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HomeMy WebLinkAbout92-14 MM 2015 Town of North Topsail BeachPermit Class MODIFICATION/MAJOR (by CRC Variance) STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission Verint"t for Permit Number 92-14 S X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Town of North Topsail Beach 2008 Loggerhead Court, North Topsail Beach, NC 28460 Authorizing development in Onslow County at Atlantic Ocean from 2276 to 2382 New River Inlet Road , as requested in the permittee's application dated 5/1/15 This permit, issued on August 29, 2015 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. 1) In keeping with the Variance granted by the Coastal Resources Commission (CRC) on July 16, 2015, and the CRC Variance Order signed by the CRC Chairman on August 14, 2015, the temporary construction containment (geotexftle) tubes shall be removed when the Onslow County channel maintenance/beach disposal project is complete, or by June 30, 2016, whichever comes first. 2) This Major Modification shall be attached to the original of CAMA Permit No. 92-14, which was amended by CRC variance on 11/26/14, as well as the Minor Modification of 12,31/14, and copies of all documents shall be readily available on site when a Division representative inspects the project for compliance. (See attached sheet 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 December 31, 2018 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. r Braxton(!. Davis, Director sion of Coastal MaW&pmepnt This permit and its conditions are hereby accept#P 10 10 Signature of Permittee Town of North Topsail Beach Permit #92-14 Page 2 of 2 ADDITIONAL CONDITIONS sir"`" 3) All condi ns and stipulations of the active permit, including Condition No. 13 of the 11/26/14 Amended Permit requiring that the associated scour aprons and "chock" tubes be removed when the associated geotextile tubes are removed, remain in force under this Major Modification unless specifically altered herein. NOTE: An application processing fee of $250 was received by.DCM for this project._ .. .Permit,Class MODIFICATION/MAJOR (by CRC Variance) STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission Vermit 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 92-14 Issued to Town of North Topsail Beach 2008 Loggerhead Court, North Topsail Beach, NC 28460 Authorizing development in Onslow County at Atlantic Ocean from 2276 to 2382 New River Inlet Road , as requested in the permittee's application dated 5/l/15 This permit, issued on August 29, 2015 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit. to be null and void. 1 j In keeping with the Variance granted by the Coastal Resources Commission (CRC) on July 16, 2015, and the CRC Variance Order signed by the CRC Chairman on August 14, 2015, the temporary construction containment (geotextile) tubes shall be removed when the Onslow County channel maintenance/beach disposal project is complete, or by June 30, 2016, whichever comes first. 2) This Major Modification shall be attached to the original of CAMA Permit No. 92-14, which was amended by CRC variance on 11/26/14, as well as the Minor Modification of 1231/14, and copies of all documents shall be readily available on site when a Division representative inspects the project for compliance. (See attached sheet 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 December 31, 2018 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. LLLA i ll �i�, Braxtot C. Davis, Director rivision of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee DCM Coordinator: D r FAILING DISTRIBUTION SHEET Parmitaw r P�f- C t-% 03 Permit #:2— Iq frz'J er oo um lu o I DCM Field Offices Elizabeth City (with revised work plan drawings) Morehead City Washington / Wilmington V US ACOE Offices: Washington: Raleigh Bland William Westcott (NC DOT) Bill eiddlecome (NC F)OT) Wilmington: Tyler Crumbly Liz Hair Cultural Resources: / Renee Gledhill -Early t/ Public Water Supply: Diane Williams (WIRO) Joey White (WARD) Marine Fisheries: Shane Staples Gregg Bodnart/ NC DOT: Ken Pace v-/ Shellfish Sanitation: Patti Fowler Shannon Jenkins/Jeremy Humphrey State Property: Tim Walton Water Resources: Karen Higgins (Raleigh) Washington: Anthony Scarbraugh-401 Wilmington: Joanne Steenhuis-401✓ Chad Coburn - 401 - DEMLR Washington: Scott Vinson-Stormwater Wilmington: Georgette Scott- / 'Stoorrmwater Wildlife Resources: Maria Dunn `/ LPO: 2 5&4� A A ODEM North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary September 1, 2015 Town of North Topsail Beach 2008 Loggerhead Court North Topsail Beach, N.C. 28460 Dear Sir or Madam: The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff - colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733- 2698 within twenty (20) days of this decision on your permit. You should also be aware that another qualified party may submit an objection to the issuance of this permit within twenty (20) days. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance requires additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Enclosure Sincerely, D7glas V. Huggett%® Major Permits and Consistency Manager N.C. Division of Coastal Management 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX 252-247.33301 Internet: www.nccoastalmanagement.net An Equal Opportunity lAffirmative Action Employer STATE OF NORTH CAROLINA DEPARTMENT OF JUSTICE ROY COOPER ATTORNEY GENERAL Stuart Turille, Town Manager Town of North Topsail Beach 2008 Loggerhead Court North Topsail Beach, NC 28460 11,0. nos 629 Ru.mcri, NC 27602 August 19, 2015 Ile: Variance Request CRC-VR-15-05 Dear Mr. Turille: Rr:n.rro: l9Ain, L. Lucrosr•. b:xvaloNMENTAL DlvlsioN '11i1.o (919) 716-6962 FAx: (919) 716-6767 mhumssc @nc(loj.gnv US lklail and electronically al: townmanager@iioftli-topsail-beach.org On August 14, 2015, I forwarded the Coastal Resources Commission's final agency decision which grained, subject to conditions, the Town of North Topsail Beach's request for a variance to extend the time temporary geotextile tubes may remain on the beach. It has been brought to my attention that my instruction requesting the Town resubmit an application for a major modification was incorrect. I understand from Doug Huggett, Division of Coastal Management (DCM) that the Town does not need to submit another major modification request since its request to leave the sandbags on the beach longer has already been submitted and denied by DCM. The next step is that DCM will simply issue the major modification to CAMA Major Pen -nit No. 92-14 subject to conditions as authorized by the variance granted by the Commission. Let me know if you have any questions. Very Tr y Xours, X M�ucasse St al Deputy Attorney General and Counsel for the Coastal Resources Commission cc: Frank D. Gorham, IIi electronically Brian E. Edes, Esq., US Mail and electronically Christine A. Goebel, Esq., electronically Braxton Davis, electronically Angela Willis, electronically STATE OF NORTH CAROLINA COUNTY OF ONSLOW IN THE MATTER OF: ) PETITION FOR VARIANCE ) BY TOWN OF NORTH TOPSAIL BEACH ) BEFORE THE NORTH CAROLINA COASTAL RESOURCES COMMISSION CRC-VR-15-05 FINAL AGENCY DECISION This matter was heard on oral arguments and stipulated facts at the regularly scheduled meeting of the North Carolina Coastal Resources Commission (hereinafter "Commission") on July 16, 2015 in Beaufort, North Carolina pursuant to N.C. Gen. Stat. § 113A-120.1 and 15A NCAC 7J .0700, et seq. Assistant Attorney General Christine A. Goebel, Esq. appeared for the Department of Environment and Natural Resources, Division of Coastal Management (hereinafter "DCM") and Attorney Brian E. Edes appeared on behalf of Petitioner Town of North Topsail Beach. Upon consideration of the record documents and the arguments of the parties, the Commission adopts the following: STIPULATED FACTS The Petitioner in this case is the Town of North Topsail Beach ("Petitioner" or "Town"). The Town is represented by the Town's attorney, Brian E. Edes, Esq. 2. The site at issue in this case is located at the north end of North Topsail Beach, and includes the beach waterward of the first line of stable natural vegetation from just north of the Topsail Reef condominiums to the northernmost house on New River Inlet Road. There are 39 parcels of land with 20 duplexes structures (which include 40 residences) along this stretch of the beach (hereinafter the "Site"). At the time the 20 structures were constructed, they were 1 "second row" homes. The Site is described in the Project Narrative section of the stipulated exhibits, and in other portions of the stipulated exhibits. The Town holds easements on these oceanfront parcels in order to use the property for the purpose of implementing beach nourishment projects. 3. The Site is located within the Ocean Erodible, High -Hazard Flood and Inlet Hazard Areas of Environmental Concern (AEC). 4. The long-term average annual erosion rate at the Site is 2-feet per year. The Site is entirely within the Inlet Hazard AEC which uses the rate for the adjacent ocean hazard area per 15A NCAC 7H .0310(a)(1). DCM agreed with Petitioner that this Site experienced accelerated erosion in the 12-15 months before the November 2014 variance hearing. 5. According to the Town's Project Engineer, Tom Jarrett, P.E. of Coastal Planning & Engineering (CP&E), one of the unique features of the area is the influence of the New River Inlet, or more specifically, the ebb tide delta of the inlet, on sediment transport along the shoreline. This is demonstrated by the photo shown in Exhibit 15 in which incoming waves from the southeast are refracted around the ebb tide delta resulting in a change in sediment transport direction (as indicated by the arrows) just south of New River Inlet. The area in which the direction of sediment transport changes as a result of wave refraction is commonly referred to as a nodal zone. In general, the nodal zone is characterized by the net movement of material away from or out of the zone. While a nodal zone will generally always exist adjacent to a tidal inlet, the influence of the nodal zone on the shoreline of North Topsail Beach is enhanced due to the absence of significant shoal accumulations on the south side of the inlet. The absence of shoal material south of the inlet is one of the issues the channel relocation project was designed to 2 address, i.e., the purpose of moving the channel was to encourage the reconfiguration of the inlet's ebb tide delta through the redistribution of shoal material from the north side of the inlet to the south side. In support of this fact, Mr. Jarrett provided portions of the Final Environmental Impact Statement for the North Topsail Beach Shoreline Protection Project prepared in December of 2009 (hereinafter "FEIS"). History of the Site 6. The north end of the Town has a history of erosion. Detailed information about the history of erosion and past beach nourishment projects was provided to the Commission in Appendix B of the FEIS. Mr. Jarrett also prepared a summary of the nourishment projects which were completed between 2002 and 2011 (hereinafter "Jarrett Erosion History Report"). 7. According to the FEIS, the erosion of the shoreline south of New River Inlet has been a persistent problem since around 1984 when the bar channel of New River Inlet shifted its alignment toward Onslow Beach. Prior to 1984, the north end of North Topsail Beach was accreting at an average rate of 6.1 feet per year. Following the change in channel position and orientation, the north end began to erode at an average rate of 5.3 feet per year. Most of the accelerated erosion was attributed to the north end's increased exposure to wave energy. That is, prior to the channel shift, the south side of the ebb tide delta provided a breakwater effect with waves breaking relatively far offshore. With the loss of the south side delta, more wave energy was transmitted directly to the shoreline. This, combined with the development of flood channels running close to and parallel to the north end, greatly increased sediment transport rates to the north. 8. Since 1993, and despite the use of sandbag structures in some places, 11 3 residential structures, all of which were located seaward of the existing 20 structures at the Site, were either removed or lost to erosion. The Town's Inlet Management Plan/FEIS 9. Beginning in 2006, the Town hired CP&E to develop an Inlet Management Plan for the New River Inlet (hereinafter "Inlet Management Plan.") This Inlet Management Plan was completed in December 2009 and memorialized in the FEIS publication. The entire Inlet Management Plan is covered by the Department of the Army permit SAW 2005-00344 dated May 16, 2001. CAMA Major Permit No. 79-10 was issued on July 21, 2010 authorizing Phase I of the Inlet Management Plan. The October 12, 2012 modification authorized a change to the beach fill density, the amount of material to be removed from the ocean bar channel, and removed a previously permitted upland disposal site. This CAMA permit was further modified on September 26, 2013 and authorized Phase 5 of the Inlet Management Plan to be developed during the 2014-15 dredging window, an increase in beach fill densities, and allowed Phase 5 to take place before Phases 2-4 if necessary. 10. Phase 1 of the Inlet Management Plan was completed in February 2013 and included the repositioning of the New River Inlet ocean bar channel to a more central location between the south end of Onslow Beach and the north end of North Topsail Beach. The material removed during the repositioning of the channel was used as beach fill along 7,730 feet of shoreline south of New River Inlet. 11, The Town's purpose in moving the ocean bar channel of New River Inlet, as stated in the FEIS, was to induce sand accumulation on the south side of the inlet's ebb tide delta. Based on the documented historic behavior of the inlet, the Town believed that moving the 4 channel to a more central position with an alignment approximately perpendicular to the adjacent shorelines would result in accretion of the shoreline south of the inlet. According to Dr. William Cleary's letter, the FEIS estimated that the time required for the new channel to have a positive impact on the shoreline was three to four years. 12. According to Mr. Jarrett, the behavior of the shoreline on the north end of North Topsail Beach is tied to the position and alignment of the main bar channel of New River Inlet. Morphological studies of New River Inlet, reported in the FEIS, describe the relationship between the position and alignment of the channel and the response of the shorelines on both sides of the inlet. The FEIS also identified a position and alignment of the bar channel that would provide a beneficial impact on the north end shoreline. Based on the FEIS, the Town of North Topsail Beach elected to artificially move the channel to the preferred position and alignment indicated by the morphological studies. 13. The construction of Phase I moved the mean high water (MHW) shoreline an average of 272 feet seaward of the pre -project MHW shoreline in the area between Building No. 1 of Topsail Reef and the south shoulder of New River Inlet (baseline stations 1149+00 to 1160+00). Based on an August 2014 beach profile survey by Gahagan & Bryant, the MHW shoreline north of Topsail Reef had receded between 200 and 250 feet since completion of Phase 1, which is equivalent to rates of between 130 feet per year and 167 feet per year, Visual inspections of the beach show it has continued to erode since the August 2014 survey and the MHW shoreline has returned to essentially its pre -project position. According to Mr. Jarrett, while the rate of loss of the fill placed during Phase 1 of the management plan has been higher than anticipated, the loss is comparable to losses experienced from previous fills created by the 5 USACE through disposal of navigation maintenance material removed during maintenance of the AIWW and portions of the channel passing through Cedar Bush Cut from the AIWW to the inlet. 14. According to Mr. Jarrett, based on the documented history of shoreline changes along the north end of North Topsail Beach, the recent acceleration in the rate of shoreline change is not related to the channel relocation project. See, Jarrett Erosion History Report. Instead, Mr. Jarrett states that much of the accelerated erosion can be attributed to the unnatural shoreline configuration created by the beach fill, i.e., the conditions that were causing the north end to erode prior to relocating the channel, such as the absence of a significant shoal on the south side of the inlet and the presence of flood channels, still persist. Mr. Jarrett states these conditions will continue to exist until such time the newly aligned channel effects the predicted changes in the ebb tide delta of New River Inlet. Until that time, waves will continue to impact the area in such a way as to cause accelerated sediment transport from the north end to New River Inlet. 15. According to the "Year 2 Post -Construction Physical Monitoring Report" dated October 2014 and prepared by CP&E ("Monitoring Report"), monitoring of the inlet has demonstrated some of the expected results are taking place with sand accumulating on the south side of the inlet. However, the rate of build-up, as predicted, has been relatively slow. As a result, the north end of North Topsail Beach has continued to experience high rates of erosion. As of August 2014, most of the fill placed north of the Topsail Reef Condominiums in February 2013 has been lost. 16. The FEIS stated the periodic maintenance of the ocean bar channel would be 3 necessary at approximately four-year intervals in order to keep the channel in its preferred position and alignment. Material removed to maintain the channel is to be used to provide periodic nourishment of the North Topsail Beach shoreline including the shoreline nourished during Phase 1. 17. The USACE permit allows maintenance of the channel to be accomplished once every four years providing one of two channel maintenance thresholds are met. One channel threshold is associated with shoaling of the channel and the second is based on the position and alignment of the channel. Following Phase 1's completion in February 2013, the Town is not permitted to maintain the channel until the 2016/2017 environmental dredge window. 18. Based on site photographs taken in late September 2014, the final remnants of the artificial dune which was part of the Phase 1 project and was evident in August 7, 2014 photos, has completely eroded. 19. In addition to the threat to homes, flooding of the area has increased with flood waters spilling on to New River Inlet Road and side streets at least four times in late-2014 during high tides. Larger Sandbag Revetment CAMA Permit Process 20. Beginning in the early summer of 2014, Town and its agents contacted DCM and inquired about possible options for protecting homes at the Site from erosion taking place following Phase 1. DCM issued a modification to permit No. 191-05 on August 14, 2014 authorizing sand from an upland source to be placed at the Site. This permit was originally issued on December 5, 2005 following Hurricane Ophelia and authorized dune reconstruction at the Site. The Town has not undertaken the work authorized by the modified permit. II 21. On or about August 15, 2014, the Town, with help from its CP&E consultants Tom Jarrett and Ken Willson, submitted a CAMA Major Permit Application seeking to install approximately 1,450 linear feet of geotextile tubes (7.5 feet tall and 45 feet circumference) at the Site. This permit application was deemed complete (except for the receipt of all of the easement agreements) by DCM on August 27, 2014, and was sent to the resource agencies for comment as part of the CAMA Major Permit process. Because the proposed geotextile tube was inconsistent with the Commission's rules limiting the size of sandbags used for temporary erosion control, DCM planned to deny this permit application after the public notice period ended on September 19, 2014. The Town indicated it planned to seek a variance from this denial. 22. On September 18, 2014, DCM received a request from the Town that the initial geotextile tubes proposal be modified by adding 35,000 to 50,000 cubic yards of sand in a "sand bench" to raise the elevation of the beach at the Site to approximately 6 feet in elevation, and to place the geotextile tube on top of the "sand bench." DCM determined that the significant changes and increased scope of the modified project required a new application for a CAMA permit from the Town, including new notice of the modified project to the public and adjacent neighbors, and new review by the resource agencies. 23. Following discussions between the Town, its agents, DCM and other resource agencies, the Town submitted its proposal with a final sandbag design on September 26, 2014. On October 3, 2015, DCM determined the new CAMA Major Permit application was complete. On October 2, 2014, DCM retired the Town's initial application following receipt of the new application for a CAMA Major Permit based on the modified design. 24. The final design requested permission to install sandbags at the Site from the I existing larger sandbag revetment at Building No. 1 of Topsail Reef extending north approximately 1,450 feet parallel to the existing shoreline. A 50-foot return wall would extend landward from the north end of the sand bag structure just north of the home located at 2378 New River Inlet Road. A plan view of the sand bag revetment and a typical cross-section view of proposed revetment were provided to the Commission in the stipulated exhibits. The proposed borrow site for the sand needed to fill the proposed sandbags is an area of approximately five acres on the point, just north of the Site, also called "the spit." 25. Topsail Reef received two variances from the Commission in July 2012 and October 2014 to construct a revetment just south of the Site similar to the larger size sandbag structure proposed by the Town. 26. The proposed sandbag revetment would follow an alignment roughly parallel to the seaward -most support piles of the threatened residential structures with the landward toe of the revetment positioned as close as practical to the front support piles of the structures. In this regard, the authorized temporary erosion control structure would be located no more than 45 feet waterward of the waterward most pilings of those buildings controlling the alignment of the temporary erosion control structure from 2304 New River Inlet Rd. to the northern terminus of the temporary erosion control structure, namely those structures at: 2304 New River Inlet Road, 2314 New River Inlet Road, 2354 New River Inlet Road, 2362 New River Inlet Road, 2368 New River Inlet Road, and 2378 New River Inlet Road. No portion of the temporary erosion control structure between 2304 New River Road and the southern terminus of the temporary erosion control structure will be located more than 115 feet waterward of the waterward most piling of each building. 27. As part of the CAMA Major Permit Application process, adjacent neighbors and the public were given notice of the Town's CAMA permit application including the final design for the sandbag revetment through publication in the Star News on October 8, 2014. DCM staff received only one comment —an objection from the adjacent riparian property owner of Topsail Reef, which was later withdrawn. 28. Also as part of the CAMA Major Permit application process, the Town's application, Field Report, and other materials were sent to resource agencies for comment. Of the agencies responding, the DCM Fisheries Specialist raised concerns about the impact of the project on the surf zone habitat. DCM did not deem these concerns sufficient to support permit denial. 29. On October 21, 2014, DCM staff conducted a site visit of the subject area and determined that "site conditions [had] deteriorated and emergency action is warranted". Consequently, at the Town's request, the DENR Secretary authorized the issuance of an Emergency CAMA Major Permit, which allows DCM discretion to suspend public notice, adjacent riparian notice, and the normal agency coordination process. Once the emergency permit authority was activated for the Site, DCM coordination with federal agencies was halted. 30. On October 24, 2014, DCM issued CAMA Emergency Major Permit 92-14 to the Town, authorizing its final design, but conditioning this approval on compliance with the Commission's rules limiting the size of sandbag structures to a base width of 20 feet and a height of 6 feet. 31. The Town stipulated that its "final" design proposal was inconsistent with the Commission's rules limiting the size of sandbag structures. 10 32. On November 7, 2014, DCM received the Town's 2014 variance petition The Town also requested an expedited hearing before the Commission's scheduled December meeting. 33. The tax value of the structures at the Site and their lots total about $9 million, and their loss from the tax base would reduce the annual tax revenue of the Town by $35,388 based on the proposed 2015 tax rate of $0.3932 per $100. 34. The proposed larger sand bag revetment in the 2014 variance request was intended to protect the 20 threatened residential structures for at least two and a half years or until such time the beach fill provided under Phase 1 of the North Topsail Beach shoreline/inlet management plan can be renourished. In addition, the Town is committed to managing the north end shoreline by maintaining the preferred position and alignment of the New River Inlet ocean bar channel and using the material removed to maintain the channel to nourish the northern 7.25 miles of its ocean shoreline. Both the channel maintenance program and periodic nourishment are intended to maintain and/or preserve the dune and beach system in as near a natural state as possible. 35. On October 15, 2014, the Town's Board of Aldermen passed resolution 2014-13 which allowed for a special assessment to be imposed pursuant to NCGS 160A-238, in order to fund the larger sandbag structure proposed in this variance, with 50 percent of the total cost (which was estimated to be approximately $2.3 million for the total project) paid by the 39 parcel -owners identified in the resolution based on oceanfront frontage. This assessment resolution was the subject of a public hearing on November 6, 2014. On November 6, 2014, the Town passed resolution 2014-16 confirming the assessment. Draft meeting minutes reflect the five public comments received. On November 14, 2014, the Town issued a Notice of Special Meeting scheduled for November 19, 2014 to receive recommendations on the selection of a contractor for this sandbag project. The Town Board passed the resolution, and is now waiting to tally the final costs of the project before starting the assessment process. 36. In its November 2014 variance request, the Town sought a variance of conditions I and 2 of CAMA Major Permit No. 92-14. Specifically: The Town is requesting a variance to condition 1 in that the Town proposes to construct a temporary erosion control structure with a base width of 45 feet and a height sufficient to achieve an elevation of+12.0 ft. NAVD. The Town is requesting a variance to condition 2 in that the Town proposes that no portion of the authorized temporary erosion control structure shall be located more than 45 feet waterward of the waterward most pilings of those buildings controlling the alignment of the temporary erosion control structure from 2304 New River Inlet Rd. to the northern terminus of the temporary erosion control structure, namely those structures at: 2304 New River Inlet Rd., 2314 New River Inlet Rd., 2354 New River Inlet Rd., 2362 New River Inlet Rd., 2368 New River Inlet Rd., and 2378 New River Inlet Rd. No portion of the temporary erosion control structure between 2304 New River Road and the southern terminus of the temporary erosion control structure will be located more than 115 feet waterward of the waterward most piling of each building. November 2014 Variance Hearing 37. At an expedited hearing on November 19, 2014, the Commission heard the Town's 2014 Variance Petition for larger sandbags than allowed by law. The Commission voted to grant the Town's request for a variance and allow it to install sandbags larger than those allowed by rule, up to a base width of 45 feet and an elevation of +12.0 ft. NAVD. The Commission also granted the Town's request to go waterward by as much as 115 feet from the UN waterward pilings. On November 24, 2014, the Commission issued a written Final Agency Decision granting the Town's request. 38. An additional 275 linear feet of sandbags authorized in the traditional 6 foot by 20 foot configuration were added to CAMA Major Permit No. 92-14 through a minor modification in order to protect additional properties to the north of the originally permitted larger sandbag structure. Geotextile Tubes as Construction Method Modification Request 39. On November 24, 2014, Town consultant Tom Jarrett called DCM with a request to further modify CAMA Major Permit No. 92-14 in order to down -scale the size of the sandbag structure from the 45 feet by +12.0 R. NAVD allowed by the Commission, to a smaller structure. DCM Staff confirmed to the Town that a smaller structure, within the limits set by the variance, was allowable. 40. Later on November 24, 2014, DCM received another call from the Town's agent with a request to allow the use of a temporary geotextile containment tube to stabilize the project area while the larger sandbag structure was being installed. This was the first time the Town raised this proposal. 41. In a series of emails and a report during the November 24-26, 2015 period, the Town formalized its request to use the geotextile tubes as a temporary construction method, and made a commitment to remove them following the installation of the approved sandbag revetment. This request also showed the reduction in size of the proposed sandbag structure, now proposed with an elevation of 7.5 feet - 9.0 feet above grade instead of the elevation of +12.0 feet NAVD proposed and granted by variance. 13 42. The Town's stated purpose for using the geotextile tube was two -fold: 1) The tube would allow for a safer work environment landward of the tube to expedite the installation of the sandbag revetment; and 2) The tube would stabilize the area around the foundations of the houses and the property between the landward side of the houses and the road. In discussions with DCM Staff, the Town confirmed that these geotextile tubes were to be used as a temporary, construction method only, were not to be part of the sandbag structure's design, and were to be removed immediately following construction of the sandbag revetment, along with the scour apron and chock tubes, which were also inconsistent with the Commission's rules 43. The permit issued by DCM on November 26, 2014, permitted the Town to use a temporary geotextile tube for construction purposes during sandbag installation. 44. Condition 11 of CAMA Major Permit No. 92-14 as amended on November 26, 2014, states: In accordance with commitments made by the permittee, the authorized temporary construction containment tube used to assist in the safe construction of the authorized temporary sand bag revetment shall be removed in its entirety either immediately upon project completion, or by May 21, 2015, whichever is sooner. Additionally, should the Division of Coastal Management determine that the temporary construction containment tubes are no longer needed or are no longer serving their intended purpose of providing a safe work environment landward of the tubes, the tubes shall be removed immediately upon written notification by the Division. 45. The temporary geotextile tube was permitted for construction purposes only and was not originally intended to be a lasting feature of the sand bag revetment. Both the Town and the Town's consultant agreed to this in writing. 14 Construction of the Sandbag Revetment 46. Mobilization of equipment to the project area began on December 9, 2014. 47. A geotextile tube was filled in place on top of a scour apron seaward of the proposed sand bag revetment location. The first tube was placed December 13, 2014 (Project Narrative Figure 1). The tenth tube was placed December 22, 2014 (Project Narrative Figure 2). 48. The original plan was to extend the tube south along the shoreline and terminate in a shore parallel orientation 50 feet north of the Topsail Reef sandbag revetment. 49. During the installation of the tube, the contractors and engineer observed high velocities of water flowing out of the protected area during ebbing tides. If such flows were channeled toward the Topsail Reef revetment, there would be a high probability of scour occurring around the base of the Topsail Reef return wall. The contractor and CPE-NC agreed to turn the southern end of the tube landward and tie into high ground in order to avoid such a scenario. Figure 2 on the Project Narrative shows the orientation of the southernmost tube after installation. 50. The geotextile tube worked as designed providing temporary protection to the work area and preventing further loss of sand from the project area during the construction of the sandbag revetment. The nominal dimension of the temporary tube is 30 feet in circumference. The tubes achieved variable heights of approximately 3 to 5 feet and a width of 12 feet. Individual tubes range in length from 100 to 150 feet. 51. Following a break over the Christmas holiday, the contractor returned to the project site on December 28, 2014 and began laying the base layer of the sand bag revetment in the vicinity of 2378 New River Inlet Road on the northern end of the project area. 15 52. On January 14, 2015, the contractor cut through the southernmost temporary tube in order to construct the sand bag revetment. Over the course of the following two weeks the southernmost tube deflated and the remains of the southern -most tube, scour apron, and chock tube were removed. 53. Construction of the sand bag revetment extending approximately 1,500 feet north from Topsail Reef was substantially completed on February 25, 2015. Approximately, 1,350 feet of the tube is still in place fronting the revetment from 2378 to 2290 New River Inlet Road. On February 24, 2015, the Town's authorized agent sent DCM an email indicating that construction on the sand bag revetment was complete. 54. Beginning around December 1, 2014 work on Phase 5 of the Town's project began to place a 14 feet + NAVD by 25 foot wide dune with a 45 foot wide berm waterward of the dune at the western -most portion of the Town's larger project area. That sand was dredged from an offshore borrow site approximately one half to one and one half miles offshore from the northern extent of Phase 5. The dredging operations for Phase 5 ended on Saturday, June 20, 2015 and demobilization efforts are underway now. The Town's consultant CP&E plans to do a survey of Phase 5 in July. Request to keep the Geotextile Tube and Notice of Violation 55. On February 27, 2015, DCM sent a letter to the Town Manager notifying the Town that it needed to begin removing the geotextile tube. 56. On March 5, 2015, CPE-NC sent a letter to DCM requesting further modification to CAMA Major Permit No. 92-14 as modified on November 26, 2014, allowing the geotextile tube to remain for the duration of the permit. 16 57. On March 12, 2015, DCM's Major Permit Manager Doug Huggett responded to the request via email indicating a modification to allow these structures to remain would be inappropriate given that this was now a permit compliance issue, and that the request was incomplete. 58. On March 20, 2015 the Town's authorized agent from CP&E responded to DCM's request to remove the geotextile tube. 59. On March 26, 2015, DCM issued a Notice of Violation (NOV) to the Town as the construction of the sand bag revetment was complete but the Town had not removed the temporary geotextile tube. DCM also issued a proposed restoration plan requiring removal of the geotextile tubes. 60. On April 24, 2015, DCM issued a revised restoration plan to the Town, indicating that it could either remove the geotextile tubes as promised, or could proceed to seek a variance from the Commission during with the upcoming July 15, 2015 meeting for permission to keep the geotextile tubes in place for some period of time. 61. On May 4, 2015, the Town signed and returned the revised restoration agreement, indicating that they wished to proceed with the variance process at the Commission's July 15, 2015 meeting. Application for Major Modification to CAMA Major Permit No. 92-14 62. Pursuant to the revised restoration plan, on May 1, 2015 the Town sent a revised major modification request, which DCM accepted as complete, seeking to retain the geotextile tubes as a pan of its temporary erosion control structures. Section 8a of the modification request states that the tubes would "...remain in place until the Onslow maintenance navigation and 17 disposal of material along the north end of North Topsail Beach can occur, or until March 31, 2016." 63. As part of the CAMA Major Permit Modification Application process, adjacent neighbors and the public were given notice of the Town's CAMA permit application through publication in the Star News on May 11, 2014. No comments were received. 64. Also as part of the CAMA Major Permit Modification application process, the Town's application, Field Report, and other materials were sent to resource agencies for comment. Of those agencies responding, the DCM Fisheries Specialist raised concerns regarding the proposal due to concerns about surf zone habitat, though DCM did not deem these concerns sufficient to support permit denial. Comments were also received from the Wildlife Resources Commission, raising concerns about the project. 65. On June 2, 2015, DCM denied the Town's request because the geotextile tube design was inconsistent with the Commission's rules regarding temporary erosion control devices found at 15A NCAC 7H. 0308(a)(2)(K) and (L) which regulate the size of sandbags and prohibit the use of anchoring devices for sandbags. Onslow County's Proposed Shallow -Draft Inlet Navigation Project 66. Onslow County, in cooperation with the Town, is in the process of seeking non- federal permits that will allow the County to maintain authorized federal navigation channels in the vicinity of North Topsail Beach including the channel through Cedar Bush Cut, the southern portion of New River, and sections of the AIW W where these channels meet. In accordance with the permit request, the material removed to maintain the channels would be deposited along portions of the north end of North Topsail Beach including the area immediately fronting the 18 sand bag revetment. The application for this project was accepted as complete on June 4, 2015 by DCM, with the exception of the signed certified mail receipts, and is currently being circulated for comment through the CAMA major permit process. Tom Jarrett projects that between 65,000 and 110,000 cubic yards of sediment will be deposited from this project on about 3,000 feet of shoreline along the extreme North End of North Topsail Beach. 67. Onslow County hopes to have the permits in time to perform the maintenance dredging during the upcoming environmental dredging window, which runs from November 16, 2015 to March 31, 2016. 68. A cost estimate was developed for construction of the Onslow County project including development of bidding documents and contractor coordination, dredge mobilization, cost to pump sand to beach, and construction observations. The cost to implement this alternative is estimated at $1,694,500. The state, county, and North Topsail Beach have shared the permitting costs and there are verbal commitments by all three entities to share the cost of construction as well. Based on the project plan, the Town would be responsible for 25 percent of the total cost ($423,625.00). The Town's Consultant's Reports 69. In a March 18, 2015 letter from CP&E to DCM, Tom Jarrett opines that the geotextile tube along the north end of the sand bag revetment continues to provide vital scour protection and its removal prior to the placement of the navigation maintenance material could result in dramatic failure of a portion of the sand bag revetment. According to a March 5, 2015 letter from CP&E to DCM, significant accretion of sand has occurred along the southern portions of geotextile tube throughout the last month of construction. Approximately 1,000 feet of the 19 southern portion of the containment tube has been partially or completely covered with sand. According to Mr. Jarrett, given the amount of burial that has taken place, the excavation and removal of the geotextile tube at this point would likely be detrimental to the integrity of the sand bag revetment. 70. In addition, according to Mr. Jarrett, the tubes have not had any noticeable adverse impact on the adjacent shorelines based on a comparison to revetments composed of only sand bags. Mr. Jarrett further opines that allowing the geotextile tube to remain until March 31, 2016 or the completion of Onslow County's channel maintenancelbeach disposal activities, whichever is later, would not have any greater negative impact on adjacent properties than the impacts associated with the sand bag revetment itself. See March 5, 2015 letter from CP&E to DCM. 71. in Mr. Jarrett's opinion, the rapidly changing conditions along the north end of North Topsail Beach and the accelerated rate of material lost has made it abundantly clear that the sand bag revetment alone will most likely not be able to protect the homes or the roads in this area for a sufficient amount of time to allow for gradual recovery of the shoreline associated with the channel realignment project. See March 5, 2015 Letter from CP&E to DCM. 72. The Year 2 Post -Construction Physical Monitoring Report (included as a stipulated exhibit provided to the Commission) suggests that the ebb shoal is reconfiguring to a preferred alignment as designed; however as stated in the engineering documents, this process will take time. 73. The commitments by the Town to remove the sand tubes in accordance with the permit conditions were based on the Town's Consultant's belief that the sand bag revetment 20 alone would be able to provide the degree of protection needed to preserve the area until the inlet channel relocation project begins to produce measurable positive impacts on the area. In spite of this request for a permit modification to extend the time allowed for the geotextile tube to remain in place, the Town remains committed to removing the geotextile tubes once the channel maintenance activities are completed and the area exhibits signs of continued recovery/stabilization. 74. The stated purpose of the channel realignment project constructed by the Town between December 2012 and February 2013 under CAMA Major Permit No. 79-10 was to induce reconfiguration of the ebb delta by redistributing material from the north side of the delta to the south side. 75. According to the Town's consultants, a build-up of material on the south side of the ebb tide delta would provide a higher degree of wave sheltering to the north end of North Topsail Beach which should eventually lead to a reduction in shoreline erosion rates immediately south of the inlet in the short term and possibly some widening of the beach in the long term. 76. According to the Town's consultants, the actual time for the shoreline between stations 1140+00 (area from between Topsail Reef Buildings Nos. 5 and 6) and 1160+00 (south shoulder of New River Inlet) to respond to the new channel cannot be made with a high degree of certainty; however, significant accretion should occur within five years with full recovery occurring within 15 years following the channel relocation. 77. Representatives of the Town state that the Town is committed to establishing and maintaining a healthy beach along the north end of the Island. The Town contends that it has also shown a commitment to protect New River Inlet Road to allow the ocean front property owners 21 as well as those property owners along Oyster Lane, Port Drive, River Drive, and the Beach Club to continue to have access to their property, as shown by the Sand Bag Revetment project. A History of the Commission's Examination of the Use of Geotextile Tubes 78. At the September 16, 2010 Commission meeting, DCM Staff presented information to the Commission about the use of geotextile tubes for temporary erosion control, following Spencer Rogers' presentation at the July 2010 Commission meeting suggesting their use as another method of temporary erosion control. 79. At the 2010 presentation, Staff raised public safety concerns about the geotextile tubes stability, ability to roll, and their difficulty to climb when uncovered. Due to these concerns, Staff recommended against rulemaking to allow geotextile tubes. Following this presentation, the Commission took no action to initiate rulemaking regarding geotextile tubes. 80. At the April 29, 2015 Commission meeting, DCM Staff presented a PowerPoint similar to that used in 2010, and raised the same public safety concerns about geotextile tubes, and again recommended against rulemaking to allow the use of geotextile tubes as another method of temporary erosion control. The Town's Variance Request 81. The Town is requesting a variance from 15A NCAC 7H. 0308(a)(2)(K) and (L), as noted in the June 2, 2015 CAMA major modification denial, in order to keep the geotextile tubes in place as a part of the temporary erosion control sandbag structures until March 31, 2016 or the completion of Onslow County's channel maintenance/beach disposal activities, whichever is later. 22 STIPULATED EXHIBITS Included with the Petition and the Staff Recommendation for the Commission's review were the following Stipulated Exhibits: • All Exhibits for CRC-VR-14-16, as well as the following new exhibits: • Major Permit Modification Application submitted by the Town to the DCM, May 1, 2015, together will all forms, attachments and appendices. • Correspondence from the DCM to the Town, dated February 27, 2015. • Correspondence from Coastal Planning and Engineering of North Carolina, Inc. to DCM, March 5, 2015 • Correspondence from Coastal Planning and Eng of NC, Inc. to DCM, March 18, 2015 • June 25, 2015 Statement of Tom Jarrett, P.E. • Updated PowerPoint with aerial and ground level site photographs • CRC's November 24, 2014 Final Agency Decision granting 2014 Variance petition • Modification to CAMA Major Permit #92-14 authorizing "regular" sized bags, north end • Email chain from November 24-26, 2014 regarding the geotextile tube request, including commitments to remove • Report from Town re use of geotextile tubes and new proposed size of sandbag structure • Permit #92-14 as Amended on November 26, 2014 • Project Narrative from Town • Correspondence from DCM to Town on March 12, 2015. • March 20, 2015 response from Town to DCM • March 26, 2015 NOV and restoration plan • April 24, 2015 revised restoration plan • May 4, 2015 signed copy of revised restoration plan 23 Comments from permit review process from DCM Fisheries Specialist and WRC DCM Field Report for modification request • June 2, 2015 DCM Denial letter 2010 PowerPoint re: geotextile tubes by DCM to CRC • 2015 PowerPoint re: geotextile tubes by DCM to CRC CONCLUSIONS OF LAW The Commission has jurisdiction over the parties and the subject matter. 2. All notices for the proceeding were adequate and proper. 3. Petitioner has met the requirements in N.C.G.S. § 113A-120.1(a) and 15 NCAC 07J .0703(o which must be found before a variance can be granted as set forth below. A. Strict application of Ocean Hazard Rules will cause unnecessary hardships. The Commission's rules relating to the Ocean Erodible, High -Hazard Flood and Inlet Hazard Areas of Environmental Concern set forth at 15A NCAC 7H .0301, .0302 and .0303 are designed to prevent danger to life, property and prevent encroachment of permanent structures on public beach areas. In addition, 15A NCAC 7H .0308 limits the use of erosion control structures to protect property by requiring temporary placement for a short period of time in order to minimize the loss of resources to erosion, while still protecting the public's right to use and enjoy the beach. The conditions in amended CAMA Major Permit No. 92-14 required the Town to remove the temporary containment geotextile tube immediately upon completion of the sandbag revetment or by May 21, 2015, whichever came first. The Town received a NOV based on its 24 failure to comply with the terms of the permit. Without the variance, the Town would be required to come into compliance with its permit and remove the temporary containment geotextile tubes. In its request for a variance, the Town stated that it completed Phase 1 of its multifaceted inlet and shoreline management plan in February 2013 which included repositioning the New River Inlet ocean bar channel. The material removed during this process was used as beach fill along 7,730 feet of shoreline south of New River Inlet. By August 2014, all of the fill material placed north of Topsail Reef had been lost. In response to the emergency situation created by the rapid deterioration of the fill, the Town applied for a permit to construct a sandbag revetment along approximately 1500 feet of shoreline north of Topsail Reef. DCM issued amended CAMA Major Permit No. 92-14 on November 26, 2014 pursuant to a variance the Commission granted the Town. The permit allowed the Town to use a temporary sand filled containment tube to provide protection to the area during installation of the sandbag revetment. The conditions of the permit required the temporary containment tube to be removed immediately upon completion of the sandbag revetment or by May 21, 2015, whichever occurred sooner. The sandbag revetment was essentially completed on February 25, 2015. However, in violation of the permit condition, approximately 1,350 feet of the containment tube are still in place fronting the revetment from 2378 to 2290 New River Inlet Road. The Town has provided information from its consultant Mr. Jarrett concluding that along portions of the revetment where the geotextile tube is exposed, the tube is providing scour protection to the sand bag revetment. Mr. Jarrett also opined that the premature removal of the partially buried and exposed geotextile tube will likely result in rapid scour along the toe of the sand bag revetment leading to the failure of the sand bag revetment and possible destruction of 25 the 20 residential structures located between Topsail Reef and New River Inlet. The Town provided information to the Commission that the tax value of these structures and their lots total roughly $9 million. If these properties are lost from the tax base, the Town's annual tax revenue of North Topsail Beach would be reduced by approximately by $35,388 based on the proposed 2015 tax rate of $0.3932 per $100. In addition, the loss of these 20 structures could have a secondary impact on the assessed value of other structures in the area. In addition to the potential loss of the 20 residential structures, the deteriorated condition of the shoreline on the north end of town has resulted in frequent episodes of wave over -washing of the beach berm and flooding of New River Inlet Road and connecting side streets. Continued recession of the shoreline could eventually undermine New River Inlet Road and cut off access to homes on the north end of town. Onslow County, in cooperation with the Town, is in the process of seeking non-federal permits that will allow the County to maintain authorized federal navigation channels in the vicinity of North Topsail Beach. In accordance with the permit request, the material removed to maintain the channels would be deposited along portions of the north end of North Topsail Beach including the area immediately fronting the sand bag revetment. The application for this project was accepted as complete on June 4, 2015 by DCM, with the exception of the signed certified mail receipts, and is currently being circulated for comment through the CAMA major permit process. Tom Jarrett projects that between 65,000 and I10,000 cubic yards of sediment will be deposited from this project on about 3,000 feet of shoreline along the extreme North End of North Topsail Beach. Onslow County hopes to have the permits in time to perform the maintenance dredging during the upcoming environmental dredging window, which runs from AM November 16, 2015 to March 31, 2016. The Commission affirmatively finds that strict application of the Rules would cause Petitioner unnecessary hardship insofar as requiring the Town to remove the geotextile tubes prior to the upcoming beach nourishment (planned for the 2015/2016 environmental dredging window) may cause damage to the 20 houses currently protected by the geotextile tubes without measurable improvement to the shoreline system. For these reasons, the Commission affirmatively finds that Petitioner has met the first factor without which a variance cannot be granted. B. Petitioner has demonstrated that the hardship results from conditions peculiar to Petitioner's property. The Commission affirmatively finds that Petitioner has demonstrated that the hardship results from conditions peculiar to the property. Specifically, the Site is located within the Inlet Hazard AEC for the New River Inlet and is influenced by the dynamic inlet processes. The behavior of the shoreline on the north end of North Topsail Beach is imminently tied to the position and alignment of the main bar channel of New River Inlet as shown by morphological studies of New River Inlet reported in the project EIS. The studies also identified a position and alignment of the bar channel that would provide a beneficial impact on the north end shoreline. Based on these studies, the Town of North Topsail Beach elected to artificially move the channel to the preferred position and alignment indicated by the morphological studies. The Town implemented Phase I of the channel realignment project channel and repositioning the channel was completed in February 2013. Prior to the channel realignment, the nodal influence on North Topsail Beach was enhanced due to the absence of significant shoal accumulations on the south side of the inlet. The absence of shoal material south of the inlet is one of the issues the channel 27 relocation project was designed to address, i.e., the purpose of moving the channel was to encourage the reconfiguration of the inlet's ebb tide delta through the redistribution of material from the north side of the inlet to the south side. Monitoring of the inlet since the channel was moved seems to indicate some redistribution of material is occurring; however, the process will take years before it has a significant positive impact on the north end of North Topsail Beach. Given the realignment of the channel and its impact on North Topsail Beach, the Commission affirmatively finds that Petitioner has demonstrated that the hardship results from conditions peculiar to the property and has met the second factor required for the grant of its request for a variance. C. Petitioner has demonstrated that the hardship does not result from actions taken by Petitioner. The Commission affirmatively finds that Petitioner has demonstrated that the hardship does not result from actions taken by the Petitioner. Specifically, the Town has done nothing to accelerate the erosion affecting the Site and has taken significant steps to address the problem, including the development and implementation of its Inlet Management Plan. While the losses from the beach fill have been higher than anticipated, the condition of most of the shoreline included in the Phase 1 fill is still better, in terms of the beach width measured at MHW than it was prior to construction of Phase 1. The exception, as previously noted, lies in the area north of Topsail Reef. The Town's commitments to remove the geotextile sand tube in accordance with the permit conditions when construction was completed was based on its belief that the sand bag revetment alone would be able to provide the degree of protection needed to preserve the area until the inlet channel relocation project begins to produce measurable positive impacts on the 28 area. However, the rapidly changing conditions along the north end of the island and the accelerated rate of loss of material from the area has made it abundantly clear that the sand bag revetment alone will not be able to protect the homes or the roads in this area for a sufficient amount of time to allow for gradual recovery of the shoreline associated with the channel realignment project. For these reasons, the Commission affirmatively finds that Petitioner has demonstrated that it has met the third factor required for a variance. D. Petitioner has demonstrated that the requested variance is consistent with the spirit, purpose and intent of the Commission's rules, will secure public safety and welfare, and will preserve substantial justice. The Commission affirmatively finds that Petitioner has demonstrated (a) that the requested variance is consistent with the spirit, purpose and intent of the Commission's rules, (b) that it will secure public safety and welfare, and (c) that it will preserve substantial justice. Specifically, the spirit, purpose and intent of the Commission's rules for the Ocean Hazard Area of Environmental Concern is to allow temporary erosion control for imminently threatened structures, while limiting the size of the individual sandbags and the dimensions of the overall structure that may be permitted. In 2003, CAMA was amended to include 113A- 115.1, which prohibited the use of erosion control structures along the ocean shoreline, except in a few specific situations. The Commission's rules allow for the continued use of "temporary erosion control structures" made of sandbags to protect imminently threatened structures within 20 feet of the erosion scarp. The installation and design standards in the Commission's rules reflect the temporary nature of the structures, and demonstrate that sandbags were not intended as large, permanent structures. As stated in 15A NCAC 07M.0202(e), these temporary measures 29 are to be used "only to the extent necessary to protect property for a short period of time until the threatened structures can be relocated or until the effects of a short-term erosion event are reversed." This rule demonstrates that sandbags should only offer immediate relief and time to find a permanent solution. The Commission's size limits on individual sandbags and limits on the overall structure size are intended to promote structural stability and effectiveness, while maintaining the temporary nature and the public's right of safe access to the beach. Given the Town's commitment to renourish the North Topsail Beach during the 2015/2016 dredging window, the Commission affirmative finds that Petitioner's proposed development is consistent with the spirit, purpose, and intent of the Commission's Rule as long as Condition No. 11 in amended CAMA Major Permit No. 92-14 is revised to allow the authorized containment tube to remain part of the temporary erosion control structures until June 30, 2016 or the Onslow County's channel maintenance/beach disposal activities are completed whichever comes first. The second assessment to be made is whether the variance proposed by the Petitioner will impact public safety and welfare. Petitioner submits, and the Commission agrees that if the deadline for removal of the geotextile tubes is extended, public safety and welfare will be protected insofar as the structures will receive some additional protection which may prevent their imminent destruction. Floating debris, submerged and/or hidden piles, as well as other anthropogenic items remaining once these properties are abandoned would pose a serious threat to the safety of the public that uses the area for recreational purposes. Allowing the containment tube to remain as part of the temporary erosion control structures until such time as navigation maintenance material is deposited or June 30, 2016 whichever comes first will significantly lessen any unreasonable danger(s) to life and adjacent property from the foregoing dangers. 30 Observations made during the construction process indicate the tubes have not had a noticeable adverse impact on adjacent shorelines as compared to revetments composed of only sand bags. Therefore, allowing the sand tube to remain for an extended period of time should not have any greater negative impact on adjacent properties than the impacts associated with the sand bag revetment itself. will have no adverse effect on public safety and welfare. Finally, the Commission agrees that a variance will preserve substantial justice by allowing the Town to use the geotextile tubes to stabilize the permitted sand bag revetment, preserve the work already done to protect the North End of the island, and preserve the interests of the Town and the North End property owners until such time as the deposit of navigation maintenance material takes place in 2015/2016, and the realignment of New River Inlet begins to yield positive effects. For these reasons, the Commission affirmatively finds that Petitioner has met the fourth factor required by N.C.G.S. § 113A-120.1(a) subject to the condition that the Town's temporary use of the geotextile tube will be extended no longer than June 30, 2016 or when the renourishment project is completed whichever comes first. During oral argument before the Commission, the Town explicitly agreed that it would remove the temporary geotextile tube when the beach renourishment project was completed or by June 31, 2016 whichever came first. ORDER THEREFORE, the Town's request for a variance from 15A NCAC 7H. 0308(a)(2)(K) and (L) in order to extend the time to keep the geotextile tubes in place as a part of the temporary erosion control sandbag structures is GRANTED subject to the condition that the geotextile tubes will be removed when Onslow County's channel maintenance/beach disposal project is 31 complete or by June 30, 2016 whichever comes first. The granting of this variance does not relieve Petitioner of the responsibility for obtaining any other required permits from the proper permitting authority. This variance is based upon the Stipulated Facts set forth above. The Commission reserves the right to reconsider the granting of this variance and to take any appropriate action should it be shown that any of the above Stipulated Facts is not true or has materially changed. This the 14`h day of August 2015. J�y�-� /1a/b4 Joe Oriwmjv Frank D. Gorham, III, Chairman Coastal Resources Commission W, CERTIFICATE OF SERVICE This is to certify that I have this day served the foregoing FINAL AGENCY DECISION upon the parties_ by the methods indicated below: Stuart Turille, Town Manager Town of North Topsail Beach 2008 Loggerhead Court North Topsail Beach, NC 28460 Brian E. Edes, Town Attorney Crossley McIntosh & Collier 5002 Randall Parkway Wilmington, NC 28403 Christine A. Goebel, Esq. Assistant Attorney General N.C. Department of Justice Braxton C. Davis Angela Willis Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 This the 141i day of August, 2015 Cer•lifred dAail/ Return Receipt Requested and Electronically: toWnmanager@north-topsail-beach.org U.S. Mail and Electronically at bedes@cmelawfirm.com Electronically at cgoebelli�ncdoi.gov Electronically braxton.davis@ncdenr.gov and angeta.willis@ncdenr.gov s< Mary case SpethlDepUty Attorney General and Commission Counsel N.C. Department of Justice P.O. Box 629 Raleigh, N. C. 27602 33 1e0IMtit APPLICATION for kLut"tu MAY 12 20115 dolor Development Pormlt y un-W1CIN kii LA. (last revised 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT !. Primary Applicant/ Landowner Information Business Name Town Of North Topsail Beach Project Name (if applicable) Sandbag Revetment Phase 1 Emergency Applicant 1: First Name MI Last Name Stuart Turille Applicant 2: First Name MI Last Name N/A N/A N/A If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City. State 2008 Loggerhead Court N/A North Topsail Beach NC ZIP Country Phone No. FAX No. 28460 USA 910 - 328 -1349 ext. n/a N/A - Street Address (if different from above) City Stale ZIP NIA N/A N/A NIA - Email townmanager@north4opsail-beach.org 2. Agent(Contractor Information Business Name Coastal Planning & Engineering Of No, Inc. Agent/ Contractor 1: First Name MI Last Name Kenneth N/A Willson Agent/ Contractor 2: First Name MI Last Name N/A N/A N/A Mailing Address PO Box City State 4038 Masonboro Loop Rd N/A Wilmington NC ZIP Phone No. 1 Phone No. 2 28409 910 - 791 - 9494 ext. 910 - 264 - 2166 ext. n/a FAX No. Contractor # 910 791 4129 Street Address (ifdilferent from above) City Slate ZIP N/A N/A NIA N/A - Email kenneth.willson@cbi.com <Form continues on back> 1M RECEIVED OCM WILMINGTON, NC .. 1-88b-4R.Cf+,A9.,^T .. +-•, ;n•w.l�cc na a: ;!:: r;:as{�=!ne!!`.nei Form DCM MP-1 (Page 2 of 5) APPLICATION for RECEIVED Major Development Permit KY 12 2015 3. Project Location'""' .' County (can be multiple) Street Address State Rd. # Onslow New River Inlet Road N/A Subdivision Name City State Zip N/A North Topsail Beach NC - 28460 - Phone No. Lot No.(s) (rfmany, attach additional page with list) 910 - 328 -1349 ext. n/a WA, I I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project White Oak River Basin New River Inlet and Atlantic Ocean c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural []Manmade ❑Unknown New River Inlet and Atlantic Ocean e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes []No work falls within. North Topsail Beach 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) Approximately 1350 ft. 16,200 sq. ft. c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or n/a, NWL (normal water level) (if many lot sizes, please attach additional page with a list) 5 ft. MHW ❑NHW or ❑NWL e. Vegetation on tract No vegetation is present due to presence of sandbag revetment, past erosion and construction activities associated with Phase I of the beach management project. I. Man-made features and uses now on tract There are currently 20 residential structures located along the ocean shoreline north of the Topsail Reef Condominiums. New River Inlet Road is located immediately landward of the homes. The residential structures serve as both permanent residences and rental properties. A sand bag revetment was constructed along approximately 1,500 ft. of shoreline, north of Topsail Reefs Condominiums in February 2015. The revetment includes a 50 ft. return wall that extends from the northern terminus of the revetment perpendicular to shore and ties into the existing upland dune system. An additional 330 ft. segment of the revetment extends north of the initially constructed revetment. g. Identify and describe the existing land uses ad'acen to the proposed project site. The property immediately south of the installed sand tube is occupied by oceanfront residential condominiums. To the north, the area is undeveloped and bounded by New River Inlet. The Topsail Reef Condominiums are protected by a sandbag revetment installed in 2012. h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? R-1 Residential (Attach zoning compliance certificate, If applicable) ®Yes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes ®No ❑NA If yes, by whom? N/A 1. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ®No LIMA National Register listed or eligible property? r' f,,_ r r— <Form continues on next page> DCM WILMINGTON, NC MAY 0i7015 J >.'. L'^'�'J nli^L Pi 3i .. '1-��vu •'.{! v'�3ST .. iN`FJ4`il.e1."..C::?•_d.:�. <,t ee ii:i ij F"+§': �:'i n.:ECE Form DCM MP-1 (Page 3 of 5) APPLICATION for RECEIVED Major Development Permit wy 19 7015 m. (1) Are there wetlands on the site? ❑Yes ®No cr�n.+nvc�tr (11) Are there coastal wetlands on the site? ❑Yes ®No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? []Yes ❑No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. n/a o. Describe existing drinking water supply source. n/a p. Describe existing storm water management or treatment systems. n/a 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑PublictGovernment ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The Town of North Topsail Beach believes leaving the temporary containment sand tubes in place continues to provide vital scour protection to the sand bag revetment constructed in February 2015, and its removal prior to the placement of navigation maintenance material could result in dramatic failure of a portion of the sand bag revetment. 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. n/a d. List all development activities you propose. The Town proposes to leave the temporary containment sand.tube in place until March 31, 2016 or upon completion of the Onslow County channel maintenance activates. e. Are the proposed activities maintenance of an existing project, new work, or both? maintenance f. What is the approximate total disturbed land area resulting from the proposed project? 16,200 ®Sq.Ft or []Acres g. Will the proposed project encroach on any public easement, public accessway or other area ®Yes ❑No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. N/A I. Will wastewater or stonnwater be discharged into a wetland? ❑Yes ®No ❑NA - If yes, will this discharged water be of the same salinity as the receiving water? []Yes []No ®NA j. Is there any mitigation proposed? []Yes ®No ❑NA If yes, attach a mitigation proposal. RECEIVED <Form continues on back> DCM WILMINGTON, NO MAY 0 12015 252—�08-28t38 .. 3-Ei3£i-={iiCtS ,:Se .. Form DCM MP-1 (Page 4 of 5) RECEIVED APPLICATION for MAY 12 7015 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 lobe complete. Items (a) — (f) 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 mall. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name George and Diann Vann Phone No. Address 2386 New River Inlet Rd., 12926 Couples PI., Waldorf, MD 20601 Name Wayne and Margaret Nielson Phone No. Address 19471 Youngs Cliff Rd., Sterling, VA 20165 Name George Neal III Phone No. Address 3203 Henderson Rd., Greensboro, NC 27410-6032 g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and Issuing dates. Permittee: Town of North Topsail Beach (management plan) DOA Permit SAW-2005-00344 Permittee: Town of North Topsail Beach (management plan) CAMA Permit 79-10 Permifee: Town of North Topsail Beach (Off -Island Truck Haul) CAMA Permit 191-05(As modified) Permittee: Town of North Topsail Beach (Sand Bag revetment CAMA Permit 92-14 (As Amended) Permittee: Town of North Topsail Beach (Sand Bag revetment) DOA Pemit SAW-2014.01700 h. Signed consultant or agent authorization forth, if applicable. I. Welland 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. 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify th the information provided in this application is truthful to the best of my knowledge. Date �7/ Print Name Xell rl . n yl 9/1' Signature�G �V Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-3 Upland Development ❑DCM MP-5 Bridges and Culverts RECEIVED DCM WILMINGTON, NC MAY 0 12015 �52-�?€).'s,-28ii3 .. '1-h°i1-•1 :, L`r?�sR" .. .,;w4r,.,.,cc:._�:�i.;saraa r e;x•aer �t. r.e. Form DCM MP-1 (Page 5 of 5) APPLICATION for Major Development Permit ®DCM MP-4 Structures Information RECEIVED MAY 12 2015 RECEIVED DCM WILMINGTON, NC MAY 0 12015 252.808-e805 ,. I-T338-41RCOA T :: w�raw.n Wiz: a�a�i�:3manag�gnem4.a:et Forum DCM MP-4 STRUCTURES (Construction within Public Trust Areas) RECEIVED 14AY 12 1015 r;n�":;1rI1lN bll:! 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. 9. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: ❑Commercial ❑Public/Govemment ❑Private/Community c. (i) Dock(s) and/or piers) (ii) Number (Ili) Length _ (iv) Width _ (v) Floating []Yes []No e. (i) Are Platforms included? []Yes []No If yes: (ii) Number (111) Length _ (iv) Width _ (v) Floating ❑Yes ❑No Note: Roofed areas are calculated from dripline dimensions. g. (1) Number of slips proposed (ii) Number of slips existing 1. Check the proposed type of siting: ❑ Land cut and access channel []Open water; dredging for basin and/or channel ❑Open water; no dredging required []Other; please describe: k. Typical boat length: _ m. (1) Will the facility have tie pilings? ❑Yes ❑No (ii) If yes number of tie pilings? ®This section not applicable b. (i) Will the facility be open to the general public? ❑Yes []NO d. (!)Are Finger Piers included? []Yes ❑No If yes: (ii) Number _ (iii) Length (iv) Width _ (v) Floating []Yes []No f. (i) Are Boatlifts included? ❑Yes []No If yes: (ii) Number (iii) Length _ (iv) Width h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies ❑ Dockage ('wet slips") only, number of slips: ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). I. (1) Will the facility be open to the general public? ❑Yes []No RECEIVED DCM WILMINGTON, NC MAY 0 12015 Fcsr n DC51c 4`'m (�`i `zYK:'.'liS�e S� pazee[ <. *"r 4) Z DOCKING FACILITY/MARINA OPERATIONS ®This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number. Location: RECEIVED ❑ Showers MAY 12 2015 ❑ Boatholding tank pumpout Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge" signs proposed. (ii) Give the location and number of "Pumpoul Available" signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake" signs proposed. i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? RECEIVED m. Is the marina/docking facility proposed within a primary or secondary nursery area? DC"M WILMINGTON, NC ❑Yes ❑No MAY 0 12015 Fgrnl Dcnrl MP-4 i w n. Is the marinaldocking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes ❑No o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. RECEIVED ❑CW ❑SAV ❑SB _ OWL ❑None MAY 12 2915 �rsryA_tWnk1 �;IP� p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes ❑No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 13. ,BOATHOUSE (including covered lifts) ®This section not applicable a. (i) Is the boathouse slructure(s): ❑Commercial ❑Public/Government ❑Private/Community (ii) Number _ (iii) Length _ (iv) Width _ Note: Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable a. (i) Number (11) Length (if) Width _ 15. BREAKWATER'(e.g., wood, sheetpile, etc.) ®This section not applicable a. Length c. Maximum distance beyond NHW, NWL or wetlands b. Average distance from NHW,NWL,orwellands 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): ❑Commercial ❑Public/Governmenl ❑Private/Community c. Distance to be placed beyond shoreline _ Note: This should be measured from marsh edge, if present. e. Arc of the swing 7. GENERAL b. Number _ d. Description of buoy (color, inscription, size, anchor, etc.) RECEIVED DCM WILMINGTON, NC MAY 132.'_$Sef3'iACESti•`_>f _e3L ,c .__ve.. .6,._°i L'.'u a. Proximity of structure(s) to adjacent riparian property lines n/a Note: For buoy or mooring piling, use arc of swing including length ofvesseL c. Width of water body n/a e. (i) Will navigational aids be required as a result of the project? []Yes ®No ❑NA (11) If yes, explain what type and how they will be implemented. n/a b. Proximity of structure(s) to adjacent docking facilities. n/a d. Water depth al waterward end of structure at NLW or NWL n/a 18. OTHER []This section not applicable a. Give complete description: A temporary sand -filled containment tube was constructed as part of the Phase I Emergency Sand Bag Revetment on the north end of North Topsail Beach, for the purpose of providing protection to the area during installation of the sandbag reventment. The containment tube is approximately 1,350 ft. long and 12 ft. wide, and affects approximatley 16,200 sq. ft. of shoreline. The containment tube was constructed at approximately 5 ft NAVD. The existing permit requires the temporary containment tube to be removed upon completion of the sandbag revetment, or May 21, 2015. whichever is sooner. Portions of the containment tube are alternatiely buried and covered depending on shoreline conditions; those exposed portions are providing scour protection of the sandbag revetment. Removal of the tube at this time may therefore result in rapid scour along the toe of the revetment, and subsequent failure of the revetment. The Town is seeking a permit modification to allow the temporary containment tube to remain in place until the Onslow maintenance navigation and disposal of material along the north end of North Topsail Beach can occur, or March 31, 2016. 5111 �a�S Dale North Topsail Beach Shoreline Protection Project -Phase 1 Emergency Sand Bag Revetment Project Name Town of Ncantorth Topsail Beach G /Ivy 1J Apple// P L%/AA� I/(A' ,y�rJc�ilp.''/,✓'? ° �/ Applicant Signature J RECEIVED MAY 12 2015 ,1y kvl-dwrnW lsI#Y RECEIVED DCM WILMINGTON, NC MAY 0 12015 308-:z3U: RM Mr-1 APPLICATION for Major Development Permit (last revised 12127106) MAY 12 2015 wr w-wria Mux. North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Town Of North Topsail Beach Project Name (if applicable) ( / Phase 1 Emergency Sandbag Revetment qd 7 Applicant 1: First Name MI Last Name Stuart Turille Applicant 2: First Name MI Last Name N/A N/A N/A If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State 2008 Loggerhead Court N/A North Topsail Beach NC ZIP Country Phone No. i FAX No. 28460 USA 910 - 328 - 1349 ext. n/a N/A - Street Address (d different from above) City State ZIP N/A N/A N/A N/A - Email townmanager@north-topsail-beach.org 2. Agent/Contractor Information Business Name Coastal Planning & Engineering Of Nc, Inc. Agent/ Contractor 1: First Name MI Last Name Kenneth N/A Willson Agent/ Contractor 2: First Name MI Last Name N/A N/A N/A Mailing Address PO Box 1 City State 4038 Masonboro Loop Rd N/A Wilmington NC ZIP Phone No.1 Phone No. 2 28409 910 - 791 - 9494 ext. 910 - 264 - 2166 ext. n/a FAX No. Contractor # 910 791 4129 Street Address (d different from above) City State ZIP N/A N/A N/A N/A - Email kenneth.willson@cbi.com <Form continues on back> IM RECEIVED DCM WILMINGTON, NC an a gomenr.net Form DCM MP-1 (Page 2 of 5) RECEIVED APPLICATION for Major Development Permit MAY 12 2015 3. Project Location County (can be multiple) Street Address State Rd. # Onslow New River Inlet Road N/A Subdivision Name City State Zip N/A North Topsail Beach NC 28460 - Phone No. Lot No.(s) (d many, attach additional page with list) 910 - 328 -1349 ext. n/a N/A, I , a. In which INC river basin is the project located? b. Name of body of water nearest to proposed project White Oak River Basin New River Inlet and Atlantic Ocean C. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade ❑Unknown New River Inlet and Atlantic Ocean e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. North Topsail Beach 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) Approximately 1350 ft. 16.200 sq. ft. c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or n/a, I NWL (normal water level) (if many lot sizes, please attach additional page with a list) 5 ft. MHW ❑NHW or ❑NWL e. Vegetation on tract No vegetation is present due to presence of sandbag revetment, past erosion and construction activities associated with Phase I of the beach management project. I. Man-made features and uses now on tract There are currently 20 residential structures located along the ocean shoreline north of the Topsail Reef Condominiums. New River Inlet Road is located immediately landward of the homes. The residential structures serve as both permanent residences and rental properties. A sand bag revetment was constructed along approximately 1,500 ft. of shoreline, north of Topsail Reefs Condominiums in February 2015. The revetment includes a 50 ft. return wall that extends from the northern terminus of the revetment perpendicular to shore and ties into the existing upland dune system. An additional 330 ft. segment of the revetment extends north of the initially constructed revetment. g. Identify and describe the existing land uses adiacent to the proposed project site. The property immediately south of the installed sand tube is occupied by oceanfront residential condominiums. To the north, the area is undeveloped and bounded by New River Inlet. The Topsail Reef Condominiums are protected by a sandbag revetment installed in 2012. h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? R-1 Residential (Attach zoning compliance certificate, if applicable) ®Yes []No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA If yes, by whom? N/A I. Is the proposed project located in a National Registered Historic District or does f involve a []Yes ®No ❑NA National Register listed or eligible property? DCM WILMINGTON, NO <Form continues on next page> 1r1AY 0 1 2015 :32,a U8�<<. �e <; - � z, -. �E,_.. a.,, -. •. ,_ .... c.-..,nan:agemews t.ne[ Form DCM MP-1 (Page 3 of 5) APPLICATION for RECEIVED Major Development Permit MAY t 2 7015 m. (i) Are there wetlands on the site? []Yes ®No �r.`NMr•4 G�� 1 (ii) Are there coastal wetlands on the site? []Yes ®No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? []Yes []No (Attach documentation, Aavailable) n. Describe existing wastewater treatment facilities. n/a o. Describe existing drinking water supply source. n/a p. Describe existing storm water management or treatment systems. n/a 5. Activities and Impacts a. Will the project be for commercial, public, or private use? []Commercial ❑PublictGovernment ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The Town of North Topsail Beach believes leaving the temporary containment sand tubes in place continues to provide vital scour protection to the sand bag revetment constructed in February 2015, and its removal prior to the placement of navigation maintenance material could result in dramatic failure of a portion of the sand bag revetment. 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. n/a d. List all development activities you propose. The Town proposes to leave the temporary containment sand tube in place until March 31, 2016 or upon completion of the Onslow County channel maintenance activites. e. Are the proposed activities maintenance of an existing project, new work, or both? maintenance I. What is the approximate total disturbed land area resulting from the proposed project? 16,200 ®Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area ®Yes ❑No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. N/A i. Will wastewater or stormwater be discharged into a wettand? ❑Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ®NA j. Is there any mitigation proposed? ❑Yes ®No ❑NA If yes, attach a mitigation proposal. RECEIVED <Form continues on back> DCM WILMINGTON, NC MAY 0 12015 Form DCM MP-1 (Page 4 of 5) RECEIVED APPLICATION for MAY 12 7015. Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following dams below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (f) are always applicable to any major development application. Please consult the application instruction booklet on how to property prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name George and Diann Vann Phone No. Address 2386 New River Inlet Rd., 12926 Couples PI., Waldorf, MD 20601 Name Wayne and Margaret Nielson Phone No. Address 19471 Youngs Cliff Rd., Sterling, VA 20165 Name George Neal III Phone No. Address 3203 Henderson Rd., Greensboro, NC 27410.6032 g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. Permittee: Town of North Topsail Beach (management plan) DOA Permit SAW-2005-00344 Permittee: Town of North Topsail Beach (management plan) CAMA Permit 79-10 Permittee: Town of North Topsail Beach (Off -Island Truck Haul) CAMA Permit 191-05(As modified) Permittee: Town of North Topsail Beach (Sand Bag revelment CAMA Permit 92-14 (As Amended) Permittee: Town of North Topsail Beach (Sand Bag revetment) DOA Pem@ SAW-2014-01700 h. Signed consultant or agent authorization form, if applicable. I. Welland 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. I understand that any permit issued in response to this application will allow only the The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify th/fit the information provided in this application is truthful to the best of my knowledge. n Date 7 / / / �� Print Name �rP�n �` , 11�j� (l ^f ` L�`f5�A Al -7 4 Signature G fL Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts RECEIVED ❑DCM MP-3 Upland Development DCM WILMINGTON, NC MAY 0 12015 ca 9 e m e n t. n et Form DCM MP-1 (Page 5 of 5) ®DCM MP-4 Structures Information APPLICATION for Major Development Permit RECEIVED MAY 12 2015 1+w yu'IM bliV RECEIVED DCM WILMINGTON, NC MAY 0 12015 •;ec., :w.oe�,.saaca l in an age in ent.net Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) RECEIVED MAY 12 2015 -,k-A-kwnN M-14y. 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. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: ❑Commercial ❑Public/Government ❑Private/Community c. (i) Dock(s) and/or pier(s) (ii) Number (iii) Length _ (iv) Width (v) Floating []Yes ❑No e. (i) Are Platforms included? ❑Yes ❑No If yes: (ii) Number (iii) Length _ (iv) Width (v) Floating ❑Yes ❑No Note: Roofed areas are calculated from dnpline dimensions. g. (i) Number of slips proposed (ii) Number of slips existing i. Check the proposed type of siting: ❑ Land cut and access channel []Open water; dredging for basin and/or channel ❑Open water; no dredging required ❑Other; please describe: k. Typical boat length: m. (i) Will the facility have tie pilings? []Yes []No (ii) If yes number of tie pilings? ®This section not applicable b. (i) Will the facility be open to the general public? ❑Yes []No d. (i) Are Finger Piers included? []Yes []No If yes: (ii) Number (Ili) Length _ (iv) Width _ (v) Floating []Yes []No f. (i) Are Boatlifts included? ❑Yes ❑No If yes: (ii) Number (iii) Length IN) Width _ h. Check all the types of services to be provided. ❑ Full service, including travel It and/or rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies ❑ Dockage ("wet slips") only, number of slips: ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: _ ❑ Other, please describe: j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). I. (i) Will the facility be open to the general public? ❑Yes []No RECEIVED DCM WILMINGTON, NC MAY 0 12015 revised: 12"2'7!06 2. DOCKING FACILITY/MARINA OPERATIONS 0This section not applicable a. b. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: _; Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: Describe treatment type and disposal location for all sanitary wastewater. VED MAY 1 2 2015 ��,w-uuna elty- C. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge" signs proposed. (ii) Give the location and number of "Pumpout Available' signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. i. Give the number of channel markers and "No Wake" signs proposed. _ Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin gushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? m. Is the marina/docking facility proposed within a primary or secondary nursery area? ❑Yes ❑No RECEIVED DCM WILMINGTON, NC MAY 0 12015 n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes [:]No o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. RECEIVED ❑CW ❑SAV ❑SB _ OWL ❑None MAY 12 2015 r NN-wtriw uliv- p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? []Yes [:]No If yes, give the name and address of the leaseholdef(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) ®This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑PubliGGovemment ❑Private/Community (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If a rock grain, use MP-2, Excavation and Fill.) ®This section not applicable a. (I) Number (if) Length (III) Width _ 5. BREAKWATER (e.g., wood, sheetpile, etc.) 0This section not applicable a. Length _ b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS 0This section not applicable a. Is the structure(s): [-]Commercial ❑PubliGGovemment ❑Private/Community C. Distance to be placed beyond shoreline _ Note: This should be measured from marsh edge, if present. e. Arc of the swing 7. GENERAL b. Number d. Description of buoy (color, inscription, size, anchor, etc.) RECEIVED DCM WILMINGTON, NC MAY revised: 12r2TU6 a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. n/a We Note: For buoy or mooring piling, use arc of swing including length ofvessel. c. Width of water body n/a e. (1) Will navigational aids be required as a result of the project? ❑Yes SNo ❑NA (11) If yes, explain what type and how they will be implemented. n/a d. Water depth at watenvard end of structure at NLW or NWL n/a 8. OTHER ❑This section not applicable a. Give complete description: A temporary sand -filled containment tube was constructed as part of the Phase I Emergency Sand Bag Revetment on the north end of North Topsail Beach, for the purpose of providing protection to the area during installation of the sandbag reventment. The containment tube is approximately 1,350 ft. long and 12 ft. wide, and affects approximatley 16,200 sq. ft. of shoreline. The containment tube was constructed at approximately 5 ft NAVD. The existing permit requires the temporary containment tube to be removed upon completion of the sandbag revetment, or May 21, 2015, whichever is sooner. Portions of the containment tube are altematiely buried and covered depending on shoreline conditions; those exposed portions are providing scour protection of the sandbag revetment. Removal of the tube at this time may therefore result in rapid scour along the toe of the revetment, and subsequent failure of the revetment. The Town is seeking a permit modification to allow the temporary containment tube to remain in place until the Onslow maintenance navigation and disposal of material along the north end of North Topsail Beach can occur, or March 31, 2016. S!► 110►S Date North Topsail Beach Shoreline Protection Project -Phase 1 Emergency Sand Bag Revetment Project Name Town of North Topsail Beach Appliccaajnt N�Nre //' I L.Aa' l GJ J /' � � l�P��r • �4nn,� 9',tn ,nea Applicant Signature RECEIVED MAY 12 2015 NMw-WtOM YSH-0� C-li" AI`) RECEIVED DCM WILMINGTON, NC MAY 0 12015 .,. ,IC.: 12;21;oe DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD RECEIVED 1) APPLICANT: Town ojNorth Topsail Beach COUNTY: Onslow MAY 12 1015 PROJECT NAME: 92-14MM kr w'"6wor r'* LOCATION OF PROJECT: along the oceanfront between 2284 — 2382 New River Inlet Rd, in NTB DATE APPLICATION RECEIVED COMPLETE BY FIELD: 5-1-15 FIELD RECOMMENDATION: Attached: YES CONSISTENCY DETERMINATION: Attached: n/a FIELD REPRESENTATIVE: Dail DISTRICT MANAGER REVIEW:Z— B) DATE RECEIVED BY MAJOR PERMITS UNIT: PUBLIC NOTICE RECD: 5-11-15 ADJ. RIP. PROP NOTICES RECD: APPLICATION ASSIGNED TO: C) 75 DAY DEADLINE: r) it MAIL OUT DATE: 5-8-15 FEDERAL DUE DATE: To Be Forwarded: n/a To Be Forwarded: n/a DISTRICT OFFICE: WILMINGTON FEE REC'D: END OF NOTICE DATE: 6-1-15 DEED RECD: ON: ( 150 DAY DEADLINE: STATE DUE DATE: 6-11-15 FED COMMENTS RECD: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative Coastal Management - LUP Consistency Division of Community Assistance Land Quality Section (DEMLR) Division of Water Resources (401) Storm Water Management (DEMLR) State Property Office Division of Archives & History Division of Environmental Health Division of Highways Wildlife Resources Commission Local Permit Office Division of Marine Fisheries / DCM Corps of Engineers EEL- RECEIVED MAJOR PERMIT FEE SCHEDULE Town of NTB 92-14MM / $250 / Onslow County MAY 12 2015 Iak;m-MGM —,,,, DCM % DWQ % Development Te Fee 14300160143510009316256253 2430016024351000952341 1. Private, non-commercial development that does not involve the filling or excavation of any wetlands or open water areas: $250 100% $250 0% $0 II. Public or commercial development that does not involve the filling or excavation of any wetlands or open water areas: $400 1 100% $400 0% $0 III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C, or D below applies: III(A). Private, non-commercial development, if General Water Quality Certification No. 3490 See attached can be applied: $250 100% $250 0% $0 III(B). Public or commercial development, if General Water Quality Certification No. 3490 See attached can be applied: $400 100% $400 0% $0 III(C). If General Water Quality Certification No. 3490 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: $400 60% $240 40% $160 III(D). If General Water Quality Certification No. 3490 see attached cannot be applied: $400 60% $240 40% $160 IV. Development that involves the filling and/or excavation of more than one acre of wetlands and/or open water areas: $475 60% $285 40% $190 �0 � �S� DENR CAMA Dail Check Log for WIRO Check Cheek Dare Deposi Name ofPermif Holder Vendor Number amount Permif NumbedComme its Refund'Rea9ocated Received red Chaek From Name) First Citizens Bank 7%1 E600.00 bulkhead permit 4/162075 4.23.15 Archie McGirr and Janet Borten same _ 4.23.15 Medince and John Hunt same _NC State Employees Credit Union 3562 $200.00 GP 65139D 4/16/2015 719 1029 9440 4936 2087 20158 $200.00 $200.00 $200.00 $100.00 $200.00 $250.00 GP 65185D GP 65197D GP 65198D renewal fee, MP 38-12 GP boaldfl 6393 Mazede Tr. OIB major fee. NHi 4/20/2015 423.16 R. Burak Erem same B ol A 4/20/2015 4.23.15 Charles D. Carmen Jr. same Piedmont Advantage Cmdd Union 4202075 4.23.15 Somheastem Coastal Construction Co. King__ First Federal 412=015 4.23.15 Charles Douglas Wilson or Carolyn Wilson same _ TD Bank 4/20/2016 4.23.15 Maritime Coastal Construction I ,Thompson _ _CresCom Bank Bulkheads LLC Tatum Fargo Bank 4/21/2075 4.23.15 Coastal Marine Piers __ _Wells 7363 E250.00 major fee, TB, PN 4/17/2015 4.23.15 Aldetl Marine Comredors, LLC McLeod B of A Marine Federal Credit Union185 $200.00 GP 65170D 4/21/2015 4.23.15 4.23.15 4.23.15 Kayla Midget isame _ Backwater Marine Construction Inc Frank Pope _ _ BB &T Clements Marine Construction D Logan _First Citizens Bank 1889 $200.00 GP %601D 4/21/2015 3779 $300.00 GP 64612D @$200 427/2015 4450 5995 $400.00 $2,000.00 1 5-07 renewal $100 GP %611D GP 65122D @$400 Jam Properties/Dan Smith transferred from Lucien Ellison I 4222015 4.23.15 F and S Marine Contractors Ina Williams PNC Bank 4/=015 4.23.15 Willie Clarence Richardson (Town of Holden Beach BB &T GP 66190D $600 James and Jane Warren _ Mahe Buchanan Elliot W. and Francis H. Shaver Judy H. and Paul C. Starks, Jr. GP 65191D@$400 GP 65192D $400 3426 $200.00 GP 651930 @$200 NOV 15-06D 4/232015 4.27.I S Thomas Power Systems, Inc. .Thomas Besedin B W A 3317 $200.00 GP 6206 E. Yacht OI 4/23/2015 4.27.15 Custom Island Homes by Kan Mawr LLC William Crtcher CresCom Bank Wells Fargo Bank 17-782261643 $300.00 GP 65182D 5400 4/232015 4.27.15 Money order for Brandon Grimes 'Donald Howell 17-182281842 $500.00 GP 657830 @3400 42VAIS 4.27.15 Money orderfor Brandon Grimes Michael Kunch Wells Fargo Bank 2159574 $400.00 major fee, NHCo 4/172015 4.27.15 Kimley-Hom & Assoc., lm _I City of Wiilmington-Heide Trask Bridge Walkway Weds Fargo Bank North State Bank PNC Bank 3% 26651 5400.00 $100.00 major fee, NHCo _ mad fce, 46-92 4242075 5.1.15 Porters Neck Homeowners Assoc., Int _same 4242015 4.27.15 Carolina Marine Terminal, Inc Altamar Inc. - South State Bank t517 5100.00 _ _ _ minor tea, Naylor, NTB 4/242015 4.27.15 APM Construction, Inc. S08 Tradewind appl. BB 8T 3372 5200.00 ? 4/242015 VCC, Inc. 110 Sanford Street Chance Schwab Bank 1076 $200.00 GP for 9% Geye Ave, TB _ 4242015 427.15 Irvin Ray McDonald, Jr. same Firoi Citizens Bank 3767 5250.00 major fce, PNCo 4272015 4.27.15 Clements Marine ConsWction Anthony Jeffs B of A 115 $100.00 mirror fee, NTB, Ons Jason Dail, retarding check 4272015 Merril LeMdne or Louis LeMdne same TD Bank 917 $400.00 majorfce, 579 Lewis Rd Hampstead 4272015 Quartermaster Store @Marker 90 R. Baidey Weis Fargo Bank 20169 $200.00 GP 64613D 4272015 5.7.15 Coastal Marine Piers Bulkheads LLC Paul Sommers First Citizens Bank a%9 $100.00 mirror fee, 6083 6th St., SC, Ons 4282015 5.1.75 O'Quin Construction Robert and Rhea Allison North Amer. Banking Co 347408688 $100.00 GP 65771D @5600 4282015 5.1.15 Money order for Bmndon Grimes Kevin Post North Amer. Banking Co 347408687 $500.00 GP 651710 @$600 4282075 5.1.15 Money order for Brandon Grimes Kevin Post PNC Bank 1702 $200.00 GP for 218 Simmon Road, Wkn 4/29/2015 5.1.15 James W. Jones Jr. and Donna Jones Bob Lee SunTmst 1713 $200.00 GP 65189D 4/302015 5.1.15 David S. Sharpe, Jr. and Raymond P. Sharp same First Citizens Bank 1859 $200.00 GP for 315 Summer Rest Rd, Wdm 5112015 Boatzdght. Inc. Barba a Zucker South Stale Bank 1608 5200.00 GP 64614D 5/12015 Craig Hollingsworth antl Ashley Hollingsworth same Weds Fargo Bank W175 $200.00 GP 64615D 5/t2015 Coastal Marine Piers Bulkheads LLC V. Edward Bean BB &T 3112 $400.00 majorfce, Lewis Dods Project, Vamamlown 5/12015 Compass Prime Engineering PA Supply Group, Inc BB &T 1481 5200.00 GP %602D 5142015 Daniel C. Walters Sr same B or A 7421 $200.00 GP 65146D 5142015 Alded Marine Contractors, LLC Heard Branch Banking & Trost Co. 68699 $200.00 minor fee, 15-14 & 15-1 $100ea. 4/302015 Town of Ocean Isle Beach same OIB Merrill Lynch 8 of A 1077 $100.00 minor fee. SC 15-10 5142015 Mary P Anderson same First Citizens Bank 39489 $250.00 major mod fce, 92-14 91$250 5/12015 Town of North topsail Beach same a m 0 I Recommendations for State Permit Modification — North Topsail Beach CAMA Major No. 92-14 As proposed, this project is INCONSISTENT with 15A NCAC 071-1.0308 (a)(2)(B) (E)&(K) Temporary Erosion Control Structures. Based on this information, the Wilmington Regional Office OBJECTS to the project as proposed and any request for a favorable permit decision should be DENIED. The basis for this determination is referenced below, as specified in accordance with current Rules adopted and administered by the Coastal Resources Commission. Additionally, it should be noted that the continued placement of the temporary construction containment tube may limit if not restrict public access to and/or from the public beach. The proposal in in conflict with: 15A NCAC 07H .0308 SPECIFIC USE STANDARDS FOR OCEAN HAZARD AREAS (a)(2) Temporary Erosion Control Structures: (B) Temporary erosion control structures as defined in Part (2)(A) of this Subparagraph shall be used to protect only imminently threatened roads and associated right of ways, and buildings and their associated septic systems. A structure is considered imminently threatened if its foundation, septic system, or right-of-way in the case of roads, is less than 20 feet away from the erosion scarp. Buildings and roads located more than 20 feet from the erosion scarp or in areas where there is no obvious erosion scarp may also be found to be imminently threatened when site conditions, such as a flat beach profile or accelerated erosion, increase the risk of imminent damage to the structure. (E) Temporary erosion control structures shall not extend more than 20 feet past the sides of the structure to be protected. The landward side of such temporary erosion control structures shall not be located more than 20 feet seaward of the structure to be protected or the right-of-way in the case of roads. If a building or road is found to be imminently threatened and at an increased risk of imminent damage due to site conditions such as a flat beach profile or accelerated erosion, temporary erosion control structures may be located more than 20 feet seaward of the structure being protected. In cases of increased risk of imminent damage, the location of the temporary erosion control structures shall be determined by the Director of the Division of Coastal Management or their designee in accordance with Part (2)(A) of this Subparagraph. (K) Sandbags used to construct temporary erosion control structures shall be tan in color and three to five feet wide and seven to 15 feet long when measured flat. Base width of the structure shall not exceed 20 feet, and the height shall not exceed six feet. The permittee remains in NON-COMPLIANCE with CAMA Major Development Permit No. 92-14, specifically Condition No. 11) which states: "In accordance with commitments made by the permittee, the authorized temporary construction containment tube used to assist in the safe construction of the authorized temporary sand bag revetment shall be removed in its entirety either immediately upon project completion, or by May 21, 2015, whichever is sooner." RECEIVED MAY 12 2015 Ci tHM•MAra gITY Pat McCrory Governor May 8, 2015 MEMORANDUM TO: FROM: SUBJECT: Applicant: NCD NR North Carolina Department of Environment and Natural Resource a� Georgette Scott Stormwater Section / DEMLR - WiRO Donald R. van der Vaart Secretary lECEIVE MAY 0 8 2015 BY:. — Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) CAMA / D&F Permit Application Review Town of North Topsail Beach 92-14MM Project Location: 2284 — 2382 New River Inlet Rd., adjacent to the Atlantic Ocean, In NTB, Onssow County Proposed Project: Applicant proposes to extend the time granted for the existing temporary construction containment tubes (2284 - 2382 New River Inlet Rd., adjacent to the Atlantic Ocean), to remain in place through March 31, 2016, or until the Onslow County channel maintenance project is completed., in North Topsail Beach, Onslow Co. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by June 1, 2015. 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: his agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNE� I �C.S�Q DATE S//eI RECEIVED N.C. Division of Coastal Management MAY 19 1015 127 Cardinal Drive Ext., Wilmington, NC 28405 t�bxr wwap 4Ha Phone 910-796-72151 FAX: 910-395-3964 Internet: www.nccoastalmanagement,net An Equal Opportunity 1 Affirmative Action Employer ryVA A' WD NR North Carolina Department of Environment and Natural Resource Pat McCrory Governor May 8, 2015 MEMORANDUM: TO: Dan Sams District Manager DEMLR - WiRO MAY 0 B 2015 Donald R. van der Vaart Secretary FROM, Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA / D&F Permit Application Review Applicant: Town of North Topsail Beach 92-14MM Project Location: 2284 — 2382 New River Inlet Rd., adjacent to the Atlantic Ocean, In NTB, Onlsow County Proposed Project: Applicant proposes to extend the time granted for the existing temporary construction containment tubes (2284 - 2382 New River Inlet Rd., adjacent to the Atlantic Ocean), to remain in place through March 31, 2016, or until the Onslow, County channel maintenance project is completed., in North Topsail Beach, Onslow Co. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by June 1, 2015, 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: This agency has no objection to the project as proposed. 4This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED _ \ DATE �j 12 o I RECEIVED MAY 19 2015 N.C. Division of Coastal Management f -ol- uh c`dv 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: wwwnccoastalmanacemenl net An Equal OPpodunity Affirmative Action Employer NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Governor May 8, 2015 MEMORANDUM: TO: r ex 18 ,r-2_ "%I i l y m_Ii� Environmental Engineer Public Water Supply Donald R. van der Vaart Secretary Mq y 0 RR1p1$wop01'1�arsWate1P FROM: Jonathan Howell, INC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA / D&F Permit Application Review Applicant: Town of North Topsail Beach 92-14MM Project Location: 2284 - 2382 New River Inlet Rd., adjacent to the Atlantic Ocean, In NTB, Onlsow County Proposed Project: Applicant proposes to extend the time granted for the existing temporary construction containment tubes (2284 - 2382 New River Inlet Rd., adjacent to the Atlantic Ocean), to remain in place through March 31, 2016, or until the Onslow County channel maintenance project is completed., in North Topsail Beach, Onslow Co. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by June 1, 2015. 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: -A— This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED L(,C�L �Q/yLQ v"� DATE RECEIVED N.C. Division of Coastal Management 127 Cardinal Drive EM., Wilmington, NC 28405 MAY 19 2015 Phone: 910-796-72151 FAX: 910-395-3964 Intemetl www nccoastalmanagemenl.nel i�P#MwM Nk44 An Equal Opportunity 1 Affirmative Action Employer May.20. 2015 8:25AM NC Dept of Transportation No,5932 P. 2/2 No Im0Rc7r To l/✓ RUM North Carolina Department of Environment and Natural Resource Mpy 13 tid15 Pat McCrory Governor May 8, 2015 MEMORANDUM: TO: Robert Vause NC DOT Onlsow County Donald R. van der Vaart Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11.12-09) SUBJECT: CAMA / D&F Permit Application Review Applicant: Town of North Topsail Beach 92-14MM Project Location: 2284 — 2382 New River Inlet Rd., adjacent to the Atlantic Ocean, In NTB, Onlsow County Proposed Project: Applicant proposes to extend the time granted for the existing temporary construction containment tubes (2284 - 2382 New River Inlet Rd., adjacent to the Atlantic Ocean), to remain in place through March 31, 2016, or until the Onslow County channel maintenance project is completed., in North Topsail Beach, Onslow Co. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by June 1, 2015. 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: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. ffASIGNED -DATE S 16 )� N.C, Division of Coastal Management 127 Cardinal Drive Ext,, Wilmington, NC 2840.5 Phone: 910-79rr72151 FAX: 910.395-3964Intunetl www.nC0D39talM0na9Mnt.nat M Equal Oppanmlly %AAnaM Action Employer A NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Donald R. van der Vaart Governor Secretary May 8, 2015 RECEIVED MEMORANDUM: MAY 11 2015 DOA TO: Tim Walton STATE PROPERTY Dept of Administration OFFICE State Property Office FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA / D&F Permit Application Review Applicant: Town of North Topsail Beach 92-14MM Project Location: 2284 — 2382 New River Inlet Rd., adjacent to the Atlantic Ocean, In NTB, Onlsow County Proposed Project: Applicant proposes to extend the time granted for the existing temporary construction containment tubes (2284 - 2382 New River Inlet Rd., adjacent to the Atlantic Ocean), to remain in place through March 31, 2016, or until the Onslow County channel maintenance project is completed., in North Topsail Beach, Onslow Co. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by June 1, 2015. 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: This agency has no objection to the project as proposed. phis agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE RECEIVED JUN 01 205 . Di ion of Coastal ManagementMe•winM writ 127 Ca 'nal nve Ext., Wilmington, NC 28405 Phone: 910-796-72151 FA . 10-395-3964Internet: www.nocoastalmanaaement.net An Equal Opportunity 1 Affirmative Action Employer it Ilk. { S"C tds 10( « ;� 4 6 ) y � 1 , �r�` ✓ 3 � � c;..h : � pro ect Ara ;. Noe.g • s• « •)j� nnK�ps. ii•Hcacn� Holly Ridge uVicinityMap '�y�'• i`r North Topsail Be 4 Revetment North End yEmergency Sandi u Sheet 2 of 4. Plan view of sandbag revetment and geotube - r 3J�01 + 4',�,' • ., North End Adjacent j, t Ripened Owner 2386 !� s0 tb George River Intel Rd. YYY Gwrpemve*Pl. Vann 1 ''� 12926 Couple* pl. Waldorf, NO 20601 - �..1"c • ''#mac_ it oil r !' t r 9 1 It South Etd Adjacent Riper Owners ! 2268-B New River Inlet Road Georgia Neel III 115 °° 3203 Henderson Rd. � ^ ' - Greensboro, NC 21610-00]2 All 22ee-A New Margaret N Road104 ' Wayne and Margaret Nielson tart Youngs Cliff Rd. sharing. VA 20165166 1. 2012 background imagery is from the U Geotube 0 1so e.r„ NC OneMap imagery service sandbag Revetment Feel k Baseline Station RECEIVED MAY 12 2015 DG'--Mmq claw RECEIVED DCM WILMINGTON, NC MAY 0 12015 Sheet 3 of 4. Typical Cross -Section — Permitted Sand bag revetment I5 1 ,a Q 0' c ..................................I......''I........I......'....................,,.,,,,,r..................... .. ........................ _..... .................. .......... � .......... . z a ........................................ FL ♦5. R' NA1f1 "� ......... .... ..................... ..J....�.n. _. JO FT SCOUR APROR 1.5 ..T SCOUR A..... 0 10 '10 .!0 W 'A 00 /a M \ 90 Sheet 4 of 4. Typical Profiles —OhlI I.NF: „iTII;c MU1(AL WU IM 101'y.i DKT. (BEET) 1O ,110H: FIORTH 10PS41_ RECEIVED MAY 1 2 1015 I. — ''_E656c SECT E - _^492536 77 1 G 75 "5c 2_5 300 _., 5GI fi'S DIST. (FEET) RECEIVED DCM WILMINGTON, NC MAY 0 12015 No Tvbe Tube -w•9 = _ ,+ 60C ft. Oslo (y Bude Burled Tube / ^400 k. wliftwm"�' am. Figure 1. Aerial photo of the sand bag revetment project area taken February 20, 2015 showing the condition of the tube. (Photo Courtesy of Mike Capuano) RECEIVED MAY 1 2 1015 W1kvl -kmll "".' RECEIVED DCM WILMINGTON, NC My 0 12015 Figure 2. March 6, 2015 photo of sandbag revetment and sand tube at north end of revetment. H .. ,o-i I2�r;✓J RECEIVED 7 Figure 3. March 6, 2015 photo of sandbag revetment and sand tube at north end of revetment. MAY 1 2 2015 .a.-mmw UH'L � :.oVED ACM WILMINGTON, NC MAY 0 12015 A� {� IL ,1A6 a Figure 4. March 6, 2015 photo of sandbag revetment and partially buried sand tube. ACEVEC MAY 1 2 2015 py?w_+Yi-�w ivitt Figure 5. March 6, 2015 photo of sandbag revetment and partially buried sand tube near middle of sandbag revetment. RECEIVED DCM WILMINGTON, NC IAAY 0 12015 Figure 6. March 6, 2015 photo showing buried sand tube along south end of sandbag revetment. 2.1.2 6h and c. Location Map and Work Plats See Appendix A. 2.1.3 6d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. See Appendix B. 2.1.4 6f. Adjacent Riparian Landowner Notifications See Appendix C. 2.1.5 6h. Signed Agent Authorization Form. See Appendix B. 2.1.6 6j. Signed AEC Hazard Notice. See Appendix B. RECEIVED MAY 12 2015 r!.ouu-uuna blfY RECEIVED DCM WILMINGTON, NC MAY 0 12015 A��mr NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory, Governor May 7, 2015 Advertising@starnewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice for Town of North Topsail Beach 92-14MM Donald R. van der Vaart Secretary RECEIVED MAY 12 2015 IyMNM'NMC?,I µllY. Kyle & Heather: Please publish the attached Notice in the Monday, May 11, 2015 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Shaun Simpson at the NC Divison of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by Credit Card (number on file with Elsa Lawrence, Ref acct # 796-7215). Please email a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. Sincerely, Shaun K. Simpson Permitting Support & Customer sistance Division of Coastal Management cc: WiRO Jonathan Howell - MHC DCM Tyler Crumbley - USACE Michele Walker- DCM N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796.72151 FAX: 910-395-3964 Internet: www,nccoastalmanagement.net An Equal Opportunity 1 Affirmalive Ado Employer NOTICE OF FILING OF RECEIVED APPLICATION FOR CAMA MAJOR MAY 12 1015 DEVELOPMENT PERMIT afaw-iwnu kiH The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that the following application was submitted for a development permit in an Area of Environmental Concern as designated under the CAMA. On May 1, 2015 the Town of North Topsail Beach proposed to modem State Permit No. 92-14 to extend the time granted for the existing temporary construction containment tubes (2284 - 2382 New River Inlet Rd, adjacent to the Atlantic Ocean), to remain in place through March 31, 2016, or until the Onslow County channel maintenance project is completed A copy of the application can be examined or copied at the office of Jason Dail, N.C. Dept. of Environment & Natural Resources, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910-796-7221) 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 June 1, 2015 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Town of North Topsail Beach —Major Permit Modification, No. 92-14 2. LOCATION OF PROJECT SITE: The project site is located along the oceanfront beach from 2284 to 2382 New River Inlet Drive, adjacent to the Atlantic Ocean, in North Topsail Beach, Onslow County. Photo Index — 2006: 28-(6497): Oceanfront & Inlet 2000: 28-(391): Oceanfront & Inlet RECEIVED 1995. 28-(379): Oceanfront & Inlet MAY 12 1015 State Plane Coordinates — GPS File: P1118l lB X: 2449610 Y: 256997 Lat.: 34°31'29.15"N Long: 77120'47.98"W `s"'" INVESTIGATION TYPE: CAMA / D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — Multiple visits between Jan. 2013 and April 2015 Was Applicant Present — Yes PROCEDURE: Application Received — Complete 5/1/15 (with exceptions) Office — Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan — Town of North Topsail Beach Classification From LUP — No Classification / Developed (B) AEC(s) Involved: OH, III (C) Water Dependent: Yes (D) Intended Use: Government (E) Wastewater Treatment: Existing — Municipal Sewer Planned - N/A (F) Type of Structures: Existing — Commercial and Residential structures and access -ways Planned — Sand bag revetment (G) Estimated Annual Rate of Erosion: 2'/year Source — LTAASCR 2011 Update 7. HABITAT DESCRIPTION: [AREA] 1•]:4ILZelg• • • , (A) Vegetated Wetlands (coastal) N/A N/A N/A (B) Non -Vegetated Wetlands - open N/A —16,200 sq. ft. (existing N/A water temporary containment tube — i.e. "Geotube" (C) Other(Highground) N/A N/A N/A *N/A — Not applicable (D) Total Area Disturbed: 0.37 acres (16,200 sq. ft.) + (E) Primary Nursery Area: No (F) Water Classification: SA Open: NO 8. PROJECT SUMMARY: The applicant is requesting authorization which would allow the existing temporary containment tube (Geotube) to remain in place for an extended period of time. North Topsail Beach — CAMA Major Permit Modification, No. 92-14 RECEIVED Page Two MAY 12 1015 9. PROJECT DESCRIPTION: The permittee is requesting approval; through this CAMA major permit modification, to allow for the continued operation, function and/or placement of the existing temporary containment tube ("Geotube"), between 2284 and 2382 New River Inlet Road, North Topsail Beach. The information presented in this application package specifically addresses the continued use of the temporary containment tube, with no other relevance to any other sand bag, or temporary erosion control features. The relative information of the new project is described below. The project site is located in North Topsail Beach, specifically between 2284 and 2382 New River Inlet Road, adjacent to the Atlantic Ocean, in Onslow County. To get to the site from Wilmington take US HWY 17 N to NC Hwy 210, which is located at the Lowe's Home Improvement on US HWY 17. Turn right onto NC Hwy 210 and continue across the Surf City Swing Bridge. Take a left at the first street N. New River Drive (NC Hwy 210). Continue on NC Hwy 210 until you reach the New River Inlet Road (approximately 8.15 miles). Turn right onto New River Inlet Road and continue to the far end. Turn left at the stop sign and the project area will be located on the right hand side of the road, just north of the 2282 New River Inlet Road. The project area spans from the northern side of 2284 New River Inlet Road, north to the property identified by the Onslow County Tax office as 2382 New River Inlet Road. The current elevation of the project area ranges from approximately 6' NAVD to approximately 8' NAVD. The project site is adjacent to residential properties. The project site is bordered by New River Inlet to the north, the Atlantic Ocean to the East and residential properties to the south and west. The high ground portion of the property is primarily un-vegetated with the exception of lawn grasses and ornamental landscaping around the existing homes. The Annual erosion rate in the project area is 2'/year per the Division of Coastal Management's 2011 Annual Erosion Rate maps. Previous field investigation reports have demonstrated this particular area of North Topsail Beach experiences "accelerated erosion" and the shoreline is progressively receding. PROJECT DESCRIPTION: The Town of North Topsail Beach currently has several CAMA Major Development Permits that are active, including CAMA Major Permit No. 79-10 (Shoreline Stabilization), No. 191-05 (Beach Bulldozing) and No. 92-14 (Sand bag revetment). CAMA Major Permit No. 92-14, which was amended by CRC variance on November 26, 2014, authorized the installation of approximately 1,500 linear feet of sand bags (sand bag revement) and approximately 1,200 linear feet of temporary construction containment tube (i.e. Geotube) along the ocean front area of North Topsail Beach, between 2276 and 2382 New River Inlet Road. Prior to installation of the sand bag revetment structures, the Town's contractor installed the temporary construction containment tube, which was to be used as a safety feature while installing the sand bag revetment. Once the temporary construction containment tube was installed, the contractor(s) began installing the revetment along the project shoreline (starting from the northern terminus working south). Following completion of the sand bag revetment, the Town (through its consultant — Coastal Planning and Engineering) began to seek authorization which would allow the temporary containment tube to remain in place, as noted in the sequence of events detailed below. On February 24, 2015, Division of Coastal Management (DCM) staff received a written notice from Coastal Planning and Engineering, indicating the sand bag revetment was complete. On February 27, 2015, DCM sent a certified letter to the Town of north Topsail Beach requesting a "Compliance Action Plan" for removal of the temporary erosion control tubes (i.e. temporary construction containment tube). RECEIVED North Topsail Beach — CAMA Major Permit Modification, No. 92-14 MAY 1 2 2015 Page Three The letter detailed the commitments made by the permittee (Town of North Topsail Beach), as referenced in Condition No. 11) of CAMA Major Permit No. 92-14. Specifically, Condition No. 11) of CAMA Major Permit No. 92-14 stated "In accordance with commitments made by the permittee, the authorized temporary construction containment tube used to assist in the safe construction of the authorized temporary sand bag revetment shall be removed in its entirety either immediately upon project completion, or by May 21, 2015, whichever is sooner. " On March 20, 2015, Coastal Planning and Engineering staff member Tom Jarrett, P.E., submitted a written response to DCM's "Compliance Action Plan" indicating that "conditions along the shoreline fronting the sand bag revetment appear to be improving as much of the sand tube (t. e. Geotube or temporary containment tube) is now covered by sand", but "conditions along the extreme north end of the sand bag revetment have not improved dramatically". In addition, the permittee's consultant described the inlet hazard area as being "dynamic" in nature and the uncertainty of future shoreline responses in the area should be taken into consideration for allowing the temporary containment tube in place until the completion of Onslow County's channel maintenance project. At this time, it should be noted that DCM has not received a CAMA Major development permit request from Onslow County requesting authorization to dredge New River Inlet, so the uncertainty of when this project will happen is unknown. Data collected during multiple site visits (by DCM staff) following completion of the sand bag revetment project show that nearly two-thirds of the temporary construction containment tube was exposed at some point along its alignment. On March 26, 2015, DCM staff issued a Notice of Violation (NOV) to the permittee for violation of CAMA Major Permit No. 92-14 (CAMA Violation #15-05D) for failure to comply or meets the requirements of Conditions No. 11 and No. 13 of CAMA Major Permit No. 92-14. Restoration and/or fulfillment of the NOV required that the permittee "remove the temporary construction containment tubes and all portions of the scour apron and chock tubes". The Town (permittee) was provided a ten (10) day time period (from the receipt date of the NOV) to provide a response to the NOV, by way of remediation through one of the restoration agreements. On May 4, 2015, DCM staff received a signed copy of the "Revised Restoration Plan for North Topsail Beach Property" dated April 24, 2015, from Stuart Turille (Town Manager, North Topsail Beach) indicating the Town would submit a CAMA Major Permit Modification application to DCM within ten (10) days from receipt of the NOV. The actions sought through the permit modification request would include the allowance of the temporary construction containment tubes, chock tubes and scour aprons until the completion of the planned Onslow County shallow draft navigation project or March 31, 2016, whichever is sooner. Additionally, the agreed upon restoration plan stated "Following the anticipated denial of the modification request, and no later than June 3, 2015, the Town will submit a variance petition package that satisfies the requirements of the Coastal Resources Commission (CRC). The Town and DCM will work diligently to agree on a set of stipulated facts no later than June 17, 2015. The Town will seek a variance from the CRC at its July 15-16, 2015 meeting. If such a variance request is denied by the CRC, or the variance request submitted by the Town is not heard at the July 15-16, 2015 CRC meetin, the aforementioned structures shall be removed by July 31, 2015." Information provided by the applicant's agent (Coastal Planning and Engineering, a.k.a. CP&E) indicates the Town would like to seek approval to keep the sand filled construction containment tube, which was constructed as part of the Phase I Emergency Sand Bag Revetment Project for the purpose of providing additional protection to the area being inundated by tides and wave action. The Town suggests the existing containment tube is partly to mostly covered by sand along the alignment; however, the height of the containment tube has varied over time, in relation to elevation of the beach, which has varied by winds, tides and waves. As previously mentioned, the Town is seeking relief from the conditions stated in CAMA Permit No. 92-14, until North Topsail Beach CAMA Major Permit Modification, No. 92-14 Page Four such time that either the construction containment tubes have been completely covered with sand, or until the County completes their channel beach nourishment project. 10. ANTICIPATED IMPACTS The applicant's proposal to keep the temporary construction containment tube in place would result in the continued filling of approximately 16, 200 sq. ft. of public trust area. Additionally, approximately 16, 200 sq. ft. of publicly accessible beach would be restricted by its continued placement. Submitted by: Jason Dail Date: May 7, 2015 Office: Wilmington RECEIVED MAY 12 2015 r!7' N-0a �144. RECEIVED Z ATTACHMENTS MAY 12 2015 E/k?IW'WIHhI bl1o. 2.1 DCM MP-1. ADDITIONAL INFORMATION 2.1.1 6a. Project Narrative. The Town of North Topsail Beach completed Phase 1 of its multifaceted inlet and shoreline management plan in February 2013 with the repositioning of the New River Inlet ocean bar channel to a more central location between the south end of Onslow Beach and the north end of North Topsail Beach. The material removed during repositioning of the channel was used to construct a beach fill along 7,730 feet of shoreline south of New River Inlet. As stated in a prior permit application, the beach fill along the north end of North Topsail Beach experienced rapid rates of volume loss resulting in the eventual loss of all of the fill material north of the Topsail Reef by August 2014. In response to the emergency situation created by the rapid deterioration of the fill, the Town of North Topsail Beach applied for a permit to construct a sandbag revetment along approximately 1500 feet of shoreline north of Topsail Reef (See Appendix A). While this initial request was denied due to the size of the proposed sandbag revetment, the Town of North Topsail Beach was ultimately issued a CAMA Major Permit (Permit #92-14) dated November 26, 2014 through the variance process. In addition to the enlarged size of the sandbag revetment, the permit allowed the Town to use a temporary sand filled containment tube to provide protection to the area during installation of the sandbag revetment. The conditions of the permit required the temporary containment tube to be removed immediately upon completion of the sandbag revetment, or by May 21, 2015, whichever occurred sooner. A typical cross-section of the sandbag revetment and temporary containment tube is provided in Appendix A. The sandbag revetment was essentially completed on February 25, 2015. An aerial photograph taken of the project site on February 20, 2015 via a drone is shown in Figure 1 below. As can be seen in the aerial photo, the northern end of the sand tube was exposed while most of the tube along the south end of the sandbag revetment was buried. The exposed portion of the sand tube on the north end of the revetment was continuing to provide substantial scour protection for the sandbag revetment. However, due to the volatility of the shoreline in the area, portions of the sand tube are alternately buried and covered. A series of ground photos of the completed sandbag revetment taken March 6, 2015, show some exposed and buried sand tubes are provided on Figure 2 to 6. The figures are arranged in a north to south order. Along those portions of the revetment where the tube is still exposed, the tube is clearly providing scour protection to the sand bag revetment. The removal of the partially buried and exposed sand tube will likely result in rapid scour along the toe of the sand bag revetment located in these areas that will in turn lead to the failure of the sand bag revetment. RECEIVED DCM WILMINGTON, NC MAY 0 12015 RECEIVED MAY 12 1015 Onslow County, in cooperation with the Town of North Topsail Beach, is 4fi"the process of seeking non-federal permits that will allow the County to maintain authorized federal navigation channels in the vicinity of North Topsail Beach including the channel through Cedar Bush Cut, the southern portion of New River, and sections of the AIWW where these channel meet. In accordance with the permit request, the material that would be removed to maintain the channels would be deposited along portions of the north end of North Topsail Beach including the area immediately fronting the sand bag revetment. Onslow County anticipates having the permits in time to perform the maintenance dredging during the upcoming environmental dredging window that runs from November 16, 2015 to March 31, 2016. Given the dynamic nature of the area just south of New River Inlet and the uncertainty of future shoreline responses in this area, the Town of North Topsail Beach again request consideration of modifying the sand bag permit to allow the sand tubes to remain in place until the completion of Onslow County's channel maintenance/beach disposal activities. The Town expects the addition of the navigation maintenance material will provide the level of protection needed to sustain the area until such time the ocean bar channel of New River Inlet can be restored to a preferred position and alignment as allowed under DOA SAW 2005-00344 dated May 16, 2001 and CAMA Major Permit#78-10. As previously stated, the commitments by the Town of North Topsail Beach to remove the sand tubes in accordance with the permit conditions were made in good faith and based on the belief the sand bag revetment alone would be able to provide the degree of protection needed to preserve the area until the inlet channel relocation project begins to produce measurable positive impacts on the area. In spite of the renewed request for a permit modification to extend the time allowed for the temporary sand tube, the Town of North Topsail Beach remains committed to remove the sand tubes once the channel maintenance activities are completed and the area exhibits signs of continued recovery/stabilization. There have been some recent positive shoreline responses in the area fronting the sand bag revetment as evidence by the burial of a large portion of the temporary sand tube structure. The Town believes that these positive changes combined with the placement of navigation maintenance material in front of the sand bag revetment will be sufficient to protect the area. However, the sand tube along the north end of the sand bag revetment continues to provide vital scour protection and its removal prior to the placement of the navigation maintenance material could result in dramatic failure of a portion of the sand bag revetment. Also, given the dynamic behavior of the shoreline in the area as the inlet adjusts to a post -realignment equilibrium, the recent positive trends could reverse exposing the southern portion of the sand bag revetment to possible scour damage if the tubes are removed prematurely. In this regard, during a visit to the site on April 7, 2015, the shoreline response in the area fronting the bags appeared to have changed with more of the bags being exposed along the south end of the sandbag revetment. Given the continued dynamic changes in the shoreline fronting the sandbag revetment and the potential for failure of the revetment due to scour along the seaward toe of the structure, the Town of North Topsail Beach requests a modification of the existing CAMA permit #92-14 to extend the time the sand tubes can remain in place until at least March 31, 2016 or upon completion of the Onslow County channel maintenance activities. RECEIVED DCM WILMINGTON, NC MAY 0 12015 I r 1 1 • • I 1 •� ,l i. .r it i i i r i r ���'. �. � ' , � ' r ' ,. , a '' r,. •1 r �. IINNNNN��NI��NN Recorded: DO 08%20 2'etT11-27 0 AM Fee Amt: $28.o0 Paee t of 2 Revenue Tax; $0.00 RebeccaOL. OunPo�lerd Req. of Deeds RECEIVED Bx3793 Pe316-317 MAY 12 2015 env BEACH NOURISHMENT EASEMENT AGREEMENT For Onslow County Parcel ID #04440S STATE OF NORTH CAROLINA COUNTY OF ONSLOW GRANTOR: VANN GEORGE C & DIANN L GRANTEE: TOWN OF NORTH TOPSAIL BEACH TERM: THIRTY (30) YEARS EXCISE TAX: $ 0.00 In exchange for the sum on One Dollar ($1.00) and other good and valuable considerations, the receipt of which is acknowledged, the Grantor and Grantor's heirs and assigns (collectively "Grantor") convey to the Town of Topsail Beach, North Carolina, a municipal corporation ("Town") and on behalf of its representatives, agents, employees, officials, engineers, consultants, surveyors, contractors, subcontractors, permittees, invitees and assignees (collectively "Grantee") does now grant and convey unto the Grantee, this Easement until December 31, 2042 to go upon the Property to conduct Activities in the Easement Area (as those Italicized terms are defined below), subject to the following conditions: 1. Property Subject to Easement: That ocean front property identified as the address of 2386 NEW RIVER INLET RD, North Topsail Beach, NC 28445 and, Onslow County Tax Parcel ID #778D-54, and described in [check applicable box]: ® Deed Book 1881 and Page 838 of the Onslow County Registry recorded 12-AUG-02 as NR BEACH CB Sl L4 of and as shown on Map Book and Page 22-205 of the Onslow County Registry. ❑ See Exhibit A attached. 2. Easement Area on Property Where Activities May Take Place: That portion of the Property, if any, which (1) Is seaward of the first line of stable vegetation, or (ii) is seaward of the toe of the frontal sand dune adjacent to the beach, or (III) is seaward of the crest of the erosion escarpment, whichever feature is most landward. 3. Activities. "Activities" are those tasks required of the Town under its Shoreline Protection Project, which tasks include evaluating, surveying, studying, monitoring, inspecting, preserving, patrolling, constructing, operating, maintaining, repairing, rehabilitating, nourishing, and replacing the public beach, the dune system and other erosion control and storm damage reduction measures together with appurtenances thereto, including depositing sand, altering Easement Area contours and profiles, building berms and dunes, moving, storing, and removing construction equipment and supplies, erecting and removing temporary structures, and performing any other work necessary and incident to the Shoreline Protection Project over, at, on, under and above the Easement Area. Activities do not include moving or damaging permitted permanent improvements within the Easement Area. 4. Grantor Reserved Rights. Grantor reserves the right to construct dune walkover structures to the extent allowed by any applicable Federal, State or local laws or regulations, provided that such structures shall not violate the integrity of the dune in shape, dimension or function. 5. Other Conditions: (a) Grantee will indemnify, hold harmless and defend the Grantor for any claim arising from Activities on the Property; (b) Grantee has no responsibility to restore or repair natural forces damage; (c) Grantee makes no representations on sand volume, if any, to be placed on or DCM WILMINGTON, NC MAY 0 12015 in front of the Property or protective effects the Activities or SHORELINE PROTECTION PROJECT will provide the Property; (d) Grantor acknowledges (i) any raised lands created seaward of a pre -project mean high water mark is the property of the State of North Carolina subject to the public trust; (if) the fluctuating state of the ocean beach; and (ill) Grantee makes no representation on the precise location of either the most seaward boundary of the Property or the most landward extent of the public trust beach; (e) This Easement binds Grantor, runs with the title to the Property, and terminates on December 31, 2042; (f) Grantor and signatories acting on its behalf warrant and covenant that (i) Grantor's title to the Property is free and discharged from all right, title, claim or Interest of the Grantor or anyone claiming by, through or under Grantor; (if) Grantor will hold harmless, indemnify and defend Grantee from such claims; and (iii) all signatories executing this instrument on behalf of Grantor have authority to do so; and (g) Grantee shall have the right to temporarily or permanently assign this easement to the federal, state, or county governments, or any agencies or department thereof or any governmental authority formed to implement beach nourishment, renourishment and / or stabilization related to the Shoreline Protection Project, IN WITNESS WHEREOF this instrument is executed by the Grantor under seal, and if an entity, Grantor has caused this instrument to be signed in the entity name by its duly authorized agent and its seal to be hereunto affixed, and IN TESTIMONY WHEREOF, the Grantor has executed this Easement this the _Nay Pf G_ 2012. Signature: / - ,/" Signature: Print Nam�e�I1RC C-y ANN Print Name: Signature: g)1omn 4 C -` `�n� Signature: Print Name: ��\an �� V CAnn Print Name: STATE OF Mfit✓L!-fn//) COUNTY OF ainle S 1, % E.�ESo-2 /-7 cnky a Notary Public of the County and State aforesaid, certify that B%flAN ,CVAme V,i /V/y and 6E044e C V,9,VAL personally appeared before me this day and acknowledged the execution of the foregoing instrument. Witness my hand and official stamp or seal, this day of P1,q1.2CA9 2012. Notary Public 1 a My commission expires: d5 T: Yr. ' STATE OF _ COUNTY OF a Notary Public of the County and State aforesaid, certify that and personally appeared before me this day and acknowledged the execution of the foregoing instrument. Witness my hand and official stamp or seal, this day of 2012. MAY 1 0 9015 Notary Public L , „w,lv� s My commission expires: RECEIVED DCM WILMINGTON, NC MAY 0i2015 AEC HAZARD NOTICE Project Is In An: X Ocean Erodible Area X High Hazard Flood Area %< Inlet Hazard Area Property Owner: Property Address: Date Lot Was Platted: This notice is intended to make you, the applicant, aware of the special risks and conditions associated with development in this area, which is subject to natural hazards such as storms, erosion and currents. The odes of the Coastal Resources Commission require that you receive an AEC Hazard Notice and acknowledge that notice in writing before a permit for development can be issued. The Commission's rules on building standards, oceanfront setbacks and dune alterations are designed to minimize, but not eliminate, property loss from hazards. By granting permits, the Coastal Resources Cnmmission does notguarantoc the safety of the development and assumes no liability for fiumrc damage to the development. Permits issued in the Ocean hazard Area of Environmental Concern include the condition that structures be relocated or dismantled ifthey become imminently threatened by changes in shoreline configuration. The structure(s) must be relocated or dismantled within two (2) years of becoming inuninently threatened, and in any case upon its collapse or subsidence. The best available information, as accepted by the Coastal Resources Commission, indicates that the annual long-term average ocean erosion rate for the area where your properly is located is IV t t/.7 feet per year. 77te rate was established by careful analysis of aerial photographs of the coastline taken over the past 50 years. Studies also indicate that the shoreline could move as much as 3 - ' feet landward in a major storm. The flood waters in a major storm are predicted to he about /1, feet deep in this area. Preferred oceanfront protection measures arc beach nourishment and relocation of threatened structures. Hard erosion control structures such as bulkheads, seawalls, revetments, groins, jetties and breakwaters are prohibited. Temporary sand bags may be authorized under certain conditions. The applicant must acknowledge this information and requirements by signing this notice in the space below. Without the proper signature, the application wil I not be complete. C0ti_' 31�cC ---.. L ci zQ [ z0 L5 Applicant Signet Date pj' s- .'(-tom M2a � n!-[own C (s /�-__ SPECIAL NOTE: This hazard notice is required for development in areas subject to sudden and massive storms and erosion. Permits issued for development in this area expire on December 31 of the third year following the year in which the permit was issued. Shortly before work begins on the project site, the Local Permit Officer must be contacted to determine the vegetation line and setback distance at your site. if the property has seen little change since the time of permit issuance, and the proposed development can still meet the setback requirement, the I TO will inform you that you may begin work. Substantial progress on the project must be made within 60 days of this setback determination, or the setback must be remeasured. Also, the occurrence of major shoreline change as the result of a storm within die 60-day period will necessitate remeasuremenl of the setback. It is important that you check with the LPO before the permit expires for official approval to continue the work after the permit has expired. Generally, if foundation pilings have been placed and substantial progress is continuing, permit renewal can be authorized. It is unlawful to continue work after permit expiration. For more intbrmation, contact: Local Permit Officer Address Locality 9io �i6 7Z2- Phone Number RECEIVED MAY 12 1015 RECEIVED DCM WILMINGTON, NC MAY 0i2015 Revised Z007 N.C. DIVISION OF COASTAL MANAGEMENT AGENT AUTHORIZATION FORM Date `"I I Z512,41 S Name of Proopeert/y/ Owner Applying for Permit: //I•A/n G� /✓O/fh �dnint � LJP. �C%^ Mailing Address: n 0? h� `l9f'.(�Cfi� d C-4. //0.41. L&:VA , /NC. z 8 Y6o C A, I01annr%n71nt/Cr I certify that I have authorized (agent) &-r IVOA 60,. U n^ •/-1n L-. • to act on my v behalf, for the purpose of applying for and obtaining all CAMA Permits necessary to install or construct (activity) Nr14 lalg ad nJ, Ge,44e at (my property located at) /11.r4heA,1 ern d af A&4, 7es"l v�. tom• �-rrc.,1 S�Z'/��.�, This certification is valid thru (date) Z' 3 1 201 S C �^— "��� NI ZY/ Zo ►s Property Owner Signature Date RECEIVED Assf.'1'o,tirt I✓te-���TO,,,,r. Cl¢,✓�, MAY 12 2015 uwwrunnwi+ 4-1 RECEIVED DCM WILMINGTON, NC MAY 0 12015 Coastal Planning & Engineering of North Carolina, Inc. 4038 MASONBORO LOOP ROAD RECEIVED WILMINGTON, NC 28409 Tel: 910.791.9494 MAY 12 2015 uu,vrwnu uu�• May 1, 2015 Re: REVISED RESTORATION PLAN FOR THE TOWN OF NORTH TOPSAIL BEACH. REQUEST FOR MODIFICATION TO PERMIT #92-14. Adjacent Riparian Property Owner Notification Dear Sir or Madam: On behalf of the Town of North Topsail Beach (TOWN), Coastal Planning & Engineering of North Carolina (CPE-NC), Inc. is submitting a Coastal Area Management Act (CAMA) Major Permit Modification application to the North Carolina Division of Coastal Management (NC DCM) for work occurring within an Area of Environmental Concern. As more completely described in the attached application, the TOWN intends to submit a CAMA Major Modification application to allow the temporary construction containment tubes, chock tubes and scour aprons to remain until the completion of the planned Onslow County shallow -draft navigation project or March 31, 2016 whichever is sooner. Attached to this notice, please find a copy of the application as submitted to the NC DCM office. Within 30 days from receipt of this notice you may submit comments regarding the referenced project to the following address: Attn: Ms. Debra Wilson Division of Coastal Management North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Sincerely, COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. RECEIVED Greg Finch, Agent, CPE-NC DCM WILMINGTON, NC YAY 0 12015 South End Adjacent Riparian Owners • 2284-B New River Inlet Road George Neal III 3203 Henderson Rd. Greensboro, NC 27410-6032 • 2284-A New River Inlet Road Wayne and Margaret Nielson 19471 Youngs Cliff Rd. Sterling, VA 20165 North End Adjacent Riparian Owners • 2386 New River Inlet Rd. George and Dianne Vann 12926 Couples Pl. Waldorf, MD 20601 RECEIVED MAY 12 1015 M1 O .A C' a $-. Ponape 6 T�M Ijr�. Cereeed Fee �`� sd it 0 O RaWm Re¢e1Ft Fse t' PDOUn Nxe 0 �ErWo�sement Requue0) Restdl ee Dellwry Fee }�� O (ErWursemenl Regweo) � °7 S TOW Pokped Fees m S JO/Il r0 ra ... st::rtom,ri i1....1.)a............."................... xv.—Ahx. I ..... tJ£"7 r. wP ftxN 3)6 ` f ...............................At� .....ti.t�!l' Shs.a.. ^sr�....-..__......... city, slat , PIP�d Postal CERTIFIED MAIU) RECEIPT S Domestic only Jr r-3 r—1 nosh'. 741-- S C' To,,, O Ce Ifw Fee yy }� O Rehm Ft npt Fee IEraolsemanl ReO.lretll �: jaosv, n. o- Mere ResrncteU t)e�ivery Fee t().i 1 (Enoaraenient Reauveal 0r -r sss Tom Pomgp & P S fE.24 ti Ob m S ` t -til e M1 a N p t` m PO 8 . No.... wPoBox No. .. 5..._'...:`...-. �:_--.-... cllr.'-siar.�nP.e I �• --- --- r-1 a . s ru .D Ir ri ,- r-R r� POslepe S C Cenllbo Fee O O peMn RecelPl Fee O (EMweemn+l ReWlroo) C3 ReaeMeeC DaMOrY Fee O (Enooreemsnl R* WWW) Cr = T.W Pokes 6 Fee. 9 m p Srroet h-nplw.o., M1 orpoa"Na. ";sae , $3,31) 'eC �ae me s2.7 _ pne 50.+3 I Y �,. tc. .24 7, � A NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor May 7, 2015 Town of North Topsail Beach Attn: Stuart Turille, Town Manager 2008 Loggerhead Ct. North Topsail Beach, NC 28460 Dear Mr. Turille: Donald R. van der Vaart Secretary RECEIVED MAY 12 2015 ry,.+� rnoi Gli�' The Division of Coastal Management hereby acknowledges receipt of your application for a LAMA Major Development Permit Modification (CAMA Major Permit No 92-14), as submitted on your behalf by Coastal Planning and Engineering. According to the information we have received, you are requesting State approval for development activities between 2284 and 2382 New River Inlet Road, adjacent to the Atlantic Ocean, in North Topsail Beach, Onslow County. With exception of the signed certified return mail receipts, the application was received as complete on May 1, 2015, and appears to be adequate for processing at this time. The projected deadline for making a decision is July 16, 2015. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75m day. If this agency does not render a permit decision within 70 days from May 1, 2015, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. 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. cerely� J ail d Representative Enclosure cc: Jonathan Howell, DCM Mickey Sugg and Tyler Crumbley, COE Maria Dunn, NCWRC Joanne Steenhuis, NCDWR Coastal Planning and Engineering, Attn: Ken Wilson, 4038 Masonboro Loop Road, Wilmington, NC 28409 127 Cardinal Drive EA, Wilmington, NC 28405 Phone: 910-796-7215\ FAX:910-3953964 Internet: www.ncoDastalmanagement.net \TO1'1'IC1: AMA PERMIT APPLIED FOR ..� �•• .� • ••• • •1• 1' ll' • -• • ift VJLWJJJLW1WJ A 1810 11 A 112 Awl HEM 4 .: through March -21, 9016� or. un -tit the On slow C ounty channial maintenance project is completed., in North Topsail Beach, Onslow Co. COMMENTS APPLICANT: For: Town of NTB 92-14MM FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: NC NC Div. of Coastal Managemen# a 127 Cardinal Drove Ext. 0 ec Wilmington, NC 28405 ` ,r Jason Dail, Field Representative 910-796-7221 May 1, 2015 Ms. Debra Wilson Division of Coastal Management North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 LEA 5� 1� �tW" 0"str fAo1,S�iv'y aECEVEo MAY 12 2015 RE: Revised Restoration Plan for Town of North Topsail Beach Regarding CAMA Violation No.15-05D- Property located between 2276 & 2392 New River Inlet Road, Onslow County — Request for Modification to Permit #92.14. Dear Ms. Wilson, The Town of North Topsail Beach (TOWN) acknowledges the receipt of your April 24, 2015 notice directing the TOWN to submit a CAMA Major Modification application to allow the temporary construction containment tubes, chock tubes and scour aprons to remain until the completion of the planned Onslow County shallow -draft navigation project or March 31, 2016; whichever is sooner. The sand tube was permitted through the CRC variance process on November 26, 2014 (CAMA Major Permit 92-14). The condition of the permit for which the TOWN is seeking a modification is the extension of time in which the temporary construction containment tube can remain prior to its removal. As stipulated in Permit #92-14, the containment tube was to be removed upon completion of the sandbag revetment or by May 21, 2015; whichever is sooner. As we explained in out letter dated March 20, 2015, while we have seen some positive shoreline changes along the north end of North Topsail Beach, the behavior of the shoreline remains volatile. This volatility continues to threaten the possible undermining of portions of the sandbag revetment. The potential for undermining is currently being held in check by the presence of the sand tubes. A complete application package is attached and includes a detailed project narrative along with an aerial photo of the project site taken near the time of completion of the sandbag revetment. Other information being submitted with this request includes forms MP-1, MP-4, an AEC Hazard Notice, list of adjacent riparian owners notified, easements showing ownership, and the required fee. Please note that we will supplement or amend any of these items as needed. Please contact me at 910.791.9494 (office) or 910.443.4471 (cell) should you have any questions or need additional information. Very truly yours, COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. Ken Willson RE CE jvR D Project Manager MAY 0 12015 RECEIVED CCM WILMINGTON, NC Cc: Tom Jarrett (CPE-NC) Stuart Turille (North Topsail Beach) Braxton Davis (Div. of Coastal Management) Doug Huggett (Div. of Coastal Management) Jonathan Howell (Div. of Coastal Management) Jason Dail (Div. of Coastal Management) Brian Edes (rown Attorney) RECEIVED MAY 1 2 2015 RECEIVED DCM WILMINGTON, NC MAY 0 12915 AMA dCDENR �r 5.5 rw P North Carolina Department of Environment and N Pat McCrory Governor May 8, 2015 RECEIVED MEMORANDUM: MAY 13 2H TO: Shane Staples DCM-Flsherles Fisheries Resource Specialist wARO DCM - WaRO FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator - 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA / D&F Permit Application Review Applicant: Town of North Topsail Beach 92-14MM der Vaart Secretary Project Location: 2284 — 2382 New River Inlet Rd., adjacent to the Atlantic Ocean, In NTB, Onlsow County Proposed Project: Applicant proposes to extend the time granted for the existing temporary construction containment tubes (2284 - 2382 New River Inlet Rd., adjacent to the Atlantic Ocean), to remain in place through March 31, 2016, or until the Onslow County channel maintenance project is completed., in North Topsail Beach, Onslow Co. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by June 1, 2015. 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: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. K This agency objects to the project for reasons described in the attached comments. 04 SIGNED ,�%%w�/'G9 DATE S� 9X S N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-7215 1 FAX 910395-3964Internet: www.nccoastalmanaaement.net An Equal Opportunity 1 Alnrmalire Action Employer North Carolina Pat McCrory Governor �ICDENR Department of Environment. and Natural Resources MEMORANDUM: TO: Jonathan Howell, DCM Assistant Major Permit Coordinator FROM: Shane Staples, DCM Fisheries Resource Specialist SUBJECT: Town of Topsail Beach 92-14MM DATE: 5/29/15 Donald R. van der Vaart Secretary A North Carolina Division of Coastal Management (DCM) Fisheries Resource Specialist has reviewed the subject permit application for proposed actions that impact fish and fish habitats. The Town of North Topsail Beach is requesting authorization to allow for an existing temporary containment tube (Geotube) to remain in place until March 31, 2016 or until completion of the Onslow County channel maintenance. The structures in question interfere with normal intertidal habitat functions and processes. The intertidal beach zone supports benthic organisms such a coquina clams and mole crabs as well as foraging, nursery, and refuge areas for variousjuvenile fishes which support predatory species that feed in the area such as red drum and flounder. Oceanfront shoreline armoring is documented to degrade beach surf zones by changing erosion patterns and rates as well as effecting. sediment grain,size. This can result in a narrower surf zone, increased turbidity, and reduced abundance and diversity of benthic macroinvertebrates. A large shoreline hardening structure, such as the Geotubes in question, remaining in place for an extended period of time is likely to have significant adverse impacts to habitats critical to fish, shellfish, and other'organisms that Inhabit or simply frequent the intertidal zone. These impacts include continued loss of habitat that is currently filled by the bags and degradation to the surrounding habitat caused by the Geotubes' interference with normal beach shoreline processes. Additionally, pictures taken by a NCWRC representative during a site visit on May 15, 2015 show the structures largely uncovered; removing these structure before they can become entrench in the beach would reduce impacts habitat in the area possible.during removal operations. Contact Shane Staples at (252) 948-3950 or shane.staolesPncdenr.gov with further questions or concerns. 1601 Mail Service Center„Raleigh, Noah Carolina 27699-1601 Phone: 919-707-86001Internet www.ncdenr.gov An Equal Cpporlunity I AlBrmalve Action Employer — Made in part by recycled paper DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 REny TO ''1 ATPRMONOR Judy 8, 2015 Regulatory Division Action ID No. SAW-2014-01700 Mr. Stuart Turille Town of North Topsail Beach 2008 Loggerhead Court North Topsail Beach, North Carolina 28460 Dear Mr. Turille: Please reference the December 2, 2014 verification and March 24, 2015 modification of the Regional General Permit 291, issued to the Town Of North Topsail Beach for activities . associated with the construction of a 1,500 linear foot sandbag revetment which authorized the discharge of fill material into 1.54 acres of waters of the U.S. adjacent to the Atlantic Ocean and located from 2276 to 2382 New River Inlet Drive, in the Town of North Topsail Beach, in Onslow County, North Carolina. Additional impacts authorized were associated with the construction of a temporary containment tube and scour apron waterward of the sandbag revetment. In accordance with your application and project plans dated October 3, 2014 and the CAMA permit # 92-14 special condition # 11, made part of the Department of Army Permit, which specifically required the temporary- containment tubes to be removed in their entirety upon completion of the construction of the sandbag revetment, or by May 21, 2015 whichever was sooner, this project is considered to be in non-compliance. On May 11, 2015 this office received a copy of your application to the North Carolina Division of Coastal Management (NC DCM) requesting a time extension for the temporary containment tubes to remain in place through March 31, 2016, or until the Onslow County channel maintenance project is completed in North Topsail Beach. This request was denied by the NC DCM on June 2, 2015 and subsequently, in accordance with 33 CFR Part 32p.4 0), our office also denied your request without prejudice on June 10, 2015. Overall, the Corps' position is to bring your project into compliance. To accomplish this, the Corps requests that you remove the temporary containment tubes immediately upon the end of the turtle nesting and hatching season, which occurs between May 1 and November 15. In consideration thereof, we ask that you please advise this office of your intentions and plans to comply with the terns outlined in this letter within 30 days of receipt of this letter. RECEIVED JUL 13 20t -2- Thank you for your time and cooperation. We look forward to resolving this matter. Should you have questions, please contact Ms. Liz Hair at (910) 251-4049, or Mr. Dale Beter at (910) 251-4631. Sincerely, Kevin P. Landers / Colonel, U. S. Army District Commander Copies Furnished: Mr. Kenneth Wilson Coastal Planning & Engineering of NC, Inc. 4038 Masonboro Loop Road Wilmington, North Carolina 28409 Thomas G. Walker, U. S. Attorney Eastern District of North Carolina 310 New Bern Avenue Suite 800, Federal Building Raleigh, North Carolina 27611 Mr. Braxton Davis North Carolina Department of Environment and Natural Resources Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557 Mr. Doug Hugget North Carolina Department of Environment and Natural Resources Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557 -3- Ms. Joanne Steenhuis North Carolina Department of Environment and Natural Resources Division of Water Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Mr. Jason Dail North Carolina Department of Environment and Natural Resources Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405 RECEIVED JUL 13 2015 COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. 4038 MASONBORO LOOP ROAD, WILMINGTON, NC 28409 910-791-9494 PHONE 910-791-4l 9 FAX March 5, 2015 Ms. Debra Wilson Division of Coastal Management North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 A t 0 RE: Compliance Action Plan — Regarding "Geombc" located between 2276 & 2392 New River Inlet Road. Dear Ms. Wilson, This letter is in response to your request for an action plan regarding the removal of the "Geotube" located between 2276 and 2392 New River Inlet Road, dated February 27, 2015. As you are aware, the permit issued by the North Carolina Division of Coastal Management INC DCM) on November 26, 2014, permitted the applicant, the Town of North Topsail Beach, to use a temporary containment tube for construction of the project. Due to continued rapid deterioration of the project area leading up to construction, the Town requested the design modification to use a temporary geotextile containment tube to stabilize the project area. The stated purpose of the containment tube was two -fold. 1) The containment tube would allow for a safer work environment landward of the tube to expedite the installation of the sand bag revetment; and 2) The containment tube would stabilize the chronic erosion threatening both the foundations of the houses and the property between the landward side of the houses and the road. Mobilization of equipment to the project area began on December 9, 2014. In order to allow for construction of the sand bag revetment, a geotextile containment tube was filled in place on top of a scour apron seaward of the proposed sand bag revetment location. The first containment tube was placed on December 13, 2014 (Figure 1). The 10d, tube was placed on December 22, 2014 (Figure 2). The original plan was to extend the tube south along the shoreline and terminate in a shore parallel orientation 50 ft. north of the Topsail Reef revetment. However, during the installation of the tube, the contractors and engineer observed high velocities of water flowing out of the protected area during ebbing tides. If such flows were channeled toward the Topsail Reef revetment, there would be a high probability of scour to occur around the base of the Topsail Reef return wall. The contractor and CPE-NC agreed to turn the southern end of the geotube landward and tie into high ground prior to shutting down for the Christmas break in order to avoid such a scenario. Figure 2 shows the orientation of the southernmost temporary containment tube after installation. The containment tube worked as designed providing temporary protection to the work area and preventing further loss of sand from the project area during the construction of the sand bag revetment. The nominal dimension of the temporary containment tube is 30 ft in circumference. The tubes achieved variable heights of approximately 3 to 5 ft. and a width of 12 ft. Individual tubes range in length from 100 to 150 ft. The contractor returned to the project site on December 28th, 2014 and began laying the base layer of the sand bag revetment in the vicinity of 2378 New River Inlet Road on the northern end of the project area. On January 14th, the contractor cut through the southernmost temporary containment tube in order to construct the sand bag revetment. Over the course of the following two weeks the southernmost containment tube deflated and the remains of the southern -most tube, scour apron, and chock tube were removed. Construction of the sand bag revetment extending approximately 1,500 ft. north from the Topsail Reef was substantially completed on February 25, 2015. As of the date of this letter approximately, 1,350 ft. of the containment tube is still in place fronting the revetment from 2378 to 2290 New River Inlet Road. `1 to LY '�✓ y 4 71 4038 MASONBORO LOOP ROAD, WILMINGTON, NC 28409 • PHONE: 910.791.9494 • FAX 910.791.4129 COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. A LEI I '11�Io1� M Figure 2. Southem-most temporary containment tube installed December 22, 2014 As you indicated in your letter, Condition 11 of CAMA Major Permit #92-14 states: In accordance with commitments made by the permittee, the authorized temporary construction containment tube used to assist in the safe construction of the authorized temporary sand bag revetment shall be removed in its entirety either immediately upon project completion, or by May 21, 2015, whichever is sooner. Additionally, should the Division of Coastal Management determine that the temporary construction containment tubes are no longer needed or are no longer serving their intended purpose of providing a safe work environment landward of the tubes, the tubes shall be removed immediately upon written notification by the Division. The Town acknowledges the temporary containment tube was permitted for construction purposes only and was not intended to be a lasting feature of the sand bag revetment. The Town signed the permit with the intent to comply with all conditions of the Permit. Significant accretion of sand has occurred along the southern portions of containment tube throughout the last month of construction. Approximately 1,000 ft. of the southern portion of the containment tube has been partially or completely covered with sand (Figure 3). Given the amount of burial that has taken place, the excavation and removal of the tube at this point would likely be detrimental to the integrity of the sand bag revetment. 4038 MASONBORO LOOP ROAD, WILMINGTON, NC 28409 • PHONE: 910.791.9494 • FAX 910.791.4129 COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. Courtesy of Mike Capuano) Likewise, in those portions of the revetment where the tube is still exposed, the tube is clearly providing scour protection to the sand bag revetment. In my professional opinion, the removal of the partially buried and exposed sand tube will result in rapid scour along the toe of the sand bag revetment located in these areas which will in turn lead to the failure of the sand bag revetment. Observations made during the construction process indicate the tubes have not had any noticeable adverse impact to adjacent shorelines as compared to revetments composed of only sand bags. Therefore, allowing the sand tube to remain for the duration of the time allowed for the sand bag tevetment would not have any greater negative impact on adjacent properties than the impacts associated with the sand bag revetment itself. The intent of the channel realignment project constructed by the Town of North Topsail Beach between December 2012 and February 2013 under CAMA Major Permit #79-10 was to induce reconfiguration of the ebb delta by redistributing material from the north side of the delta to the south side. A build-up of material on the south side of the ebb tide delta would provide a higher degree of wave sheltering to the north end of North Topsail Beach which should eventually lead to a reduction in shoreline erosion rates immediately south of the inlet in the short term and possibly some widening of the beach in the long term. Figure 4 shows a schematic diagram of the expected ebb shoal reconfiguration. Engineering documents associated with the permitting and design of the project stated that predictions of the actual time for the shoreline between stations 1140+00 (area from between Buildings #5 and #6 of 4038 MASONBORO LOOP ROAD, WILMINGTON, NC 28409 • PHONE: 910.791.9494 • FAX 910.791.4129 COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. Topsail Reef) and 1160+00 (south shoulder of New River Inlet) to respond to the new channel cannot be made with a high degree of certainty; however, significant accretion should occur within 5 years with full recovery occurring within 15 years following the channel relocation (CPE-NC, 2009). These projections were based on the implementation of a channel maintenance program that would maintain the channel in the preferred location. Figure 4. Schematic diagram showing the intended reconfiguration of the ebb tide delta as a result of the channel realignment project (Photo from October 2003). The Town of North Topsail Beach is committed to establishing and maintaining a healthy beach along the north end of the Island. The Town has also shown a commitment to protect New River Inlet Road to allow the ocean front property owners as well as those property owners along Oyster Lane, Port Dr., River Drive, and the Beach Club to continue to have access to their property. This commitment was clearly demonstrated by the Town undertaking the Sand Bag Revetment project. The Town continues to monitor the channel realignment project closely. Monitoring data over the past 2 years suggests that the ebb shoal is reconfiguring to a preferred alignment as designed; however as stated in the engineering documents, this process will take time. 4038 MASONBORO LOOP ROAD, WILMINGTON, NC 28409 • PHONE: 910.791.9494 • FAX 910.791.4129 COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. The commitments to remove the sand tubes in accordance with the permit conditions were made in good faith and based on the belief the sand bag revetment alone would be able to provide the degree of protection needed to preserve the area until the inlet channel relocation project begins to produce measurable positive impacts on the area. However, the rapidly changing conditions along the north end of North Topsail Beach and the accelerated rate of loss of material from the area has made it abundantly clear that the sand bag revetment alone will not be able to protect the homes or the roads in this area for a sufficient amount of time to allow for gradual recovery of the shoreline associated with the channel realignment project. For all of the reasons stated above, the Town of North Topsail Beach is requesting a permit modification to allow the sand tubes to remain in place for the duration of the permit as stated in Condition 4 and Condition 7 of CAMA Major Permit #92-14 governing the time limits of the sand bags. Please contact me at 910.791.9494 (office) or 910.264.2166 (cell) or Mr. Ken Willson at 910.443.4471 (cell) should you have any questions or need additional information. Very truly yours, COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. Tom Jarrett, P.E. Project, Engineer Cc: Ken Willson (CPE-NC) Stuart Turille (North Topsail Beach) Braxton Davis (Div. of Coastal Management) Doug Huggett (Div. of Coastal Management) Jonathan Howell (Div. of Coastal Management) Jason Dail (Div. of Coastal Management) 4038 MASONBORO LOOP ROAD, WILMINGTON, NC 28409 • PHONE: 910.791.9494 • FAX 910.791.4129 COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA. INC. DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 EEPLYTO ATr=ON OF: March 24, 2015 Regulatory Division Action ID No. SAW-2014-01700 and State Permit No. 92-14 Mr. Stuart Turille Town of North Topsail Beach 2008 Loggerhead Court North Topsail Beach, North Carolina 28460 Dear Mr. Turille: Through coordination with the North Carolina Division of Coastal Management, we have learned of your request to modify the work associated with your Department of the Army (DA) permit issued on December 2, 2014, which authorized the additional linear footage of sandbag placement, on North Topsail Beach, Onslow County, North Carolina. The requested modification includes the addition of sandbag revetment, beginning at the northern terminus of the existing revetment. Your proposal continues to be consistent with the provisions and objectives of general permit No. 19800291 (copy enclosed). The permit is hereby modified after -the -fact. It is understood that all other conditions of your permit remain applicable. The expiration date of your DA permit is December 31, 2016. If you have any questions or comments you may reach me at telephone (910) 251-4170. Sincerely, •r" �� A /� avi-I l./ Tyler Crumbley, Project Manager Wilmington Regulatory Field Office Enclosure: GP291 Conditions .14 -2- Copies Furnished (without enclosures): Mr. Jonathan Howell Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557 Ms. Debra Wilson Division of Coastal Management North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Wilmington, North Carolina 28405 Mr. Joanne Steenhuis Division of Water Resources North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Wilmington, North Carolina 28405 -2- Copies Furnished (without enclosures): Mr. Jonathan Howell Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557 Ms. Debra Wilson Division of Coastal Management North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Wilmington, North Carolina 28405 Mr. Joanne Steenhuis Division of Water Resources North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Wilmington, North Carolina 28405 DEPARTMENT OF THE ARMY Wilmington District Corps of Engineers Regulatory Division 69 Darlington Avenue Wilmington, North Carolina 28403-1343 a ym n�onoF December 15, 2014 Wilmington Regulatory Field Office SAW-2012-00040 Mr. Pete Benjamin, Field Supervisor c/o: Ms. Kathryn Mathews, Fish and Wildlife Biologist 1 Raleigh Ecological Services Field Office / f U.S. Fish and Wildlife Service U[ Post Office Box 33726 Raleigh, North Carolina 27636-3726 Dear Mr. Benjamin: Reference is made to the Biological and Conference Opinions, dated November 25, 2014, in regards to formal Section 7 consultation for the Town of North Topsail Beach's shoreline stabilization proposal, specifically the construction of a 1,500 foot long sandbag revetment along the Atlantic Ocean shoreline and located from 2276 to 2382 New River Inlet Drive, in North Topsail Beach, Pender County, North Carolina. The proposed project has been assigned Action ID #SAW-2014-01700. The Rufa red knot was listed as a threatened species on December 11, 2014, after the completion of the Biological and Conference Opinions for the above described project. In accordance with 50 CFR 402.10, the Corps requests the conference opinion for the Rufa red knot be adopted as the biological opinion and that no further Section 7 consultation is necessary, unless required by 50 CFR 402.16. The Corps believes that there have been no significant changes in the action or in the information used during the conference that would alter the content of the opinion. If you have any questions regarding this letter, please contact Mr. Ronnie Smith at the letterhead address, by telephone at 910-251-4829 by fax at 910-251-4025, or by email at: Ronnie.d.smith@usace.army.mil. Sincerely, Scott C. McLendon Chief, Regulatory Division RECEIVED DEC 18 1014 DCM-MHD CITY -2- Copies Furnished Ms. Maria Dunn Habitat Conservation Program North Carolina Wildlife Resources Commission 943 Washington Square Mall Washington, North Carolina 27889 Mr. Jonathon Howell North Carolina Department of Environment and Natural Resources Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Ms. Heather Coats Division of Coastal Management North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Ms. Joanne Steenhuis Division of Water Resources North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Ms. Karen Higgins Division of Water Quality North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 RECEIVED DEC 1 % VA pyp�'N-NAN^ rfl'�' -2- Copies Furnished Ms. Maria Dunn Habitat Conservation Program North Carolina Wildlife Resources Commission 943 Washington Square Mall Washington, North Carolina 27889 Mr. Jonathon Howell North Carolina Department of Environment and Natural Resources Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Ms. Heather Coats Division of Coastal Management North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Ms. Joanne Steenhuis Division of Water Resources North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Ms. Karen Higgins Division of Water Quality North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 REGE{QED DEC � � 2014 Epp+¢�AH� L.{TY U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2006-00538 County: New Hanover CAMA Permit #: 99_14 GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Mr. Christopher Parker U.S. Life Saving Services, LLC 1 Auditorium Circle Wrightsville Beach, North Carolina 28411 Telephone Number: Size (acres) 0.46 Nearest Town Wrightsville Beach Nearest Waterway Banks Channel River Basin White Oak USGS HUC 03030001 Coordinates Latitude: 34.209499 Longitude:-77.798.527 Location description: The project area is adjacent to Banks Channel and is located at 1 Auditorium Circle. in Wrightsville Beach, New Hanover, North Carolina. Description of projects area and activity: This verification authorizes the discharge of rill material into 190 square feet of waters of the United States for the construction of a bulkhead. This project also involves construction of a docking facility, including a pier. platform. Boating dock and a boatlift, within 1550 square feet of navigable waters of the United States. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ® Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number or Nationwide Permit Number: GP 291 SEE ATTACHED RGP or NWP GENERAL and REGIONAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted CAMA application and Information dated September 12, 2014. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Ronnie Smith at 910-251-4829 or by email at ronnie.d.smitha(1.usace.armv.mil �— Corps Regulatory Official: Ronnie Smith \ Date: November 12, 2014 Expiration Date of Verification: December 31, 2016 RECEIVED mnv r d jpp DCM4.%l) Cgy SAW-2086-88538 Determination of Jurisdiction: A. ❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). B. ® There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. C. ® There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued . Action ID: SAW - Basis For Determination: Banks Channel is subject to the ebb and flow of the tide and exhibits a mean high water line as indicated by a water line. Banks Channel is a navigable water of the United States pursuant to the policies and criteria found at 33 CFR 329. Banks Channel is also a water of the United States pursuant to the policies and criteria found at 33 CFR 328. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B and C above). This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 1OM15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 2. SAW-2006-00538 Determination of Jurisdiction: A. ❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). B. ® There are Navigable Waters of the United States within the above described project area subject to the permit requirements.of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. C. ® There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued . Action ID: SAW - Basis For Determination: Banks Channel is subject to the ebb and flow of the tide and exhibits a mean high water line as indicated by a water line. Banks Channel is a navigable water of the United States pursuant to the policies and criteria found at 33 CFR 329. Banks Channel is also a water of the United States pursuant to the policies and criteria found at 33 CFR 328. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B and C above). This correspondence constitutes an approved jurisdictional determination for the above described site. Ifyou object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 1OM15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 2. In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by January 12,2014. "It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence " r-- Corps Regulatory Official: J� Ronnie Smith Date of JD: November 12, 2014 Expiration Date of JD: November 12, 2019 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at htto://regulatory.usacesurvey.com/. Enclosures: GP 291 Conditions CAMA Permit Copy Fumished without Enclosures: Mr. Jonathan Howell North Carolina Department of Environment and Natural Resources Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Mr. Robb Mairs North Carolina Department of Environment and Natural Resources Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Ms. Chad Coburn North Carolina Department of Environment and Natural Resources Division of Water Resources RECEIVED 127 Cardinal Drive Extension my t A X1 Wilmington, North Carolina 28405 SAW-2006-00538 Mr. Fritz Rhode National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Mr. Pace Wilber National Marine Fisheries Service Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Ms. Karen Higgins Division of Water Quality North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Todd Allen Bowers US EPA Region 4 Life Scientist Water Protection Division 61 Forsyth Street, SW Atlanta, GA 30303-8960 BOSN3 Mr. Scott McAloon United States Coast Guard Sector North Carolina Waterways Management 2301 E. Fort Macon Rd Atlantic Beach, NC 28512 SAW-2006-00538 Mr. Fritz Rhode National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Mr. Pace Wilber National Marine Fisheries Service Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Ms. Karen Higgins Division of Water Quality North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Todd Allen Bowers US EPA Region 4 Life Scientist Water Protection Division 61 Forsyth Street, SW Atlanta, GA 30303-8960 BOSN3 Mr. Scott McAloon United States Coast Guard Sector North Carolina Waterways Management 2301 E. Fort Macon Rd Atlantic Beach, NC 28512 ll ® North Carolina Wildlife Resources Commission Gordon Myers, Executive Director MEMORANDUM TO: Jonathan Howell, Assistant Major Permits Processing Coordinator Division of Coastal Management 2p4 e^ o5. s;wA9.�rr North Carolina Department of Environment and Natural Resources rVCW e_L Fiflm Dunn FROM: Maria T. Dunn, Coastal Region Coordinator`' Habitat Conservation Program J DATE: May 29, 2015 SUBJECT: CAMA Dredge/Fill Permit Application for Town of North Topsail Beach, Major Modification to 92-14, Onslow County, North Carolina. Biologists with the North Carolina Wildlife Resources Commission (NC WRC) reviewed the permit application with regard to impacts on fish and wildlife resources. The project site is located between 2276 and 2382 New River Inlet Road adjacent the Atlantic Ocean and New River Inlet. Our comments are provided in accordance with provisions of the Coastal Area Management Act (G.S. 113A- 100 through I I3A-128), as amended, Sections 401 and 404 of the Clean Water Act, as amended, and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.). The applicant proposes to extend the time granted for the existing temporary construction containment tubes (Geo-tubes) to March 31, 2016, or until the Onslow County channel maintenance project is completed. The NCWRC commented on the original permit application (Deaton 18 September 2014). At this time we stated significant concern for the structures with regard to hardening of the shoreline, the removal of sea turtle nesting habitat, and the loss of shorebird foraging area. Site visits have been conducted periodically to observe the structures and their impacts. Our comments and concerns from the original review remain the same. A copy of the September 18, 2014 memorandum is included for reference. Thank you for the opportunity to provide comment on this permit modification. If you need further assistance or additional information, please contact me at (252) 948-3916 or at maria. dunnaa,ncwildl ife.org Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 North Carolina Wildlife Resources Commission 0 Gordon Myers, Executive Director MEMORANDUM TO: Jonathan Howell, Assistant Major Permits Processing Coordinator NCDENR Division of Coastal Management ��nA FROM: Shannon L. D Program Manager Habitat Conservation n Program � DATE: September 18, 2014 SUBJECT: CAMA Dredge/Fill Permit Application for Town of North Topsail Beach, Onslow County, North Carolina. Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit application with regard to impacts on fish and wildlife resources. The project site is located between 2276 and 2382 New River Inlet Road adjacent the Atlantic Ocean and New River Inlet. Our comments are provided in accordance with provisions of the Coastal Area Management Act (G.S. 113A-100 through 113A-128), as amended, Sections 401 and 404 of the Clean Water Act, as amended, and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.). The applicant proposes to install a large sand bag (Geo-tube) revetment for approximately 1,450' to protect residential structures located along the north end of Topsail Island near the New River Inlet fronting the Atlantic Ocean. The Geo-tubes have a dimension of 7.5' in height and 45' in diameter and are proposed to be filled with approximately 10,000 cubic yards of sand from a nearby spit removing 12 to 15 inches of material from a 5 acre area.. This material will be mixed with water from the surf zone, slurried, and placed in the Geo-tube. The structure will lie approximately 20' below the normal high water level and 25' above the elevation of normal high water. This project area is included within the beach nourishment project covered under Permit No. 79-10. The waters at the project location are classified SA by the Environmental Management Commission. The NCWRC has reviewed the proposed project as a permanent hardening of the shoreline since the project as proposed does not meet conditions for temporary sand bags of imminently threatened structures. Sandbagging is intended as a temporary measure to minimize erosion with an alternate long term plan. Construction of a permanent hardened shoreline interferes with sediment transport, the natural migration of barrier islands, and increased erosion or scour to Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 CAMA Dredge/Fill Permit N. Topsail Beach, Onslow Co. adjacent properties. With these review considerations, the placement of the Geo-tube will significantly inhibit sea turtle access to the beach and remove nest laying area. The filling of the Geo-tube using 5 acres of material from the nearby spit will have habitat impacts by removing foraging and nesting habitats for shorebirds including species such as piping plover, red knot, and several tem species. Additionally, this project is within a permitted beach nourishment project which does not allow current shoreline structures/bags to be covered. NCWRC worked with the Town of North Topsail Beach to minimize impacts for the nourishment project and ensured the permit's conditions addressed our wildlife resource concerns. The addition of a 1,450' Geo-tube within this project boundary is contrary to NCWRC's minimization goals. Due to these concerns, NCWRC questions if the beach nourishment permit (Permit 79-10) will have reduced and altered effectiveness if this project is permitted as proposed. As proposed, this project will have significant adverse impacts to wildlife resources and we are requesting that alternatives be considered before this project is permitted. The NCWRC does not object to sandbagging of this area in the traditional sense as specified in NC Division of Coastal Management (NCDCM) rule, but we do not view sand bag revetments as long term solutions to control erosion issues along ocean front beaches. Please see our attached recommendations for the use of sand bags when deemed necessary by NCDCM. Thank you for the opportunity to review and comment on this permit application. Please feel free to contact Maria Dunn at (252) 948-3916 or at maria.dunn@ncwildlife.org if there are any additional questions or concerns. CAMA Dredge/Fill Permit N. Topsail Beach, Onslow Co. Recommendations for the use of sand bags under emergency conditions to minimize impacts to wildlife resources for coastal counties North Carolina Wildlife Resources Commission If it is determined imminently threatened structures should be protected with sand bags as specified in NC Division of Coastal Management (NCDCM) rule, NCWRC has these concerns and recommendations: Proposed work should be conducted outside the shorebird and sea turtle nesting moratoria, or from April 1 —November 15, or until the last know turtle nest has hatched. If this project is declared an emergency and sandbags must be placed at imminently threatened structures during the moratoria, we request that the work be expedited to the greatest extent possible to reduce the potential for any unintended impacts to nesting sea turtles and their nests. All work should be conducted during the daytime only and only begin after qualified sea turtle monitors have evaluated the project area for any potential sea turtle nesting activities. Regular sea turtle monitoring occurs on Topsail Beach and we strongly recommend that the applicant coordinate appropriately with this group. • The NCWRC would like the applicant to be aware of rule 15A NCAC 7H .0308 (a) (2) (g) in regards to sand bag removal in a timely fashion. This rule outlines that sandbags should not be allowed to remain in place for more than five years since North Topsail Beach has a beach nourishment plan currently permitted for this project area. • It is preferred that material used to fill sand bags comes from an offsite source. If it is determined that material from the spit could be used, we request NCDCM and the applicant consult with the NCWRC and USFWS to reduce impact to this area. Minimization of impact may include creating a tidal pool shorebirds could utilize and overall less area of impact with less removal of material. NCDENR Drth Carolina Department of Environment and Natural Pat McCrory Governor May 8. 2015 MEMORANDUM. TO Renee Gledhill -Early Dept. of Cultural Re! Archives & History rtl�mo— (rledti,ll- 5 as=lf DLrZ MAY 14 2015 Donald R. van der Vaart Secretary r'F-- FROM Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA / D&F Permit Application Review Applicant: Town of North Topsail Beach 92-14MM Project Location: 2284 - 2382 New River Inlet Rd adjacent to the Atlantic Ocean. In NT8, Onlsow County Proposed Project: Applicant proposes to extend the time granted for the existing temporary construction containment tubes (2284 - 2382 New River Inlet Rd . adjacent to the Atlantic Ocean), to remain in place through March 31 2016r or until the Onslow County channel maintenance project is completed, in North Topsail Beach, Onslow Cc Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by June 1, 2015. 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: This agency has no objection to the project as proposed Rom-- This agency has no cornment on the proposed project This agency approves of the project only if the recommended changes are incorporated. See attached This agency objects to the project for reasons described in the attached comments SIGNED & L L -F --DATE 0�'a6 • IS ----- /V� N.G. Division of Coaxial Managemeni. 127 Cardinal Drive E41, Wit mngion, NC 2$405 Phone. 910-796-7215t FAX 910-3%,3964 Internet: wwv.nccoastalmanaaernem net 4EAIWUEomaroiri.tlEmwb"A AEmote MAY 1 5 2015 I Pat McCrory Donald R. van der Vaart Governor Secretary June 2, 2015 CERTIFIED MAIL . RETURN RECEIPT REQUESTED Town of North Topsail Beach c/o Stuart Turille 2008 Loggerhead Court North Topsail Beach, NC 28460 Dear Mr. Turille: This letter is in response to your application for a major modification to permit no. 92-14 under the Coastal Area Management Act (CAMA), in which authorization was requested to allow the existing temporary construction containment tubes, as well as associated scour aprons and "chock tubes", located between 2284-2382 New River Inlet Road, to remain in place until at least March 16, 2016, or until the completion of a channel maintenance and beach nourishment project currently under development by Onslow County. Processing of the application, which was received as complete by the Division of Coastal Management's (DCM) Wilmington Regional Office on May 1, 2015, is now complete. Based on the state's review, the Division of Coastal Management has made the following findings: 1) The Town of North Topsail Beach was issued emergency CAMA Major Permit No. 92-14 on October 24, 2014 to allow for the construction of a 20' x 6' sandbag revetment at the subject property. CAMA Major Permit No. 92-14 was amended by way of a variance granted by the Coastal Resources Commission (CRC) on November 26, 2014 to allow for the construction of a 45' x 12' sandbag revetment. 2) Immediately prior to the issuance of the November 261h, 2014 Major Modification to CAMA Major Permit 92-14, the Town requested permission to install temporary construction containment tubes, and associated scour aprons and chock tubes seaward of the alignment of the sand bag revetment. The purpose of the temporary construction containment tubes was to "allow for a safer work environment landward of the tube, which will expedite the installation of the sand bag revetment." The Town further stated in a letter dated November 25, 2015, "Upon completion of the project, the temporary containment tube will be removed". 3) The temporary construction containment tube, as well as associated scour aprons and chock tubes, were not determined by the Division to constitute an additional erosion control response, and therefore could be permitted, provided that a) structures were designed in a manner that served only as a temporary construction methodology, and b) that a commitment was received from the Town stating that 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper the temporary construction containment tubes, scour aprons and chock tubes would be removed in their entirety either immediately upon project completion, or by May 21, 2015, whichever is sooner. 4) On November 26, 2014, a Major Modification to CAMA Permit No. 92-14 was issued. The Major Modification included the following conditions: 11) In accordance with commitments made by the permittee, the authorized temporary construction containment tube used to assist in the safe construction of the authorized temporary sand bag revetment shall be removed in its entirety either immediately upon project completion, or by May 21, 2015, whichever is sooner. Additionally, should the Division of Coastal Management determine that the temporary construction containment tubes are no longer needed or are no longer serving their intended purpose of providing a safe work environment landward of the tubes, the tubes shall be removed immediately upon written notification by the Division. m 13) The scour apron and "chock" tubes shall extend no further oceanward than the oceanward toe of the temporary construction containment tube. All portions of the scour apron and chock tubes located oceanward of the temporary sandbag revetment shall be removed in their entirety at the same time as the associated temporary construction containment tubes. 5) On February 24, 2015, the Division received notice from the Town's consultant that construction of the sand bag revetment was complete. 6) ' On February 27, 2015, the Division formally requested from the Town a plan for the removal of the temporary construction containment tubes, scour aprons and chock tubes. 7) Based upon the failure of the Town to proceed with a removal plan for these structures, the Division issued a Notice of Violation (NOV) to the Town on March 26, 2015. During settlement negotiations relating to the NOV, the Town was given the option to apply for a Major Modification to Permit No. 92-14, requesting permission to leave the temporary construction containment tubes, scour aprons and chock tubes in place until at least March 16, 2016, or until the completion of a channel maintenance and beach nourishment project currently under development by Onslow County. The Town chose this option, with the understanding that a variance from CRC rules would be necessary to allow these structures to remain in place. 8) The project will be located within the Ocean Hazard AEC and is therefore subject to the use standards of NCAC 7H.0308(a)(2)(K) and NCAC 7H.0308(a)(2)(L), the Ocean Hazard AEC Temporary Erosion Control Structures regulations of the N.C. Division of Coastal Management. 9) NCAC 7H.0308(a)(2)(K) states in part, "Sandbags used to construct temporary erosion control structures shall be tan in color and three to five feet wide and seven to fifteen feet long when measured flat." 10) NCAC 7H.0308(a)(2)(L) states, "Soldier pilings and other types of devices to anchor sandbags shall not be allowed." 11) Based upon the findings outlined above, the proposed project has been determined to be inconsistent with NCAC 7H.0308(a)(2)(K) and NCAC 7H.0308(a)(2)(L). Given the preceding findings, it is necessary that your request for issuance of a CAMA Major Modification to Permit No. 92014 under the Coastal Area Management Act be denied. This denial is made pursuant to N.C.G.S. 113A-120(a)(8) which requires denial for projects inconsistent with the state guidelines for Areas of Environmental Concern or local land use plans. If you wish to appeal this denial, you are entitled to a contested case hearing. The hearing will involve appearing before an Administrative Law Judge who listens to evidence and arguments of both parties before making a final decision on the appeal. Your request for a hearing must be in the form of a written petition, complying with the requirements of § 150B of the General Statutes of North Carolina, and must be filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714, within twenty (20) days from the date of this denial letter. A copy of this petition should be filed with this office. Another response to a permit denial available to you is to petition the Coastal Resources Commission for a variance to undertake a project that is prohibited by the Rules of the Coastal Resources Commission. Applying for a variance requires that you first acknowledge and recognize that the Division of Coastal Management applied the Rules of the Coastal Resources Commission properly in processing and issuing this denial. You may then request an exception to the Commission's Rules based on hardships to you resulting from unusual conditions of the property. To apply for a variance, you must file a petition for a variance with the Division of Coastal Management Director and the State Attorney General's Office on a standard form, which must be accompanied by additional information on the nature of the project and the reasons for requesting a variance. The variance request may be filed at any time, but must be filed a minimum of six weeks before a scheduled Commission meeting for the variance request to be eligible to be heard at that meeting. The standard variance forms may be obtained by contacting a member of my staff, or by visiting the Division's web page at http://www.nccoastalmanagement.net/web/cm/90. Sincerely, Braxton C. Davis Director, Division of Coastal Management cc: U.S. Army Corps of Engineers, Wilmington, NC 7 CO CO R1 ra P' Ir m 0 0 0 0 Ln ra m P.Rii6l p► lfe 4e i PSForm 3808, June 20021 See. Reverse for Instructions Huggett, Doug From: Stuart Turille <townmanager@north-topsail-beach.org> Sent: Wednesday, June 03, 2015 8:59 AM To: Huggett, Doug Subject: RE: Town of North Topsail Beach Major Modification request for CAMA Major Permit No. 92-'4 Mr. Huggett: I am in receipt. Thank you, Stuart Turille Town Manager North Topsail Beach From: Huggett, Doug rmailto:douct.hugoett(a)ncdenr.00vl Sent: Tuesday, June 02, 2015 4:31 PM To: Manager Cc: BrianECacmclawfirm.com; Willson, Kenneth (Ken neth.Willsonc@cbi.com); Wilson, Debra; Dail, Jason; Howell, Jonathan; Davis, Braxton C; Huggett, Doug; Goebel, Christine (cooebelftcdoj.gov); Crumbley, Tyler SAW; Gregson, Jim Subject: Town of North Topsail Beach Major Modification request for CAMA Major Permit No. 92-' 4 Mr. Turille Attached please find the Division's final action on your request to allow temporary construction containment tubes to remain in place for an extended period of time. Please let me know if you have any questions on this issue. Sincerely Doug Huggett Email correspondence to and from this sender is subject to the N.C. Public Records law and may be disclosed to third parties. 1 I ,, RECEIVED NORTH TOPSAIL BEACH SHORELINE PROTECTION PROJECT MAY 12 2015 NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT 0 """"9 P.ITr MAJOR PERMIT MODIFICATION APPLICATION Prepared for: The Town of North Topsail Beach Prepared by: COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. 4038 Masonboro Loop Road Wilmington, North Carolina 28409 Submitted to: North Carolina Department of Environment and Natural Resources Division of Coastal Management Wilmington Regional Office April 2015 RECEIVED DCM WILMINGTON, NC 141AY 0 12015 RECEIVED North Topsail Beach Shoreline Protection Project Phasel Emergency Sandbag Revetment MA1 19 2015 NCDCM Major Permit Application nco '-'--oy Contents 1 FORMS.............................................................................................................................................. 3 1.1 DCM MP-1.................................................................................................................................. 3 1.2 DCM MP-4..................................................................................................................................4 2 ATTACHMENTS...............................................................................................................................5 2.1 DCM MP-1. ADDITIONAL INFORMATION........................................................................... 5 2.1.1 6a. Project Narrative.......................................................................................................... 5 2.1.2 6b and c. Location Map and Work Plats....................................................................... 10 2.1.3 6d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties....................................................... 10 2.1.4 6f. Adjacent Riparian Landowner Notifications............................................................ 10 2.1.5 6h. Signed Agent Authorization Form........................................................................... 10 2.1.6 6j. Signed AEC Hazard Notice....................................................................................... 10 Appendices Appendix A: Work Plats and Location Maps Appendix B: Signed Agent Authorization Form, AEC Notice and Easements Appendix C: Adjacent Riparian Landowner Notifications RECEIVED DCM WILMINGTON, NC MAY 0 1 91115