filling, pollution and other contaminants. This vital estuarine habitat is very limited in North Carolina, and restoration and conservation of shellfish habitat is at the forefront. DMF is supportive of living shorelines instead of hardened shoreline where conditions are appropriate. While living shorelines provide fish habitat, they also pose a navigation hazard, particularly when they are not visible at low tide. The DMF would suggest marking the submerged structures at both ends and at 50-foot intervals with reflective markers identifying the structures as a navigation hazard. These markers should be three feet above mean high water level and should be maintained for the life of the structure. Contact Curt Weychert at (252) 808-2808 ext. 213 or Curt.WeychertOncderingov with further questions or concerns. RECEIVED NOV n .> Nothing Compares.... Stair of North Carolina I Division of Marine Fisheries DCM WILMINGTON, NC 3441 Arendell Street I P.O. Box 769 1 Morehead Chy. North Carolina 18557 252-726-7021 01 1 ROY COOPER rorernor MICHAEL S. REGAN BRAXTON DAVIS Director, Division ofCminal Management October 30, 2018 TO: 0 NORTH CAROLINA Fnvironrnenial Quality' Hiram Marziano Local Permit Officer Town of Sunset Beach RF�F�V�o OCDEC MH 72018 CITY FROM: Courtney Spears, Assistant Major Permits Coordinator NC DEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 courtnev.spearsWricdenrvov Fax: 910-395-3964 (Courier 04-16-33) SUBJECT: CAMA /Dredge & Fill Application Review Applicant: Town of Sunset Beach Major Modification 52-15 Project Location: 206 Sunset Blvd N., adjacent the AIWW, in Sunset Beach, Brunswick Co. Proposed Project: construction of a Living Shoreline Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Spears at the address above by November 22, 2018. If you have any questions regarding the proposed project, contact Tyler McGuire at (910) 796-7424 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. ' a 8 SIGNED ( / � DATE RECEIVED DCM WILMINGTON, NC State of North Carolina I Environmental Quality I Coastal Management NOV 07 2018 127 Cardinal Drive Ev, Wilmington, NC 28405 919 796 7215 Spears, Courtney From: Hair, Sarah E CN CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Sent: Tuesday, November 13, 2018 5:33 PM �CE�fy�O To: Spears, Courtney; Bodnar, Gregg Cc: McGuire, Tyler D; Davenport, Ryan; Mairs, Robb L; Coburn, Chad DEC 2 7 2018 Subject: [External] project updates D cM MHO c�ry CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to Report Spam.<mailto:report.spam@nc.gov> Good evening: Just wanted to let you all know that we will be processing the following projects: Corps Action ID: SAW-2015-00113 Project Name: Town of Sunset Beach County: Brunswick Permit: NWP 54 Corps Action ID: SAW-2015-02554 Project Name: Robin Comer Shore Front RV Park County: Carteret Permit: GP 291 'If you have access to a smaller set of plans (electronically) please pass along at your convenience. Otherwise, I will reach out to the applicant. Thanks! Liz Hair Regulatory Project Manager Wilmington District US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 Sarah.e.hair@usace.army.mil 910-251-4049 n sd ROY COOPER MICHAEL S. REGAN sweta/ BRAXTON DAVIS Enww, D'yoh ,ofrixvalMmmgement October 30, 2018 Q•] 0 `.GRTH CAROLINA ,: �r,ivrmenlal �hr�7ttc Rodney Butler NC Natural Heritage Program Nature Research Center 01�CFiV,6�0 DEC 272018 �CM.MHD CITY FROM: Courtney Spears, Assistant Major Permits Coordinator NC DEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm„ NC 28405 courtney.soearsd)..ncdenrgov Fax: 910-395-3964 (Courier 04-16-33) SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Town of Sunset Beach Major Modification 52-15 Project Location: 206 Sunset Blvd N., adjacent the AIWW, in Sunset Beach, Brunswick Co. Proposed Project: construction of a Living Shoreline Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Spears at the address above by November 22, 2018. If you have any questions regarding the proposed project, contact Tyler McGuire at (910) 796-7424 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. SIGNE el 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 DA for reasons described in the attached Stele AEAa1hCatolum I Environmetual Quality I Coastal Management 127 Cardinal Drive Ezt- Wilmington, NC 28405 919 796 7215 RECEIVED NOV 15 'n DCM WILMINGTON, NC ■ NC DEPARTMENT OF Susi Hamilton Secretary NATURAL AND. CULTURAL RESOURCES. WalterClark, Director, Land and Water Stewardship N C N H D E-7529 November 14, 2018 Courtney Spears NC DEQ 127 Cardinal Drive Wilmington, NC 28405 RE: CAMA 206 Sunset Blvd n Dear Courtney Spears: The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. A query of the NCNHP database indicates that there are records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. These results are presented in the attached 'Documented Occurrences' tables and map. The attached 'Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is documented within the project area or indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: httos://www.fws.gov/offices/Directorv/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. Also please note that the NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Clean Water Management Trust Fund easement, or an occurrence of a Federally -listed species is documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rod nev.butler(n)ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPARTMENT -OF NATURAL AND CULTURAL RESOURCES Q.. W W. JONES' STR.EE7i RALEIGH. NC 2760 v 16-M-MAIL SERVICE CENTER; RALEIGH. NC 77699 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Intersecting the Project Area CAMA 206 Sunset Blvd n November 14, 2018 NCNHDE-7529 atural Areas Documented Within Project Area o Managed Areas Documented within the Project Area Anitions and an explanation of status designations and codes can be found at htt❑s //ncnhde natureserve ora/content/hel❑. Data query generated on November 14, 2018; source: NCNHP, 04 Oct case resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Z m n �- m G) m o v z z a v n m M c--) n m _ � < v N M n o v Page 2 of 6 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area C/\M/\2O6Sunset Blvd o ` November l4,20l8 NCNHDE-7528 ement Occurrences Documented Within a One -mile Radius of the Project Area / Concern Dave ipd 27219 HaeroatopuspaUiaLus American 2007 BC 4-Low —' Special 55 3253B. Oystercatcher Concern 33N W-7 al ird S673 Mycteria americana Wood Stork 2005-06-07 A I -Very Threatened Threatened G4 S1B.S1 High N INA itterfly 24819 Papilio cresphontes Giant Swallowtail 2007-OS-05 CD 3-Medium --- Significantly G5 S2S3 Rare Ontario, HaIrttreak ragonfly or 33738 Somatochlora Coppery Emerald 2004-Pre H? 5-Very --- Significantly G3G4 S2? —-- yrinchus ammal 17664 Trichechus manatus West Indian Manatee 2018-08-13 E, S-Very Threatened Threatened G2 SIN Lovv roississippieosis Similar Appearance , `w Page 3of6 � ement Occurrences Documented Within a One -mile Radius of the 36590 ascular Plant 6854 Li 3?MfffrFd1 t 24820 'zephyr na simpsonii ascular Plant 24060 Zephyranthes Rain Lily simpsonii a9dWairPlank 24055 16 91'etlthes Rair"E ' simpsonii. .. ascular Plant 24053 Zephyranthes Rain i ily simpsonii ascular Plant 29988 Zephyranthes Rain Lily ascular Plant 24056 Zephyranthes Rain Lily simpsonii 31905 Zephyranthes Rain simpsonii atural Areas Documented Within a One -mile Radius of the Areas Documented Within a One -mile Radius of the ject Area Element Observation Occurrence Date Rank 2012-09-22 C 2001-049' 2007-05-02 A Area Rare Other 2-4 3-Medium --- Endangered G2G3 2001-04-21 P 2-High --- Ends ' S;1 2015-05-27 D 1-Very --- Endangered G2G3 Sl High 2015 05 Hlgf Endangered G2G3 'ST—' ?005-06-07 D 2-High --- Endangered G2G3 Sl Area E 2-High --- Endangered G2G3 Sl C Departn%nt of Transportation Mitigation Site : Vepartment or I ransport „ rd Island Q asta:l:aReseiure NC DEQ, Division of Coastal Management 1 o Rt 0 z n Anitions and an explanation of status desiflpatioeM and cq'F3es can be found at https-//ncnhde natureserve ora/content/help. Data query generated on November 14, 2018: source: NCNHP, 04 Oct Z0 � rn X bp m v M Page 4 of 6 N 0 o v a z O z z w7 NCNHDE-7529: CAMA 206 Sunset Blvd n November 14, 2018 Project Boundary Buffered Project Boundary 0 Natural Heritage Element Occurrence (NHEO) NHP Natural Area (NHNA) Q Managed Area (MAREA) a n 2 v n Page 6 of 6 4 1:21,892 0 0.175 035 0.7 ml 0 0.3 0.0 1.2 km Soucea. C .HERE. Gwmn. IManuy, muw,wY P CUPGEB PM. NPS. NRO , GPaBaw, IGN, NaN , NL Oimurce S Cy. E9ri � NETT, Evn Clrre (HU Nap), wMeYU». O OpenSV .p conNUulrlUs. aM tlw GlSUewC Wy U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2015-00113 County: Brunswick U.S.G.S. Quad: NC -Calabash GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Town of Sunset Beach Attn.: Mr. Hiram Marziano Address: 700 Sunset Boulevard N. Sunset Beach, NC 28468 Telephone Number: (910) 579-6297 Size (acres) <1 Nearest Town AIWW Nearest Waterway Al" liver Basin Pee Dee USGS HUC 03040208 Coordinates Latitude: 33.8824 Longitude:-78.5100 Location description: The project area is located at 206 Sunset Boulevard N., adiacent to the A1WWW, in Sunset Beach, Brunswick County, North Carolina. Description of projects area and activity: This verification authorizes the construction of a living shoreline (see attached plans). Applicable Law(s): ® Section 404 (Clean Water Act, 33 USC 1344) ® Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Nationwide Permit 54 SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the enclosed Conditions, your application received in our office on 11/5/2018, and the enclosed plans Living Shoreline for Sunset Beach Town Park dated 02/28/2018. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the"nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Wilmington, NC, at (910) 796-7215. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvaWpermits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Ms. Liz Hair at (910) 251-04049 or sarah.e.hair(&usace.army.mil. Corps Regulatory Official: yyae-' Expiration Date of Verification: 3/194022 DEC 2 7 2018 ' D fR /fA018 DEC IS2018 DCM-MHD CITY OCM WILMINGTON, NO 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://corpsmapu.usace.army.miVcm_apex/f?p=l 3 6:4:0 Copies Furnished: East Coast Engineering & Surveying, P.C. Starling Jackson 4918 Main Street Shallotte, NC 28459 Electronic Copies Furnished: NCDEQ/DWR: Mr. Chad Coburn NCDEQ/DCM: Ms. Courtney Spears NCDEQ/DCM: Mr. Tyler McGuire Special Condition SAW-2015-00113 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/mammaUmanatee_gWdelines.pdf. RECEIVED DEC 2 7 2019 DCM-MHD CITY RECEIVED DEC 132016 OC;M WILMINGTON, NC Action ID Number: SAW-2015-00113 County: Brunswick Permittee: Town of Sunset Beach Project Name: Town of Sunset Beach Living Shoreline Date Verification Issued: 12/12/2018 Project Manager: Ms. Liz Hair Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: Ms. Liz Hair Wilmington Regulatory Office U.S Army Corps of Engineers . 69 Darlington Avenue Wilmington, North Carolina 28403 or sarah.e.hair@usace.army.mil Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date 0 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Town of Sunset Beach MM5245 COUNTY: Brunswick PROJECT NAME: Town Park Living Shoreline LOCATION OF PROJECT: 206 Sunset Blvd N., adjacent to the AIW,, in Sunset Beach DATE APPLICATION RECEIVED COMPLETE BY FIELD:10-4-18 FIELD RECOMMENDATION: Attached: Yes CONSISTENCY DETERMINATION: Attached: No FIELD REPRESENTATIVE: Tyler McGuire DISTRICT MANAGER REVIEW: ✓n/, B) DATE RECEIVED BY MAJOR PERMITS UNIT: PUBLIC NOTICE RECD: 11-1-18 ADJ. RIP. PROP NOTICES REC'D: APPLICATION ASSIGNED TO: C) 75 DAY DEADLINE: MAIL OUT DATE: 10-30-18 FEDERAL DUE DATE: PERMIT FINAL ACTION: ISSUE DENY To Be Forwarded: n/a To Be Forwarded: n/a DISTRICT OFFICE: WILMINGTON FEE REC'D: $400 END OF NOTICE DATE: 11-22-18 DEED REC'D: ON: 150 DAY DEADLINE: STATE DUE DATE: 11-22-18 FED COMMENTS REC'D: DRAFT ON. AGENCY DATE COMMENTS RETURNED OBJECTION S: YES NO NOTES Division of Community Assistance Division of Coastal Management-LUP Consistency Public Water Section (DWR) Land Quality Section (DEMLR) Division of Water Resources - 401 Section Stone Water Management (DEMLR) State Property Office Division of Archives & History Division of Marine Fisheries - Shellfish Section Division of Highways (NCDOT) Wildlife Resources Commission NOV ' 2 ZQ Local Permit Officer DCM-MEjr) en Dept. of Cultural Res / Underwater Archaeology Division of Marine Fisheries - DCM Corps of Engineers - Regulatory Branch (A NC Division of Coastal Management Major Permit Application Computer Sheet AEC: AIWW Fee:$400 CDAITS MHC cc Applicant: Town of Sunset Beach Major ModiScation 52-15 Agent/Contractor: East Coast Engineering & Surveying, P.C. c% Jackson Starling Project Site County: New Hanover Staff. Tyler McGuire District: n Project Name: Living Shoreline— S8 Town Park Rover File: River Basin: Initial date of application submittal: rl - 24 - ;2 o 19 Date application "received as complete" in the Field office 10 . 4 - 2.Ot Y SITE DESCRIPTION/PERMIT INFORMATION ORW: ❑Yes No I PNA: JqYes ❑No Photos Taken: Yes No Setback Required (riparian): Yes o Critical Habitat: Wes ❑No L.JNot Sure 15 foot waiver obtained: ❑Yes XNo Hazard Notification Returned: N/A ❑Yes []No SAV: ❑Yes No ❑Not Sure Shell Bottom: ❑Yes No ❑ Not Temporary Impacts: ❑Yes No Sure Sandbags: ❑Yes o ❑ Not Sure Did the land use classification come Mitigation Required (optional): from county LUP: Wes ❑No []Yes §dNo Moratorium Conditions: Environmental Assessment Done: Length of Shoreline: ❑Yes Po❑NA , []Yes ❑No gNA 14400 FT. Shellfish Area D -nation: Project Description: (code) Development Area: (code) Open -or- osed ,/1�/A ^/ A SECONDARY WATER CLASSIFICATION - OPTIONAL (choose MAX of 4) Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) ❑Swamp Waters (SW) High Quality Waters (HQW) ❑ Outstanding Resource Waters (ORW) WETLANDS IMPACTED AfIA ❑ (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort ( Salicomia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) ❑ (SA) Salt marsh cordgrass (Spartina ❑ (SY) Salt reed grass (Spartina ahemiflora) cynosuroides) (DS) Salt or spike grass (Distichlis (SC) Bullrush or three square (Scirpus (TY) Cattail (fypha sp.) spicata) sp ) ❑ (JR) Black needlerush (Juncus (SP) Salt/meadow grass (Spartina roemerianus) patens) APPLICATION FEE ❑ No fee required - $0.00 ❑ III(A) Private wl D&F up to 1 acre; 3490 III(D) Priv. public or Comm w/ D&F to 1 can be applied - $250 acre; 4144 can't be applied - $400 Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major ❑ IV Any developmentjJif!eIN-D&FDof c7l VVE permit - $100 permit - $250 more than 1 acre - $475 ❑ Permit Transfer - $100 ❑ III(B) Public or commercial wl D&F to 1 ❑ Express Permit - $2R5 UVV acre; 4144 can be applied - $400 2 ZQj$ ❑ Major development extension request - ❑ It. Public or commercial/no dredge DC M-MHD $100 and/or fill - $400 CITY I. Private no dredge and/or fill - $250 ❑ III(C) Priv. public or Comm w /D&F to 1 acre; 4144 can be applied; DCM needs DWQ agreement - $400 Town of Sunset Beach MM52-15 Date: 8-24-18 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One H 71 (J� T 3 New Work Maint❑ Replace ❑Y �fN %X�OrXZr %2 QrX JrO�x �r (x12 i f. T ' New Worl�Z Replace t "'.,� Z5 � x 2w Maint ❑ ❑ Y.I N J'� •� New Work Replace 2 OK (/ 1 Maint ❑ ❑ Y g$ N f� New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. TOTAL Sq. Ft FINAL Sq. Ft TOTAL Feet FINAL Feet . (Applied for. (Anticipated final (Applied for. (Anticipated final DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Habitat Name Choose One includes any Excludes any - total includes Excludes any anticipated restoration any anticipated restoration and/or restoration or and/or temp restoration or temp impact tempimpacts) impact amount temp impacts) amount) Q D � Dredge ❑ Fill l� . Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ 919-733.2293 :: 1-888.4RCOAST :: www.nccoastalmanaeement.net revised: 10/12/06 Major Permit Fee Schedule Project Name: County: /L Check No & Amount: DCM % DWQ % Development Type Fee (14300160143510009316256253) (2430016024351000952341) I. Private, non-commercial development that does not involve the filling or excavation of any wetlands or open water $250 100% ($250) 0% ($0) areas: II. Public or commercial development that does not involve the filling or excavation of any wetlands or open water areas: $400 100% ($400) 0% ($0) III. For development that involves the filling and/or excavation of up to i acre of wetlands and/or open water areas, determine if A,B, C, or D below applies: III(A). Private, non-commercial development, if General Water Quality Certification No. 4144 (See attached) can be applied: $250 100% ($250) 0% ($0) III(B). Public or commercial development, if General Water Quality Certification No. 144 (See attached) can be applied: $400 100% ($400) 0% ($0) III(C). If General Water Quality Certification No. 4144 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: $400 60% ($240) 40% ($160) III(D). If General Water Quality Certification No. 4144 (see attached) cannot be applied: $400 60% ($240) 40% ($160) IV. Development that involves the filling and/or excavation of more than one acre of wetlands and/or open water areas: $475 60% ($285) 40% ($190 D NOV - 2 ni8 DCM-MHD CITY Sunset Beach Town Park Page 5 RECOMMENDATIONS for Sunset Beach Town Park 10/29/2018 It is the staff's recommendation 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 oyster sill and saltmarsh restoration as well as the 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 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. All new oyster sills shall not be placed in areas where there is an existing oyster reef. 5. No filling of coastal wetland areas is authorized by this permit. 6. 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.). 7. The height of sills shall not exceed six inches above mean high water, normal water level, or the height of the adjacent wetland substrate, whichever is greater. 8. The sills shall have at least one five-foot drop -down or opening every 100 feet and may be staggered or overlapped or left open as long as the five-foot drop -down or separation between sections is maintained. 9. Sills shall be marked at 50 foot intervals with yellow reflectors extending at least three feet above mean high water level. 10. If crossing wetlands with mechanized construction equipment is necessary, temporary construction mats shall be utilized for the areas to be crossed. The temporary mats shall be removed immediately upon completion of the construction of the living shoreline structure. NOTE: This permit does not eliminate the need to obtain any additional local, state, or federal permits, approvals, or authorizations that may be required. RECEIVED NOV - 2 7018 DCM_MHD CITY 0 NORTH CAROLINA bivirowwwal Ouality October 30, 2018 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice for: • Town of Sunset Beach / Brunswick County • NC State Ports Authority / New Hanover County ROY COOPER Gown ..r MICHAEL S. REGAN SenemO, BRAXTON DAVIS Direoor. Diva,., ofCmocil Mmwgement Hello Angie: Please publish the attached Notice in the Thursday, November 1, 2018 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 Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by credit card to the attention of Tanya Wright, (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, i1 ' q� 1 /� V Shaun K. Simpson Permitting Support & Customer Assistance cc: MHC Files Courtney Spears - WiRO Liz Hair - USACE RECEIVED NOV -22018 State of North Carolina I Enviruomental Quality I Coastal Ma ement DCM-MH 127 Cardinal Drive Eirt., Wilmington, NC 29405 919 796 7215 D "I N NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A- 119(b) that the following applications were submitted for a development permits in an Area of Environmental Concern as designated under the CAMA: On October 4, 2018, the Town of Sunset Beach proposed to modify State Permit No. 52-15 to create a Living Shoreline, adjacent to the AIWW, at Sunset Beach Town Park, 206 Sunset Blvd N., in Brunswick County; and on October 23, 2018 the NC State Ports Authority proposed to construct a storage area, warehouse, and pier at 1500 & 1538 S. Front St., adjacent to the Cape Fear River, in Wilmington, New Hanover County. Copies of the application can be examined or copied at the offices of Tyler McGuire (BR Co.), or Brooks Surgan (NH), N.C. Dept. of Environmental Quality, 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 November 22, 2018 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. RECEIVED NOV -22018 DCM-A4HD CITY DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Town of Sunset Beach c/o Hiram Marziano — Sunset Beach Town Park 2. LOCATION OF PROJECT SITE: 206 Sunset Blvd. N, Sunset Beach, Brunswick County Photo Index — 2006: 2-6205 J,K,L-10 Latitude: 33' 54' 56.11" N Longitude: 78° 16' 12.14" W 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Date of Site Visit: October 1, 2018 Was Applicant Present: NO 5. PROCESSING PROCEDURE: Application Received: October 4 2018 Application Completed: October 17, 2018 Office: Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan: Brunswick County Land Classification From LUP: Recreational/Institutional (High Ground) Conservation (Open Water) (B) AEC(s) Involved: CW, EW, PTA, ES, PTS Water Dependent: Yes (C) Intended Use: Public (D) Wastewater Treatment: Existing — Municipal Sewer Planned — N/A (E) Type of Structures: Existing — Public Park with Amenities, Parking Lot, Two (2) 'T- Head' Piers, Wooden Boardwalk, Gazebo, Permeable Paver Walkway, Five (5) Concrete Pads, Rip Rap Revetments Planned — Living Shoreline Stabilization (F) Estimated Annual Rate of Erosion: N/A Source: N/A 7 HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Uplands N/A N/A N/A (B) Vegetated Wetlands N/A N/A NA (C) Open Water N/A N/A 1,364 ft2 (A) Total Area Disturbed: 1,364 ft2 (B) Primary Nursery Area: YES (C) Water Classification: SA; HOW (D) Shellfish Harvesting Open: NO RECEIVED NOV - 2 ?,.q 8. PROJECT SUMMARY: The applicant is proposing a major modification to existing State Permit No. 52-15 by constructing a living shoreline. DCM-&4HD CITY Sunset Beach Town Park Page 2 9. PROJECT DESCRIPTION The applicant's property is located at 206 Sunset Boulevard N adjacent to Mary's Creek and the Atlantic Intracoastal Waterway (AIWW) in the Town of Sunset Beach, Brunswick County. To locate the project site from the Wilmington Regional Office (WiRO), travel southwest from Wilmington to Sunset Beach on US 74 W (Martin Luther King Jr Pkwy) & US 17 S for approximately 45 miles until you reach Ocean Isle Beach Road SW on your left. Travel about 2 miles down Ocean Isle Beach Road SW and then turn left at the round -about onto Old Georgetown Road SW. Go down Old Georgetown Road SW for about 3 miles until you reach Seaside Road SW (NC 179 / NC 904) and make another left. Then travel almost a mile and a half down Seaside Road SW (NC 179 / NC 904) until you meet Sunset Boulevard N and make a right. Once you turn right onto Sunset Boulevard N go down that road until you encounter your second traffic circle. Go straight through the round -about (21D exit) continuing down Sunset Boulevard N and head down towards the Wildlife Resources Commission (WRC) boat ramp under the Sunset Beach Bridge. Make a U-turn at the boat ramp on W Canal Avenue and the destination will be on your right. The project site is bordered by the waters of Mary's Creek to the north and east, the AIWW to the south, and Sunset Boulevard to the west. The project site is comprised of one parcel totaling approximately 5.22 acres (+/-227,383 sq. ft.) in size. The site is vegetated primarily with lawn grasses and mature oak trees. The elevation of the tract is approximately 13' above mean sea level. A portion of the shoreline of the site adjacent to Mary's Creek has been stabilized with a bulkhead and rip rap. Coastal wetland vegetation is present water ward of the existing bulkhead and rip rap and is approximately 5-10' in width. The remainder of the shoreline along Mary's Creek is natural with an approximate 3' change in elevation from the high ground to the coastal wetlands. The shoreline in this area is stabilized with vegetation. Coastal wetland vegetation in this area ranges in width from 10-20' and consists primarily of Smooth Cord Grass (Spartina a/temiflora) and Salt Meadow Hay (Spartina patens). The shoreline along the AIWW is void of wetland vegetation and an approximate 3' erosion escarpment is present due to wave wash. The Sunset Beach Town Park project received a Sedimentation and Erosion Control permit (BRUNS 2015-011) from the Division of Energy, Mineral and Land Resources (DEMLR). The total project area is currently covered by an active Storm Water Permit No. SW8 150041 last modified May 24, 2018. The Sunset Beach Town Park project received a CAMA Major Permit No. 52-15 on April 23, 2015 to develop the uplands of the project site to a public park. Then the Sunset Beach Town Park project received a Minor Modification to CAMA Major Permit No. 52-15 on June 29, 2017 to develop the water dependent structures at the public park and to stabilize the shoreline next to the AIWW with rip rap. On June 13, 2018 the Sunset Beach Town Park project received another Minor Modification to the CAMA Major Permit No. 52-15 to extend the shoreline stabilization with rip rap revetment and a river rock swale which eliminated the previously authorized Hatteras Ramp. The DWR has assigned the proposed project DWR Project No. 14-1322. The U.S. Army Corps of Engineers assigned the proposed project COE Action Id. No. SAW-2015-00113. The waters of the AIWW are classified as SA-HQW by the North Carolina Division of Water Resources and are closed to the harvest of shellfish. This area of AIWW is designated as Primary Nursery Area (PNA). The entire property lies within the jurisdictional limits of the Town of Sunset Beach. RECEIVED NOV -22618 DCM-MHD CITY Sunset Beach Town Park Page 3 10. PROPOSED PROJECT The applicant is proposing a major modification to existing State Permit No. 52-15 by constructing a living shoreline. The applicant states that they are proposing to create a living shoreline along the southeast (SE) corner of the property at the confluence of Mary's Creek and the AIWW for erosion control and prevention, water quality and environment improvement, and to enhance and restore lost oyster reef, fish habitat and saltmarsh. According to the applicant, the proposed living shoreline site would be located outside of the existing channels and would not encroach into coastal wetlands. As proposed, the living shoreline stabilization project involves three objectives by creating three (3) curvilinear oyster sills, installing twelve (12) reef domes, and restoring saltmarsh habitat.. The applicant proposes to install a temporary access ramp using marsh/vegetation protection mats in order to protect the coastal wetlands when transporting project supplies, shell and marl bags, reef balls, and marsh vegetation seedlings to the proposed living shoreline project area (see Sheet 1 of 2). The applicant is proposing to install one (1) curvilinear 6' wide by 60' long and approximately 2' high oyster shell and marl bag sill in the intertidal areas running parallel to the shoreline (see Sheet 1 of 2). Approximately 670 bushels of cured oyster shell and 330 bushels of marine limestone (marl) would be used to create approximately 1000 bags of shell and marl for the oyster sill. Oyster shell and marl bags would be created using aquaculture mesh bags and PVC bagging frames. Each bag would be approximately 6" wide, 8" high, and 2' long. The proposed bags would be filled with cured oyster shell and #4 marine limestone (based on Division of Marine Fisheries use and recommendations). The individual bags would be carried out to the intertidal over the marsh protection mats and placed in the substrate perpendicular to the shoreline to prevent rolling from boat wakes and movement from strong tidal or weather related currents. The oyster shell and marl sill would consist of three layers of bags laid end to end and nestled together to create an interlocking structure. The first bottom layer of bags would be marl and buried to half of the bag height to help prevent rolling or movement. The top two layers would be oyster shell bags (see Sheet 2 of 2). Curved rebar (3/8" thick and 24" long) would be pounded through the bags and into the substrate at 20' intervals if needed to help hold the bags in place. The proposed oyster shell and marl bag sill would be located approximately 40' waterward from the existing rip rap revetment in areas where water depths are approximately -2' at Mean High Water (MHW). The applicant proposes a maximum height of 1.5' from the substrate for the oyster shell and marl bag sill. The applicant is also proposing to install two (2) curvilinear 8' wide by 50' long and approximately 2' high oyster dome sills (see Sheet 1 of 2). The applicant proposes to construct the oyster dome sills using two types of reef balls. Mini Bay Reef Balls measuring 1' 7" tall, 2' 5" in diameter, and weighing 300 pounds (lbs.) would have approximately 29 square feet (sq. ft.) of surface area individually. Bay Ball Module Reef Balls measuring 2' tall, 3' in diameter, and weighing 500 lbs. would have approximately 40 sq. ft. of surface area individually (see Sheet 2 of 2). The oyster dome sills would be constructed using two rows of reef balls parallel to the shoreline. Each oyster dome sill would have a waterward row consisting of approximately 20 Bay Ball Module Reef Balls and a landward row of approximately 24 Mini Bay Reef Balls with 4-6" of separation between each reef ball. A total of approximately 40 Bay Ball Module Reef Balls and 48 Mini Bay Reef Balls would be installed to create the two oyster dome reef sills and would be secured by pounding curved rebar into the substrate. The proposed oyster dome sills would be located approximately 50' waterward of the existing rip rap revetment in areas where water depths are approximately -2' at MHW. The applicant proposes a maximum height of 2' from the substrate for the oyster dome sills. RECEIVED NOV -22018 DCM-MHD Clry Sunset Beach Town Park Page 4 The applicant is also proposing to install three (3) Lo-Pro Reef Balls at four (4) locations (total of 12 Lo- Pro Reef Balls proposed) along the living shoreline at the ends and in between the breaks of the three (3) proposed oyster sills (see Sheet 1 of 2). The applicant states that the Lo-Pro Reef Balls at these locations would help break up any longshore current or wake created by displacement from passing vessels and to assist with erosion control and prevention along the shoreline of the park. Lo-Pro Reef Balls measuring 1' 5" tall, 7 in diameter, and weighing 200 lbs. would have approximately 17 sq. ft. of surface area individually (see Sheet 2 of 2). The proposed oyster sills would have a minimum of approximately 5' of open area (breaks) left in between each sill to allow for fish passage and inter -reef fisheries habitat. The four proposed Lo-Pro Reef Ball installations would be located approximately 40' waterward of the existing rip rap revetment in areas where water depths are approximately -1' at MHW. The applicant proposes that each Lo-Pro Reef Ball installation would consist of three reef balls placed in an offset manner located landward of the proposed oyster sills. A total of approximately 12 Lo-Pro Reef Balls would be installed for the living shoreline project. The Lo-Pro Reef Balls would be secured and held in place by pounding curved rebar into the substrate. All reef balls would be transported to the living shoreline project area using loading equipment (Bobcat/Small Excavator) to carry the domes down the temporary access ramp of marsh protection mats. The applicant states that the proposed reef balls would provide fish habitat and a substrate for oyster larvae recruitment and settlement providing a foundation for future oyster growth. The applicant is also proposing to enhance the coastal wetlands along the shoreline of the park through saltmarsh restoration. The applicant proposes to restore the lost coastal saltmarsh habitat due to erosion by planting saltmarsh vegetation seedlings between Normal High Water (NHW) and the water ward extent of the growing range. The proposed saltmarsh restoration would be located landward of the proposed oyster sills and reef balls and be approximately 200' long with an average width of 25' and a maximum width of 35'. The applicant proposes the area would be stabilized with the planting of approximately 5,000 Smooth Cordgrass (Spartina altemiflora) seedlings planted on 12" centers to enhance the restoration of the saltmarsh. Some high marsh seedlings, Saltmeadow Hay (Spartina patens) would be planted as needed in any high marsh areas. The applicant is also proposing to install warning signs on posts along the living shoreline to make the public aware of the structures. The applicant proposes to construct the warning signs out of 2" PVC posts marked with reflective tape pounded into the substrate every 20' along the living shoreline structures. Warning signs would be placed on every other post. 11. ANTICIPATED IMPACTS The proposed living shoreline would incorporate approximately 1,364 ftZ of Estuarine Waters and Public Trust Areas within Mary's Creek and the AIWW. The proposed living shoreline would extend along the shoreline in three locations, measuring approximately 180' in total length. The living shoreline structures would be located in water depths of approximately -2' at MHW and would not result in any Coastal Wetland impacts due to wetland protection mats being utilized during construction. The proposed living shoreline would not encroach into either channel of Mary's Creek or the AIWW. Minor increases in turbidity should be expected during construction. Submitted by: Tyler McGuire Date: October 29, 2018 Office: Wilmington RECEIVED Nov - 2 2m DCM-MHD CITY East Coast Engineering & Surveying, P.C. ENGINEERS•PLA ERS•SURVEYORS PROJECT NARRATIVE For Sunset Beach Town Park Sunset Beach, North Carolina East Coast Engineering & Surveying, P.C. October 3, 2018 CAMA MAJOR PERMIT 52-15 MODIFICATION Sunset Beach Town Park is a Town owned Park located at 206 Sunset Blvd. N at the intersection of NC Highway 179 Business and Sunset Blvd. N in Sunset Beach, North Carolina. The Tax ID number for the property is 256GA1010. The total project area is 5.22 acres, and is currently covered by an active 12% low density stormwater permit # SW8 150041 last modified May 24, 2018. The latest modification to the CAMA major permit #52- 15 was June 13, 2018 to update existing and proposed shoreline rip rap revetment. The purpose of the modified plan is to show proposed locations of oyster sills along the shoreline and restore/enhance saltmarsh habitat through a Minor Modification to the CAMA Major Permit 52-15 issued on June 13, 2018. The Coastal Wetland Line was updated and marked on November 22, 2017 along the full length of the proposed living shoreline areas by Land Management Group, Wilmington, NC. This updated Coastal Wetland Line is reflected on the modified plan. The proposed living shoreline sills will not encroach into and will be placed completely waterward of the edge of coastal marsh grass. Specific proiect objectives include: - Create (1) low profile oyster shellbag and marl/granite bag curvilinear reef/sill that is 6' wide x 60' long x 2' high RECEIVED - Create (2) low profile oyster dome reef/sills that are each 8' wide x 50' long x RDJ{ igh2 2018 using Mini -Bay Reef Balls and Bay Ball Module domes DCAA_MFJD CITY - Restore and enhance saltmarsh habitat with the placement and installation of mars vegetation seedlings in the area behind the oyster/marl bag, oyster dome reefs/sill with an average width of 25' RECEIVED OCT 0 4 2018 4928 MAIN STREET •POST OFFICE BOX 2469 •SHALLOTTE, NORTH CAROLINA 28459 *TEL: g1cQf.{4f&W"WQT4DK,9NC FIRM LICENSE NUMBER: C-3014 Restoration Methods and Techniques: Access to the Shoreline Proiect Area All the project supplies, shell and marl bags, and oyster dome will be mobilized and stockpiled in the existing upland area of the park. Temporary construction access ramp will be established in the project area to enable equipment and people to move materials from the upland and place them in the project footprint. Marsh/Vegetation protection mats will be used to protect the substrate and vegetation. Examples: - https://www.prestogeo.com/products/construction-mats/ - https://www.greatmats.com/shop/cart.php?m=prodcat list&c=955&p=5350&kmas=1 &kmca=Shopping+PLA&kmag=ground2x8black&kmkw=%27ground2x8black%27& kmmt=p&gclid=EAIaIQobChMIi9LVjMe82QIVF43ICh27Lw2 VEAYYASABEgLgv D BwE Creation of Oyster Shell and Marl Bags Student and community volunteers will create the bags at Waterway Park using aquaculture mesh bags and PVC bagging frames. The bags are filled with cured oyster shell and #4 marine limestone marl (based on NCDMF use and recommendation). The bags will be carried by the volunteers and placed in the project area according to the approved plan. Oyster Shellbag & Marlbag Reef/Sill The reef/sill will be placed in the intertidal along the shoreline, to enhance and restore lost oyster reef and fish habitat in this area. The reef/sill will also provide a buffer for the eroding shoreline and saltmarsh from waves and boat wakes. Oyster shell and granite/limestone marl bags will be emplaced by volunteers into (1) low profile oyster shell and marl bag reef/sill that is 6' wide x 60' long x 2' high along a total of 70 feet of intertidal estuarine shoreline. The reef/sill will be constructed in a curvilinear manner, but will run parallel along the shoreline. The reef/sill will be constructed of one layer of marl bags on the bottom and then two layers of oyster shell bags on top of the marl bags. Approximately 670 bushels of cured oyster shell and 330 bushels of marine limestone (marl) will be used to create the approximately 1,000 bags of shell and marl needed for the sill. Each bag will be approximately 2 ft. long, 6 in. wide and 8 in. high. The bags will be placed in the water perpendicular to the shoreline to avoid rolling. The first two layers of reefs/sills will be formed by three bags laid end to end. The third (top) layer will be comprised of two bags laid end to end. The bags will be nestled together to help form an interlocking structur . If needed, at 20' intervals, pieces of curved rebar (24" long x 3/8" thick) will be poutg6CE1VED through the bags and into the substrate to help hold them in place. Oyster Dome Reef NOV - 2 2018 The oyster dome reefs/sills will be placed in the intertidal and shallow subtidal areas iaQV1) C17.Y shoreline, to enhance and restore lost oyster reef and fishery habitat in this area. The reefs/sills will also provide a buffer for the eroding shoreline and saltmarsh from waves and boat wakes. The oyster domes will also provide a suitable high relief substrate for oyster larva recruitment and settlement. The exterior surface area and interior area of the oyster dotftRQEP�Wide valuable fish habitat for foraging and refuge. OCT 0 4 2018 4918 MAIN STREET *POST OFFICE BOX 2469 •SHALLOTTE, NORTH CAROLINA 28459 eTEL:910-754-8029 *Fax: 910-754-8049 FIRM LICENSE NUMBER: C-3014 DCM WILMINGTON, NC The oyster dome reefs/sills will be constructed using two types of oyster domes: - Mini -Bay Reef Ball: 17' tall; 2'5" in diameter; surface area of 29 sq. ft.; weighs 300 lbs. - Bay Ball Module Reef Ball: 2' tall; 3' in diameter; surface area of 40 sq. ft.; weighs 500 lbs. The oyster dome reefs/sills will be constructed using two rows of oyster domes parallel to the shoreline. Each oyster dome reef/sill will have: - Channel -ward row: Approximately 20 Bay Ball Module Reef Balls placed in a row along the channel side of the sill, with 4-6" of separation between them. - Land -ward row: Behind the row of Bay Balls, a second row of approximately 24 Mini - Bay Reef Balls will be placed with 4-6" of separation between them In total, approximately 40 Bay Ball Module Reef Balls and 48 Mini -Bay Reef Balls will be used to in 2 parallel rows to create the (2) low profile oyster dome reef/sills that will be each 8' wide x 50' long x 2' high along a total of 110 feet of intertidal estuarine shoreline. (3) Lo-pro oyster domes will be placed in an offset manner at the terminus of the southern oyster dome sill to help break up any longshore current created by displacement from passing vessels. An additional (3) Lo-pro oyster domes will be placed in an offset manner at the terminus of the northern oyster shellbag and granite/marl bag sill to help break up any longshore current created by displacement from passing vessels. Fish Passage/Breaks: Approximately 5' of open area will be left between the proposed reefs/sills; and each of the sills/reefs will be offset to allow for fish passage and inter -reef fisheries habitat. Two small oyster dome sections (6'X2'X2') will be placed in offset manner between the still structures to prevent erosion through the open water gaps left for fish passage. The oyster domes will be transported to the stockpile area in the park by truck and offloaded. During construction, loading equipment (Bob-cat/Small excavator) will carry the domes down the temporary construction access ramp and place them in the oyster reef/sill foot print. The reef balls will be secured and held in place by curved re -bar pounded into the substrate. Oyster domes have been utilized extensively in other states including Florida and Maryland for Living Shoreline projects. In North Carolina, oyster domes have been used at the Carteret Community College Living Shoreline Project, Morris Landing Clean Water Preserve Living Shoreline Projects and at other sites. The domes are being utilized in this proposed project to provide fish habitat and a substrate for oyster recruitment and settlement. With the diminishing supplies of oyster shells available for habitat restoration and fishery enhancement it seems prudent to test and evaluate oyster domes in North Carolina waters. The proposed project is a suitable place to further evaluate the oyster domes. Photos below, from other project s ENV ED show the type of placement of and oyster recruitment on oyster domes that will be utilized in the project. NOV - 2 ?" 18 RECER HO Ciry OCT 0 4 2018 DCM WILMINGTON, NC 4918 MAIN STREET POST OFFICE BOX 2469 •SHALLOTTE, NORTH CAROLINA 28459 •TEL: 910-754-8029 •fax: 920-754-8049 FIRM LICENSE NUMBER: C-3014 Structure Marking/Posting To make the public aware of the living shoreline structures PVC posts will be installed every 20' along each structure. The 2" PVC posts will pounded into the substrate and marked with reflective tape. Warning signs will be placed on every other post. Coastal Saltmarsh Restoration The saltmarsh in the proposed project area has eroded over the years and saltmarsh habitat has been lost. Current conditions at the project site include areas of marsh scarps, undercutting of the marsh and eroded substrate. The purpose of the saltmarsh restoration component of the project is to restore eroded saltmarsh habitat. This portion of the project will be located between the NHW line within the existing and eroding saltmarsh and the channel ward extent of the growing range. The saltmarsh restoration area will be approximately 200' long with a maximum width of 35' and an average width of 25'. The goal is to restore lost saltmarsh habitat. The area will be stabilized with the installation of approximately 5,000 Spartina alterniflora (Smooth Cordgrass) planted on 12" centers to enhance the restoration of the saltmarsh. Some high marsh plant seedlings, Spartina patens (Saltmeadow Hay) will be installed as needed in any high marsh zones. Profile Transects, Vegetation and Oyster Monitoring Plan Prior to the construction of these reefs/sills and saltmarsh habitat pre -monitoring of salt marsh and any existing oyster reef habitat will be performed in the areas of the proposed locations of the reefs/sills and landward towards the existing saltmarsh. These data will represent baseline information on existing salt marsh and oyster habitat. Pre -monitoring of the existing oyster habitat and vegetation landward of the proposed location of the new projects will b performed in the winter/spring 2018 following the below protocol: RECEIVED Three survey transects will be established landward of the proposed oyster shell/marl bag anNd V - 2 2018 reef ball sill/reef. Transects will run perpendicular to the shoreline and will be evenly ac�e,d such as to cover the length of the footprints of the reefs/sills and the area landward of t>gMHp CITY reefs/sills. Transects will begin at the upland/shrub zone, and extend channel ward beyond the footprint of the reef/sills and oyster dome reef. RECEIVED OCT 0 4 2018 4918 MAIN STREET •POST OFFICE BOX 2469 eSHALLOTTE, NORTH CAROLINA 28459 *TEL: gio-NCrM �'YIL'lYfiIY l71 80(' NC FIRM LICENSE NUMBER: C-3014 �/IY Also along each transect, 0.5 m PVC quadrats will be sampled every 10 feet for plant and animal species presence/absence, plant and animal species density and abundances, and stem heights of the three tallest plant stems of each plant species observed within the quadrat. The created oyster reefs will be monitored for oyster abundance, sizes, as well as other organisms found within the reef areas. Digital pictures will also be taken of each quadrat as well as of each transect facing landward. Monitoring will be repeated annually for a period of three years, to monitor the changes to the shoreline profiles, fauna and flora. RECEIVED NOV -22018 DCM-MHD CITY RECEIVED OCT 0 4 2018 DCM WILMINGTON, NC 4918 MAIN STREET *POST OFFICE BOX 2469 •SHALLOTTE, NORTH CAROLINA 28459 *TEL: 910-754-8029 *Fax: 910-754-8049 FIRM LICENSE NUMBER: C-301 ON MP-1 APPLICATION for Major Development Permit (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Town Of Sunset Beach Living Shoreline -Sunset Beach Town Park Applicant 1: First Name MI Last Name Hiram Marziano Applicant 2: First Name MI Last Name N/A N/A N/A If additional applicants, please attach an additional pages) with names listed. Mailing Address PO Box city State 700 Sunset Blvd. N Sunset Beach NC ZIP Country Phone No. FAX No. 28468 us 910-579-6297 ext.1014 910-579-1840 Street Address(f different from above) city State ZIP Email 2. Agent(Contractor Information Business Name East Coast Engineering & Surveying, P.C. Agent/ Contractor 1: First Name MI Last Name Jackson D Starling Agent/ Contractor 2: Flrst Name MI Last Name N/A N/A N/A Mailing Address PO Box City state 4918 Main Street 2469 Shallotte NC ZIP Phone No. 1 Phone No. 2 28459 910 - 754 - 8029 ext. ext. FAX No. Contractor # RECEIVE 910 754 8049 Firm License # C-3014 Street Address (if different from above) city State zip NOV - 2 2018 Email M-MHD Ci <Form continues on back> OCT 0 4 2018 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagetQ".WAkMINGTON,NC Form DCM MP-1 (Page 2 of 6) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Brunswick County 206 Sunset Blvd N 179-B Subdivision Name city State Zip NIA Sunset Beach NC 28468 - Phone No. Lot No.(s) (if many, attach additional page with list) 910 - 579 - 6297 ext. 1014 1 1 1 , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Lumber Intracoastal Waterway c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ❑Natural ®Manmade []Unknown Intracoastal Waterway 15-25, SA;HQW e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. Sunset Beach 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 1,400 243,064 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or N/A, I I NW L (normal water level) (If many lot sizes, please attach additional page with a list) 8' ®NHW or ❑NW L e. Vegetation on tract The upland portion of the tract consists of lawn grass and Live Oak trees (Quercus virginiana). Of the Oaks on the tract most are mature and at least 2 feet in diameter. Little to no vegetation exists along the MHW line in the proposed project area. Limited amounts of Spartina altemiflora (Smooth Cordgrass) are present. f. Man-made features and uses now on tract Rip Rap Revetment extends along the proposed living shoreline area to prevent erosion from runoff and wave action. This was permitted under CAMA Major Permit #52-15 in various stages. g. Identify and describe the existing land uses adiacent to the proposed project site. Tax parcel number 256GA012 (0.46 AC) to the West of our site is zoned MB-1 (Mainland Business) and is home to the Twin Lakes By The Sea Restaurant (102 Sunset Blvd N). Tax parcel number 256GB017 (0.76 AC) is separated from the subject property by Mary's Creek, but is also zoned MB-1 and is home to Crab Ocidwaters Restaraut (310 Sunset Beach Blvd. N). h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? RI-1 (Recreational -Institutional) (Attach zoning compliance certificate, if applicable) ®Yes ❑No ❑NA Reeetiv 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 NOV - 2 201 If yes, by whom? D 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> OCT 0 4 2018 Y 252.808-2808 :: 1-888-4RCOAST :: www.nccoastalmanaVPM.Vgti WNGTON,NC Form DCM MP-1 (Page 3 of 6) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ®Yes ❑No (b) Are there coastal wetlands on the site? ®Yes ❑No (III) If yes to either (i) or (if) above, has a delineation been conducted? ®Yes [--]No (Attach documentation, If available) n. Describe existing wastewater treatment facilities. N/A o. Describe existing drinking water supply source. N/A p. Describe existing stone water management or treatment systems. The existing stomnwater permit #SW8150401 is a low density permit 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ®Public/Government ❑Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The proposed project provides an opportunity to protect, restore and create some additional saltmarsh and oyster habitat along the shoreline of Sunset Beach Town Park off the Intracoastal Waterway. Saltmarsh habitat along the shoreline at Sunset Beach town park continues to be lost and natural erosion is being compounded through strong erosive forces from boat wakes from the nearby Atlantic Intracoastal Water Way and storms. Oyster habitat is under increasing pressure from harvest and water quality declines. The purpose of the proposed project is to protect, create and restore saltmarsh and oyster habitat along 200' of the estuarine shoreline of Sunset Beach town park. The goals of the project are to provide substrate for the attachment of oyster larvae and oyster reef development in these traditionally productive waters, reduce erosion and the loss of saltmarsh habitat along the shoreline of Morris Landing, and provide valuable habitat for finfish, shellfish and waterfowl. 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. All the project supplies, shell and mad bags, and oyster dome will be mobilized and stockpiled in the existing upland area of the park. Temporary construction access ramp will be established in the project area to enable equipment and people to move materials from the upland and place them in the project footprint. MarshNegetation protection mats will be used to protect the substrate and vegetation. RECEIVED NOV -22018 DCM-MHD CITY RECEIVED OCT 0 4 2018 erne tnnr MIN GTO Ne r 252-808-2808 :: 1-888-4RCOAST :: www. ncc oa sta l management. net Form DCM MP-1 (Page 4 of 6) APPLICATION for Major Development Permit d. List all development activities you propose. Creation of Oyster Shell and Marl Bags Student and community volunteers will create the bags at Waterway Park using aquaculture mesh bags and PVC bagging frames. The bags are filled with cured oyster shell and #4 marine limestone marl (based on NCDMF use and recommendation). The bags will be carried by the volunteers and placed in the project area according to the approved plan. Oyster Shellbag & Marlbag Reef/Sill The reef/sill will be placed in the intertidal along the shoreline, to enhance and restore lost oyster reef and fish habitat in this area. The reef/sill will also provide a bufferfor the eroding shoreline and saltmarsh from waves and boat wakes. Oyster shell and granite/limestone marl bags will be emplaced by volunteers into (1) low profile oyster shell and marl bag reef/sill that is 6' wide x 60' long x 2' high along a total of 70 feet of intertidal estuarine shoreline. The reef/sill will be constructed in a curvilinear manner, but will run parallel along the shoreline. The reef/sill will be constructed of one layer of mad bags on the bottom and then two layers of oyster shell bags on top of the mad bags. Approximately 1,000 bushels of cured oyster shell and 500 bushels of marine limestone (mad) will be used to create the approximately 1,500 bags of shell and marl needed for the two sills. Each bag will be approximately 2 ft. long, 6 in. wide and 8 in. high. The bags will be placed in the water perpendicular to the shoreline to avoid rolling. The first two layers of reefs/sills will be formed by 4 bags laid end to end. The third (top) layer will be comprised of three bags laid end to end. The bags will be nestled together to help form an interlocking structure. If needed, at 20' intervals, pieces of curved rebar (24" long x 3/8" thick) will be pounded through the bags and into the substrate to help hold them in place. Oyster Dome Reef The oyster dome reefs/sills will be placed in the intertidal and shallow subtidal areas along the shoreline, to enhance and restore lost oyster reef and fishery habitat in this area. The reefs/sills will also provide a buffer for the eroding shoreline and saltmarsh from waves and boat wakes. The oyster domes will also provide a suitable high relief substrate for oyster larva recruitment and settlement. The exterior surface area and interior area of the oyster domes also provide valuable fish habitat for foraging and refuge. The oyster dome reefs/sills will be constructed using two types of oyster domes: - Mini -Bay Reef Ball: 17" tall; 2'5" in diameter, surface area of 29 sq. ft.; weighs 300 lbs. - Bay Ball Module Reef Ball: 2' tall; Tin diameter; surface area of 40 sq. ft.; weighs 500 lbs. The oyster dome reefs/sills will be constructed using two rows of oyster domes parallel to the shoreline. Each oyster dome reef/sill will have: • Channel -ward row: Approximately 20 Bay Ball Module Reef Balls placed in a row along the channel side of the sill, with 4-6" of separation between them. • Land -ward row: Behind the row of Bay Balls, a second row of approximately 24 Mini -Bay Reef Balls will be placed with 4-6" of separation between them In total, approximately 40 Bay Ball Module Reef Balls and 48 Mini -Bay Reef Balls will be used to in 2 parallel rows to create the (2) low profile oyster dome reef/sills that will be each 8' wide x 50' long x 2' high along a total of 110 feet of intertidal estuarine shoreline. (3) Lo-pro oyster domes will be placed in an offset manner at the terminus of the southern oyster dome sill to help break up any longshore current created by displacement from passing vessels. An additional (3) Lo-pro oyster domes will be placed in an offset manner at the terminus of the northern oyster shellbag and granite/marl bag sill to help break up any longshore current created by displacement from passing vessels. Fish Passage/Breaks: Approximately 5' of open area will be left between the proposed reefs/sills; and each of the sills/reefs will be offset to allow for fish passage and inter -reef fisheries habitat. Two small oyster dome sections (6'X2'X2') will be placed in offset manner between the still structures to prevent erosion through the open water gaps left for fish passage. The oyster domes will be transported to the stockpile area in the park by truck and offloaded. During construction, loading equipment (Bobcat/Small excavator) will carry the domes down the temporary construction access ramp and place them in the oyster reef/sill foot print. The reef balls will be secured and held in place by curved re -bar pounded into the substrate. iastal Saltmarsh Restoration ' e saltmarsh in the proposed project area has eroded over the years and saltmarsh habitat has been lost. Current conditions at the project site include areas of marsh scarps, undercutting of the marsh and eroded substrate. The purpose of#'/ saltmarsh restoration component of the project is to restore eroded saltmarsh habitat. — 2 is portion of the project will be located between the NHW line within the existing and eroding saltmarsh and tIO extent of the growing range. The saltmarsh restoration area will be approximately 200' long with a maximum width og, an average width of 25'. The goal is to restore lost saltmarsh habitat. The area will be stabilized with the installation of approximately 5,000 Spartina altemiflora (Smooth Cordgrass) planted on 12" centers to enhance tt� � q Ugp.9kthe saltmarsh. Some high marsh plant seedlings, Spartina patens (Saltmeadow Hay) will be installed a high marsh zones. 252-808-2808 :: 1.888-4RCOAST :: www.nccoastalmaAQ9YAk4.WT0N, Form DCM MP-1 (Page 5 of 6) APPLICATION for Major Development Permit e. Are the proposed activities maintenance of an existing project, new work, or both? Reef/Sill Creation and Marsh Cretation will be new work f. What is the approximate total disturbed land area resulting from the proposed project? 5000 ®Sq.Ft or []Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ®No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. Since the project is low density (<12% Impervious) all runoff sheet flows off the site. No piping or direct discharges into wetlands or waters of the state. I. Will wastewater or stornwater be discharged into a wetland? ❑Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? []Yes ❑No ®NA j. Is there any mitigation proposed? ❑Yes ®No ❑NA If yes, attach a mitigation proposal. <Form continues on back> 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with 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 Ronald C. & Clarice C. Holden Phone No. Address 101 Shoreline Drive West. Sunset Beach, INC 28468 Name Joel L. & Teresa P. Peed Phone No. Address 310 Sunset Blvd. Sunset Beach, NC 28468 Name N/A Phone No. N/A Address N/A g. A list of previous slate or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. Stormwater Permit No. SW8 150401 (Minor Mod. Approved COE Action ID No. SAW-2015-00113 (Construct Piers/Docks) 5-24-18) Expires 12-31-2021 D t•n�lV CAMA Major Permit No.52-15 (Minor Mod. Approved 6-13-18) Erosion & Sediment Control Project ID: BRUNS-2015-011 For Rip Rap Revelment (expired, but not needed for proposed work) h. Signed consultant or agent authorization forth, if applicable. NOV — 2 2 I. Wetland delineation, if necessary. D j. A signed AEC hazard notice for projects In oceanfront and inlet areas. (Must be signed by properly owner) RECEIV 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 EnviroI 04706 _D D18 NTY 252-808-2808 :: 1.868.4RCOAST :: www.nccoastalmana gemen .ne ' Form DCM MP-1 (Page 6 of 6) APPLICATION for Major Development Permit 7. Certification and Permission to Enter on Land I understand that any permit Issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date_ 9//1//9 Print Name Hiram Marziano. 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 NOV - 2 2018 DCM-MHD CITY RECEIVED OCT 0 4 2018 DCM WILMINGTON, NC 252-808-2808 .. 1-888-4RCOAST .. www.nccoastalmanagement.net Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL) stabilization (P1):1@ 60'L 2@61(lo-pro) Length 2@6'L(lo-pro) (P1): 6'(shell) 2'(lo-pro) Width (P2): 8'(bay) 2'(lo-pro) Avg. Existing NA NA Depth Final Project NA NA Depth If. 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. c. (1) Does the area to be excavated include coastal wetlands/marsh d. (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 (it) Describe the purpose of the excavation in these areas: High -ground excavation in cubic yards. 2. DISPOSAL OF EXCAVATED MATERIAL ®This section not applicable a. Location of disposal area. b. Dimensions of disposal area. c. (i) Do you claim title to disposal area? ❑Yes ❑No ❑NA d. (i) Will a disposal area be available for future AZGGEWED ❑Yes ❑No ❑NA (it) If no, attach a letter granting permission from the owner. (it) If yes, where? e. (i) Does the disposal area include any coastal wetlandstmarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feel affected. ❑CW ❑SAV ❑SB OWL ❑None NOV -22018 (i) Does the disposal include any area in t ❑Yes ❑No ❑NA 'MHD C1TY (ii) If yes, how much water area is affectERECEIVED 252-808-2808 :: 1-888-4RCOAST :: www.neeoastaimanagement.net DCM WILM{@ .N oS Form DCM MP-2 (Excavation and Fill, Page 2 of 3) (ii) Describe the purpose of disposal in these areas: 3. SHORELINE STABILIZATION ❑This section not applicable (If development is a wood groin, use MP-4 — Structures) a. Type of shoreline stabilization: b. Length: (P1): 60 ft oyster shell/marl/bag sill) []Bulkhead ❑Rtprap ®Breakwater/Sill []Other: c. Average distance waterward of NHW or NWL: P1: 28' P2: 30' (1)30' (2) 30' (1) 2 - sets of 3 to-oro oyster domes (P2): 100 ft oyster dome sill (1) 50 ft long oyster dome sill (2) 50 fit long oyster dome sill (3) 2 - sets of 3 to oro oyster domes (Total of 160' ovser domeloyster bag sills with 5' breaks between for fish passage. A total of 12 Lo-Pro Oyster domes Will provide Drotedion from wave action in between and beside Proposed sills.) Width: P1:6' (P2): 8' d. Maximum distance waterward of NHW or NWL: P1: 30' P2: 35' (1)35' (2) 35' e. Type of stabilization material: f. (i) Has there been shoreline erosion during preceding 12 #4 marine limestone mad (as used by NCDMF for oyster clutch months? plantings) and cured oyster shells in mesh bags. ❑Yes ®No ❑NA (it) If yes, state amount of erosion and source of erosion amount information. N/A g. Number of square feet of fill to be placed below water level. h. Type of fill material. Bulkhead backfill N/A Riprap N/A N/A Breakwater/Sill 1,365 sf Other N/A L Source of fill material. # 4 marine limestone mad from Martin-Marrietta Quarry. Oyster domes purchased from reef Innovations. 4. OTHER FILL ACTIVITIES ®This section not app 1 (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? []Yes ❑No ❑NA b. (1) Will fill material be placed in coastal wetlands/marsNWF 018 If yes, submerged aquatic vegetation (SAV), shell bottom (SB), or (it) Amount of material to be placed in the water _ other wetlands (WL)? If any boxes are check6calQ,e-the number of square feet affected. UU �IVV1I Ia the (�`�'n/ (iii) Dimensions of fill area ❑CW ❑SAV ❑SB (Iv) Purpose of fill OWL []None (tt) Describe the purpose of the fill in thREMIVED OCT 042018 252-808-2808:: 1-888-4RCOAST:: www.nccoastalmanaaement.net DCM WILMINIa I VN 12/21/01 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? The oyster domes/sills will be anchored as seen necessary by 24" curved rebar pounded into the substrate. No fill will be brought in but approximately 5,000 Spartina alterniflora (Smooth Comgrass) will be planted behind the sills to enhance habitat as well as prevent future erosion. C. (i) Will navigational aids be required as a result of the project? ®Yes ❑No ❑NA (Ii) If yes, explain what type and how they will be implemented. 6' 2" PVC post will be installed every 50' along the length of the project waterward of the project footprint. The post will have reflective tape on the top. Date Sunset Beach Town Park - Living Shoreline Project Name Town of Sunset Beach - Hiram Marziano Applicant N m Applicant rature b. What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? A bob-cat/skid loader will be used to transport sill materials. d. (i) Will wetlands be crossed in transporting equipment to project site? ®Yes []NO ❑NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. Wetland areas will be avoided as much as possible. In any areas where wetlands are crossed the ground will be protected through the use of logging/marsh mats for the equipment and people to pass over. Once the project is complete, all the mats and any project debris will be removed and the path area will be allowed to return to its natural state. NCCF will install any needed plants to help the vegetation return to the area. RECEIVED Nov -22018 DC"-MHD CITY RECEIVED OCT 0 4 2018 DCM WILMINGTON, NC -w d V ms 3nJ tz f*63lIS o � UONDIH Nu.\� j • N' CY-'. NvuVV�s RtGCwL;w z CD 3 m OCT 0 Z018 m n o m OCM WILMINGTON, NC 0 �. •-s" pit. _' �1. : •., _ ag las •IVNJOM �.• _ � v _ •` x{��. i •� _.Its • Q ���_' IOU D � tuN3 y � r ROY COOPER NORTH CAROLINA Governor Environmental Qudtty NUCHAEL S. REGAN Secretary October 29, 2018 BRAXTON C. DAVIS Director East Coast Engineering & Surveying, P.C. c/o Jackson Starling, E.I. PO Box 2469 Shallotte, NC 28459 Dear Mr. Starling: The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent for the Town of Sunset Beach, for State approval for development of a living shoreline along the Sunset Beach Town Park at the subject property located at 206 Sunset Boulevard North, adjacent to Mary's Creek and the Atlantic Intracoastal Waterway (AIWW), in Sunset Beach, Brunswick County. It was received as complete on October 17, 2018 and appears to be adequate for processing at this time. The projected deadline for making a decision is December 31, 2018. 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 October 17, 2018, 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. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely Tyler cGuire Environmental Specialist cc: Courtney Spears, DCM Doug Huggett, MHC Hiram Marziano, LPO Liz Hair, COE Chad Coburn, DWR RECEIVED NOV - 2 g DCM-MN 10 CI7.V North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension 1 Wilmington, North Carolina 28405 N0'1'IC1: RE'SivEd DCM.MHD CITY AMA PERMIT APPLIED FOR Tc,,M,, qdify State Permit No. 52-15 to create a Livia Sun in Brunswick County. VW COMMENTS ACCEPTED THROUGNovember 22v2018 APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Town of Sunset Beach NC flay- of Cnastal Management Inn S--n at Qi .a N, 127 Cardinal Dr- FXtenc inn C--nr.o+ Roark. NC 78462 WWilmingtnn. NC 211140-9 Tyler McC-moire, Field Representative Agent: Jacksin Starling (910) 754-8029 910-796-7424 AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: Town of Sunset Beach Mailing Address: 700 Sunset Blvd. Phone Number: Email Address: Sunset Beach, North Carolina 28468 910-579-6297 hmarziano@sunsetbeachnc.gov I certify that I have authorized East Coast Engineering & Surveying, PC Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: Sunset Beach Park (Mary's Creek) at my property located at 206 Sunset Blvd. North, Sunset Beach, Brunswick County , in Brunswick County. I furthermore certify that I am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: ignature ttl¢aM T ^ftaPr'v, )7 Print or Type Name INr�.tM films✓ /}QMII`�/5�1�}1y4. Title Date This certification is valid through 2-10-2019 No Np c�TYT RECEIVED OCT 042018 DCM WILMINGTON, NC 10/1/2018 USPS.com@ - USPS Tracking® Results ALERT: DUE TO THE FLOODING FROM HURRICANE FLORENCE, MANY POST OFFICES IN TH.- USPS Tracking® FAQs > (https://www.usps.com/fags/uspstracking-fags.htm) Track Another Package Tracking Number: 70011940000293954954 Expected Delivery on THURSDAY 20 SEPTEMBER 2018 rQ' G Delivered See Product Information u September 20, 2018 at 12:35 pm Delivered, Left with Individual SUNSET BEACH, NC 28468 Get Updates \/ Text & Email Updates Tracking History Product Information 1.11 n- m n- ru ReturnReceipt Fee (Endorsement Requred) 0 p Restricted Delivery Fee (Endorsement Required) 42 SEP 11 2018 )M ZIP CODE 28459 Postmark Here P Remove X v -n tP m 0- a- m n 77 O Total Postage & Fees Er Sent To v - Street, --��-�-`reC�a ._Peed o rPOBRECFnirD 0 o `..---------- N. 0 Sun - .c,-i. . ..1 Jd ?... ------ M1 C/ty, State, ZlP+ 4 ` _ Q _ „�_ �& 2W68 NOV _ 'r :rr r, fn��l'71 IY q RECaefik m1N0 CITY OCT 0 4 2018 Can't find what you're looking for1cM wILMINCTON, NC https://tools.usps.com/go(frackConfirmAction?tRef=fullpage&tLc=2&text28777=&tLabels=70011940000293954954%2C 1/2 10/1/2018 USPS.com®- USPS Tracking® Results ALERT: DUE TO THE FLOODING FROM HURRICANE FLORENCE, MANY POST OFFICES IN TH... U1 Ir m certee 0- Return Recelpt Fee rU(Endorsement Required) O Restricted DelNery Fee p (Endorsement Requlreo USPSTracking® FAQs > (https://www.usps.com/fags/uspstracking-faqs.htm) Track Another Package Tracking Number: 70011940000293954947 Remove X Your item was delivered at 12:26 pm on September 21, 2018 in OCEAN ISLE BEACH, NC 28469. G Delivered September 21, 2018 at 12:26 pm Delivered -n m OCEAN ISLE BEACH, NC 28469 a 6 Get Updates Text & Email Updates Tracking History Product Information 2 SEP 11 2018 A ZIP CODE 28459 Postmark Here u v U O RE rotalPostage BFees $ � Olq CEIVED S � M-t To To - C=----------Qr Ce-Ci -Id en .--.... NOV - 2 2018 C3 or PO BLN ox No. Caren Clry..---%P+'..DI.S►4)OCI�I�neDr.__W `�".--- 2 DCM-MHD CITY BQ�&hNc aegr08 :rr rr Go to our FAQs section to find answers to your tracking questionRs. ECEIVED OFT 042018 FAQs (https://www.usps.com/fags/uspstracking-fags*m6lLMINGTON, NC https://tools.usps.com/go/rrackConfirmAction?tRef=fulipage&tLc=2&text28777=&tLabels=70011940000293954947%2C 112 1. Article Addressed to: �}nnre, C• Ga►rlte- C. �olcien �neop__ 1J�• `\k -5U nSe+ Q7e 1, o (o . pyGertified Mail ❑ F.�press Mail ❑ Registered eturn Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. e,....r..re.r n tiverv? !Extra Feel ❑ Yes 2. Article Number 7001 YNU uuur (I,rensfer from service IaoeO 102595-02-M-1540 PS Form 3811, February 2004 Domestic Return Receipt RECEIVED NOV - 2 2018 RECEIVED ACM A481) CITY OCT 0 4 2018 DCM WILMINGTON, NC I8Iun wlck IIIIIIilllll�lRegi.t. B3»4?3P-9- I sf 3PRO Brunawek County, R.giater m( O.eda peg. 1 of 3 Brands M. Cl.mmmn. R.glet.r mr o..aa 07-08-2831 10:34:35. sea arunau ick County, NC NC REVENUE ETM1P: E5300.00 (0264546) Prate. terkl� Et �%— Refund:_.._._ 17 Pbrvrsofenr,,-- ofo:,a'lal . WARRANTY DEED STATE OF NORTH CAROLINA COUNTY OF BRUNSW ICK ?frtpmed Btu M';pe Zs.n6dD THIS DEED, made this Zday of July, 2011, by and between Tidal Ventures, LLC, a North Carolina limited liability company, 1574 Monster Buck Estates, Supply, NC 28462, hereinafter, whether one or more, referred to as "Grantor," and Town of Sunset Beach, a North Carolina municipal corporation, whose address is 700 Sunset Blvd. North, Sunset Beach, NC 28470, hereinafter, whether one or more, referred to as "Grantee": WITNESSETH: THAT the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple all of that certain property situated in Sunset Beach, Brunswick County, North Carolina, more particulady described as follows: BEING all of that certain 6.22 acre tract of land according to a Survey for Tidal Ventures, LLC, by Norris and Ward Land Surveyors, PA, recorded in Map Cabinet 34 at Page 366 of the Brunswick County Registry, said tract having the metes, bounds and location as shown on said plat. For back reference see Book 2345 at Page 89 of the Brunswick County Registry. This property was acquired with State financial assistance from the N.C. Parks and Recreation Trust Fund, and pursuant to a contractual requirement this property may not be converted to other than public recreation use (whether by transfer, sale or in any other manner) without approval of the N.C. Department of Environment and Natural Resources. RECEIVED -Nov - 2 2018 DC"#,D CITY RECEIVED OCT 042018 DCM WILMINGTON, NC IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII B3174 P1313m enc 35'FROR Or un.uick C..ty, NC Register of aoa6 peg. 3 of 3 This property does not contain the primary residence of Grantor. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. AND the Grantor covenants with the Grantee that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple; that title is marketable and free and clear of all encumbrances, except as shown on Exhibit A attached hereto, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the Grantor has hereunto executed this deed, the day and year first above written. STATE OF NORTH CAROLINA COUNTY OFII.,BRnnUNSWICK—{- I, C 1lr l� 5 T ��.�Qt 0. . a Notary Public in and for the state and county aforesaid, do hereby certify that Gregory S. Gore and Samuel N. Vamam personally came before me this day and each acknowledged that he is a member -manager of Tidal Ventures, LLC, a North Carolina limited liability company, and that by authority duly given and as the act of the limited liability company, he voluntarily signed the foregoing Instrument in its name on Its behalf as Its act and deed. n-,1 WITNESS my hand iMiFiwr this the_Oqy of July, 2011. S�'t NQiAq�, o Q Notary Public My commission expires: •,f �zq.2�IS RECEIVED NOV -220I8 DCM-MND city RECEIVED OCT 0 4 2018 DCM WILMINGTON, NC IIIIIIIIIT111111111IIIy. I111111111111 a31ia g1314m3�f33;�, Exhibit Exceptions 1. Brunswick County Property taxes for the year 2011. 2. Matters shown on the survey map recorded in Map Book 34, Page 366, Brunswick County Registry. 3. Lands lying below the mean high water mark. 4. Utility Easement recorded in Book 1369, Page 727. 5. Temporary Deed of Easement recorded in Book 2322 at Page 1152, 6. Right of Way for Sunset Boulevard and SR 1172. 7. Rights of others thereto entitled in and to the continued uninterrupted flow of Mary's Creek. B. Right of Way in favor of the State and/or Federal Government for Atlantic Intracoastal Waterway, If any. 9. Utility Easements of Record. RECEIVED NOV - 2 K18 DCM-MHD CITY RECEIVED OCT 0 4 2018 DCM WILMINGTON, NC rJ East Coast Engineering & Surveying, P.C. ENGINEERS•PLAN NERS•SURVEYORS October 3, 2018 Mr. Tyler McGuire / Brooks Surgan Division of Coastal Management NC Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405-3845 Subject: Town of Sunset Beach Park Major CAMA Permit #52-15 Maior Permit Modification Submittal Dear Mr. McGuire / Surgan On behalf of the Town of Sunset Beach, please find enclosed the information required for the major modification to the existing Major Permit #52-15 for the Town of Sunset Beach Park, located along Sunset Blvd. North, Sunset Beach. This submittal package includes the following: 1. Twenty six (26) copies of our design plan, on 24" x 36" sheet; 2. A copy of the Project Narrative; 3. A copy of the Application for Major Development (DCM MP -I) 4. A copy of the Excavation and Fill Application (DCM MP-2) 5. A copy of the deed for the property 6. A copy of the agent authorization form 7. A copy of the location map 8. A copy of adjacent property owner notification certified mail receipts for Peed and Holden 9. A check in the amount of $300.00 to cover the remainder of the application fee ($100.00 already submitted previously) If you have any question or require any additional information, please contact our office. Sincerely, Jackson Starling, E.I. RECEIVED jstarling@eces.biz OAT 0 d We, Enclosures DCM WILMINGTON, NC PC: Mr. Hiram Marziano, Town of Sunset Beach Administrator via Email Mr. Dustin Graham, Town of Sunset Beach Public Works Director via Email File: 2700.19 (Sunset Beach — Mary's Creek Town Park) RECEIVED 4918 MAIN STREET *POST OFFICE BOX 2469 •SHALLOTTE, NORTH CAROLINA 28459 *TEL: 910-754-8029 •Fax: 91oUi -Vo49 c; FIRM LICENSE NUMBER: C-3014 DCM_MHD i --q -le Good Afternoon Mr. Starling, This is Tyler McGuire with the Division of Coastal Management and I have reviewed your Modification Application to CAMA Major Permit 52-15 located at Sunset Beach Town Park. I have attached copies of the information you provided in your Modification Application with questions, and/or The Rip -Rap Revetment that was approved by the Minor Modification on June 13`", 2018 that is labeled as "Proposed" is causing confusion with what is being proposed under this Modification Application (Proposed Oyster Sills). I would just remove the words "Proposed" (highlighted in pink) from those two Rip Rap Revetment descriptions on the work plats. The Oyster Sill descriptions on the work plats that are highlighted in green I would add the words "Proposed" to help clear up this confusion between what was approved under the Minor Modification and what's being proposed under this Modification Application. Also, either label the T-head Pier that I have highlighted in green as "Existing Pier" or hatch it with "Existing Elevated Wooden Boardwalk" symbols. Finally, I am a little confused by the "Proposed Dredge Channel" that I have highlighted in yellow from the Atlantic Intracoastal Waterway back to Mary's Creek. Do you plan on dredging that channel under this Modification Application? If so, we will need that proposed dredging information included and detailed in the Submittal, Narrative, and on the Work Plats. Also, where do you plan on paving Permeable Paver Walkway (Gazebo) that is included in your Legend? I don't see this symbol anywhere on the work plats. On the Project Submittal and Narrative, the information highlighted in green are minor errors or typos. Please correct those as well. If you have any questions or concerns don't hesitate to send me an email or give me a call. Thank You, Tyler McGuire Tyler McGuire Environmental Specialist NC Department of Environmental Quality NC Division of Coastal Management 127 Cardinal Drive Ext. Wilmington, NC28405 Phone:(910)796-7423 Fax: (910)395-3964 Tyler. McGuire@ncdenr. aov fc. __ N. 'h, q ( .�,; .." " , -E-mail RECEIVED NOV - 2 �, l,f 1)C"'MH1) CITY McGuire, Tyler D From: Jackson D. Starling <jstarling@eces.biz> Sent: Tuesday, July 24, 2018 3:33 PM To: McGuire, Tyler D Subject: [External] RE: Modification to CAMA Major Permit at Sunset Beach Town Park Categories: CAMA Tyler, We will make the necessary revisions to clear up any confusion between what has been approved under the previous permit and what is proposed under this modification. The proposed dredge channel is to be dredged by Moffat & Nichol and I will add a note to the plan stating such. This was previously labeled to show any potential conflict with a sloughing buffer from the box cut but we have since moved our proposed sills out of this area. There are no areas that are to be paved with permeable pavers, but I will correct this outdated legend. Thanks for your detailed comments, ECES File #2700.19 Eas oast EnGWEEMNG %5UWEY1WU. P.C. 14 Jackson Starling, E.I. Project Engineer 4918 Main Street Post Office Box 2469 Shallotte, North Carolina 28459 (o) 910-754-8029 (f) 910-754-8049 Engineers, Planners, Surveyors jstarling eces.biz www.eces.biz From: McGuire, Tyler D[mailto:Tyler.McGuire@ncdenr.gov] RECEIVED Sent: Tuesday, July 24, 2018 3:11 PM To: jstarling@eces.biz NOV — 2 2018 Subject: Modification to CAMA Major Permit at Sunset Beach Town Park DCM-MHD CITY East Coast Engi ENGINEER`. rg & Surveying, URVEYORS PROJECT NARRATIVE For Sunset Beach Town Park Sunset Beach, North Carolina East Coast Engineering & Surveying, P.C. June 29, 2018 P.C. CAMA MAJOR PERMIT52-15 and CAMA GENERAL PERMIT 64086D REVISONS Sunset Beach Town Park is a Town owned Park located at 206 Sunset Blvd. N at the intersection of NC Highway 179 Business and Sunset Blvd. N in Sunset Beach, North Carolina. The Tax ID number for the property is 256GA1010. The total project area is 5.22 acres, and is currently covered by an active 12% low density stormwater permit # SW8 150041 last mod May 24, 2018. The latest modification to the CAMA major permit #52- 15 was update existing and proposed shoreline rip rap revetment. ±fit The pu se of the modified plan is to show proposed locations of oyster sills along the shoretin1K ugh a Minor Modification to the CAMA Major Permit 52 15 issued on June 13, 2018. ('i �fl x�rrr . slur tRxµ brQi*A rx The Coastal Wetland Line was updated and marked on November 22, 2017 along the full length of the proposed living shoreline areas by Land Management Group, Wilmington, NC. This updated Coastal Wetland Line is reflected on the modified plan. The proposed living shoreline sills will not encroach into and will be placed completely waterward of the edge of coastal marsh grass. RECEIVED' 1. rT 0420 SPecifre Project objectives include: - Create (1) low profile oyster shellbag and marl/granite bag curvilinear reef/sill that is 6' wide x 60' long x 2' high - Create (2) low profile oyster dome reef/sills that are each 8' wide x 50' long x 2' high using Mini -Bay Reef Balls and Bay Bail Module domes Restore and enhance saltmarsh habitat with the placement and installation �juVED vegetation seedlings in the area behind the oyster/marl bag, oyster dome reefs si wi an average width of 25' 4918 MAIN STREET *POST OFFICE BOX 2469•SHALLOTTE, NORTH CAROLINA 284S9.TEL: 910-754-8019.Fax`§(07y#P CITY FIRM LICENSE NUMBER: C-3014 East Coast Engi ENGINEER' June 29, 2018 Mr. Brooks Surgan ! T L-e52 KC CYO"" Division of Coastal Management NC Department of Environment and Natural Resources 127 Cardinal Drive Extension Wihnington, North Carolina 28405-3845 c Surveying, URVEYORS P.C. Subject: Town of Sunset Beach Park Major CAMA Permit #52-15 jr(AjoR---,P-;MiprorPermit Modification Submittal I}ek{j M�l arrol--� �'� Rc a v /tl c Gals On behalf of the Town of Sunset Beach, please find enclosed the information required for the minor modification to the existing Major Permit #52-15 for the Town of Sunset Beach Park, located along Sunset Blvd. North, Sunset Beach. This submittal package includes the following: 1. One (1) copy of our design plan, on 24" x 36" sheet; 2. One (1) copy of our design plan, on 11" x 17" sheet; 3. A copy of the Project Narrative; 4. A check in the amount of $100 to cover the required application fee. If you have any question or require any additional information, please contact our office. Sincerely, 7 gECEIVEr) Jackson Starling, E.I. jstarling@eees.biz C T 0 4 2018 tivrll RECEIVED NOV 11re.r' Enclosures PC: Mr. Hiram Marziano, `I own of Sunset Beach Administrator via Email Mr. Dustin Graham, Town of Sunset Beach Public Works Director viz File: 2700.19 (Sunset Beach— Mary's Creek Town Park) 4918 MAIN STREET •POST OFFICE BOX 2469 •SHALLOTTE, NORTH CAROLINA 28459 *TEL: FIRM LICENSE NUMBER. Cg014