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42-20 MM 2022 Town of Ocean Isle Beach
Permit Class MODIFICATION/MAJOR STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission 'Vern't for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Permit Number 42-20 Issued to Town of Ocean Isle Beach 111 Causeway Dr., Ocean Isle Beach NC 28469 Authorizing development in Brunswick County at concrete canals between Lee & Concord Street (#1-13), feeder canals #8-20, and entrance canals #8 and #3, as requested in the permittee's application dated 5/16/22 (MP-1 MP-2) including work plan drawings (12) Sheets 1-12 of 12 dated 6/10/22. This permit, issued on November 21, 2022 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation rt these terms may oe suoject to tines, impnsonmenL or CIVIL actlVu; ur 111ay Cause u,c p�1111< <U U� 11.1� a��....,�... Maintenance Excavation - Canals 1) In order to protectjuvenile shrimp and finfish populations, no excavation or filling shall be permitted between April 1 and November 15 of any year without the prior approval of the Division of Coastal Management, in consultation with appropriate resource agencies. 2) No excavation shall take place outside of the area indicated on the workplan drawings. 3) Excavation shall not exceed -7 feet below the mean water level. In no case shall the depth of excavation exceed the depth of connecting waters. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on November 21, 2027 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ ano the Uhair of the Coastal Resources Commission. For Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Town of Ocean Isle Beach Permit No. 42-20 Page 2 of 4 ADDITIONAL CONDITIONS 4) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 5) No excavated or fill material shall be placed at any time in any vegetated wetlands/marsh or surrounding waters outside of the alignment of the fill area indicated on the workplan drawing(s). 6) No excavation shall take place within 10 feet of any Coastal Wetlands. Dredge Material Disposal — DA 0303 7) No dredge material shall be placed within 30 feet of the normal high-water line. 8) All excavated materials shall be confined above normal high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. The barriers shall be maintained and functional until the site is graded and stabilized. 9) The diked disposal area shall be constructed a sufficient distance from the normal high-water level or any marsh and sufficiently maintained to eliminate the possibility of dike erosion or dredge material deposition into surrounding wetlands or waters. 10) The terminal end of the pipeline shall be positioned at or greater than 50 feet from any part of the dike and a maximum distance from spillways to allow settlement of suspended sediments. 11) A water control structure shall be installed at the intake end of the effluent pipe to assure compliance with water quality standards. 12) The proposed dredge material disposal site has been identified as Disposal Site DA-0303. The permittee is advised to follow all required U.S. Army Corps of Engineers regulations whether or not such commitments are addressed by individual conditions of this permit. If the dredge material disposal site changes, the permittee shall contact the Division of Coastal Management prior to the initiation of dredging activities for additional authorization. 13) The dredge material disposal area shall be inspected and approved by a representative of the Division of Coastal Management prior to the commencement of any dredging activities. 14) Because the dredge material is being removed from an area that is closed to the taking of shellfish, discharges from the dewatering of dredge materials near any swimming areas between April 1 and October 31, or any area that is open to shell fishing, may require a swimming, advisory to be posted or a shellfish closure to occur. The permittee shall contact the Division of Marine Fisheries — Shellfish Sanitation and Recreational Water Quality Section (252) 726-7021 prior to dredging any activity for this determination. Town of Ocean Isle Beach ADDITIONAL CONDITIONS Upland Disposal Area — 5512 Ocean Hwy West Permit No. 42-20 Page 3 of 4 15) The upland disposal area shall be inspected and approved by a representative of the Division of Coastal Management prior to the commencement of any dredging activities. 16) The permittee and/or their contractor shall take all necessary precautions to ensure that the dredge material is properly contained during transport to the disposal site, and that all the proper coordination has taken place with the local or state governments to ensure that any damage to public streets caused by transport of the dredge material has been addressed. USACE Conditions 17) The permittee currently has a consent agreement from the Army Corps of Engineers to remove material from DA 303 and dispose of it at an offsite facility (to be done prior to dredged spoil placement). They will remove 59,700 cubic yards of material from this spoil disposal site prior to dredged spoil placement. The permittee must still receive consent from the Corps' Navigation Branch to place spoil material onto DA 303. This consent must be obtained prior to this spoil placement. 18) An "As -Built" survey of the dredged channel must be submitted within thirty (30) days of project completion to the U.S. Army Corp of Engineers Wilmington Regional Office, 69 Darlington Avenue, Wilmington, North Carolina 28403. 19) All pipeline locations must be located by GPS and submitted to USACE office prior to installation. 20) 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 https•//www.fws.gov/raleigh/pdfs/ManateeGuidelines20l7.pdf. Maintenance Clause 21) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance excavation work authorized by this permit, and such notification shall include: A. The number of the original permit. B. A statement that no dimensional changes are proposed. C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the area to be used for dredge material disposal, and the estimated amount of material to be removed. The location, design and holding capacity of the dredge material disposal site shall be approved by a representative of the Division prior to the initiation of any maintenance dredging activities. D. The date of map revision and the permittee's signature shown anew on the original plan. Sedimentation and Erosion Control 22) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 23) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses or properties. , Town of Ocean Isle Beach ADDITIONAL CONDITIONS General Permit No. 42-20 Page 4 of 4 24) This permit shall not be assigned, transferred, sold, or otherwise, disposed of to a third party without the written approval of the Division of Coastal Management. 25) All construction debris associated with the removal or construction of the permitted development shall be contained within the authorized project area and disposed of in an approved upland location. 26) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required, including but not limited to any authorizations required from the U.S. Army Corps of Engineers. NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 5235 and assigned the project DWR Project No. 2008-1373 v3. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the mean high-water level. NOTE: An application processing fee of $475 was received by DCM for this project. DCM Coordinator: L„�k Permit #: MAILING DISTRIBUTION SHEET Permittee: 0� 6 � AC-� \.� �c� �� 1 i� �a� _?%46� Agents: , `mor— 1 l.an �el�i DCM Field Offices Elizabeth City Washington (with revised work plan drawings) Morehead City Wilmington -mow (OBJECTIONS ) US ACOE Offices: -13' P'a 6-- Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Wilmington: Greg Curry (Brunswick, New Hanover) Liz Hair (Carteret, Onslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Resources: Public Water Supply: Marine Fisheries: NC DOT: Shellfish Sanitation: State Property: DEMLR/DWR: Washington: Wilmington Wildlife Resources: Natural Heritage Program LPO: Renee Gledhill -Earley at Env ironmental.Review@ncdcr.gov Heidi Cox (WIRO) Clif Whitfield (WARD) Kim Harding Jimmy Harrison David Harris Shannon Jenkins / Sharon Gupton / Andy Haines Tim Walton / Mike Moser Sheri Montalvo / Shelton Sullivan Robert Tankard - 401 Glenn Stewart - 401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Holley Snider - 401 (Pender, Brunswick, New HanoverI John Perry - 401 (Onslow, Carteret) Christine Hall - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Maria Dunn (WARO) 4 Rodney Butler (NCDOT) Travis Wilson DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Town of Ocean Isle Beach IlMajor Mod #42-20 COUNTY: Brunswick PROJECT NAME: 2022-2023 Concrete Canal Maintenance Dreding LOCATION OF PROJECT: Between Causeway Dr. Sw & Lee Street, adj. to AD -VW, Ocean Isle Beach DATE APPLICATION RECEIVED COMPLETE BY FIELD: 8-2-22 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: N/A FIELD REPRESENTATIVE: Brock DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: APPLICATION ASSIGNED TO: Luck PUBLIC NOTICE REC'D: 8-10-22 ADJ. RIP. PROP NOTICES REC'D: C) 75 DAY DEADLINE: 10-16-22 HOLDS: MAIL OUT DATE: 8-5-22 PERMIT FINAL ACTION: ISSUE DENY DISTRICT OFFICE: WILMINGTON FEE REC'D: $475 (60/40)#9465 END OF NOTICE DATE: 8-31-22 DEED REC'D: Yes 150 DAY DEADLINE: STATE DUE DATE: 8-31-22 RECEIVED AUG 0 5 ZOZZ DCM-MHD CITY AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES DCM - Field Rep xl�3 /n� DCM - LUP Consistency Determination Local Permit Officer Corps of Engineers - Regulatory Branch 41WL `(1 Ib SMC6I-7��j 3t 3 iDWR-401Section DWR - Public Water Supply DEMLR - Stormwater DEMLR- Sed and Erosion DOA - State Property Office [[ 2) 0 Wildlife Resources Commission y 4 a4-%kj�0 DMF - Shellfish Section oPL DMF-Habitat& Enhancement 01 O DNCR - Archives & History OG �nr DNCR-Natural Heritage Program NCDOT NC Dept of Commerce 2 p M-PAII DCM Coordinator: Cameron Luck County: Circle onls: 6 o R wFt 7 Permit for: S Permit #:�— WIRO E-MAIL DISTRIBUTION SHEET -,fnkm o � 0 (,(tit Vt I sIj V/U U1 Oversize Plans sent. 1! n y DCM Offices: Morehead City: PT (if oversize) via ner _ "cc Cam & Amanda on group email wt bio.narr.app.drawings, deed, comment sheet 'MHC documents (Cam & Amanda) Wilmington: Original hard -copy _If ONLY USACE & DWR (wiro) Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization USACE Wilmington: -==i er & Carteret Cc): PN, CL, Reports, Split Sheet _ use both [,,v�)MmingtonNCREG@usace.army.mil (NH/BR): PN, CL, Reports, Split Sheet feg Currey (NH/BR: PN, CL, Reports, Split Sheet Div of Water Resources: olley Snider - 401 (BR/NH): PN, CL, Reports, Split Sheet _ -F0ky UF=401 (PN/ON - Surf City): PN, CL, Reports, Split Sheet _ Div of Water Resources: 41heri Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet Marine Fisheries: v/Kim Harding _ DCM PlannerMiRO: 'Mike Christenbury Cultural Resources: �RRenee Gledhill -Earley Environmental.Review@ncdenrgov_ Natural Heritage Prog. "Rodney Butler _ DCA-Rural Eco. Dev: vMark Ziegler _ NC DOT: Wildlife Resources: kOavid Harris _ " Maria Dunn w/Reports _ State Property Office: `T n Walton: DEED _ v4ke Moser _ ,Wanda Hilliard, Real Property Agent (Bio Reports only) _ Shellfish Sanitation: 1ATi1_ff � Public Water Supply: City of Wilmington: Enforcement: _Co. LPO Agent: ✓,%r my Humphrey (Bio) / _ 110aron Gupton, Admin. _ %C'Mstine Hall - Stormwater Section _ an Sams - Land Quality Section _ ✓Heidi Cox J Field Rep:-�31 wao e3VV64L— DISTRIBUTED: 0 tiv RECEIVED 'AUG 0 5 2022 DCM-MHD CITY Updated 2/25/22 CAMA/Shaun majors docs/e'Agency List Recommendations for State Permit — Town of Ocean Isle Beach It is the staffs recommendation that the applicant's proposal to hydraulically dredge approximately 55,558 cu. yds. of shallow bottom in the Ocean Isle Beach canal system appears to be CONSISTENT with Rules NCAC 07H .0208 (b)(2) Specific Use Standards for Hydraulic Dredging. This office has no objections to the proposed project. The spoil disposal site (DA0303) is located adjacent to waters that are open to the harvest of shellfish. Therefore, a condition should be included to require the applicant to contact the Division of Marine Fisheries, Shellfish Sanitation Section, before commencement of any dredging activities. Additionally, a condition should be included to obtain USACE consent prior to initiating all dredging activities. RECEIVED AUG 0 5 2022 DCM-MHD CITY DocuSign Envelope ID: 810037EE-96E6-499F-A294-BD6E30E631 E1 ROY COOPER Governor ELIZABETH S. BISER Secretory RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality October 10, 2022 D W R g20081373v3 Brunswick County Town of Ocean Isle Beach ATTN: Daisey Ivey 111 Causeway Drive Ocean Isle Beach, NC 28469 Subject: Approval of Individual 401 Water Quality Certification Maintenance Dredging of Concrete and Commercial Canals USACE Action ID. No. SAW-2008-02610 Dear Mrs. Ivey: Attached hereto is a copy of Certification No. WQC005235 issued to Daisey Ivey and the Town of Ocean Isle Beach, dated Octber 10, 2022. This Certification replaces the Certification issued on February 10, 2020. 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 this Water Quality 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 Certification and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)]. Please understand that the waters around your project area have been identified as a Nursery Area and requests to dredge within these areas must be consistent with 15A NCAC 02B .0220; 15A NCAC 02B .0222 and 15A NCAC 02B .0225 which requires that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, maintenance of biological integrity, and fishing, fish, and Primary Nursery Area(PNAs) wildlife; secondary contact recreation; and that activities must not cause water pollution that precludes any best use on a short- term or long-term basis. This Water Quality Certification does not relieve the permittee of the responsibility to obtain all other required Federal, State, or Local approvals before proceeding with the project, including those required by, but not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and Trout Buffer regulations. This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize any person to interfere with the riparian rights, littoral rights, or water use rights of any other person and does not create any prescriptive right or any right of priority regarding any usage of water. This Water Quality Certification shall not be interposed as a defense in any action respecting the determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed ��773,� North Carolina Department of Environmental Quality I Division of Water Resources ®� �J� 127 Cardinal Drive Ext. I Wilmington, North Carolink 28405 unrvu>aa 910.796.7215 DocuSign Envelope ID: 810037EE-96E6-499F-A294-BD6E30E631 Et Town of Ocean Isle Beach DW R# 20081373v3 Individual Certification #WQC005235 Page 2 of 12 by virtue of this Water Quality Certification to possess any prescriptive or other right of priority with respect to any other consumptive user. Upon the presentation of proper credentials, the Division may inspect the property. This Water Quality Certification shall expire on the same day as the expiration date of the corresponding Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the expiration date of this Water Quality Certification. Non-compliance with or violation of the conditions herein set forth may result in revocation of this Water Quality Certification for the project and may also result in criminal and/or civil penalties. If you are unable to comply with any of the conditions of this Water Quality Certification you must notify the Wilmington Regional Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee becomes aware of the circumstances. The permittee shall report to the Wilmington Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 026 .0200] including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. This approval and its conditions are final and binding unless contested [G.S. 143-215.5]. This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150E of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000. A party filing a Petition must serve a copy of the Petition on: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 If the party filing the Petition is not the permittee, then the party must also serve the recipient of the Certification in accordance with N.C.G.S 150B-23(a). This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Please contact Holley Snider at 910-796-7303 or holley.snider@ncdenr.eov if you have any questions or concerns. North Carolina Department of Environmental Quality I Division of Water Resources ®r1k O%Z� 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 ��oxxx run 919,707.9000 arv.mam �wr.oeowm� /`� DocuSign Envelope ID: 810037EE-96E6-499F-A294-BD6E30E631E1 Town of Ocean Isle Beach D W R# 20081373v3 Individual Certification #WQC005235 Page 3 of 12 Sincerely, Doco8lgned by: [KIbmuA ka &G —elm E3ABAMAGMC434... Morelia Sanchez -King Regional Operations Supervisor Electronic cc: Greg Currey, USACE Wilmington Regulatory Field Office Todd Bowers, EPA DWR 401 & Buffer Permitting Branch Electronic file Filename: 20081373v3_Town of Ocean Isle Beach Maintenance Dredging_IWQC_BrunsCo_Oct.22 E Q North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 urswx w> 919.707.9000 wro.motwe.e.mwawmr� DocuSign Envelope ID: 810037EE-96E6-499F-A294-BD6E30E631 E1 Town of Ocean Isle Beach DWR# 20081373v3 Individual Certification #WQ0005235 Page 4 of 12 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION CERTIFICATION #WQC005235 is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500 and 15A NCAC 02B .0200, to Daisey Ivey and the Town of Ocean Isle Beach, who have authorization for the impacts listed below, as described within your application received by the N.C. Division of Water Resources (Division) on August 5, 2022, and by Public Notice issued by the Division of Coastal Management on August 10, 2022. The State of North Carolina certifies that this activity will comply with water quality requirements and the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-SOO and PL 95-217 if conducted in accordance with the application, the supporting documentation, and conditions hereinafter set forth. The following impacts are hereby approved. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b)] Type of Impact Amount Approved Amount Approved Plan Location or (units) Permanent (units) Temporary Reference Open Waters Concrete and 15.10 acres N/A Project narrative and Commercial Canals (657,000 sq. ft.) sheets CIA S1.0, maintenance excavation S1.1, S2.0 thru 2.7 and sheet 53.0 Hydraulic Spoil +/-12 acres (523,563 Dated Disposal (DA# 303) sq.ft.) June 10, 2022 Land disturbance This approval requires you to follow the conditions listed in the certification below. CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]: 1. Moratoriums You will comply with any moratoriums per the NC Division of Marine Fisheries and the NC Wildlife Resources Commission. Dredging moratoriums shall be observed as required by the NC Division of Marine Fisheries, NC Wildlife Resources, US Fish and Wildlife and National Marine Fisheries. If such activities should take place during periods of high biological activity (e.g. anadromous species and shorebirds), biological monitoring may be required at the request of other state and federal agencies and coordinated with these dredging activities. .Citation: 15A NCAC 021-1.0506(b); 15A NCAC 021-1.0507(c); 15A NCAC 04B .0125 Justification: In order to protect against impairment of water quality standards and best usage of receiving and downstream waters, water quality based management practices must be employed to protect against direct or indirect discharge of waste or other sources of water pollution. Surface water quality standards require that conditions of waters be suitable for all ®EQ�� North Carolina Deparostent of Environmental Quality I Division of Water Resources 512 Nortb Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 rvr�•iruni ws 919,707.9000 ay.immarrmm.ieweomr DocuSign Envelope ID: 810037EE-96E6-499F-A294-BD6E30E631E1 Town of Ocean Isle Beach DWR# 20081373v3 Individual Certification #WQC005235 Page 5 of 12 best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity, wildlife, secondary contact recreation, agriculture), and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 2. The Perm ittee shall adhere specially to 15A NCAC 02B .0221 Tidal Salt Water Quality for Class SA Waters (3)(g) pH: shall be normal for waters in the area, which generally shall range between 6.8 and 8.5 except that swamp waters may have a pH as low as 4.3 if it is the result of natural conditions; (1) Turbidity: the turbidity in the receiving water shall not exceed 25 NTU; if turbidity exceeds this level due to natural background conditions, the existing turbidity level shall not be increased. Citation: 15A NCAC 028.0221 Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity (including fishing, fish, and Primary Nursery Areas (PNAs)), wildlife, and secondary contact recreation]; and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 3. The effluent water from the dredge spoil shall not be released into open shellfish waters unless Shellfish Sanitation and the DWR Washington (252-946-6481) or Wilmington (910-796- 7215) Regional Office, as applicable, are notified and provide approval prior to the release. Citation: 15A NCAC 028.0221 Justification: In order to protect against impairment of water quality standards and best usage of receiving and downstream waters, water quality based management practices must be employed to protect against direct or indirect discharge of waste or other sources of water pollution. Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity, wildlife, secondary contact recreation, agriculture, and shellfishing for marketing purposes) and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 4. Canals or boat basins shall not be dredged beyond their original depth and width. The area shall not be dredged to a depth deeper than the receiving water. In this case the canals and access channel are authorized to a final depth of -6 feet Mean Low Water with -1 feet of over -depth allowance. Citation: 15A NCAC 02H .0506; 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. Noah Carolina DepatanenlofEnvironmenlal Quality I DivisionofWater Resotmes D��� 612 North SalisburyStreet 1 1617 Mail Service Center I Raleigh, North Canalina 27699-1617 a9;�mmin...�anm.yo� /`� 919.707.9000 DocuSign Envelope ID: 810037EE-96E6-499F-A294-BD6E30E631 E1 Town of Ocean Isle Beach DWR# 20081373v3 Individual Certification #WQ0005235 Page 6 of 12 5. All wetlands impacted by the placement of temporary construction equipment, materials and/or clearing activities shall be restored to the preconstruction contours and elevations. The impacted areas shall be revegetated with appropriate native species including woody species. Citation: 15A NCAC 02H .0506(b)(2) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 6. The permittee shall report to the DWR Wilmington Regional Office any noncompliance with, and/or any violation of, stream orwetland standards [15A NCAC 02B .0200], including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: Timely reporting of non-compliance is important in identifying and minimizing detrimental impacts to water quality and avoiding impacts due to water pollution that precludes any best use on a short-term or long-term basis. 7. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of the approved impacts (including temporary impacts). Citation: 15A NCAC 02H .0506; 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 8. When applicable, all construction activities shall be performed and maintained in full compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973). Regardless of applicability of the Sediment and Pollution Control Act, all projects shall incorporate appropriate Best Management Practices for the control of sediment and erosion so that no violations of state water quality standards, statutes, or rules occur. Design, installation, operation, and maintenance of all sediment and erosion control measures shall be equal to or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual, or for linear transportation projects, the North Caroline Department of Transportation Sediment and Erosion Control Manual. All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including contractor -owned or leased borrow pits associated with the project. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. North Carolina Depamnent of Environmental Quality I Division of Water Resources ®� ��� 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 Nw Tnr rm.®muim� 919.707.9000 DocuSign Envelope ID: 810037EE-96E6-499F-A294-BD6E30E631E1 Town of Ocean Isle Beach DWRN 20081373v3 Individual Certification AWC. 005235 Page 7 of 12 For borrow pit sites, the erosion and sediment control measures shall be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. Reclamation measures and implementation shall comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS- I, WS-II, High Quality Waters (HOW), or Outstanding Resource Waters (ORW), then the sedimentation and erosion control designs shall comply with the requirements set forth in 15A NCAC 04B .0124, Design Standards in Sensitive Watersheds. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCACO26.0200,-15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters,• for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 9. Sediment and erosion control measures shall not be installed in wetland or waters except within the footprint of temporary or permanent impacts otherwise authorized by this Certification. If placed within authorized impact areas, then placement of such measures shall not be conducted in a manner that results in dis-equilibrium of any wetlands, streambeds, or streambanks. Any silt fence installed within wetlands shall be removed from wetlands and the natural grade restored within two (2) months of the date that DEMLR or locally delegated program has released the specific area within the project to ensure wetland standards are maintained upon completion of the project. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028.0200; 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses, and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs North Carolina Department of Environmental Quality I Division of Water Resources ®���� 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 a�n�mnu....eenouM� 919.707.9000 DocuSign Envelope ID: 810037EE-96E6-499F-A294-BD6E30E631E1 Town of Ocean Isle Beach D W R# 20081373v3 Individual Certification #WQC005235 Page 8 of 12 designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 10. Erosion coritrol matting that incorporates plastic mesh and/or plastic twine shall not be used along streambanks or within wetlands. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H.0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses (including aquatic life propagation and biological integrity), and the water quality to protect such uses, are protected. Protections are necessary to ensure any remaining surface waters or wetlands, and any surface waters or wetlands downstream, continue to support existing uses during and after project completion. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 11. If the project is covered by NPDES Construction Stormwater Permit Number NCG010000 or NPDES Construction Stormwater Permit Number NCG250000, full compliance with permit conditions including the erosion & sedimentation control plan, inspections and maintenance, self -monitoring, record keeping and reporting requirements is required. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c),,15A NCAC 02B .0200,,15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 12. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal, State and Local regulations. Fertilizer application shall be accomplished in a manner that minimizes the risk of contact between the fertilizer and surface waters. Citation: 15A 02H .0506(b), 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231 Of North Carolina Department of Environmental Quality I Division of Water Resources ®� ��� 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 ur.m�mau:e..mwm,en\ /`� 919.707.9000 DocuSign Envelope ID: 810037EE-96E6-499F-A294-BD6E30E631E1 Town of Ocean Isle Beach D W R# 20081373v3 Individual Certification #WQC005235 Page 9 of 12 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 13. If concrete is used during construction, then all necessary measures shall be taken to prevent direct contact between uncured or curing concrete and waters of the state. Water that inadvertently contacts uncured concrete shall not be discharged to waters of the state. Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 14. All proposed and approved temporary fill and culverts shall be removed and the impacted area shall be returned to natural conditions within 60 calendar days after the temporary impact is no longer necessary. The impacted areas shall be restored to original grade, including each stream's original cross -sectional dimensions, planform pattern, and longitudinal bed profile. All temporarily impacted sites shall be restored and stabilized with native vegetation. Citation: 15A NCAC 02H.0506(b),,15A NCAC 02H .0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Protections are necessary to ensure any remaining surface waters or wetlands, and any surface waters or wetlands downstream, continue to support existing uses after project completion. 15. All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams or wetlands shall be installed as outlined in the most recent edition of the North Carolina Sediment and Erosion Control Planning and Design Manual or the North Carolina Surface Mining Manual or the North Carolina Department of Transportation Best Management Practices for Construction and Maintenance Activities so as not to restrict stream flow or cause dis-equilibrium during use of this Certification. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c) p®Ea North Carolina Department of Environmental Quality I Division of Water Resources 612 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 le,919.707,9000 DocuSign Envelope ID: 810037EE-96E6-499F-A294-BD6E30E631E1 Town of Ocean Isle Beach DWR# 20081373v3 Individual Certification #WQC005235 Page 10 of 12 Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for instate rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. Ensuring that structures are installed properly in waters will ensure that surface water quality standards are met and conditions of waters are suitable for all best uses. 16. Any rip -rap required for proper culvert placement, stream stabilization, or restoration of temporarily disturbed areas shall be restricted to the area directly impacted by the approved construction activity. All rip -rap shall be placed such that the original streambed elevation and streambank contours are restored and maintained and shall consist of clean rock or masonry material free of debris or toxic pollutants. Placement of rip -rap or other approved materials shall not result in de -stabilization of the stream bed or banks upstream or downstream of the area or be installed in a manner that precludes aquatic life passage. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and minimized impacts to waters, would couse.or contribute to a violation of standards, or would result in secondary or cumulative impacts. 17. Any rip -rap used for stream or shoreline stabilization shall be of a size and density to prevent movement by wave, current action, or stream flows, and shall consist of clean rock or masonry material free of debris or toxic pollutants. Rip -rap shall not be installed in the streambed except in specific areas required for velocity control and to ensure structural integrity of bank stabilization measures. Citation: 15A NCAC 021-1.0506(b); 15A NCAC 01H.0507(c), 15A NCAC 02B .0201 Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 18. All mechanized equipment operated near surface waters shall be inspected and maintained regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic materials. Construction shall be staged in order to minimize the exposure of equipment to surface waters to the maximum extent practicable. Fueling, lubrication, and general equipment maintenance shall be performed in a manner to prevent, to the maximum extent practicable, contamination of surface waters by fuels and oils. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render ���� North Carolina Department of Environmental Quality l Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 19, 919,707.9000 uwm.mwwn.+.,sam�r DocuSign Envelope ID: 810037EE-96E6-499F-A294-BD6E30E631E1 Town of Ocean Isle Beach DWRN 20081373v3 Individual Certification NWQC005235 Page 11 of 12 the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 19. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to minimize soil disturbance and compaction. Citation: 15A NCAC 02H .0505(b); 15A NCAC 02H .0507(c),,15A NCAC 028.0231 Justification: Wetland standards require maintenance or enhancement of existing uses of wetlands such that hydrologic conditions necessary to support natural biological and physical characteristics are protected; populations of wetland flora and fauna are maintained to protect biological integrity of the wetland; and materials orsubstances are not present in amounts that may cause adverse impact on existing wetland uses. 20. In accordance with 143-215.85(b), the permittee shall report any petroleum spill of 25 gallons or more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less than 25 gallons that cannot be cleaned up within 24 hours. Citation: 15ANCACO2H.0507(c),,N.C.G.S143-215.85(b) Justification: Person(s) owning or having control over oil or other substances upon notice of discharge must immediately notify the Department or any of its agents or employees, of the nature, location, and time of the discharge and of the measures which are being taken or are proposed to be taken to contain and remove the discharge. This action is required in order to contain or divert the substances to prevent entry into the surface waters. Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity; wildlife; secondary contact recreation, agriculture); and that activities must not cause water pollution,that precludes any best use on a short-term or long-term basis. 21. The permittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal Law. Citation: 15A NCAC 021-1.0506(b); 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 22. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this certification in the construction and maintenance of this project, and shall North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 DocuSign Envelope ID: 810037EE-96E6-499F-A294-BD6E30E631E1 Town of Ocean Isle Beach DWR# 20081373v3 Individual Certification #WQ0005235 Page 12 of 12 provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this Water Quality Certification. A copy of this Water Quality Certification shall be available at the project site during the construction and maintenance of this project. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: Those actually performing the work should be aware of the requirements of this 401 Water Quality Certification to minimize water quality impacts. This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. The conditions in effect on the date of issuance shall remain in effect for the life of the project, regardless of the expiration date of this Certification. [15A NCAC 02H .0507(c)] This, the 10th day of October 2022 ooeuslanea by: E°� -U4 UABAMAUDC,134... Morella Sanchez -King Regional Operations Supervisor MSK/hs Noah Carolina Department of Environmental Quality I Division of Water Resources Ge D E Q:> 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, Noah Carolina 27699-1617 919.707.9000 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director August 5, 2022 NORTH CAROLINA EnvironmentalQuallty FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.luck(a_)NCDEN R.gov SUBJECT: CAMAID&F Applicant: Town of Ocean Isle Beach Project Location: Canals between Lee St. & Concord St., feeder canals #18-20, Union St., and Moore St adj. to the AIWW in Ocean Isle Beach, Brunswick County Proposed Project: The applicant proposes to modify State Permit No. 42-20 to include maintenance dredging within the existing footprint on 13 finger canals, 3 concrete feeder canals, and 2 associated entrance canals to a final depth of -7.0' @ MLW. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by August 31, 2022. If you have any questions regarding the proposed project, contact Brendan Brock at (910) 796-7226 when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Kimberlee Harding AGENCY NCDMF SIGNATURE Kcitt�P�¢2 Yr 4��e —EQa o.ws+au�. e�oim�,on� DATE 09/01/22 North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 Received: 8/10/2022 Historic Preservation Office ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director August 5, 2022 MEMORANDUM NORTH CAROLINA Environmental Quatity ER 22-1972 FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.luck(aNCDEN R.00v SUBJECT: CAMAID&F uue: twits/zuzz Applicant: Town of Ocean Isle Beach Project Location: 100 S. Harbor Dr., adjacent to Topsail Sound in Surf City, Pander County Proposed Project: The applicant proposes to install a fixed pier and observation platform. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by August 31, 2022. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 when appropriate, in- depth comments with supporting data is requested. REPLY: PRINT AGENCY This agency has no objection to the project as proposed. "Additional comments may be attached*" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Renee Gledhill -Earley State Historic Preservation Office SIGNATURE _ i. DATE August 25. 2022 �Dg oum.nam.e®mmmum,� North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director August 5, 2022 MEMORANDUM NORTH CAROLINA Environmental Quality FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEO - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron IuckaNCDENR.gov SUBJECT: CAMA /D & F Applicant: Town of Ocean Isle Beach Project Location: 100 S. Harbor Dr., adjacent to Topsail Sound in Surf City, Pander County Proposed Project: The applicant proposes to install a fixed pier and observation platform. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by August 31, 2022. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 when appropriate, in- depth comments with supporting data is requested. REPLY: PRINT AGENCY SIGNATURE 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. Mark Brown Public Water Supply &,. DATE 8/8/22 North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 om.�m mnommmauuv� 910.796.7215 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director August 5, 2022 NORTH CAROLINA Environmental Quality FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.luck aC�NCDENR.aov SUBJECT: CAMA /D & F Applicant: Town of Ocean Isle Beach Project Location: Canals between Lee St. & Concord St., feeder canals #18-20, Union St., and Moore St. adj. to the AIWW in Ocean Isle Beach, Brunswick County Proposed Project: The applicant proposes to modify State Permit No. 42-20 to include maintenance dredging within the existing footprint on 13 finger canals, 3 concrete feeder canals, and 2 associated entrance canals to a final depth of -7.0' @ MLW. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by August 31, 2022. If you have any questions regarding the proposed project, contact Brendan Brock at (910) 796-7226 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" ****Memo Attached This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Shannon Jenkins AGENCY NC DMF - Shellfish Sanitation/Recreational Water Quality SIGNATURE for Shannon Jenkins DATE gm - �w��mm«waw� 08/09/2022 North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405 910.796.7215 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director August 9, 2022 MEMORANDUM NORTH CAROLINA Environmental Quality TO: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.luck(a NCDENR.gov From: Shannon Jenkins, Section Chief Shellfish Sanitation & Recreational Water Quality SUBJECT: CAMA Application Review Applicant: Town of Ocean Isle Beach Project Location: Canals between Lee St. & Concord St., feeder canals #18-20, Union st., and Moore St adj to the AIWW in Ocean Isle Beach, Brunswick County Proposed Project: The applicant proposes to modify state Permit No.42-20 to include maintenance dredging within the existing footprint on 13 finger canals, 3 concrete feeder canals, and 2 associated entrance canals to a final depth of -7.0'@ MLW. The dredge material being removed is from an area that is closed to shellfishing. The disposal site is bounded by areas both open and closed to shellfishing. Unintended discharges from the dewatering of spoils into open shellfishing waters will cause a temporary shellfish closure. It is requested that our section be notified prior to any dredging activity, so that we can determine at that time if a temporary shellfish closure is needed. North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Orfice 1 127 Cardinal Drive Extension I Wilmington. North Carolina 28,105 910.796.7215 ROY COOPER Governor ELIZABETH S. BISER Secretary 13RAXTON DAVIS Director August 5, 2022 MEMORANDUM NORTH CAROLINA Environmental Quality FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12.09) cameron luckONCDENR.aov SUBJECT: CAMA /D & F Applicant: Town of Ocean isle Beach Project Location: Canals between Lee St. & Concord St., feeder canals #18-20, Union St., and Moore St. adj. to the A1WW in Ocean Isle Beach, Brunswick County Proposed Project: The applicant proposes to modify State Permit No. 42-20 to include maintenance dredging within the existing footprint on 13 finger canals, 3 concrete feeder canals, and 2 associated entrance canals to a final depth of -7.0' @ MLW. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by August 31, 2022. If you have any questions regarding the proposed project, contact Brendan Brock at (910) 796-7226 when appropriate, in- depth comments with supporting data is requested. REPLY: x This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME AGENCY SIGNATURE tic tJ¢P�• rvl ^ ar k 0� %mrNc-�Gt DATE �2Z r2L North Carolina Department of Environmental Quality I Division of coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director August 5, 2022 MEMORANDUM.• NORTH CAROLINA Envtronntental Quality FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax. 252-247-3330 (Courier 11-12-09) cameron.luckoNCDENR.clov SUBJECT: CAMA /D & F Applicant: Town of Ocean Isle Beach Project Location: Canals between Lee St. & Concord St., feeder canals #18-20, Union St., and Moore St. adj. to the AIWW in Ocean Isle Beach, Brunswick County Proposed Project: The applicant proposes to modify State Permit No. 42-20 to include maintenance dredging within the existing footprint on 13 finger canals, 3 concrete feeder canals, and 2 associated entrance canals to a final depth of -7.0' @ MLW. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by August 31, 2022. If you have any questions regarding the proposed project, contact Brendan Brock at (910) 796-7226 when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. *'Additional comments may be attached** This agency has no comment on the proposed project. ✓ This agency approves of the project only if the recommended changes are incorporated. Se . j,e I6-r-q This agency objects to the project for reasons described in the attached comments. �'\tl �QYYNA� czv f1gist incL cti\ PRINT NAME \5 YV Jftl T/1a.rtc:T, �i tann �{ �rr„ti, i T1D `� L-?v �I Nt IcP be �d Upl,e[V. �, r .c#r6cAr1 AGENCY _�GtiI2(' rr dues iz _S�'T CR }rr tirul � IVA1Ca SIGNATURE h �: 1� DATE North Carolina Department of Environmental Quality I Division of Coastal Management _ Wilmington Office 1 127 Cardinal Drive Extension I Wilmington. North Carolina 28405 910.796.7215 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director August 5, 2022 MEMORANDUM: NORTH CAROLINA Environmental Quality FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.luck((D.NCDEN R.gov SUBJECT: CAMA ID & F Applicant: Town of Ocean Isle Beach Project Location: Canals between Lee St. & Concord St, feeder canals #18-20, Union St, and Moore St. ad). to the AIWW in Ocean Isle Beach, Brunswick County Proposed Project: The applicant proposes to modify State Permit No. 42-20 to include maintenance dredging within the existing footprint on 13 finger canals, 3 concrete feeder canals, and 2 associated entrance canals to a final depth of -7.0' @ MLW. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by August 31, 2022. If you have any questions regarding the proposed project, contact Brendan Brock at (910) 796-7226 when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Wanda Hilliard AGENCY State Property Office SIGNATURE Wa fa— .4l 't1JLt.Q.th-� DATE August 25, 2022 ®� � North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405 .910.796.7215 State Property Office Tim Walton I Director NC*DOA Department of Administration August 25, 2022 TO: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.luck@NCDENR.eov n FROM: Wanda Hilliard Real Property Agent Department of Administration SUBJECT: CAMA Roy CooperGovernor Pamela B. Cashwell Secretary Applicant: Town of Ocean Isle Beach Project Location: Canals between Lee St. & Concord St., feeder canals #18-20, Union St., and Moore St adj. to the AIWW in Ocean Isle Beach, Brunswick County Proposed Project: The applicant proposes to modify State Permit No. 42-20 to include maintenance dredging within the existing footprint on 13 finger canals, 3 concrete feeder canals, and 2 associated entrance canals to a final depth of -7.0' @ MLW. 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. Mailing 1321 Mail Service Center Raleigh, NC 27699-1321 0 ncadmin.nc.gov Location 116 West Jones St. I Raleigh, NC 27603 984.236.0270 T DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT MAJOR MODIFICATION 1. APPLICANT'S NAME: Town of Ocean Isle Beach AGENT: Ardurra Group North Carolina c/o Jeffery Troutman 2. LOCATION OF PROJECT SITE: Concrete canals between Lee Street & Concord Street (#1- 13) feeder canals #18-20, and entrance canals at the end of Union Street (48) and near the end of Moore Street (0), Ocean Isle Beach, Brunswick County Latitude: N 33°53'21.86" Longitude: W 78°26'06.55" 3. INVESTIGATION TYPE: CAMA / D& F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 7-13-22 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received - Complete 6-13-22 DWR 30 Day Pre -File Deadline — 7-17-22 Application Complete — 8-2-22 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Town of Ocean Isle Beach Land Classification From LUP — Residential (R-1) (B) AEC(s) Involved: Public Trust Area & Estuarine Waters (C) Water Dependent: Yes (D) Intended Use: Navigation (E) Wastewater Treatment: Existing - N/A Planned - N/A (F) Type of Structures: Existing - Man -Made Concrete Canals Planned - Maintenance Dredging (G) Estimated Annual Rate of Erosion: N/A Source - N/A HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B) Non -Vegetated Wetlands 55,558 CY Shallow bottom (C) High Ground 59,700 CY 55,558 CY (Spoil site pre- (Spoil disposal) excavation) (D) Total Area Disturbed: Disposal Site (DA0303): Approximately 523,563 sq. ft. Canals: Approximately 686,075 sq. ft. Total: Approximately 1,209,638 sq. ft. (Approximately 28 acres) (E) Primary Nursery Area: No (F) Water Classification: SA;HQW RECEIVED AUG 0 5 2022 DCM-MHD CITY Town of Ocean Isle Beach 8/3/2022 Page 2 8. PROJECT SUMMARY The applicant is proposing to modify State Permit No. 42-20 to include maintenance dredging within the existing footprint on 13 concrete finger canals, 3 concrete feeder canals, and 2 associated entrance canals to a final depth of -7.0' @ MLW adjacent to the AIWW in Ocean Isle Beach. 9. PROJECT DESCRIPTION The project site consists of 13 concrete finger canals, 3 concrete feeder canals, and 2 corresponding entrance canals, which connect to the Atlantic Intracoastal Waterway (AIWW). The proposed project is located just east of the Ocean Isle Beach Bridge, between Concord St. and Lee St., in Brunswick County. The high ground surrounding the concrete canal system is composed of single-family residential properties. The properties are vegetated primarily with ornamental plants and lawn grasses. The shoreline of the canal system is stabilized with sloped concrete bulkheads and sits approximately 4' above MHW. Elevations inside the 12-acre disposal site are approximately +5.0' MHW with the dike walls reaching approximately +15.0' MHW. No coastal wetlands exist within the concrete canal system apart from isolated pockets of Smooth Cordgrass (Spartina alternii fora) on the eastern and western banks adjacent to entrance canal #3 and #8. Transitional species at the disposal site (DA0303) include Wax Myrtle, Yaupon, Sea Oxeye, Goldenrod, and Grounsel-bush. The man-made canal system was originally constructed in the 1960's and previous maintenance dredging permits (State Permit No. 4-94, No. 59-96, No. 133-96, No. 38-01, No. 192-07, No. 158-08, and No. 42- 20) have been issued for all areas. According to the applicant, the last maintenance dredging of the concrete canals was performed in 2014/2015 under CAMA Major Permit No. 158-08 which had an extended expiration date of March 4, 2015. The waters of the man-made canals have been classified as SA by the N.C. Division of Water Quality, The area IS NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries and is CLOSED to the harvest of shellfish. However, the adjoining waters of the Atlantic Intracoastal Water IS designated as a Primary Nursery Area fPNAI by the N.C. Division of Marine Fisheries and is CLOSED to the harvest of shellfish except for the waters adjacent to the proposm-CEIVED discharge pipe location into the AIWW which are OPEN to the harvest of shellfish. PROPOSED PROJECT: AUG 0 5 ZOZZ The applicant is proposing to modify State Permit No. 42-20 to include maintenance dredging DOMAkID CITY existing footprint on 13 concrete finger canals, 3 concrete feeder canals, and 2 associated entrance canals to a final depth of -7.0' @ MLW adjacent to the AIWW in Ocean Isle Beach. The Town of Ocean Isle Beach is proposing to perform maintenance dredging within the 13 man-made concrete finger canals, 3 feeder canals, and 2 entrance canals to maintain safe navigation. According to the application package and site drawings, approximately 29,034 cu. yds. of material would be removed down to a depth of -6.0' NLW and an additional 26,523 cu. yds. of material could be removed to reach an over depth of -7.0' NLW for an anticipated maximum of approximately 55,558 cu. yds. of material. The applicant proposes 40' wide cuts, -6.0' MLW with a 1' over -depth allowance (-7.0' MLW final depth) within entrance canals #3 and #8 (See Sheet 2.7 of 12). Feeder canals #18-20 would also be 40' wide cuts, down to a final depth of -7.0' MLW (See Sheets 2.0-2.7 of 12). The dredge Town of Ocean Isle Beach 8/3/2022 Page 3 footprint within the 13 finger canals would narrow to 25' wide cuts and then further reduced to 20' wide cuts at the end of the "T" portion of the canals. Existing water depths within the finger and feeder canals range from approximately -2.5' to -4.5', relative to MLW. The two combined entrance canals would measure approximately 1,700 linear feet and the combined feeder canals and finger canals would measure approximately 25,743 linear feet. Existing water depths within the entrance canals are approximately -6.0', relative to MLW. The proposed dredging activities would remain within the same footprint as previously permitted (State Permit No. 158-08) but would increase the dredge depth to -7.0' MLW from the previously permitted -6.0' MLW to allow for a 1' over -depth allowance to match the -7.0' MLW depth previously authorized in the "natural" canals under State Permit No. 42-20. As proposed, the total combined length of the canals to be excavated is approximately 27,443 linear feet and would result in approximately 55,558 cubic yards of spoil material. The project would be accomplished by hydraulically pumping spoils to the existing diked spoil disposal area located at the end of Lee Street (DA0303). The Town has sent a consent agreement letter to the US Army Corps of Engineers for the use of disposal basin DA0303. The spoil island has been previously divided into thirds with an earthen dam separating the western 2/3`d portion that is proposed to be used in this project. This 2/3`d portion of the spoil island designated for use is approximately 12 acres in size. The inside of the dike walls would be grubbed of overgrowth and groomed at a 3:1 slope down to +5.0' MLW (See Sheet 3.0 of 12). The applicant would utilize the existing 150' discharge pipe on the northeastern comer of DA03030, installed in 2020 under State Permit No. 42-20. The terminal end of the discharge pipe terminates approximately 50' below NLW, into an area of the AIW W designated Primary Nursery Area and currently open to the harvest of shellfish. The applicant proposes to remove 59,700 cu. yds. of high -ground material via dump truck to a preapproved site owned by Wayne's Backhoe Services, Inc located at 5512 Ocean Highway W., Shallotte, Brunswick County. According to the applicant, pre -excavation of the disposal site will provide approximately 70,000 cu. yds. of capacity, which provides 135% capacity over the anticipated dredge material volume to be removed from the concrete canals, exceeding the USACE minimum capacity of 125%. 10. ANTICIPATED IMPACTS The proposed maintenance dredging would impact approximately 686,075 square feet of shallow bottom in the Ocean Isle Beach concrete canal system. Approximately 29,034 cu. yds. of material would be removed down to a depth of -6.0' NLW and an additional 26,523 cu. yds. of material could be removed to reach an over depth of -7.0' NLW for an anticipated maximum of approximately 55,558 cu. yds. of material. An additional 523,563 square feet of high ground within the disposal area would be disturbed as a result of this project. Sediment control devices would be necessary around the spoil disposal area until disturbed areas have been stabilized with vegetation sufficient for erosion control. The proposed dredging would result in temporary increased turbidity in the project area. Provided the work is done in the winter during a lower biological activity period, no other long term adverse impacts would be expected. The proposed dredging activities would not exceed a final depth of -7.0' MLW and would be located a minimum of 10' from any areas of Coastal Wetlands. As proposed, it appears that the dredging and disposal activities would not impact SAVs, PNAs, or open shellfishing waters. RECEIVED Submitted by: Brendan Brock Date: 8/3/2022 Office: Wilmington AUG 0 5 2022 DCM-MHD CITY �V ARDURRA 1011R OOATL INXOY*TE. MAII, June 20, 2022 Mr. Brock O Brendan via email: brendan.brock0ncdenr.aov Field Representative NC Division of Coastal Management, Department of Environmental Quality 127 Cardinal Drive Ext Wilmington, NC 28405 RE: Request for CAMA Major Modification Permit 2023-2023 "Concrete" Canal Maintenance Dredging Town of Ocean Isle Beach, NC Dear Mr. Brendan: The Town of Ocean Isle Beach hereby formally requests a Modification to current their current CAMA Major Permit 42-20 for the 2022-2023 "Concrete" Canal Maintenance Dredging project. This permit proposes a permitted dredge depth to -7.0 MLW in order to allow a 1-Foot permitted over -depth allowance with the -6.0 MLW project dredge depth within the previously dredged footprint. See attached narrative for additional project information. During your review, if you have any questions, please call me at 910-239-2516 or 910.397- 2929. pectfully submitted, 4Gp rt linoan,r/Structural Project Manager Firm License,#F-0113 JRTIIrt/2022-0123-00 Revt cc: Mr. Daisy Ivey, Town Administrator, Town of Ocean Isle Beach AUG 0 5 2022 DCM-MHD CITY Ardurra Group North Carolina 3809 Peachtree Avenue, Suite 102 1 Wilmington, NC 28403 1 910.397.2929 1 www.ordurro.com WAYNE'S BACKHOE SERVICE, INC. 20'1'homasboro Road Calabash, NC 28467 WAYNE SMITH Owner Letter of Consent August 1, 2022 Tel: (910) 579-7103 Fax: (910-287-4580 Mr. Brendan Brock via email NC Division of Coastal Management Department of Environmental Quality 127 Cardinal Drive Ext Wilmington, NC 28405 RE: Letter of Consent to Dump Material On Permitted Upland Disposal Site 5512Ocean Hwy West Brunswick County, NC Dear Mr. Brock: As the Owner, Mr. Wayne J. Smith, President of Wayne's Backhoe Service, Inc. of the proposed dump site, located at 5512 Ocean Hwy West, Brunswick County, NC, I hereby give my permission to the Town of Ocean isle Beach to offload approximately 59,700 CY of dredge material from the existing disposal area, of which my contracting company, Wayne's Backhoe Service, Inc., is currently excavating from USACE DA303, located at the end of Lee Street, Ocean Isle Beach, NC. All spoil material will be placed in an upland disposal area dump site, currently permitted as NC DEQ E&SC Project ID BRUNS-2021-012, which is void of any wetlands within the proposal disposal area and is at least 30' from normal high water. Respectfully submitted, Wayne's Backhoe Service, Inc. Wayne J. SNfh Owner/President waynesbackhoe@atmc.net 4IL AUG 0 5 2022 CITY March 21, 2022 ocea n i s le B E A C H Ol Investment Properties, LLC 2618 New Village Way Wilmington, NC 28405 RE: Letter of Consent from Underlying Property Owner Town of Ocean Isle Beach - 2022-2023 Maintenance Dredging of"Concrete" Canals Parcel ID# 244PD001 USACE Disposal Area AIW U 0303 To Whom It May Concern: This letter of consent is to request permission to use the dredge disposal area USACE AIW U 0303 for our 2022-2023 Maintenance Dredging Project of the "Concrete" Canals, located north of Lee Street. As part of our Consent Agreement with the US Army Corps of Engineers who possesses easement rights for the upland area, we are required to obtain permission from the property owner(s) of the underlying area. As an underlying property owner for the US Army Corps of Engineer's Disposal basin, we hereby request your consent to utilize these disposal areas for our project. Due to US Army Corps of Engineer's moratorium on additional disposal at this site, we are first proposing the removal of existing material from this disposal area as previously placed with the recent Maintenance Dredging Project of the "Natural" Canals. With approximately 125% of the dredged material to be removed, the material will then be disposed of at this location in preparation of disposal of dredged material from the upcoming "Concrete" Canal project. Please indicate your acceptance below and return in the envelope provided. We thank you for your time and permission regarding this project. Sincerely, TOWN OF OCEAN ISLE BEACH A'.ia �OZt RECEIVE F) Daisy L. cy 'town Administrator As underlying property owner, l prani permission to the Town of Ocean Isle Beach to use the disposal area in strictWoucith 'ACE and CAMA permits. Acceptance bye _ _ Date: W - U(-p - 0'10 ola. TOWN OF OCEAN ISLE BEACH / 3 W. THIRD STREET / OCEAN ISLE BEACH. NC 26469 (910) S79-2166 / FAX (910) 579-6904 / WWW.OIBGOV.COM ">Vi A' yC yt ROY COOPER 3 �1 Gavenwr r.n i i ' I MICHAEL S. PECAN SecrefarY �aw.+n° BRIAN WRENN NORTH CAROLINA Dorew 6mhanmenta1Qua7fty August 25, 2020 LETTER OF APPROVAL WITH MODIFICATIONS AND PERFORMANCE RESERVATIONS 'I)" -,go Wayne's Backhoe Service, Inc. ATTN: Wayne Smith, President 20 Thomasborel Road SW Calabash, NC 28467 RE: Project Name: Ocean Isle Beach Spoil Area - EXPRESS Acres Approved: 6.0 Project ID: BRUNS-2021-012 County: Brunswick City: Shallotte Address: US 17 River Basin: Lumber Stream Classification: HQW Submitted By: John Phillip Norris, PE, Norris & Tunstall Consulting Engineers, P.C. Date Received by LQS: August 20; 2020 and August 24, 2020 Plan Type: Other Dear Mr. Smith: AU,,,; c j 2022 This office has reviewed the subject erosion and sedimentation control plan and hereby issues this Letter of Approval with Modifications and Performance Reservations. A list of the modifications and reservations is attached. This plan approval shall expire three (3) years following the date of approval, if no land - disturbing activity has been undertaken, as is required by Title 15A NCAC 4B .0129. Should the plan not perform adequately, a revised plan will be required (G.S. 113A-54.1 xb). As of April 1, 2019, all new construction activities are required to complete and submit an electronic Notice of Intent (eNOI) form requesting a Certificate of Coverage (COC) under the NCGO10000 Construction General Permit. After the form is reviewed and found to be complete, you will receive a link with payment instructions for the $100 annual permit fee. After the fee is received, you will receive the COC via email. You MUST obtain the COC prior to commencement of any land disturbing activity. The eNOI form may be accessed at deq.nc.gov/NCGOI. Please direct questions about the eNOI form to Annette Lucas at Annette.lucaslalncdem., ov or Paul Claris at Paul.clark e, ncdenr.>_ov. If the owner/operator of this project changes in the future, the new responsible party is required to apply for his/her own COC. JU1. 2 6 Jul pp,� neral1a( WNGIGN' NO ��1 Hach CatoUna Department of EnWonmental Quality l Otvisbn d Egy4��q nd land aesou,ces Q VaUNnatan Regimal Oface 11210vdinal Drive EY[Cnslan l WUmA9te4North Carorina25405 �\ 910.7%72t5 'Y Letter of Approval with Modifications and Performance Reservations Wayne's Backhoe Service, Inc. August 2S, 2020 Page 2 of 4 Title I SA NCAC 4B .0118(s) and the NCGOl permit require that the following documentation be kept on rile at the job site: 1. The approved E&SC plan as well as any approved deviation. 2. The NCGOI permit and the COC, once it is received. 3. Records of inspections made during the previous 12 months. Also, this letter gives the notice required by G.S. 113A-61.1(a) of our right of periodic inspection to insure compliance with the approved plan. North Carolina's Sedimentation Pollution Control Program is performance -oriented, requiring protection of existing natural resources and adjoining properties. If, following the commencement of this project, it is determined that the erosion and sedimentation control plan Is inadequate to meet the requirements of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statute 113A-51 through 66), this office may require revisions to the plan and implementation of the revisions to ensure compliance with the Act. Acceptance and approval of this plan is conditioned upon your compliance with Federal and State water quality laws, regulations, and rules. in addition, local city or county ordinances or rules may also apply to this land -disturbing activity. This approval does not supersede any other permit or approval. Please note that this approval is based in par on the accuracy of the information provided in the Financial Responsibility Form, which you provided. This permit allows for a land -disturbance, as called for on the application plan, not to exceed the approved acres. Exceeding the acreage will be a violation of this permit and would require a revised plan and additional application fee. You are requested to file an amended form if there is any change in the information included on the form. In addition, it would be helpful if you notify this office ofthe proposed starting date for this project. Please notify us if you plan to have a preconsruction conference. Your cooperation is appreciated. Sincerely, ,e&4wa. rS/m Rhonda Hall Assistant Regional Engineer Land Quality Section Enclosures: Modifications Required for Approval NPDES NCGOI Fact Sheet cc: John Phillip Norris, PE, Norris & Tunstall Consulting Engineers, P.C. 1429 Ash -Little River Road, Ash, NC 28420 Wilmington Regional Office file C",'-D AUG 0 5 2022 DC:.:-.::Y CITY au� $ s Zon k�G�wILMINGTON, N(: Letter of Approval with Modifications and Performance Reservations Wayne's Backhoe Service, Inc. August 25, 2020 Page 3 of 4 MODIFICATIONS AND PERFORMANCE RESERVATIONS Project Name: Ocean Isle Beach Spoil Area Project ID: BRUNS-2021-012 County: Brunswick 1. This plan approval shall expire three (3) years following the date of approval, if no land -disturbing activity has been undertaken, as is required by Title I SA NCAC 413 .0129. 2. The developer is responsible for the control of sediment on -site. If the approved erosion and sedimentation control measures prove insufficient, the developer must take those additional steps necessary to stop sediment from leaving this site (NCGS 113A-57(3)). Each sediment storage device must be inspected after each stone event (NCGS I13A-54.1(e)). Maintenance and/or clean out is necessary anytime the device is at 50% capacity. All sediment storage measures will remain on site and functional until all grading and final landscaping of the project is complete (15A NCAC 04B .0113). 3. Any and all existing ditches on this project site are assumed to be left undisturbed by the proposed development unless otherwise noted. The removal of vegetation within any existing ditch or channel is prohibited unless the ditch or channel is to be regarded with side slopes of 2 horizontal to 1 vertical or less steep (15A NCAC 04B .0124 (d)). Bank slopes may be mowed, but stripping of vegetation is considered new earth work and is subject to the same erosion control requirements as new ditches (NCGS 113A-52(6)). 4. The developer is responsible for obtaining any and all permits and approvals necessary for the development of this project prior to the commencement of this land disturbing activity. This could include our agency's Stormwater regulations and the Division of Water Resources' enforcement requirements within Section 401 of the Clean Water Act, the U.S. Army Corps of Engineers' jurisdiction of Section 404 of the Clean Water Act, the Division of Coastal Management's CAMA requirements, the Division of Solid Waste Management's landfill regulations, die Environmental Protection Agency and/or The U.S. Army Corps of Engineers jurisdiction of the Clean Water Act local County or Municipalities' ordinances, or others that may be required. This approval cannot supersede any other permit or approval; however, in the case of a Cease and Desist Order from the Corps of Engineers, that Order would only apply to wetland areas. All highland would still have to be in compliance with the N.C. Sedimentation Pollution Control Act. 5. If any area on site falls within the jurisdiction of Section 401 or 404 of the Clean Water Act, the developer is responsible for compliance with the requirements of the Division of Water Resources (DWR), the Corps of Engineers and the Environmental Protection Agency (EPA) respectively. Any erosion control measures that fall within jurisdictional wettand areas must be approved by the" aforementioned agencies prior to installation. The Land Quality Section must be notified of relocation of the measures in question to the transition point between the wetlands and the uplands to assure that the migration of sediment will not occur. If that relocation presents a problem or contradicts any requirements of either DWR, the Corps, or the EPA, it is the responsibility of the developer to inform the Land Quality Section regional office so that an adequate contingency plan can be made to assure sufficient erosion control remains on site. Failure to do so will be considered a violation of this approval (NCGS 113A-54.1(b)). 'VL 6 V, 1jr \NOMGTQN, NG Letter of Approval with Modifications and Performance Reservations Wayne's Backhoe Service, Inc. August 25, 2020 Page 4 of 4 6. Any burrow material brought onto this site must be from a legally operated mine or other approved source. Any soil waste that leaves this site can be transported to a permitted mine or separately permitted construction sites without additional permits under NCGS 74-49(7)(d). Disposal at any other location would have to be included as a permit revision for this approval. 7. This permit allows for a land disturbance, as called for on the application plan, not to exceed 6.0 acres. Exceeding that acreage will be a violation of this permit and would require a revised plan and additional application fee. Any addition in impervious surface, over that already noted on the approved plan, would also require a revised plan to verify the appropriateness of the erosion control measures and stormwater retention measures (NCGS 113A-54.1(b)). 8. The construction detail for the proposed silt fence requires reinforcing wire and steel posts a maximum of eight (8) feet apart. Omission of the reinforcing wire is a construction change that necessitates more posts for support, i.e., the spacing distance needs to be reduced to no greater than six (6) feet apart (E&SC Planning & Design Manual 6.63, Rev. 6/06). 9. Sediment storage basins have not been provided on this site. It is proposed that silt fencing be used for sediment retention. If this proves to be inadequate, the developer must take those additional steps necessary to stop sediment from leaving this site and a revised Soil and Erosion Control Plan will be required to be submitted(NCGS I13A-57(3)). 10. A graveled construction entrance must be located at each pointof access and egress available to construction vehicles during the grading and construction phases of this project. Access and egress from the project site at a point without a graveled entrance will be considered a violation of this approval. Routine maintenance of the entrances is critical (113A-54.I (b)). 11. As a condition of the NPDES General Stormwater Permit (NCGOI0000), the financially responsible parry shall comply with the NCGOI Ground Stabilization And Materials Handling requirements that became effective April 1, 2019. The NCGOI Ground Stabilization And Materials Handling standard detail can be printed from the deq.nc.gov/NCG0I website. 12. As a condition of the NPDES General Stormwater Permit (NCG010000), the financially responsible party shall comply with the NCGOI Self -Inspection, Recordkeeping and Reporting requirements that became effective April 1, 2019. The NCGOI Selkirispection, Recordkeeping and Reporting standard detail can be printed from the deq.nc.gov/NCGOI website. 13. As a part of routine monitoring of the approved land -disturbing activity, the financially responsible party shall assure inspections of the area covered by the approved plan after each phase of the plan has been completed and after establishment of temporary ground cover in accordance with North Carolina General Statute 113A-54.1(e). Ref: G.S. I I3A-54.1 through G.S. 113A-57 Sections 15A NCAC 04A.0101 through 15A NCAC 04E.0504 General Permit NCG 010000 NPDES for Construction Activities QF CFINFD JUL 2 6 2022 QCM WILMINGTON, N(; aUG C 5 2022 CITY JUl � 6 2022 GM wiLMING VOW NG TOWN OF OCEAN ISLE BEACH OCEAN ISLE BEACH, NORTH CAROLINA aaoa 9 o snd ocean 9 E A C a 2022/2023 Maintenance Dredging of Concrete & Commercial Canals wfl a N} �SITE CITY VICIMTV MAP v ATIgNTICINTRAC,ASTAL WATERWAY DISPOSAL AREA a pASL (NOT AVAILABLE) ? pISPOSALAREA 1100011MAT-LANTIC OCEAN w s ,y�"-(E�l JI 1 1 � , ate: 15 ._;� , ATLANTIC OCEAN DCM-MHD CITY DCM-NIHL. I. DCM-A^ 1 PA TUL ENLARGED PLAN - CANALS N'I & k8 �-I q IED LEGEND �*��x I ISSUED FOFIT irorerxEu PERMI NOTFOR L.L`fT1EET�apcpFAlY CONSTRUCTIO ECEIVEL? . sz.s a, n z On, U, L 0CM-MHO CIT% AUK 0 5 P �T ARDLRRA 3 I E 4 CANAL 11 _ .. I _ , 4 A r °-'" CANAL I2 Y n _ t a,.A�YB .. xRffi s75ln4YE+.L� %L of _ \PARTIAL ENLARGED PLAN - CANALS kl l & H12 \p u m s uo- u p ;o t o LEGEHO M1plf plEp]FLW18 ISSUED FOR L��emv,xoreo 'iNOTFOR xun " 9�j PERMIT CONSTRUCTION Q � O „i 0 \PARTIALENLARGED PLAN -CANAL #13 t r'.q LEGEND J pro l�L\ fLwTNooxA 1�J L��-a nN[n�snarFnn I� a.¢n NOMACf C.wN MFMf IRMY Av eanisle ISSUED FOR PERMIT NOT FOR Recell, 1 2.e cUl? pCM-flffF/p clTy . 6efie �f a Sa �� 4 t n s � yy ENTRANCE CANAL 2 I m aJ�a II°W m z m lx ENTRANCE CANALS g y z a 8 c r e o m WTI e f�` d (l M2MW3MAINTENANCE DflEDGING- p ZQ (n COIICNETE CANALS O F TOWN OfOCEANISLE BEACH, CDISMBEACN, HCENTRANCE CANALS 3AB v 244PD001 244PDO56 +sa NAVD9S DISPOSAL - TOP OF EXISTING DIKE: AREA a15.0' NAVD88 (MIN.) TYP. DA303 244P0001 I I ACCESJROAD m s'I /� ARDURRA ;eanisle N ..4.. .. nLIWSTREET,ii €g PLANDKI-W.IDISPOSALAKIIi0&fFOSION(04INUL ANDSIDINII SIAIIONCOAIROIPLAN ..� r� �IW o oar..am.w.�aovaw.. �u�� �rxaEsia rcxw ISSUED FOR PERMIT NOT FOP m�va NSTRULTIO R S3.01, DCM'-P1;,IL!- PROJECT NARRATIVE DClvi-wiHD GIN BACKGROUND The small boat access "Concrete" canals off of the AIWW (canals #1 to #13, #18, #19 & #20), the entrance canals to the "Concrete" canals from the AIWW (canals #3 & #8), located to the east of the causeway in Ocean Isle Beach, were created in the 1960's, to provide water access to residential property homeowners. These shallow -draft canals provide boating access for the adjacent property owners, allowing easy access to the adjacent AIWW and the Atlantic Ocean for purposes such as fishing, recreation and navigation. These "Concrete" canals have shoaled since their initial maintenance dredging as well as since the last maintenance dredging of these canals was performed in 2014/2015 under CAMA Major Permit #158-08, which had an extended expiration date of March 4, 2015. Over the last 7 years since the previous dredge cycle, moderate shoaling has occurred due to the low tidal flow within the canals along with some surface runoff, resulting in inadequate draft depths in areas along these canals. This project proposes to accomplish maintenance dredging in these canals In the same footprint of the previously permitted dredging events but with an additional 1-foot for over -depth dredging allowance below the project depth, which only the most previous project had. PROJECT DESCRIPTION All material excavated will be pumped to US Army Corps of Engineers Disposal Area No. DA303, located at the end of Lee Street, Ocean Isle Beach, NC, located approximately Vh mile east of the Odell Williamson Bridge along the AIWW, at the end of Lee Street. (Latitude: 33053' 54.23"N; Longitude: 78"24' 58.76" W). Pipeline corridors will be established to ensure that no marsh areas or sensitive vegetation are disturbed. The locations of floating and submerged pipeline will be clearly marked and navigation notices will be sent out to ensure boaters in the area are aware of any potential hazard to navigation. This maintenance dredging project proposes to use a hydraulic pipeline dredge to remove approximately 29,034 CY of dredge material to the -6 MLW project depth and up to 26,523 CY of dredge material in permitted overdepth (-7 MLW) for an anticipated maximum of approximately 55,558 CY of dredge material to the permitted depth. The project consists of approximately 27,443 linear feet of the canals within the project's dredge template as shown on the maps contained in this review package with a general width of 25', typical, except for smaller widths in some canals, tees and entrances. A modification to the current CAMA Major Permit 42-20 is requested. A US Army Corps of Engineers Consent Agreement is currently being requested for pre -excavating of Disposal Area No. 0303 (DA303) to remove 59,700 CY of existing material, which will provide a capacity of 70,000 CY, which provides 135% more capacity over the anticipated dredge material volume to be removed down to the permitted dredge depth, which exceeds the USACE minimum of 125%. A USACE Consent Agreement and the other environmental permits are anticipated to be issu fpr the normal maintenance dredging of the "Concrete' canals as with past projects. ?sYC_ -AZO, -Ni v4c Ardurro Group North Carolina 3809 Peachtree Avenue, Suite 102 1 Wilmington, NC 28403 1 910.397.2929 1 www.ardb�o.com Mr. Brock O Brendan June 20,2022 Page 2 ENVIRONMENTAL IMPACTS Since the maintenance dredging will be performed during minimal activities of biological life, it is believed that environmental impacts resulting from the dredging activities proposed in this project, in general, will be relatively minimal. All of the canal bottoms consist of sand, sediment and detritus and have had maintenance dredging performed in 2014-2015 as well as several earlier dates. With this maintenance project being directly correlated to previously approved CAMA Major Permits and permit requirements, as well as performed within the dredge footprint limitations of previously approved contract documents, this project is in compliance with the North Carolina Environmental Policy Act. A 401 Pre -File request has been submitted with and received by the Division of Water Resources on June 17, 2022. On behalf of the Town, Ardurra certifies that all information contained herein is true, accurate, and complete to the best of our knowledge and belief. On behalf of the Town, Ardurra hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. PROPOSEDIMPROVEMENTS In order to allow for over -depth dredging of the canals in order to obtain the required -6.0 MLW project depth of the "Concrete" canals by a dredging contractor, a Major Modification is being requested to the current CAMA Major Permit 42-20 (current expiration December 31, 2023), which would also proposed to increase the permitted dredge depth to -7.0 MLW from the currently permitted depth of -6.0 MLW in order to allow a 1-foot permitted over -depth allowance as with the "natural" canal maintenance dredging. The proposed modification of the over -depth dredge elevation will not be lower than the existing dredge depths of the connecting waters of the AIWW. The project currently has the following permits: NC DEQ Erosion and Sedimentation Control Permit ID: BRUNS-2020-073 (exp. May 6, 2023) PROJECT SCHEDULING The expediency of the permit approvals for this project Is very critical in order to start the project during the 2020.2021 permitted dredging window. The proposed project schedule is stated below. November 1, 2022 March 31, 2023 END OF NARRATIVE Begin Maintenance Dredging Complete Maintenance Dredging RECEIVED AUG 0 5 2022 DCM-MHD CITY DO 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 Town Of Ocean Isle Beach Project Name (if applicable) 2022-2023 "Concrete" Canal Maintenance Dredging Applicant 1: First Name Daisy MI L Last Name Ivey Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address 111 Causeway Drive PO Box City Ocean Isle Beach State NC ZIP 28469 Country USA Phone No. (910) - 579 - 7070 ext. FAX No. (910) - 579 - 8804 Street Address (if different From above) City State ZIP Email daisy@oibgov.com 2. Agent/Contractor information Business Name Ardurra Group North Carolina Agent/ Contractor 1: First Name MI Last Name Jeffrey R Troutman Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State 3809 Peachtree Avenue, Suite 102 3727 Wilmington NC ZIP Phone No. 1 Phone No. 2 28403 (910) - 397 - 2929 ext. 107 (910) - 239 - 2516 ext. FAX No. Contractor # (910) 397 2971 Street Address (if different from above) Cily Slate ZIP Email jtroutman@ardurra.com r 1 <Form continues on back> Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Brunswick Between Causeway Drive SW and Lee Street Subdivision Name city State Zip Town of Ocean Isle Beach NC 28469 - Phone No. Lot No.(s) (if many, attach additional page with list) (910) - 579 - 7070 ext. "Concrete" Canals, and, Entrance Canals, , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Lumber AI W W 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 Atlantic Ocean e. Is proposed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ONO work falls within. Town of Ocean Isle Beach 4. Site Description a. Total length of shoreline on the tract (R.) b. Size of entire tract (sq.R.) approx. 23,990 LF of main canals 180 acres +/- c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or 50' width lots, NWL (normal water level) (#many lot sizes, please attach additional page with a list) (See plans for disposal basin elev. ®NHW or ❑ NWL e. Vegetation on tract Beach grass and bulkhead walls along canals. Beach grass, small shrubs and scrub trees in disposal area. I. Man-made features and uses now on tract Existing disposal basin and dikes, existing "concrete" and entrance canals. RECEIVED g. Identify and descdbe the existing land uses adiacenl to the proposed project she. Conservation, developed. DCM-MHD CIT h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? R-1 (Attach zoning compliance certificate, if applicable) ®Yes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ONO c Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA If yes, by whom? 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> JUN 1. 4 2022 - "CIC'17T'WII_M1NG70ty, NC: Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit in. (I) Are there wetlands on the site? ❑Yes RNo (II) Are there coastal wetlands on the site? ®Yes ONO (lit) If yes to either (i) or (ii) above, has a delineation been conducted? []Yes RNo (Attach documentation, if available) n. Describe existing wastewater treatment facilities. N/A o. Describe existing drinking water supply source. County water system. p. Describe existing slow water management or treatment systems. None 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑PubliclGovemment RPrivate/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Purpose of the project is to provide sufficient water depths for small vessel passage into community canals by year-round as well as seasonal residences. 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. Maintenance dredging will utilize a hydraulic dredge to remove dredge material from the canals and place material in an existing disposal basin as shown on the attached maps in accordace with all conditions issued as part of the permit. d. List all development activities you propose. Maintenance dredging of canals to a project depth of of -6.0' MLW and permitted overdredge depth of -7.9 MLW with 26' widths, typical, except for smaller widths as shown on the attached drawings in some canals and entrances. e. Are the proposed activities maintenance of an existing project, new work, or both? Maintenance of an existing previously maintained project. f. What is the approximate total disturbed land area resulting from the proposed project? 180 +/- ❑Sq.Ft or RAcres g. Will the proposed project encroach on any public easement, public accessway or other area Ryes []No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. Existing discharge is surface runoff. Temporary discharge during dredging event is from disposal area basin's effluent discharge. RECEI I. Will wastewater or stormwater be discharged into a wetland? Dyes RNo ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ❑NA AUG 05 j. Is there any mitigation proposed? []Yes RNo ❑NA If yes, attach a mitigation proposal. DCM-M H <Form continues on back> RI--CEIVEI.) JUN 14 1021- ED CITY bcm WILMING I -ON. NC. Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following Items below, if applicable, must be submitted in order for the application package 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 "Note: A letter and map will be mailed to all riparian property owners by the Town Phone No. of Ocean Isle Beach." Address Name Phone No. Address Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. #3"1. April 6, 2001, Town of Ocean Isle Beach #133.96, October 2, 1996, Town of Ocean Isle Beach #59-96, April 1996, Town of Ocean Isle Beach #4-94 & #ss-94, Town of Ocean Isle Beach #158-08 October 27, 2008, Town of Ocean Isle Beach h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1.10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 1 7. Certification and Permission to Enter on Land I 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 1 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 05.16.2022 Print Name Jeffrey R Troutman, PE - Ardurra Group North Carolina RECEIVED Signature AUG 0 5 2022 Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts DCM—MHD CITY ❑DCM MP-3 Upland Development RECEIVED ❑DCM MP-4 Structures Information JUI`d 14 1-Q22 I 1.0A6T .. , a0 as tilt" an a get"ent. net Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental Information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL _ stabilization Length 1,700 LF 25,743 LF Width 25' 26 to 20' Avg. Existing -6.1+/-MLW -4.5+/-MLW NA NA Depth Final Project _7.0 MLW -7.0 MLW NA NA Depth 1. EXCAVATION ❑This section not applicable a. Amount of material to be excavated from below NHW or NWL In b. Type of material to be excavated. cubic yards. 55,558 CY Sand, sediment, detritus c. (I) Does the area to be excavated include coastal wetlands/marsh d. High -ground excavation in cubic yards. (CW), submerged aquatic vegetation (SAV), shell bottom (SB), 59,700 CY (disposal area DA303) or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ®None (III Describe the purpose of the excavation in these areas: 12. DISPOSAL OF EXCAVATED MATERIAL ®This section not applicable a. Location of disposal area. See attached map on drawings. c. (I) Do you claim title to disposal area? Elves ®No ❑NA (it) If no, attach a letter granting permission from the owner. 9. (1) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SBI, or other wetands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ®None (it) Describe the purpose of disposal in these areas: Dimensions of disposal area. 523,563 SF area used (12 Acres) d. (I) Will a disposal area be available for future maintenance? ®Yes ENO ❑NA (it) If yes, where? USACE disposal basin AiW_U_0303 approved case -by -case basis. I. (i) Does the disposal include any area in the water? ❑Yes ®No ❑NA (it) If yes, how much water area is affected? RECEIVED AUG 0 5 2022 JUN Y 4 102' LItfINCa'fC N �':C -,. ;A;r ,Nti: t.t':F•I •.yf.r�r.e s:•t. e i-o,.:sh:h,,: ¢Ctr,k'it.gnf t �ct•i ,r .'i:N2floCS ("oral Iit;hl 1011•;4 (Lix:cavation and till, f"at;e 2 ra :q 3. SHORELINE STABILIZATION ®This section not applicable (If development is a wood groln, use MP-4 — Structures) a. Type of shoreline stabilization: b. Lenoth: ❑Bulkhead ❑Riprap ❑8reakwater/8111 ❑Other: _ Width: c. Average distance waterward of NHW or NWL: d. Maximum distance walerward of NHW or NWL: e. Type of stabilization material: g. Number of square feet of fill to be placed below water level. Bulkhead backfill _ Riprap Breakwater/Sill Other I. Source of fill material. f. (1) Has there been shoreline erosion during preceding 12 months? Dyes ❑No ❑NA (ii) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material, RECEIVED AUG 05 2022 DC6%;-IJ?HD CITY 4. OTHER FILL ACTIVITIES ❑This section not applicable (Excluding Shoreline Stabilization) a. (I) WIII fill material be brought to the site? ❑Yes ®No ❑NA b. (1) WIII fill material be placed In coastal wettands/marsh (CW), If yes, (il Amount of material to be placed in the water (III) Dimensions of fill area (iv) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? Existing spillway (effluent discharge) device, Installed in 2020 for maintenance of "natural" canals, will be utilizied with flash boards & silt fences. See plans. c. (0 Will navigational aids be required as a result of the project? []Yes ONO ❑NA (ii) I1 yes, explain what type and how they will be implemented. 05.16.2022 Date 2022-2023 "Concrete" Canals Maintenance Dredging Project Name suomergeo aquatic vegetation (SAV), snell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV _ ❑SB OWL ®None (il) Describe the purpose of the fill in these areas: b. What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? hydraulic pipeline dredge, backhoe/dozer in disposal area, etc. d. (i) WIII 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. Ardurra Group North Carolina RECEIVED Jeffrey R Troutman, PE Applicant Name JUN 14 822 DC M WII-MIi\IG'TCld, NC %:> n(ILJ" I:-. •. 'i �!'?In rU'CGPSf � •wu:. r:crt' -1 ::Ib:;•n: < �wanL�, ref. f,yisl i f'l r:^•'I rt. RECEIVED AUG 0 5 2022 DCM-MHD CITY ACQW141 JUN 14 2022 DUA WILMINGTON, NC revised: 124WO6 Jeffrey Troutman From: Jeffrey Troutman Sent: Friday, June 17, 2022 12:02 PM To: 401PreFile@ncdenr.gov Subject: Town of Ocean Isle Beach - 2022-2023 "Concrete" Canal Maintenance Dredging - Pre -Filing Meeting Request I would like to submit for a Pre -Filing Meeting Request for of Ocean Isle Beach's 2022-2023 "Concrete" Canal Maintenance Dredging project. Thanks, Jeff ARDURRA COLUBOPAfE !rvgOVAI[. CX(n(t Jeffrey R Troutman, PE', M. ASCE `(NC, VA, SC, GA, FL) Ardurra Group North Carolina Technical Director Sr. Project Manager/Structural Engineer i routman0ardurra.com O: 910.397.2929 M: 910.297.4049 D: 910.239.2516 3809 Peachtree Avenue, Suite 102 Wilmington, NC 28403 www.ardurra,com c4F5@FNilAllttvoiE."M mfmmsrrt �. +Mn WO tnbamra!i In Mta!rvkJ60ch Mthe vHv ort66 Wtxceor clY io M!hVrXSoeurc5w<e0e m9y Wntam.,mf Ponial mo krtiMp}d malkNaArc pia era rvH!¢ 11LP:''.tik4 rM.CN!YMtt!rxpkxna;n W!I rlx le,l"m GIn fM6NwEfin((IIVP,nNIW fnC in'MI'.dIJ I.IXC<rLiW ektlti ntitikrllN!Xrry une.rCv!eo(Ctrr©rniyY9n,di5.rHnir,tl:M.lslr:bu(KK4 !'CDrWac'Wn.!`apylnrc"uny .Vt4M NxWrOf`Wifi OTdilcr in)O(n5 aha.hM6M1S'F..Tral: itgrb!r4rxtiXaP i35in�. r•WONdiICU,XrW nptiGU IMGEk d'r Jr, Clcu.pm, uMN at(�'(OrnP!%'fin50navq(rtr!!yry(s.,rNrl }ntl MrmnRNHI: YIi+i.INn cerlynai c vnp mV al mhcNmm!shan! 5oure.cmrn.ero xoMprtu fyftan, am riXwx equeaked in mix maucrye xk X+xw of m»Vtl ugmtl unrnn und.rv(.c, aaunw Ih ra8ect tlre+.Cxn n( "+e ronryxnx. RECEIVED aci 0 5 Nzz DCM_%,A,HD CITY ROY COOPER Governor ELIZABETH S. BISER secretary BRAXTON DAVIS Director NORTH CAROLINA Environmental Quality August 3, 2022 SEND VIA EMAIL Town of Ocean Isle Beach c/o Jeffrey Troutman (Ardurra Group North Carolina) 3809 Peachtree Ave. Suite 102 Wilmington, NC 28403 RE: CAMA Major Modification Application Town of Ocean Isle Beach Concrete Canals Dear Mr. Troutman: The Division of Coastal Management hereby acknowledges receipt of your application, acting as agent for the Town of Ocean Isle Beach, to modify existing State Permit No. 42-20 to include the excavation of the entrance canals, concrete feeder canals, and concrete finger canals in Ocean Isle Beach, Brunswick County, NC. It was received complete on August 2, 2022 and appears to be adequate for processing at this time. The projected deadline for making a decision is October 16, 2022. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from August 2, 2022 you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS I13A-I 19(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, Brendan Brock Field Representative cc; Cameron Luck, MHC WIRO DCM USACE Holley Snyder, DWR Town of Ocean Isle Beach, Applicant AUG 05 207� D_E Q� NorthCarolina Department ofEnvironmentalQuality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Exten0on I Wilmington, North Caroana 28405 �• ���� /'� 9101%.7215 '%, 4 ql�"" q'p ( ) T I ( 0010 1 00il CAMA PERMIT APPLIED FOR Applicant proposes to modify State Permit PIN& 42-20 to Inc u e maintenance dredginq wit in the existing footprint on 13 concrete finger canals, 3 feeder ra iL nalc entrance eanals to a depth of ' Concord Union St. and Moore St., adjacent o the AlVVW in Ocean m Isle Beach, Brunswick County. m COMMENTS ACCEPTED THROUGH A;Wi st 31 2022 _-- APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Town of Ocean Isle Beach 111 Causeway Drive Y N �v. o oas a anagemen Ocean Isle Beach, NC 28469 127 Cardinal Dr. Ext. Anent: Ardurra Group NC Wilmington, NC 28405 c/o Jeffrey Troutman Bren an rOC - (910) 397-2929 ext. 107 ROY COOPER Govemw ELIZABETH S. BISER S-ruary BRAXTON DAVIS frmPor, fNvl, Don ilC'aua fMmnNemeru August 5,2022 GanLegPubNotices7@gannett.com 2 Pages Star News Legal Advertisement Section Re: Major Public Notice for: • Town of Ocean Isle Beach — Brunswick County • Laura and Dutch Bageant - Pender County Hello: Please publish the attached Notice in the Wednesday, August 10, 2022 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. """Please send both original affidavit and invoice for payment to: NC Division of Coastal Management, c/o Tanya Pietila, 127 Cardinal Drive Extension, Wilmington, NC 28405. Contact number: 910-796-7226 (Customer No. 489895) cc: Thank you for your assistance in this art & Customer Assistance MHC Files Cameron Luck — MHC USACE RECEIVED AUG 0 5 2022 State of Nonh Carolina I Environmental Quality I Coastal Management DC R .tl S 127 Cudinal Drive Ext., Wilmington, NC 29405 9197%7215 '1Y ®G'I'I'V NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A- 119(b) that the following applications were submitted for a development permits in Areas of Environmental Concern as designated under the CAMA: On August 3, 2022, the Town of Ocean Isle Beach proposed to modify State Permit No. 42-20 to include maintenance dredging within the existing footprint on 13 concrete finger canals, 3 feeder canals & 2 entrance canals to a depth of -7.0' between Lee St. & Concord St, Union St. and Moore St., adjacent to the AIWW in Ocean Isle Beach, Brunswick County, And on August 1, 2022, Laura & Dutch Bageant proposed to install a fixed pier and observation platform at 100 S. Harbor Dr., adjacent to Topsail Sound in Surf City. Copies of these applications can be examined or copied at the office of Brendan Brock (Brunswick County) or Jason Dail (Fender County) N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910) 796-7226 (Brendan Brock) or (910) 796-7221 (Jason Dail) 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 August 31, 2022 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review 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 AUG 0 5 2022 DCM-WWI) CITY AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: Town of Ocean Isle Beach Mailing Address: 111 Causeway Drive Ocean Isle Beach, NC 28469 Phone Number: 910.579.21 Email Address: daisy@oibgov.com I certify that I have authorized Ardurra Group North Carolina Agent I Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: 2022/2023 "Concrete" Canal at my property located at located between Causeway Drive SW and Lee Street , 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: 4" LW2 Si ature L Jva/ /P/rriin't,,or Type �, ,am�e / J J`��l.F"tLUI�.41eV Title t / 01 /2022 Date This certification is valid through 07 / 01 / 2023 RECEIVED AUG 0 5 2022 DCM-r„I-ID CITY i-;f-C'F1V'':_I, .1 i li't i 4 L' r)C"A Wit4" oceanisle B E A C H June 8, 2022 Dear Riparian Property Owner, This letter is to inform you of the proposed Concrete canal maintenance dredging project (See Attached Map), which will being in the winter of 2022 and to give you a brief synopsis of what this proposed project entails as required by the application for CAMA Major Modification permit. Should you desire to review the application, a copy of the complete application package is on file in the Town Hall and can be reviewed during the hours of 9:00 AM to 4:00 PM, Monday thru Friday. Any comments must be submitted to the Division of Coastal Management within 30 days from receipt of this letter. Otherwise, no response is needed from you if you have no comments. The small boat access "Concrete" canals off of the AIW W (canals #1 to #13, #18, #19 & #20), the entrance canals to the "Concrete" canals from the AIW W (canals #3 & #8), located to the east of the causeway in Ocean isle Beach, were created in the 1960's, to provide water access to residential property homeowners. These shallow -draft canals provide boating access for the adjacent property owners, allowing easy access to the adjacent AI W W and the Atlantic Ocean for purposes such as fishi ng, recreation, and navigation. These "Concrete" canals have shoaled since their initial maintenance dredging as well as since the last maintenance dredging of these canals was performed in 2014/2015 under LAMA Major Permit #158.08, which had an extended expiration date of March 4, 2015. Overthe last 7 years since the previous dredge cycle, moderate shoaling has occurred due to the low tidal RECEIVED flow within the canals along with some surface runoff, resulting in inadequate draft depths in areas along these canals. This project proposes to accomplish maintenance dredging in these canals in the same AUG 6 5 2022 footprint of the previously permitted dredging events but with an additional 1-foot for over -depth dredging allowance below the project depth, which only the most previous project had. DCM-MH D Cl' PROJECT DESCRIPTION All material excavated will be pumped to US Army Corps of Engineers Disposal Area No. DA303, located at the end of Lee Street, Ocean Isle Beach, NC. Pipeline corridors will be established to ensure that no marsh areas or sensitive vegetation are disturbed. The locations of floating and submerged pipeline will be clearly marked, and navigation notices will be sent out to ensure boaters in the area are aware of any potential hazard to navigation. This maintenance dredging project proposes to use a hydraulic pipeline dredge to remove approximately 29,034 CY of dredge material to the -6 MLW project depth and up to 26,523 CY of dredge material in permitted over depth (-7 MLW) for an anticipated maximum of approximately 55,558 CY of dredge material to the permitted depth. The project consists of approximately 23,990 linear feet of the canalst:) i within the project's dredge template as shown on the maps contained in this review package with a- general width of 25', typical, except for smaller widths in some canals, tees and entrances. IJ1 0 i rr , TOWN OF OCEAN ISLE BEACH / III CAUSEWAY OR- / OCEAN ISLE BEACH. NC 28469 (910) 579-2166 / FAX (910) 579-8804 / WWW-OIBGOV.COM (,) L.1 2022 Maintenance Dredging —Concrete Canals Page 2. ENVIRONMENTAL IMPACTS Since the maintenance dredging will be performed during minimal activities of biological life, it is believed that environmental impacts resulting from the dredging activities proposed In this project, in general, will be relatively minimal. All of the canal bottoms consist of sand, sediment and detritus and have had maintenance dredging performed in 2014/2015 as well as several earlier dates. With this maintenance project being directly correlated to previously approved CAMA Major Permits and permit requirements, as well as performed within the dredge footprint limitations of previously approved contract documents, this project is in compliance with the North Carolina Environmental Policy Act. PROPOSED IMPROVEMENTS In order to allow for over -depth dredging of the canals in order to obtain the required -6.0 MLW project depth of the canals by a dredging contractor, a Major Modification is being requested to the current CAMA Major Permit 42-20 (current expiration December 31, 2023), which would also Increase the permitted dredge depth to -7.0 MLW from the currently permitted depth of -6.0 MLW in order to allow a 1-foot permitted over -depth allowance, If you have any questions regarding this project, please feel free to contact our office at your convenience. Sincerely, TOWN OF OCEAN ISLE BEACH Daisy L. 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AUG 0 5 ZMI' DCr169-r'VN-D CITY 244PI022 HOBBS ERIC & MELISSA 8100 MUIRFIELD DR FUQUAY VARMA, NC 27526 244PNO38 HODGIN JAMES L & NANCYT 87 NORWOOD RD CHAPEL HILL, NC 27516 244PNO25 HOLLINGSWORTH RANDALL W & VICKI 1 PENDER STREET OCEAN ISLE BEACH, NC 28469 2440N028 HOLSINGER LAYTON & JAN 18900 DAVIDSON CONCORD RD DAVIDSON, NC 28036 244PI018 HOLT MICHAEL LEWIS & JUDITH L 4525 S NC 62 BURLINGTON, NC 27215 2440N035 HONEYCUTT THOMAS W PO BOX 504 TROY, NC 27371-0504 244PDO21 HOOD GEORGE ROBBIE 6812 SUMMERHILL RIDGE DR CHARLOTTE, NC 28226-5556 244PJ05301 HOOKER ALLEN T 42 NEW PORT ST OCEAN ISLE BEACH, NC 28469 2440N043 HOOKS EMILY C 217 FULLER ST WHITEVILLE, NC 28472-2715 244PM020 HORTON RONALD LEE 1R PO BOX 4480 DAVIDSON, NC 28036 2440QO12 HOWARD TIMOTHY & EILEEN 25 GOLDSBORO STREET OCEAN ISLE BEACH, NC 28469 AUG 0 5 2022 DCM—rvlHD CITY I"tl "c;1 IVf'I ; IUn. ► y Wllt,t 1"PI;slt,::;Ic :. . 244POO43 ISOM CHRIS F 115 FOREST LAKE CT NORWOOD, NC 28128-4500 244PJ018 IVEY RICHARD 6437 WAKEFALLS DR WAKEFOREST, NC 27587 244PE009 JENDRASIAK GORDON & LAURIE ETALS 1845 VERSA CT APEX, NC 27502 2440QO44 JENKINS ALLEN & DEBRA 901 WAKESTONE COURT RALEIGH, NC 27609 244PLO44 JENKINSJOSEPH CJR 8 ASHTON CT GREENSBORO, NC 27410-2151 244PDOS2 JEWELL ROBERT R & LINDA #3 FAIRWAY RIDGE LAKE WYLIE, SC 29710 2440QD06 JIMMY DALTON GODWIN ST IRREV TR 4702 TREY VIEW CT MINT HILL, NC 28227-8282 2440N026 JOHN F PRIM TRUST 1000YELLOW WARBLER LANE RALEIGH, NC 27614 244PJ004 JOHN INGRAHAM TRUST THE 45 ANSON STREET OCEAN ISLE BEACH, NC 28469 244PI025 JOHNSON AND KINLAW ENTERPRISES 3763 MCDONALD ROAD FAIRMONT. 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SMITH 5715 TERNWATER PL LITHIA, FL 33547 244P0O09 ROBERTS KENN&H B & CATHERINE 144 NORTH SARDIS VIEW LN CHARLOTTE, NC 28270 244PN054 ROBERTS RONNIE 1 & BOBBIE S 527 BLUFF SCHOOL ROAD KERNERSVILLE, NC 27284 DC" .- 244PK036 RUSSELL BUDDY R 1001 PEACHTREE RD NW WILSON, NC 27893 244PNO15 SAINTSING BRYON L & BETSY 1817 BRASSFIELD RD RALEIGH, NC 27614 244PM042 SARGENT JOHN S & JANET L 304 FOX LAKE DRIVE CLINTON, NC 28328 244PM052 SAWYER PHILLIP FOSTER & NANCY J TR 430 NW 130TH AVENUE PLANTATION, FL 33325 244PI009 SCHMIDT WILLIAM P 6572 ROSEBURY CT SW OCEAN ISLE BEACH, NC 28469 2440N012 SEFEROVICH PATRICK B & MARIA M 805 VESTAVIA WOODS DR RALEIGH, NC27615 244PF009 SEN JIMMY & KAY 632 PANORAMA POINT LEXINGTON, SC 29072 244PED18 SERINO JENNIFER & JASON 1604 RAINESVIEW LANE APEX, NC 27502 244PJ021 SESSIONS SAMUEL D & AGNES 0 PO BOX 888 WADESBORO, NC 28170 2440JO55 SEWARD CHRISTOPHER C 1812 FRENCH DR RALEIGH, NC 27612 244PI006 SGH INC 960 HILLTOP ROAD OAKSORO, NC 28129 NED AUG 0 5 2022 ._ - D CITY 244PLO41 SMITH EVERETT CHADD & TRACI 20 UNION ST OCEAN ISLE BEACH, NC 28469-7622 24400047 SMITH JULIUS P III 8806 KENTUCKY DERBY DRIVE WAXHAW, NC 28173 2440MO17 SMITH MICHAEL DAVID & DANA B 20253 OLD SAN BAR RD OAKBORO, NC 28129-8832 244PF022 SMITH MICHAEL REID & B&TY 14 RICHMOND STREET OCEAN ISLE BEACH, NC 28469 244PLO29 SMITH SHARON W 146 CANTERBURY CROSSING FORT MILL, SC 29708 244PDOSO SMOLLEN CHRISTOPHER F 719 SANDY RIDGE RD CHAPEL HILL, NC 27516-0562 244PK006 SMREKER FAMILY TRUST 4017 FALLS RIVER AVE RALEIG H, NC 27614-7422 2440N052 SNOW FRANK 1128 MIDDLE RD FAYETTEVILLE, NC 28312 244PT044 SONNEFELD CHRISTIAN A & MARIANNE 2437 SUMMERS GLEN DRIVE NW CONCORD, NC28027 2440M009 SOVIE JOEL & SARA 33 LEE ST OCEAN ISLE BEACH, NC 28469 244PH022 SPARKS EDWIN WAYNE JR AND 12021 JAMES RICHARD DR CHARLOTTE, NC 28277-4011 AUG 0 5 2022 DCtia-�J;i 9D CITY 244PGO02 STEPHANIE SJOBLAD LIVING TRUST 6408 BRANDYWINE RD RALEIGH, NC 27607-4817 244PDO07 STONE DONALD KEVIN 1201 FORHORN DRIVE MONROE, NC 28110 244PGO12 STRATTON JOHN H JR & CAROLYN W 23 SCOTLAND STREET OCEAN ISLE BEACH, NC 28469 244PGO14 STRAUGHN JOHN L & SHEPPARD F 601 QUAIL DRIVE CHERAW, SC 29520 244PE028 STRICKLAND T C III & LESLIE G PO BOX 2486 SHELBY, NC 28151 244PK029 STYERS C NEIL & EMILY E 5217 WOODLAND BAY DR BELMONT, NC 28012 2440N056 SUH EUN11N H TRUSTEE PO BOX 5189 OCEAN ISLE BEACH, NC 28469 2440MO33 SULLIVAN JOSEPH EARLE & LEIGH H 3708 SINGLETREE ROAD MINT HILL, NC 28227 244POO20 SUTHERLAND MARK LLOYD & SUSAN 11718 EGRETS POINT DR CHARLOTTE, NC 28278 244PM030 SUTTON MICHAEL K 7435 FAYETTEVILLE HWY GODWIN, NC 28344 244PNO07 SWIFT PROPERTIES LLC PO BOX 99628 RALEIGH, NC 27624-9628 RECEIVED AUG 0 5 2022 DCM9- ?;'ID CITY iUP 1. ; 102r 244PI024 THURSTON STEVEN CURTIS 1024 TIMBER RUN DR SALISBURY, NC 28146-6961 2440N015 TOBIN JAMES R & KATHLEEN L 10913 ASHLAND MILL COURT RALEIGH, NC 27617 244P0O48 TRENTJACKSEN W & ASHLEY M 2811 VIDALIA CT MONROE, NC 28110-7820 244PDO13 TRIPLENEESE MANAGEMENT LLC 7327 STRAWBERRY RD SUMMERFIELD, NC 27358 2440JO03 TRIPP DANNY P & PAMELA M 1010 FAIRGROUND RD DUNN, NC 28334 2440QO30 TUCKER SR RICHARD & TUCKER JR RICHARD 11326 HARMONY WOODS LN DAVIDSON, NC 28036 244PG007 TURNER STEPHEN S & MARIE C 13 SCOTLAND ST OCEAN ISLE BEACH, NC 28469 244PLO36 TYSONNELL LLC 6565 ROBIN HOLLOW DR MINT HILL, NC 28227 244PDO34 VAN TASSEL RICHARD L II & DEBORAH L 2400 CHLEMSFORD CT CARY, NC 27518 244PLO31 VARNER DONALD RICHARD 1R & NANCY 259 SWEETWATER HILLS DR HENDERSONVILLE, NC 28791 AUG(> 244PK002 VERGARA GEORGE M 11700 BURRAY RD CHESTERFIELD, VA 23838-5155 244PL002 WALTERS CECIL R JR & BOBBIE F 47 RAEFORD ST OCEAN ISLE BEACH, NC 28469 244PL055 WALTERS DEAN & PHYLLIS 48 UNION STREET OCEAN ISLE BEACH, NC 28469 244PJ012 WALTERS EDDIE R & RICHARD D WALTERS PO BOX 177 BLADENBORO, NC 28320 244PFC03 WALTERS JAMES E JR & LYNN BELL PO BOX 1203 LAURINBURG, NC 28353 244PI005 WALTERS NEPSIE D S10 DERWOOD RD LUMBERTON, NC 28358-7742 244PI032 WARD ERNEST E JR & LAURA A 51 NEWPORT ST OCEAN ISLE BEACH, NC 28469 244PE021 WARD WALTER L SR & EARLENE V PO BOX 908 ASHEBORO, NC 27204 244PM023 WARLICK RANDY MCCOY & DEIRDRE G 5 DARE STREET OCEAN ISLE BEACH, NC 28469 2440MO21 WARREN JASON 210 RICHARDS LANDING DR ROCK HILL, SC 29730 2440J056 WASHAM C MACK & LOR&TA F 3601 GUNSTON CT CHARLOTTE, NC 28226 2440JO48 WATERCOLORS OIB LLC 110 DOGWOOD LANE FOUR OAKS, NC 27524 ► ECEIVED AUG 0 5 2022 DC' CITY sir 244P0039 WHITE GEORGE L & SYLVIA 7919 MT HOLLY-HUNTERSVILL CHARLOTTE, NC 28216 244PK016 WHITMIRE WILTON FRANKLIN & 204 WATERS EDGE DR ARCHDALE, NC 27263-3448 2440Q029 WHITSETT JAMES R & JULIE J 740 ELLSWORTH RD CHARLOTTE, NC 28211 244PF014 WHITWORTH JEFFREY ETALS 2004 MADISON AVENUE GREENSBORO, NC 27403 244PNO27 WIGGS SARAH JANE 2252 RUMSON RD RALEIGH, NC 27610-1039 244PNO04 WILHOTT R TYLER AND RICKY STALLINGS 2550 MOUNTAIN LAKE RD ASHEBORO, NC 27205 244PJ041 WILKINSON RICHARD M JR & BRENDA P 8705 CARDIFF COURT RALEIGH, NC 27615 244PLO22 WILLIAM C BEATYJR FAMILY LLC 1045 EVERGREEN CIR ROCK HILL, SC 29732 2440JO39 WILLIAMS BRANDON R& 476 WALNUT DR ASHEBORO, NC 27205 244PM014 WILLIAMS CHARLES S & TERESA M 2373 RIVER ROAD FAYETTEVILLE, NC 28312 244PD032 WILLIAMS DERIKJ ETALS 515 S FRANKLIN ST W HITEVILLE, NC 28472 244OJ017 WOMBLE ROBERT B & LYNN B 609 BLENHEIM DR RALEIGH, NC 27612 244OQ053 WOOD GERALD B & COURTNEY 21447 NORMAN SHORES DR CORNELIUS, NC 28031-6697 244PHO10 WOODELL ANTHONY K & MELISSA S 36 SCOTLAND ST OCEAN ISLE BEACH, NC 28469 244P0O22 WORSLEY MARTHA 605 SANDFIDDLER POINTS RD WILM INGTON, NC 28409 2440M003 WORTHY WILLLIAM C 300 STONYBROOK RD ROCKY MOUNT, NC 27804-2149 2440JO18 WYATTSAMANTHA & PAUL 129 BELLS CROSSING DR MOORESVILLE, NC 28117 244PE025 WYMAN TOMMY J & SAMANTHA FLETCHER 1105 NORRIS ST RALEIGH, NC 27604 244P0O28 YAMOUTI VICTOR N 218 RIVERSIDE DRIVE MORGANTON, NC28655 244PT057 YARBORO EDWARD D 2140 MCBRAYER SPRINGS RD SHELBY, NC 28150 244PE019 YOKLEY D BLAKE & JOANN H 3989 QUILLING RD WINSTON SALEM, NC 27104 2440Q055 YORK GREGORY V & CAREN C 1033 ROCKFORD ROAD HIGH POINT, NC 27262 RECOVED AUG 0 5 2022 DCNI- ..HD CITY .IUN 14 LC?" DC: i iell, l kII!, 7f'., ,,,.. This map was produced by the Geographic Information Systems (GIS) ,. •} 'y1'Y r 2 program. Informational data used to create this me were collected fro'�' Y + ' ✓ ° ` '. federal, state, county, and private organizations. This m map is a general r ' s<b , r: �` 3 t• guide to assist the public and is for Illustrative purposes only. While every �• �`. '+."f effort is made to keep this map accurate and up-todate, it is not Intended to replace any official source. Under no circumstances shall the Stale of North Carolinabe liable for any actions taken or omissions made from r - `) �� t✓ { f -�� l f4 reliance on an Information contained herein from whatever source nor shall the State be liable for any other consequences from any such reliance f (( '(+ Ali• t ��..r ""ate t iI ,q :. 's r /iaLN .IeS'i q1 rt�� � �^�... 77 )�C � d t i x .a a�•a i, -Y+� '.� �^ , F ` P s JJ � i rdr,s.,•* > r•,_r e al'Fr . — f ,• "r'y t \ '1111." u t a `h5r =� i^ :' Cr'. r `� t� rI t 4• � v (S .t .. � -�-i •� I '..>,.---: `J .. .. �. � . a. . '1 ` ✓: : r�1 i, Y e i,\ �, u. 19 .ar.r': ' _. t � .0103 22 d Mad Inlet Area Shallotte River --- .Ot0512 .,(Ocean Flats) 16:1:6 22 c I Btg Tea ue Creek. 0103 22�c it Little Te'ayu_e CCU 3 22 c ill I Big Norge Creek i 119 .ie RECE!IJED 117 JUN 1 7022 Background imagery are U.S. Geological Fishery Nursery Areas Fishery Nurse Areas Survey 1:100,000 scale planimetric maps. a r: Pdmary ry N Q Permanent Secondary © Spedat Secondary Ad Q Mlitary Danger mop -. Zones and Restricted Areas I—'-' P Irdantl walen (WRClurisdlteao) Ma 28 DW WILMINGTON, NC�y 1 Map Datum: NAD83 s 'yam` r Map Projection: NC State Piano Map Data: March 2011 logo 0 1000 2000 Yards ® j 0..7 0 0.7 1.4 Moles March 21. 2022 DCS LTD 16 Causeway Dr. SW Ocean Isle Beach, NC 28469 oceanisle B E A C H RE: Letter of Consent from Underlying Property Owner Town of Ocean Isle Beach — 2022-2023 Maintenance Dredging of "Concrete" Canals Parcel 1D# 244PDO56 USACE Disposal Area AIW -_ U 0303 To Whom It May Concern: This letter of consent is to request permission to use the dredge disposal area USACE AIW U 0303 for our 2022-2023 Maintenance Dredging Project of the "Concrete" Canals. located north of Lee Street. As part of our Consent Agreement with the US Army Corps of Engineers who possesses easement rights for the upland area, we are required to obtain permission from the property owner(s) of the underlying area. As an underlying property owner for the US Army Corps of Engineer's Disposal basin, we hereby request your consent to utilize these disposal areas for our project. Due to US Army Corps of Engineer's moratorium on additional disposal at this site, we are first proposing the removal of existing material from this disposal area as previously placed with the recent Maintenance Dredging Project of the "Natural" Canals. With approximately 125% of the dredged material to be removed, the material will then be disposed of at this location in preparation of disposal of dredged material from the upcoming "Concrete" Canal project. Please indicate your acceptance below and return in the envelope provided. We thank you for your time and permission regarding this project. Sincerely, TOWN OF OCEAN ISLE BEACH AaIVLY Town Administrator As underlying proper? owner, I disposal area ill sLi 1 c rda Acceptance by: REC-1- AUG 0 5 Z022 r)(,, . CITY RECEIVED JUid 1 4 . Dcm WIIMINIGI'G?., 3tC) to the Town of Ocean Isle Beach to use the DSACE and CAMA permits. Date: TOWN OF OCEAN ISLE BEACH / 3 W. THIRD STREET / OCEAN ISLE BEACH, NC 28469 (910) 579-2166 / FAX (910) 579-8804 / W WW.OIBGOV.COM Brunswick County GIS Data Viewer 1:3,940 ■ Addresses ^— US Hwy Minor Parcel ^^ ENE(} 0 0.0325 0.0ss 0.13 mi Roads — NC Hwy Parcels 0 0.05 0.1 0.2km . Interstate — State Road Condo u14 20K' a. wo-xC.WGIs Permit Class NEW 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 Permit Number 42-20 Issued to Town of Ocean Isle Beach 3 West Third St., Ocean Isle Beach NC 28469 Authorizing development in Brunswick County at man-made canals (#14-17, 21, 21A, 22-23) between Causeway Dr. & Concord St., & entrance canals (#8, 3) adi. to the AIW W, in Ocean Isle Beach, as requested in the permittee's application dated 10/31/19 (MP-1, 2) and 11/12/19 (MP-4), including attached workplan drawings (11), all dated "Revised 10/23/19". This permit, issued on April 9, 2020 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation or mese terms may oe suoilect to Imes, imprisonment or civil action; or may cause the permit to be null and void. Excavation 1) In order to protect juvenile shrimp and finfish populations, no excavation or filling shall be permitted between April I and November 15 of any year without the prior approval of the Division of Coastal Management, in consultation with appropriate resource agencies. 2) No excavation shall take place outside of the area indicated on the workplan drawings. 3) Excavation shall not exceed -7 feet below the mean low water level. In no case shall the depth of excavation exceed the depth of connecting waters. (See attached sheets for Additional Conditions) I his permit action maybe appealed by Ole permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2023 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chair of the Coastal Resources Commission. �(( Braxton C. Davis, Director Division of Coastal Management This pgfjtiit`ilrld its}eonditions are hereby accepted. .n I A Y`'c -1: IIIHlllliilllllllllullll�llllllllli *of' , M. a1...,.,,, awl.ar or t».a. 1e-31_2419 16:2L46.440 Brunswick f Dead NC NC REV[mrg STAMP: a2Ns. ee (aa67U7) r ,r _ .. ;v"i co rc NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax: $2,000.00 Recording Time, Book and Page Tax Map No. Parcel Identifier No.: 21200009 Mail after recording to: Hewett Law Firm PLLC, 712 Village Rd., Suite 206, Shallolte, NC 28470 This instrument was prepared by: Mack Hewett, Hewett Lew Firm PLLC, a licensed North Carolina atromey. Delinquent taxes, if any, to be paid by the closing attorney to the Brunswick County In Collector upon disbursement ofelosing proceeds." THIS DEED made this _ day, of October 2019 by and between GRANTOR James Freddie Hill, Jr. and wife, Wanda M. Hill; and Christopher Ivan Hill and wife, Melissa Hill 1761 Sumter Street Georgetown, SC 29440 GRANTEE Wayne's Backhoe Service, Inc. 20 Thomasboro Rd. Calabash, NC 28467 The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context VATNESSETH, 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 that certain lot or parcel of land and more particularly described as follows: ,Fwll �1�Nvzpol »ie 5512 Ocean Hwy W Owner: Wayne's Backhoe Service, INC. N0T1(00'$17wA CAMA PERMIT APPLIED FOR nn11The applicant proposed to perform maintenance dredging to a 1Cl+T. COMMENTS ACCEPTED THROUGH August 2, 2022 APPLICANT: Ardurra Group North Carolina Attn: jeffrey Troutman P.E. Town of Ocean Isle Beach 111 Causeway Dr. Ocean Ise Beach, NC 28469 FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: NC DIV. OF COASTAL MANAGEMENT 127 CARDINAL DR NC Division of Coastal Management Major Permit Application Computer Sheet AEC: M NV4 Fee: $ 4+(� # Our)) CDAITS _MHC cc _ Applicant: 1pc..n 01 iJG�a- �Sfti atior) -- -- Agent/Contractor: rdvr✓G G+wV MIA rA Trv..n. _ Project Sile County: Staff: District: Wilmington Project Name: ro ©�H 1 ., ecr 6 Conr✓o� Rovar File: n!a River Basin: (ti yw w Initial date of application submittal_-/ 1.3 2Z^4 5 bate application "received as compifete" in the Field office: Permit Authorization: ❑ GAMA ❑Dredge &Fill oth SITE DESCRIPTIONIPERMIT INFORMATION ORW ❑Yes No PNA; Yes PNo Photos Taken, Yes NoX Setback Required (riparian): YesXNo Critical Habitat: []Yes o ❑Not Sure 15 foot waiver obtained: Yes �allo Hazard ��{{otification Returned: Vo ❑Yes SAV; ❑Yes oNo ❑Not Sure Shell Bottom: []Yes No ❑ Not Temporary Impacts: PYes ❑No Sure Sandbags: ❑Yes Po ❑ Not Sure Did the land use cla sification come from county LUP: Yes []No Mitigatio,,n4Bequired (optional): [--]Yes 1110 Cof ^- me atorium Conditions: T Environ ental Assessment Done: Length Shoreline: Yes No ❑NA ❑Yes Ko ❑NA 2'ViYT. FT. Shellfish A�renation: Project Description: (code) Development Area: cade) Open - Co�+»<✓%«� ,Z D t r SECONDARY WATER CLASSIFICATION - OPTIONAL (choose MAX of 4) WETLANDSIMPACTED -- ❑ Engineers (404} Corp. of Engineers (Jurisdictional wetlands) (LS) 5ea lavender (Limonium sp.) ❑ (SS) Glasswort (Salicornia sp ) (SY) Sal{ -reed grass (Spartina El (CJ) Saw grass (Cladium jamaicense) El (SA) Salt marsh cordgrass (Spartina alterniflora) cynosuroides) ❑ (DS) Salt or spike grass (Distichlis -r] (SC) Bullrush or three square (Scirpus El (TY) Cattail (Typha sp.) spicata) sp ) (JBlack needlerush (Juncus roemererianus) ❑ Saltlmeadow grass (Spartina � -----" patens) _ -- APPLICATION FEE No fee required - $0.00 ❑ III(A) Private w/ D&F up to 1 acre; 3490 ❑ III(C) Privpublic or Comm wl 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 LAMA. Major tjilV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 ❑ Permit Transfer - $100 ❑ lll(B) Public or commercial w/ D&F to 1 ❑ Express Permit - $2000 acre; 4144 can be applied - $400 ❑ Major development extension request - ❑ It. Public or commercial/no dredge , (r..:. 11—I T . $100 and/or fill-$400 ❑ I. Private no dredge and/or fill - $250 ❑ III(C) Priv. public or comm w /D&F to 1 ,, AIJG. 0 acre; 4144 can be applied; DCM needs J. 1022 DWQ agreement - $400 Applicant: �Owv+ 4� VGgQ-n lS(ti 'JG cGh Date: 6 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 A F.^fje✓ cw...iS -� r� New Work ❑ Main/ Replace / r t'L'S ^7 r !1-t— ❑Y �N /3Q.0 (�iJ j7�-. _— New WorkEl Maint Replace ❑ Y ® N /700 —t (U r "%Y o ! M. �. New Work ❑ Maint 1 Replace ❑ Y [9N (000 7, o ' New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace �- Maint ❑ ❑ Y ❑ N New Work Replace Main( ❑ ❑ 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 anyanlicipated restoration and/or restoration or and/or temp restoration or temp impact __tem im ads) impact amount � tem im acts ___-__p__E amount !✓. Dredge N Fill ❑ Both ❑ Other ❑ r _ (% Dredge ❑ Fill ❑ Both M Other ❑ S 2,3 5V 3 Et Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other Cl Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ ^- Dredge ❑ Fill ❑ Both ❑ Other ❑ AUrb 0 5 2 0 2 Z 919.733-2293 :: 1.888-4RCOAST :: vvww.r ccoastalmanage_ ment. net revised: 02/26/18 Major Permit Fee Schedule Project Name J-ovr^ �� ��� CountyQ4'.e' t 41-5 �C Check No & Amount: 4 I t os DCM % DWQ % Development Type Fee 14300160143510009316256253) (2430016024351000952341) I Private, non-commercial development that does not Involve the filling or $250 100% ($250) 0% ($0) excavation of any wetlands or open water areas. II. Public or commercial development that does not involve the filling or excavation $400 100% ($400) 0% ($0) of any wetlands or open water areas III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,O. C, or D below applies III(A). Private, non-commercial development, if General Water Quality $250 100% ($250) 0% ($0) Certification No. 4175 can be applied. III(8). Public or commercial development, if General Water Quality Certification $400 100% ($400) 0% ($0) No. 4175 can be applied. III(C). if General Water Quality Certification No. 4175 could be applied, but DCNI staff determined that additional $400 60% ($240) 40% ($160) review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: III(D) If General Water Quality $q00 60% ($240) 40% ($160) Certification No. 4175 cannot be applied. IV. Development that involves the filling and/or excavation of more than one acr $475 60% ($285) 40% ($190) of wetlands and/or open water area q�ir ,p '7j