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HomeMy WebLinkAboutoki comments-02272020111547DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD J APPLICANT: Town of Oak Island clo Dawn York COUNTY: Brunswick PROJECT NAME: 2019-2020 Oak Island Renourishment Program LOCATION OF PROJECT:10" Place West to SE 63rd Street, Adj to Atlantic Ocean, Oak Island DATE APPLICATION RECEIVED COMPLETE BY FIELD: 10-9-19 FIELD RECOMMENDATION: Attached: No FIELD REPRESENTATIVE: Coats yh DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PB&ITS UNIT: APPLICATION ASSIGNED TO: B'adumr. 6accrS PUBLIC NOTICE REC'D: 10-29-19 ADJ. RIP. PROP NOTICES REC'D: C) 75 DAY DEADLINE: 12-23-19 HOLDS: MAIL OUT DATE: 10-25-19 PERMIT FINAL ACTION: ISSUE DENY To Be Forwarded: N/A DISTRICT OFFICE: WILMINGTON FEE REC'D: $475 (60140)#077300 END OF NOTICE DATE: 11-19-19 DEED REC'D: Yes 150 DAY DEADLINE: 3 STATE DUE DATE: 11-19-19 AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES DCM-Field Rep-NM N *YLViCu/uI Tip-r^ K'rM dcsM' Local Permit Officer DCM N /} DCM — LUP Consistency Determination W Ct 11 ✓ yip (A!Wl� Rural Development Division DEMLR — Stormwater & Sed/Erosion krlt c d ci urlo • L j o f F 1;NV f eq DWR-401 131 20 OWE I bq " DOA — State Property Office DMF — Shellfish Section D L� NCDOT q 10 /A VV t form ✓WAr DMF - Habitat & Enhancement 116-1113D IN nda ul ;r1l00'Fueri DWR— PublicWaterSupply (7 3l USACE— Regulatory DNCR— Archives&History y� la i�' N/ alb e ,-(pAS,,l DNCR—Natural Heritage Program (��p�� / b yM,1\(j WRC — Wildlife Resources Commission I L h .h'a'1 M 0i 0% V V'V+ Coats, Heather From: Christenbury, Mike Sent: Monday, December 9, 2019 8:35 AM To: Coats, Heather Subject: Re: CAMA Major Application: Town of Oak Island No comments. It's consistent with the plan. Get Outlook for iOS From: Coats, Heather <heather.coats@ncdenr.gov> Sent: Friday, December 6, 2019 10:38:55 AM To: Christenbury, Mike <mike.christenbury@ncdenr.gov> Subject: FW: CAMA Major Application: Town of Oak Island Hi Mike, Do you have any comments for me on this project? If so, please let me know! Heather Heather Coats Beach & Inlet Management Project Coordinator Division of Coastal Management North Carolina Department of Environmental Quality 910 796 7302 office heather coats(.ncdenr cov 127 Cardinal Drive Extension Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to ,third parties. From: Pietila, Tanya K Sent: Friday, October 25, 2019 3:36 PM To: Weychert, Curtis R <curt.weychert@ncdenr.gov>; Christenbury, Mike <mike.christenbury@ncdenr.gov>; DCR - Environmental _Review <Environmental.Review@ncdcr.gov>; Butler, RodneyA <Rodney,Butler@ncdcr.gov>; Zeigler, Mark D <mzeigler@nccommerce.com>; Harris, David B <davidharris@ncdot.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org>; Walton, Tim <tim.walton@doa.nc.gov>; Moser, Mike <mike.moser@doa.nc.gov>; Hilliard, Wanda <wand@.hiIlia rd@doa.nc.gov>; Humphrey, Jeremy <jeremy.humphrey@ncdenr.gov>; Gupton, Sharon <sharon.gupton@ncdenr.gov>; Montalvo, Sheri A <sheri.montalvo@ncdenr.gov>; Hall, Christine <Christine.Hall@ncdenr.gov>; Sams, Dan <dan.sams@ncdenr.gov>; Cox, Heidi <heidi.cox@ncdenr.gov>; jmartin@moffattnichol.com; dyork@moffattnichol.com; Coburn, Chad <chad.coburn@ncdenr.gov>; Ronnie.d.smith@usace.army.mil Cc: Coats, Heather <heather.coats@ncdenr.gov>; Cannon, Amanda 1 <Amanda.Cannon@ncdenr.gov> Subject: CAMA Major Application: Town of Oak Island Hello All! Please accept this correspondence as the official distribution of CAMA application from the Town of Oak Island for development in Oak Island, Brunswick County. Attachments include: Field Investigative Report, work plans, comment sheet, and any other documents intended for you. Due to the size of the MP file, we are working on obtaining a shared link with additional information for your review. We should have this by next week and will distribute then. For questions or concerns, please contact Heather Coats at (910) 796 — 7302 or heather.coatsr"iu.ncdenr.,ov. Thank you! Tanya Tanya Pietila Permit Support Specialist NC Department of Environmental Quality NC Division of Coastal Management 127 Cardinal Drive Ext. Wilmington, NC 28405 Phone:(910)796-7226 Tanya.Pietila@ncdenr.gov •.. C". E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. I ROY COOPER MIC14AEL S. REGAN BRAXTON DAVIS -- Dirromc Dn�,.ion of Cousta! ll:mngcnirnr October 25, 2019 MEMORANDUM: FROM: Heather Coats, Beach & Inlet Management Project Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Fax: 910-395-3964 (Courier 04-16-33) heather. coats(ncdenr.gov SUBJECT: CAMA /Dredge & Fill Application Review Applicant: Town of Oak Island Project Location: 1Oth Place West to SE 63rd Street, adjacent to the Atlantic Ocean, Oak Island, Brunswick County Proposed Project: Beach nourishment project from 1Oth Place West to SE 63'd Street Please indicate below your agency's position or viewpoint on the ro osed ro'ect and return this form to Heather Coats at the address above by If you have any questions regarding the proposed project, contact Heather Coats at (910) 796-7302 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the projectas proposed. **Additional comments may be attached** This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. A-OXM IV C e f, o� Go rvirvt 9-ru. RECEIVED VM N__. aY f!.OV 06 2019 I t 4. / MP SECTION WIRO state of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext, Wihnington, NC 28405 919 7967215 m NORTH CAROLINA Environmental Oualitp October 25, 2019 MEMORANDUM: ROY COOPER Gmernnr MICHAEL S. REGAN ,Secrera BRAXTON DAVIS Direcrnr, Divrcinn,fCoustal :Management FROM: Heather Coats, Beach & Inlet Management Project Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Fax: 910-395-3964 (Courier 04-16-33) heather.coats(&ncdenr.gov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Town of Oak Island Project Location: 10°i Place West to SE 63b Street, adjacent to the Atlantic Ocean, Oak Island, Brunswick County Proposed Project: Beach nourishment project from 1011 Place West to SE 63ro Street Please indicate below your agency's position or viewpoint on the ro osed ro'ect and return this form to Heather Coats at the address above by . If you have any questions regarding the proposed project, contact Heather Coats at (910) 796-7302 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the projectas proposed. "Additional comments may be attached** This agency has no comment on the proposed project. X This agency approves of the project only if the recommended changes are incorporated. See: Activity seaward of the last line of stable vegetation, falls outside of DEMLR's jurisdiction. If one or more acres of land disturbance takes place landward of that line, it will be necessary for the applicant to apply for erosion & sediment control plan approval and stormwater sign -off. This agency objects to the project for reasons described in the attached comments. Dan Sams ® DEMLR RECEIVED NOV 15 2019 Nov 15, 2019 MP SECTION WIRO - - Stato-of-North Carolina I Environmental Quality I Coastal Management - - -- --- - 127 Cardinal Drive Ext., Wilmington, NC 28405 919796 7215 ROY COOPER Governor MICHAEL S. REGAN 5ecretary LINDA CULPEPPER Director Town of Oak Island ATTN: David Kelly 4601 E. Oak Island Drive Oak Island, NC 28465 NORTH CAROLINA Envlra=enlal Quality January 27, 2020 DWR q 18-1344 v2 Brunswick County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICAITON WITH ADDITIONAL CONDITIONS Town of Oak Island Beach Nourishment Dear Mr. Kelly: Attached hereto is a copy of Certification No. WQC004215 issued to Mr. David Kelly and the Town of Oak Island, dated January 27, 2020. This certification is not valid until the corresponding 404 permit is issued by the US Army Corps of Engineers and the Coastal Area Management Act (CAMA) Major Permit (or applicable authorizations) is issued by the NC Division of Coastal Management. Please note that you should get any other federal, state or local permits before proceeding with the subject project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty (60) calendar days. A petition form maybe obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. RECEIVED Mailing address for the OAH: lAN 3 1 2021 D_EQ . North Carolina Department of Environmental Quality I Divislon WrtlfeIMWILMiNGTON, NC.. 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699 1617 =_ cvuF�� ow.M.+ m.m r 919.707.9000 Town of Oak Island Beach Nourishment 401 Water Quality Certification DWR Project #20181344v2 WQC004215 Page 2 of 9 If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DEQ: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 Unless such a petition is filed, this Certification shall be final and binding. This certification completes the review of the Division under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Contact Paul Wojoski at 919-707-3631 or Pau l.Woioski@ncdenr.aov if you have any questions or concerns. Sincerely, Aq- Mac Haupt, sting Supervisor 401 & Buffer Permitting Branch cc: Jimmy Martin, Moffatt & Nichol (via email) Todd Bowers, EPA (via bowers.todd@epa.gov) NC Division of Coastal Management NC DWR WiRO NC DWR 401 & Buffer Permitting Branch file Filename: 181344v2TownofOa k isl a n d Beach Renou rishm ent(Bru nsw ick)_401_I C Town of Oak Island Beach Nourishment 401 Water Quality Certification DWR Project #20181344v2 WQC004215 Page 3 of 9 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION CERTIFICATION #WQC004215 is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500 and 15A NCAC 02B .0200, to Mr. David Kelly and the Town of Oak Island, who have authorization for the impacts listed below, as described within your Coastal Area Management Act (CAMA) application received by the N.C. Division of Water Resources (Division) on October 24, 2019; Public Notice issued by the US Army Corps of Engineers and received by the Division on November 21, 2019 and additional information received by the Division on November 27, 2019. The State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in accordance with the application, the supporting documentation, and conditions hereinafter set forth. This approval requires you to follow the conditions listed in the certification below. Conditions of Certification: 1. Impacts Approved. The following impacts, as detailed in your August 23, 2019 CAMA Major Application to the NC Division of Coastal Management, are hereby approved provided that all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved, including incidental impacts. (15A NCAC 02H .0506(b) and/or (c)]: Type of Impact Amount Approved (units) Plan Location or Reference Permanent Open 1,100,000 (cubic yards) Sheets C-100, C-115 and C-301 "Borrow Water/Shallow Material Removed Plan View" and "Borrow Area Cross Bottom Dredge Secitons" 304 (acres) Jay Bird Shoals Borrow Area Brunswick County Oak Island Renourishment Project 2019/2020 dated August 13, 2019 Fill for Beach 122 (acres) Sheets G-004 and C-114 through C-101 Nourishment (below MHW) Brunswick County Oak Island Renourishment Project 2019/2020 dated August 13, 2019 2. All construction activities shall be performed and maintained in full compliancRFAIMW—D permit(s) issued by the NC Division of Coastal Management. JAN 31 2020 DCM WILMINGTON, NC Town of Oak Island Beach Nourishment 401 Water Quality Certification DWR Project N20181344v2 WCLCO04215 Page 4 of 9 3. All construction activities shall be performed and maintained in full compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973). 4. In the case that the permittee and/or their contractor schedules a pre -construction conference with the Division of Coastal Management and the U.S. Army Corps of Engineers, prior to the initiation of any activities authorized by this certification, the Division of Water Resources shall be invited. 5. Any monitoring, dredging or as -built surveys required by the US Army Corps of Engineers shall also be provided to the Division of Water Resources. [15A NCAC 02H .0502(f)) The Permittee shall adhere specially to 15A NCAC 02B .0221 Tidal Salt Water Quality for Class SB Waters (3)(g) pH: shall be normal for waters in the area, which generally shall range between 6.8 and 8.5 except that swamp waters may have a pH as low as 4.3 if it is the result of natural conditions; (1) Turbidity: the turbidity in the receiving water shall not exceed 25 NTU; if turbidity exceeds this level due to natural background conditions, the existing turbidity level shall not be increased. [15A NCAC 02B .0221] This approval is for the purpose and design described in your application and as described in the Public Notice. The plans and specifications for this project are incorporated by reference and are an enforceable part of the Certification. Any modifications to the project require notification to DWR and may require an application submittal to DWR with the appropriate fee. [15A NCAC 02H .0501 and .0502] 8. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of the impacts (including temporary impacts) as authorized under this Certification. [15A NCAC 02H .0501 and .0502] 9. When applicable, all construction activities shall be performed and maintained in full compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973). Regardless of applicability of the Sediment and Pollution Control Act, all projects shall incorporate appropriate Best Management Practices for the control of sediment and erosion so that no violations of state water quality standards, statutes, or rules occur. [15A NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200] Design, installation, operation, and maintenance of all sediment and erosion control measures shall be equal to or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual, or for linear transportation projects, the NCDOT Sediment and Erosion Control Manual. All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including contractor -owned or leased borrow pits associated with the project. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. Town of Oak Island Beach Nourishment 401 Water Quality Certification DWR Project N20181344v2 WQ0004215 Page 5 of 9 For borrow pit sites, the erosion and sediment control measures shall be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. Reclamation measures and implementation shall comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. If the project occurs in waters or.watersheds classified as Primary Nursery Areas (PNAs), SA, WS-I, WS-II, High Quality Waters (HQW), or Outstanding Resource Waters (ORW), then the sedimentation and erosion control designs shall comply with the requirements set forth in 15A NCAC 04B .0124, Design Standards in Sensitive Watershed. 11. Sediment and erosion control measures shall not be placed in wetlands or waters. Exceptions to this condition require application submittal to and written approval by the Division. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, then design and placement of temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands, stream beds, or banks, adjacent to or upstream and downstream of the above structures. All sediment and erosion control devices shall be removed and the natural grade restored within two (2) months of the date that the Division of Energy, Mineral and Land Resources (DEMLR) or locally delegated program has released the specific area within the project. 12. An NPDES Construction Stormwater Permit is required for construction projects that disturb one (1) or more acres of land. This Permit allows stormwater to be discharged during land disturbing construction activities as stipulated in the conditions of the permit. If your project is covered by this permit, full compliance with permit conditions including the erosion & sedimentation control plan, inspections and maintenance, self -monitoring, record keeping and reporting requirements is required. A copy of the general permit (NCG010000), inspection log sheets, and other information may be found at: http://Portal.ncdenr.org/web/wa/ws/su/npdessw#tab-w. 13. Construction Moratoriums and Coordination. If activities must occur during periods of high biological activity (i.e. sea turtle nesting, fish spawning, or bird nesting), then biological monitoring may be required at the request of other state or federal agencies and coordinated with these activities. All moratoriums on construction activities established by the NC Wildlife Resources Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries (DMF), or National Marine Fisheries Service (NMFS) to lessen impacts on trout, anadromous fish, larval/post-larval fishes and crustaceans, or other aquatic species of concern shall be implemented. Exceptions to this condition require written approval by the resource agency responsible for the given moratorium. RECEIVED JAN 31 20,J DCM WILMINGTON, NC Town of Oak Island Beach Nourishment 401 Water Quality Certification DWR Project #20181344v2 WQC004215 Page 6 of 9 Work within the twenty-five (25) designated trout counties or identified state or federal endangered or threatened species habitat shall be coordinated with the appropriate WRC, USFWS, NMFS, and/or DMF personnel. 14. Dredging shall not cause Shellfish Closures. The effluent water from the dredge spoil should not be released into open shellfish waters. Shellfish Sanitation and the Division of Water Quality must be notified if this is to occur. 15. If concrete is used during the construction, then all necessary measures shall be taken to prevent direct contact between uncured or curing concrete and waters of the state. Water that inadvertently contacts uncured concrete shall not be discharged to waters of the state due to the potential for elevated pH and possible aquatic life/fish kills. 16. All temporary fill and culverts shall be removed and the impacted area returned to natural conditions, within 60 days of the determination that the temporary impact is no longer necessary. The impacted areas shall be restored to original grade, including each stream's original cross sectional dimensions, plan form pattern, and longitudinal bed and bed profile, and the various sites shall be stabilized with natural woody vegetation (except approved maintenance areas) and restored to prevent erosion. 17. All temporary pipes/culverts/riprap pads etc, shall be installed in all streams as outlined in the most recent edition of the North Carolina Sediment and Erosion Control Planning and Design Manual so as not to restrict stream flow or cause dis-equilibrium. 18. All mechanized equipment operated near surface waters shall be inspected and maintained regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic materials. Construction shall be staged in order to minimize the exposure of equipment to surface waters to the maximum extent practicable. Fueling, lubrication and general equipment maintenance shall be performed in a manner to prevent, to the maximum extent practicable, contamination of surface waters by fuels and oils. [35A NCAC 02H .0506(b)(3) and (c)(3) and 15A NCAC 02B .0211 (12)j 19. In accordance with 143-215.85(b), the applicant shall report any petroleum spill of 25 gallons or more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less than 25 gallons that cannot be cleaned up within 24 hours. 20. The permittee shall report to the Wilmington Regional Office at (919) 796-7215 (after hours and on weekends call 800-858-0368) any noncompliance with this certification, any violation of stream or wetland standards [15A NCAC 02B .02001 including but not limited to sediment impacts [15A NCAC 02B .0200]. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the applicant became aware of the circumstances. A written submission shall also be provided within 5 business days of the time the applicant becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of Town of Oak Island Beach Nourishment 401 Water Quality Certification DWR Project #20181344v2 WQC004215 Page 7 of 9 noncompliance, including exact dates and times, if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Division may waive the written submission requirement on a case -by -case basis. 21. If an environmental document is required under the State Environmental Policy Act (SEPA), then this General Certification is not valid until a Finding of No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State Clearinghouse. If an environmental document is required under the National Environmental Policy Act (NEPA), then this General Certification is not valid until a Categorical Exclusion, the Final Environmental Assessment, or Final Environmental Impact Statement is published by the lead agency [15A NCAC 01C .0307(a)] 22. This Certification does not relieve the applicant of the responsibility to obtain all other required Federal, State, or Local approvals before proceeding with the project, including those required by, but not limited to Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and Trout Buffer regulations. 23. The applicant and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal Law. If DWR determines that such standards or laws are not being met, including failure to sustain a designated or achieved use, or that State or Federal law is being violated, or that further conditions are necessary to assure compliance, then DWR may revoke or modify a written authorization associated with this General Water Quality Certification. [15A NCAC 02H .0507(d)] 24. The Town of Oak Island and Mr. David Kelly shall conduct construction activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of State and Federal law. [15A NCAC 02B .02001 If the Division determines that such standards or laws are not being met (including the failure to sustain a designated or achieved use) or that State or federal law is being violated, or that further conditions are necessary to assure compliance, the Division may reevaluate and modify this Certification. Before modifying the Certification, the Division shall notify Town of Oak Island and Mr. David Kelly and the U.S. Army Corps of Engineers, provide public notice in accordance with 15A NCAC 02H .0503 and provide opportunity for public hearing in accordance with 15A NCAC 02H .0504. Any new or revised conditions shall be provided to Town of Oak Island and Mr. David Kelly in writing, shall be provided to the U.S. Army Corps of Engineers for reference in any Permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the project. 25. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this certification in the construction and maintenance of this project, and s aftlVED provide each of its contractors and/or agents associated with the construction or JAN 31 2020 OCM WII.MINGTON, NC Town of Oak Island Beach Nourishment 401 Water Quality Certification DW R Project #20181344v2 WQC004215 Page 8 of 9 maintenance of this project with a copy of this Certification. A copy of this Certification, including all conditions, shall be available at the project site during the construction and maintenance of this project. [15A NCAC 02H .0506 (b)(2)] 26. If the property or project is sold or transferred, the new Permittee shall be given a copy of this Certification and is responsible for complying with all conditions. Any new owner of the property or project must notify the Division and may be required to request the Certification be issued in their name. (15A NCAC 02H .0501 and .0502] 27. This Certification neither grants nor affirms any property right, license, or privilege in any waters, sand or dredged material, or any right of use in any waters, sand or dredged material. This Certification does not authorize any person to interfere with the riparian rights, littoral rights, water use rights, sand rights or dredged material rights of any other person and this Certification does not create any prescriptive right or any right of priority regarding any usage of water, sand or dredged material. This Certification shall not be interposed as a defense in any action respecting the determination of riparian or littoral rights or other rights to water, sand or dredged material use. No consumptive user is deemed by virtue of this Certification to possess any prescriptive or other right of priority with respect to any other consumptive user regardless of the quantity of the withdrawal or the date on which the withdrawal was initiated or expanded. 28. This certification grants permission to the director, an authorized representative of the Director, or DEQ staff, upon the presentation of proper credentials, to enter the property during normal business hours. This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. The conditions in effect on the date of issuance shall remain in effect for the life of the project, regardless of the expiration date of this Certification. Town of Oak Island Beach Nourishment 401 Water Quality Certification DWR Project N20181344v2 WQC004215 Page 9 of 9 Non-compliance with or violation of the conditions herein set forth may result in revocation of this Certification and may also result in criminal and/or civil penalties. pow WQC004215 This the 27" day of January, 2020 Mac Haupt, bi�ng Supervisor 401 & Buffer Permitting Branch RECEIVE[ 1.4N °ri 1 OCM WILMINGTON, NC ly1 •If: iiT� _n Rr:C NA October 25, 2019 MEMORANDUM: ROY COOPER (irvemar MICHAEL S. REGAN ]endow BRAXTON DAVIS Oirncmr. 1Hvnmrr uJCnadnf tlanugmrern FROM: Heather Coats, Beach & Inlet Management Project Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Fax: 910-395-3964 (Courier 04-16-33) heather.coats0noderincov SUBJECT: LAMA/Dredge & Fill Application Review Applicant: Town of Oak Island Project Location: 1011, Place West to SE 63'" Street, adjacent to the Atlantic Ocean, Oak Island, Brunswick County Proposed Project: Beach nourishment project from fOth Place West to SE 63rd Street Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by If you have any questions regarding the proposed project, contact HeatherCoats at (910) 796-7302 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. n ' ✓ "Additional comments may be attached" I, , ,ram This agency has no comment on the proposed project. O,rw This agency approves of the project only if the recommended changes (�� are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. RECEIVED DEC 2 0 2019 DCM WILMINGTON., NC State ofNenh Carolina Emimnmentel Quality Coastal%1magement 127 Cardinal Dnvc El, Wihnington, NC 29405 919796215 Roy Cooper, Governor North Carolina Department of Administration State Property Office December 20, 2019 TO: Heather Coats, Beach & Inlet Management Project Coordinator NCDEQ-Division of Costal Management 127 Cardinal Drive Ext. Wilmington, NC 28405 From: Wanda Hilliard I GJ pt._aLac— Real Property Agent SUBJECT: LAMA/Dredge & Fill Town of Oak Island Machelle Sanders Secretary Project Location: 10" Place West to SE 63rd Street, adjacent to the Atlantic Ocean, Oak Island, Brunswick County Tim Walton Director The project may require Easements for multiple utilities crossing the creeks, marsh & State-owned land provided the applicant qualifies for an easement. State of North Carolina I State Property Office 116 West Jones Street, Suite 4055 1 1321 Mail Service Ctr. I Raleigh, NC 27699 919 807 4650 T I Web: http://www.ncspo-om 1� C� NORTH CAROLINA tnrironnienml Ounlilp October 25, 2019 MEMORANDUM: ROY COOPER MICHAEL S. REGAN 9nvrrmry BRAXTON DAVIS O,.eoor, Lerbann „i f'orsml .4lmapcnrem FROM: Heather Coats, Beach & Inlet Management Project Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Fax: 910-395-3964 (Courier 04-16-33) heather.coatsAncdenr.aov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Town of Oak Island Project Location: 10t^ Place West to SE 63i6 Street, adjacent to the Atlantic Ocean, Oak Island, Brunswick County Proposed Project: Beach nourishment project from 10fh Place West to SE 63rd Street Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by If you have any questions regarding the proposed project, contact Heather Coats at (910) 796-7302 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Shannon Jenkins NC DMF - Shellfish Sanitation l 1 r '".I:'t:.!i!.ii eI it ..•�i i.� 10/28/2019 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Fat., WOminglon, NC 28405 919 796 1215 RECEIVED OC 12 R Z019 MP SECTION WIRO 9 Coats, Heather From: Harris, David B Sent: Friday, December 6, 2019 11:52 AM To: Coats, Heather Subject: RE: CAMA Major Application: Town of Oak Island The Department does not have any comments Heather. David B. Harris, PE Srcte Roadside Environmental Engineer Roadside Environmental Unit North Carolina Department of Transportation Email: davidharris@ncdot.gov Phone Number - 919.707-2925 Mailing ,Address 15-7 Mail Service Center Raleigh. NC 27699 From: Coats, Heather <heather.coats@ncdenr.gov> Sent: Friday, December 6, 2019 10:58 AM To: Harris, David B <davidharris@ncdot.gov> Subject: FW: CAMA Major Application: Town of Oak Island Hi David, I'm just checking in to see if you/DOT has any comments on this project? Thanks in advance, Heather Heather Coats Beach & Inlet Management Project Coordinator Division of Coastal Management North Carolina Department of Environmental Quality 910 796 7302 office heather. coats Cd.ncden r. c ov 127 Cardinal Drive Extension Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties From: Pietila, Tanya K Sent: Friday, October 25, 2019 3:36 PM To: Weychert, Curtis R <curt.wevchert@ncdenr.gov>; Christenbury, Mike <mike.christenbury@ncdenr.gov>; DCR - Environmental_Review <Environmental. Review@ ncdcr.gov>; Butler, RodneyA<Rodney.Butler@ncdcr.gov>; Zeigler, Mark D <mzeigler@nccommerce.com>; Harris, David B <davidharris@ncdot.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org>; Walton, Tim <tim.walton@doa.nc.gov>; Moser, Mike <mike.moser@doa.nc.gov>; Hilliard, Wanda <wanda.hilliard@doa.nc.gov>; Humphrey, Jeremy <ieremy. hum phrey@ncdenr.gov>; Gupton, Sharon <sharon.gupton@ncdenr.gov>; Montalvo, Sheri A <sheri.montalvo@ncdenr.Rov>; Hall, Christine <Christine.Hall@ncdenr.gov>; Sams, Dan <dan.sams@ncdenr.gov>; Cox, Heidi <heidi.cox@ncdenr.gov>; imartin@moffattnichol.com; dvork@moffattnichol.com; Coburn, Chad <chad.co burn@ ncden r.gov>; Ronnie.d.smith@usace.armv.mil Cc: Coats, Heather <heather.coats@ncdenr.gov>; Cannon, Amanda 1 <Amanda.Cannon@ncdenr.gov> Subject: CAMA Major Application: Town of Oak Island Hello All! Please accept this correspondence as the official distribution of CAMA application from the Town of Oak Island for development in Oak Island, Brunswick County. Attachments include: Field Investigative Report, work plans, comment sheet, and any other documents intended for you. Due to the size of the MP file, we are working on obtaining a shared link with additional information for your review. We should have this by next week and will distribute then. For questions or concerns, please contact Heather Coats at (910) 796 — 7302 or lieather.coats cvncdenr.gov. Thank you! Tanya Tanya Pietila Permit Support Specialist NC Department of Environmental Quality NC Division of Coastal Management 127 Cardinal Drive Ext. Wilmington, NC 28405 Phone: (910)796-7226 Tanya.Pietlla@ncdenr.gov E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. Email correspondence to and from this sender �s suotect !o :he PLC. Pubiic Records Law and may oe disclosed to third parties. vi FRout F"horoonje Amb utdot"0I (4 0051,84H teFtrr X- OU&JEOT-1 QWAIOP��AAAWvWfM *�*W Appowt p Stmet ih POat thgra ibwava P nm Wrth'Pf ROPLY1 Thild Z „Add wo r*ft#Atsm'ayAwvb�tfed?"k' oftwit d4i the mmpo'soo pr4od- 7wooridy-appr(SV#$rQtthii.ptolbot 041Y If thO tecobman(lejoh.0 ngea and Incopporpttro. $06 eftcho, This aPorfoy'objW-Wtb the proj%g fbr f6asbAs describad in the attached cqrnMojjtS' - - - - - - - - - - - - RECEIVED DCM WILMINGTON, NC NOV 13 2019 1`ka ' Fih flier Goats; lL+'dM► a1lti filt iiitageii�et$t 1fcE Chhrtiitfafd' mom,10, Gtttt+liCi�t�tl? liitexlas lsorttxSp#a�' SfiimG-1 ` �rni ofCJ lstdd ldh ilctslihnt ii' RY,..TBS.e-1`Dcw:.IffC.d't^itiY.f6iX.d :i�d<►X.�tdx�.6 i9�Iska..fda;[is��75'i11�3tc9..:.tse,Ifni`iia'ii�B�Ca»�x:��{i"�4`Ki�"`" re iew d,the (1'reterson etal;Z44�0), during storm.events and retiitYe in the spring, _Aowman::and Rolan:1i85 , Cquina clams activ"eiy move with the tides to maintain the optummi;filter feedin& position at the waters edge: (psllexs 1q9 In the. fall eaquina,ciatn n►igrate into the subtidal x rno:; mangy h 4 1% ifttertIA91 zone inhabitants are prey resources for demersal Rsh and.mobile crustaceans, such as pigflsh, inshore pinf"ish, flounder, weakfish, red drum, and shrimp (Deaton et al mio). As sand covers ti a exiating`laeach, a tempw mortal xy'ewntwfitoacarfor ihtet tt"I fauna, such as mote and ghost Crabs, worms and coquina clans. The placement of sand RECE:ivf;`r" r DCM WILMING` ON, NG 3IEtteiiQ�StOT _ k:.....�, Nov 13 2019 eater mark could inor-ease turbidity and create a potential rn habitat for mottle surf zone inhabitants such as bluefish, rod g dredged tat elI, l at a nearshore disposal site will create; verb fnr the ,s(W l faiuna, such as clams and worms, and di Turbidity would Itiftao and cireate a potential tettt]7Q1W a by surf zone residkttts the NCDl4F woutdxrercesmmend the condltia�,16 !nvkotltttehW-v h"as indicated by theaipllcanes a i>1JdtfW will pl _4e the minimizatic t", ores needed to of the; �i 6 Citte lff lB FU4,4s bql not llznited to concrete rubble, iWs Iad bridge opre-bicted dotf fiats, as well as reinforced concrete pipe. In i lap otectboth art! flcialTdefYh'dth1 t<ottd nourishment pipelines and -vessels, the 1 t U14 Toltest that a 2,000 footftdius be maintained in all dire4 ons around a > of 33'53.040' N,-78006.525` W to provide a buffer for;atyffi _ct activity or ptitgrt�, . nd, M�-and Sharis, A,1,999. Timing of larval release in the mole crab Emerita talpoida. . Prcrgcess Serles. Vo1.183. 295 300. man L.� dX 00-iih4 5. The relationship of Emerita talpoida to beach Diaz, H., Elters, Aida (Say): a.case of changing life history pattern. g in the Clam DPnax variabilis. Biology. Peterson''C If„ Q: M. Hickerson, and G.G.Johnson. 2000a. Short-term consequences of nourishment and bulldozing on the dominant large invertebrates of a sandy beach. Journal of Coastal Research 16(2):368-378. Pt gsoo C. H., H. C. Summerson, H. S. Lenihan, J. Grabowski, S. P. Powers, and G. W. S. Jr. 1999. Beaufort Inlet benthic resources survey. UNE-CH, Morehead City, NC. Contact Curt Weychert at (252) 808-8050 or Curt.WeychertOncdenngovwith further questions or concerns. RECEIVED OCM WILMINGTON, NC NothJnr;iar N 0 V 13 2019 stag 1 Al t�,fl;t,c�ia 3441Arerld�1`.f��4 - ty�,6k18t:atolfna28557 ------ Coats, Heather From: Weychert, Curtis R Sent: Thursday, November 14, 2019 8:11 AM To: Coats, Heather Subject: RE: Emailing: Town of Oak Island Renourishment Comments Signed They can use the area in transit but they can expect vessels at the site (significantly less in the winter months). The concern is that any submerged run through the site could damage their equipment and/or the reef structure. It is just outside of the line if you draw one from the borrow source to 10th street, but is still something I want them to be aware of. -----Original Message ----- From: Coats, Heather <heather.coats@ncdenr.gov> Sent: Wednesday, November 13, 2019 4:27 PM To: Weychert, Curtis R <curt.weychert@ncdenr.gov> Subject: RE: Emailing: Town of Oak Island Renourishment Comments Signed Thanks, Curt! And just to be sure I'm clear- you would like them to avoid the buffer area even with in -transit vessel traffic, correct (transit being an activity)? Or are you talking about avoidance of the area with subline and things of that nature? Heather Coats Beach & Inlet Management Project Coordinator Division of Coastal Management North Carolina Department of Environmental Quality 910 796 7302 office heather.coats@ncdenr.gov 127 Cardinal Drive Extension Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. -----Original Message ----- From: Weychert, Curtis R Sent: Wednesday, November 13, 2019 3:34 PM To: Coats, Heather <heather.coats@ncdenr.gov> Subject: Emailing: Town of Oak Island Renourishment Comments Signed Heather, attached are my comments for the renourishment project P"OY O-WER MICHUL RAMdAN ivsrxrNa R,-RA-XTON aAM of 4'oa�trM1tlaf+agertiedt IZI Carelflat WIS WOIn liok NGM,06 F -GFM3� - h C=tstffin cden[ gLy OURJ;5wCAMAtDredge Appl(qapl; T*Wh of-00 island Prol"LLOww"'v fO'Pra0'§ MSt b-9E 5YO S€rW Qlatftt tP the Atllfitid'Qcean Oakleland, aruf1swick--county P'f'GP4R 4 Pb*�t O0aCH gcuiishmetri projecE frOM'jo f *6 WWWSE eyd gheaf Please tn OWY-0 896hC)(SposborLQrLyW lk* bel' uf 1-1 0 Drjoi tend W-9—M di/9 Awwfo Hbathgw, at the a 54Vt'sAy que6tieftragardinethq pgqpOSOd Pfofft WOW FfdstherC oats at (Vt 1j 7gl$-7362 Wh#W#Ofttid(� In-daPth CaMm4**ffi sAVOM69 delta Is requested ROPL,Y:- Thisagency bas rtq d*'oVo, tO4th6,'tbjsbfas.propcsed q he attadhee Thivagenay has no GOMMOnt Ort. the Proposed prcjbcL Thfsagency apprpysa of the grOOCtoOlY if the recommencled-changas M 100orPotalod., S". attached. ThIsaglenoy otgocts to the profect, for reaeons, deson4,sd in the attached comments. Coats, Heather From: Gledhill-earley, Renee Sent: Friday, December 6, 2019 12:20 PM To: Coats, Heather Subject: RE: CAMA Major Application: Town of Oak Island Heather, Our records show that we sent a no comment on 11/19/19. So we are done with it. Renee Renee Gledhill -Earley Environmental Review Coordinator State Historic Preservation Office 109 E Jones St AISC -161 7 Ralaiah, AC 21699 919 314 0579 ci)icr, ■###■ NC DEPARTMENT OF NEESE NATURAL AND CULTURAL RESOURCES ##a## Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Please Note: Requests for project review or responses to our review comments should be sent to our Environmental Review emailbox at environmental.review@ncdcr.Qov Otherwise, I will have to return your request and ask that you send it to the proper mailbox. This will cause delays in your project. Information on email project submittal is at: https://www.ncdcr.gov/state- historic-preservation-office/environmental-review/environmental-review-submission-process-0 From: Coats, Heather <heather.coats@ncdenr.gov> Sent: Friday, December 6, 2019 10:42 AM To: Gledhill-earley, Renee <renee.gledhill-earley@ncdcr.gov> Subject: FW: CAMA Major Application: Town of Oak Island Hi Renee, I hope this email finds you well and you had a great Thanksgiving holiday! Just checking in on the status of your comments on this project. Do you all have any comments? Thanks in advance, Heather Heather Coats Beach & Inlet Management Project Coordinator Division of Coastal Management North Carolina Department of Environmental Quality 910 7967302 office heather. coats() ncdenr.gov 127 Cardinal Drive Extension Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Pietila, Tanya K Sent: Friday, October 25, 2019 3:36 PM To: Weychert, Curtis R <curt.wevchert@ncdenr.gov>; Christenbury, Mike <mike.christenburyCa@ncdenr.gov>; DCR - Environmental —Review <Environmental.Review@ncdcr.gov>; Butler, Rodney A<Rodney.Butler@ncdcr.gov>; Zeigler, Mark D <mzeigler@nccommerce.com>; Harris, David B <davidharris@ncdot.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org>; Walton, Tim <tim.walton@doa.nc.gov>; Moser, Mike <mike.moser@doa.nc.gov>; Hilliard, Wanda <wanda.hiIhard@doa.nc.gov>; Humphrey, Jeremy <ieremy. hum phrey@ ncdenr.gov>; Gupton; Sharon <sharon.gupton@ncdenr.gov>; Montalvo, Sheri A <sheri.montalvo@ncdenr.gov>; Hall, Christine <Christine.Hall@ncdenr.gov>; Sams, Dan <dan.sams@ncdenr.gov>; Cox, Heidi <heidi.cox@ncdenr.gov>; imartin@moffattnichol.com; dvork@moffattnichol.com; Coburn, Chad <chad.co burn@ ncden r.gov>; Ronnie.d.smith@usace.army.mil Cc: Coats, Heather <heather.coats@ncdenr.gov>; Cannon, Amanda J <Amanda.Cannon@ncdenr.gov> Subject: CAMA Major Application: Town of Oak Island Hello All! Please accept this correspondence as the official distribution of CAN4A application from the Town of Oak Island for development in Oak Island, Brunswick County. Attachments include: Field Investigative Report, work plans, comment sheet, and any other documents intended for you. Due to the size of the MP file, we are working on obtaining a shared link with additional information foryour review. We should have this by next week and will distribute then. For questions or concerns, please contact Heather Coats at (910) 796 — 7302 or heather.coats(�uncdenr.eov. Thank you! Tanya Tanya Pietila Permit Support Specialist NC Department of Environmental Quality NC Division of Coastal Management 127 Cardinal Drive Ext. Wilmington, NC 28405 Phone:(930)796-7226 Tanva.Pietila@ncdenr gov E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. V� Roy Cooper, Governor MEM NC DEPARTMENT OF Sus! Hamilton, Secretary NATURAL AND CULTURAL RESOURCES - Walter Clark, Director, Land and Water Stewardship NCNHDE-10850 December 6, 2019 Heather Coats Management North Carolina Department of Environmental Quality 127 Carolina Dr Ext Wilmington, NC 28405 RE: Town of Oak Island Dear Heather Coats: The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. A query of the NCNHP database indicates that there are records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. These results are presented in the attached 'Documented Occurrences' tables and map. The attached 'Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is documented within the project area or indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: F ffices'Direcrnrv/ListOfficescfm'�-taterode=3, Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. Also please note that the NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Clean Water Management Trust Fund easement, or an occurrence of a Federally -listed species is documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rode- v but!era;ncdc r -7o,i or 919-707-8603. Sincerely, NC Natural Heritage Program RECEIVED DEC 0 6 2019 DCM WILMINGTON, NC CEGARTMENT OF NATURAL ANC CULTJRAL RESOk ACES CNE> a n E BA t.t- ,, c:. '85; 11 iL SEPYCE --Er. RAC IG-. `a: 2'699 .ii OFC p)',, )1,1c . :-Ax )iv.'�)')'_1 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Intersecting the Project Area Town of Oak Island December 6, 2019 N C N H D E-10850 Element Occurrences Documented Within Project Area • y. '�= ,gtsgg noz+:r � ..m y°ti a M.l'FT� �� dw 1.t��1 � I @t IXdWr V� i I� .��,+.� pit '. y,J� '1A ° l._ W V `.w : i. .0 . s 0 tP R p4:' ' • " at4`h6 °S �fksm. ".°y'. No Natural Areas are Documented within the Project Area No Managed Areas Documented within the Project Area Definitions and an explanation of status designations and codes can be found at httos i 4-c if de naw'ese vn orc LDwentAelo. Data query generated on December 6. 2019; source. NCNHP. 04 Oct 2019, Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 2 of 5 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area Town of Oak Island December 6, 2019 NCNHDE-10850 Element Occurrences Documented Within a One -mile Radius of the Project Area _. Bird 25219 Ixobry chus exiles Bird 4417 Passerine Girls .70 Dragonfly or 33738 Somatochlora Damselfly georgiana Freshwater Fish38937 Aiperler M'.,, l 17FF4 Trichechus manatus Reptile":;.' n 1862 Reptile 38504 VasculaY P,larri' 26053 Vascular Plant 1857 VascUtar P.lar t _ 223SLLF Vascular Plant 22359 Least Bittern 1980-Pre H 3-Medium --- Coppery Emerald 2004-Pre H? 5-Very --- Low �ntCs$tl1F • � G� 9 <»+ � v3 �9'� r'fi ar v i�li�� � � -. . Tu .v, r l West Indian Manatee 2018-08-13 E 5-Very Threats Low mississippiensis Appearance Concern gnificantly G3G4 S2? Rare Malaclemy terra in .Diamondback Terrapin �,...�._. Special p 1989-06-01 H 2-High -- Concern ao?a �m � g. EFlN, 5�,t '"•"�'_ 009-05 '�"; ,";B � .;. ^ um... „ --- ..,.......Endangered ... G4 Sl Georgia georgianum RA��p418',,'e` I.Y6�,��M*'�dYid'Lh Erythrina herbacea Coralbean 2005 10-25 D 9-High Endangered GS 52 RECEIVED Page 3 of 5 DEC 0 6 2019 DCM WILMINGTON. NC Element Occurrences Documented Within a One -mile Radius of the Vascular Plant 28779 Euphorbia bom Vascular Plant 13051 Ipomoea Vascular Plant 13576 Vascular Plant 18696 Spurge Area cry 1950 08 19 H ra odorata Fragrant Beaksedge 1948-08 H 4-Low --- Significantly G4G5 S2? Rare tl Throughout 4-Low --- Threatened G5 S1 r' r �fp ,� ,a �D1 ��'��"l.k.. mlv.i G4 S1 Concern Vulnerable Vascular Plant 22388 SPlidaga viticasicarpa Coasta4Goldenrod�� ` 1; 20I T8 09' ° " ", v+3 "2 F1r0 "a L I Vascular Plant 22389 Solidago villosicarpa Coastal Goldenrod 2005 11 09 D 2-High --- Endangered GI S1 Vascular Plant 22390 ,S�Iiclgtr,u7iFstr�?er, Coastalaldrrwd ,"_;rOQS106 "`'ra";^7�75 hh ", No Natural Areas are Documented Within a One -mile Radius of the Project Area No Managed Areas are Documented Within a One -mile Radius of the Project Area Definitions and an explanation of status designations and codes can be found at hurn /incnhde narureserve o,nkontent/helo. Data query generated on December 6. 2019, source: NCNHP. Q4 Oct 2019, Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 4 of 5 0twer.25'.2049 Asufflow C FF(43M,' $UBJECT- &' Pill Applioaft PeWeW ROY CQ%#111 RRAXTOW PAVIS Coordinador ApPlic.AU.- TOW Of, Dal Islana, Firelectl,oeWon- loft Pike Wostio SE WS&ftt, acqawnUo the Allantic Choasn, 08RI&W91 Proposed Prl0jeCt-1 Beach nourishment PtPied ftm lom Place West ro'sa W sweet if you REPLY: ThI$ a$ejrc� has no objection to the project as proPosffti. *# Aodfti*l Op b ,mments maybe 486W V1 This agency ency approves Of the project only tf-the� recommended ch4hges are irloomorlted, 4eqIMA4 Thtsag,encypbjectstQ#Veproject-forraasong,deg.clitiedintht)oartteddaMments. ttj -n OIL C awm man RECEIVED No NOV 22 2019 MP SECTION WIRO The NCWRC'has aeviewedthe partniRGosrioe amiiJlas f9liotvi4g:comments. • • a d tr and mead ftNC Division »tructionnon compatiiMe state and federal agencies to tome to an allc mative ddition4y, state ami federal determine if mitigation is carbonate,.color, and clast beach Hurricamelv3et 4W. This is may influemedby the waterwa d, movement otthe , dun- systcmt£cr 30,,/a o the proleptarca.- DMtaithedynamic nature ofthe ocean shoreline, we edeein hge the rgtt of the dunes to mimic the: pro -Hurricane Matthew profile as much as possible. Movementd f the dunes w4tetw0d; maytbticeably reduce beach width used. recreationally and for sea. urft nesting -It may also increase escarpments along the beach -if the bwb width is iedttcett so the rides reach the dunes and :erodes the done face more readily. The NCWRC appreciates We oppatul* to review and comment on tb's permit Whoation. if you need further assistance or additional'mformatiom, please contact me at (252) 948-3916 or at maiia duitin��wildffe org RECEIVED NOV 22 2019 MP SECTION WIRO ONITED STATES DEPARTMENT OF COMMERCE 41"'N�nrsw� (Sent via Electronic Mail) Colonel Robert J. Clark., Commander U.S. Army Corps of Engineers Wilmington District 69 Darlington Avenue Wilmington, North Carolina 28403-1398 Attention: Ronnie Smith Dear Colonel Clark: National Oceania and At nosphorlo Administration NATIONAL MARINE FISHERIES SERVICE Southeast Reglonel Office 263IV Avenue South St Petersburg, Fbrlda 33701.550E hllos•IAvww0shedes osiacovirmionlsoutheast December 11, 2019 F/SER47:TC/pw NOAA's National Marine Fisheries Service (NMFS) reviewed the public notice for Action ID No. SAW- 2018-02230 dated October 22, 2019, and the request for Essential Fish Habitat (EFH) consultation dated November 5, 2019. The Town of Oak Island is proposing to dredge a portion of Jay Bird Shoals and place the dredged material along the shoreline of Oak Island for beach nourishment in Brunswick County. The Wilmington District's initial determination is the proposed action would not have an individual or cumulative adverse effect on EFH or associated fisheries managed by the South Atlantic Fishery Management Council (SAFMC), Mid -Atlantic Fishery Management Council, or the NMFS. As the nation's federal trustee for the conservation and management of marine, estuarine, and diadromous fishery resources, the NMFS provides the following comments pursuant to the authorities of the Fish and Wildlife Coordination Act and the Magnuson -Stevens Fishery Conservation and Management Act (Magnuson -Stevens Act). The project narrative states the proposed beach nourishment would protect infrastructure from a 25-year- return-period storm event. The Oak Island shoreline has a history of nourishment projects dating back to 2001. The Federal Emergency Management Agency (FEMA) funded the most recent nourishment event. To address damage caused by Hurricane Matthew, FEMA funded construction during 2017/2018 of a temporary "emergency berm" requiring approximately 120,000 cubic yards of material. The Town of Oak Island now proposes to place material along four miles of shoreline into approximately 122 acres of waters of the United States, specifically 72 acres of intertidal open waters and 50 acres of subtidal open waters. The proposed dune/berm would be constructed at 13.5 to 14.5 feet NAVD88. Jay Bird Shoals is the proposed preferred sand source (304 acres). Within the borrow area, three different zones and dredge depths are identified in an effort to maintain the integrity of the shoal and to minimize effects on the nearshore wave environment. Proposed dredging depths include Zone 1 to a depth of -26 feet NAVD88 with the removal of approximately 4 to I I feet of material, Zone 2 to -31 feet NAVD88 with the removal of approximately 5 to 6 feet of material, and Zone 3 to -27 feet NAVD88 with the removal of approximately 5 to 12 feet of material. While Jay Bird Shoals was previously used as a borrow site for beach nourishment projects at Bald Head Island, the portion of the shoals identified by Oak Island for this project will be at a new location. The Town indicates it will remove up to 1,100,000 cubic yards of material from the shoals using either a hopper dredge or cutter suction dredge and transport to the beach will be via a submerged pipeline or hopper dredge. In addition to being EFH, the SAFMC designates Jay Bird Shoals as a Habitat Area of Particular Concern (HAPC) under the fishery management plans for shrimp and the snapper/grouper complex. HAPCs are subsets of EFH that are rare, particularly susceptible to human -induced degradation, especially important RECEIVED /44 DEC 11, 2019 '« . MP SECTION WIRCI ecologically, or located in an environmentally stressed area. Tidal shoals, such as Jay Bird Shoals, benefit fishery resources by providing nursery, spawning, and foraging habitats. Further, tidal shoals are part of a habitat complex that includes inshore marshes, and this complex supports a diverse community of fish and invertebrates within North Carolina waters. The SAFMC provides additional information on EFH and HAPCs and their support of federally managed fishery species in Fishery Ecosystem Plan of the South Atlantic Region. The EFH Assessment predicts only short-term impacts to EFH from increases in turbidity, siltation, and noise during construction. Conservation measures submitted by the Town of Oak Island include an environmental window of November 16 through April 30 for implementation of dredging activities and beach placement. The NMFS expects impacts to EFH from dredging Jay Bird Shoals in the manner described will be consistent with the descriptions in the EFH Assessment. The Town of Oak Island already plans to implement the primary conservation measure (environmental window) the NMFS normally recommends for avoiding and minimizing impacts to EFH. In addition to this window, the NMFS requests the permit require monitoring of the borrow area to evaluate whether the natural re -filling of the dredged areas by beach -quality sand occurs at the rate excepted. The Town, Wilmington District, and resources agencies need this information to balance future uses of Jay Bird Sholas as a sand resource with fish and wildlife value of the shoals. Thank you for the opportunity to provide these comments. Please direct related correspondence to the attention of Ms. Twyla Cheatwood at our Beaufort Field Office, 101 Pivers Island Road, Beaufort, North Carolina 28516-9722, at (252)728-8758, or at Twyla.Cheatwood@noaa.gov. Sincerely, WILBER.THOMDlgaallysigned by A WILBER.THOMAS.PAYSON. AS.PAYSON.13 ''165820186 /for 65820186 ,�� osoo o1e.lz.n 1oa3:m Virginia M. Fay Assistant Regional Administrator Habitat Conservation Division cc: COE, Ronnie. D.Smith@usace.army.miI USFWS, Pete_Benjamin@usfws.gov NCDCM, Gregg. Bodnar@ncdenr.gov NCDCM, Curt.Weychert@ncdenr.gov NCWRC, Maria.Dunn@ncwildlife.org EPA, Bowers.Todd@epa.gov SAFMC, Roger.Pugliese@safmc.net F/SER47, Twyla.Cheatwood@noaa.gov, Fritz.Rohde@noaa.gov Coats, Heather From: Smith, Ronnie D CIV USARMY CESAW (USA) <Ronnie.D.Smith@usace.army.mil> Sent: Monday, December 9, 2019 7:48 AM To: Coats, Heather Subject: (External] RE: CAMA Major Application: Town of Oak Island CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.spam@nc.gov<mailto:report.spam@nc.gov> This is going to be an IP for us. We are still waiting on EFH concurrence. -----Original Message ----- From: Coats, Heather[mailto:heather.coats@ncdenr.gov] Sent: Friday, December 6, 2019 3:11 PM To: Smith, Ronnie D CIV USARMY CESAW (USA)<Ronnie.D.Smith@usace.army.mil>; Coburn, Chad <chad.coburn@ncdenr.gov> Subject: [Non-DoD Source] FW: CAMA Major Application: Town of Oak Island Hi Ronnie, Hope you're doing well and had a great Thanksgiving! So can you please tell me where you are on processing this? Are you going to have any comments or conditions to send me? (You may have already told me, but is this going to be a 291 orlP?) Thanks and happy Friday! Heather Heather Coats Beach & Inlet Management Project Coordinator Division of Coastal Management North Carolina Department of Environmental Quality 910 796 7302 office heather.coats@ncdenr.gov <mailto:heather.coats@ncdenr.gov> 127 Cardinal Drive Extension Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Pietila, Tanya K Sent: Friday, October 25, 2019 3:36 PM To: Weychert, Curtis R <curt.weychert@ncdenr.gov <mailto:curt.weychert@ncdenr.gov>>; Christenbury, Mike <mike.christenbury@ncdenr.gov <mailto:mike.christenbury@ncdenr.gov> >; DCR - Environmental —Review <Environmental.Review@ncdcr.gov<maIIto: Environmental. Review@ncdcr.gov>>; Butler, Rodney <Rodney.Butler@ncdcr.gov <mailto:Rodney.Butler@ncdcr.gov> >; Zeigler, Mark D <mzeigler@nccommerce.com <mailto:mzeigler@nccommerce.com> >; Harris, David B <davidharris@ncdotgov <mailto:davidharris@ncdot.gov> >; Dunn, Maria T. <maria.dunn@ncwildlife.org <mailto:maria.dunn@ncwildlife.org>>; Walton, Tim <tim.walton@doa.nc.gov <mailto:tim.walton@doa.nc.gov>>; Moser, Mike <mike.moser@doa.nc.gov <mailto:mike.moser@doa.nc.gov>>; Hilliard, Wanda <wanda.hilliard@doa.nc.gov <mailto:wanda.hilliard@doa.nc.gov> >; Humphrey, Jeremy <jeremy.humphrey@ncdenr.gov <mailto:jeremy.humphrey@ncdenr.gov> >; Gupton, Sharon <sharon.gupton@ncdenr.gov <mailto:sharon.gupton@ncdenr.gov> >; Montalvo, Sheri A <sheri.montalvo@ncdenr.gov <mailto:sheri.montalvo@ncdenr.gov>>; Hall, Christine <Christine.HaII@ncdenr.gov <mailto:Christine.Hall@ncdenr.gov> >; Sams, Dan <dan.sams@ncdenr.gov <mailto:dan.sams@ncdenr.gov>>; Cox, Heidi <heidi.cox@ncdenr.gov <mailto:heidi.cox@ncdenr.gov> >; jmartin@moffattnichol.com <mailto:jmar in@moffattnichol.com> ; dyork@moffattnichol.com<mailto:dyork@moffattnichol.com> ; Coburn, Chad <chad.coburn@ncdenr.gov <mailto:chad.coburn@ncdenr.gov> >; Ronnie.d.smith@usace.army.mil <mailto:Ronnie.d.smith@usace.army.mil> Cc: Coats, Heather <heather.coats@ncdenr.gov <mailto:heather.coats@ncdenr.gov> >; Cannon, Amanda J <Amanda.Cannon@ncdenr.gov <mailto:Amanda.Cannon@ncdenr.gov> > Subject: CAMA Major Application: Town of Oak Island Hello All! Please accept this correspondence as the official distribution of CAMA application from the Town of Oak Island for development in Oak Island, Brunswick County. Attachments include: Field Investigative Report, work plans, comment sheet, and any other documents intended for you. Due to the size of the MP file, we are working on obtaining a shared link with additional information for your review. We should have this by next week and will distribute then. z NOTE: Please complete the bottom portion of the comment sheet with your information and signature. For questions or concerns, please contact Heather Coats at (910) 796 - 7302 or heather.coats@ncdenr.gov <mailto:heather.coats@ncdenr.gov> . Thank you! Tanya Tanya Pietila Permit Support Specialist NC Department of Environmental Quality NC Division of Coastal Management<Biockedhttp://www.nccoastalmanagement.net/> 127 Cardinal Drive Ext. Wilmington, NC 28405 Phone: (910)796-7226 Tanya.Pietila@ncdenr.gov <mailto:Tanya.Pietila@ncdenr.gov> E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh ES Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 November 21, 2019 Mr. Ronnie D. Smith U. S. Army Corps of Engineers Wilmington Regulatory Field Office 69 Darlington Avenue Wilmington, North Carolina 28403-1343 Subject: Town of Oak Island; Dredging of Jaybird Shoals and Beach Sand Placement Action 1D # SAW-2018-02230 Brunswick County, NC Dear Mr. Smith: This is in response to the public notice, dated October 22, 2019, concerning the Town of Oak Island's proposed dredging and beach nourishment project, on Oak Island and in the adjacent Atlantic Ocean. The U. S. Fish and Wildlife Service (Service) has reviewed the public notice, project narrative and plans, and the District Engineer's determination of project impacts, pursuant to section 7 of the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531-1543). We also discussed this project with you by phone on November 15, 2019. Project Area, Proposed Activities, and Anticipated Impacts The applicant proposes to dredge a portion of Jay Bird Shoals and place the dredged material along approximately four miles of shoreline on Oak Island for beach nourishment. The proposed disposal would involve the discharge of dredged material into approximately 122 acres of waters of the United States, specifically 72 acres of intertidal open waters and 50 acres of subtidal open waters, along approximately four miles of shoreline. The proposed dune/berm would be constructed at 13.5 to 14.5 feet NAVD88. In a related but separate effort, approximately 8.5 miles of duneiberm is proposed to be planted with native dune vegetation (four miles this coming year, and 4.5 miles in the next year). The dune crest and landward side of the dune is proposed for planting, but not the ocean side. The Federal Emergency Management Agency (FEMA) has also contacted us to consult on the dune plating activities, which it may fund. RECEIVED NOV 2 6 2019 MP SECTION WIRO The applicant has identified an approximate 304-acre sand source site for the acquisition of beach -compatible material suitable for placement along the Oak Island shoreline. The applicant proposes to dredge approximately 1.1 million cubic yards of material from Jay Bird Shoals to address sediment losses, as well as ensure improved beach widths along this portion of Oak Island. Sediment identified within the Jay Bird Shoals borrow site will be excavated by a hopper or cutterhead dredge and pumped by submerged pipeline to the disposal area. Three different zones and dredge depths have been identified in Jay Bird shoals with the intention to maintain the integrity of the shoal and minimize the effect on the nearshore wave environment. Federally Protected Species The Service has reviewed available information on federally -threatened or endangered species known to occur in Brunswick County. Our review indicates that several species may occur in the project area, including the West Indian manatee (Trichechns w n albs), piping plovers (Charadrius nzelodus inelodus), red knot (Calldris canunis ri fa) seabeach amaranth (Amaranthus p:anilus), and the Kemp's Ridley (Lepidochelys kempi), hawksbill (Lretntochelys in:bricata), leatherback (Derniochelys coriacea), loggerhead (Caretla carelta), and green (Chelonia mydas) sea turtles. The Corps has determined that the project may'covered using the Statewide Programmatic Biological Opinion for North Carolina Beach Sand Placement (SPBO). The public notice states that the applicant intends to comply with the terms and conditions and reasonable and prudent measures required by the SPBO. For West Indian manatee, the Corps has requested concurrence with a determination of may affect. The proposed dune planting is not covered by the SPBO, but the Corps has determined that the dune planting activities are outside of its jurisdictional area (i.e. above the normal high tide line). Service Comments and Recommendations 1. The Service agrees that the sand placement portion of the project is covered by the SPBO. We appreciate that the applicant has acknowledged the need to comply with the terms and conditions (T&Cs) and reasonable and prudent measures (RPMs) of the SPBO. In particular, the Service has discussed with you the requirement (RPM and T&C AA) to remove debris and large amounts of rock from the fill template before sand is placed. The Service agrees that only surface rock needs to be removed, pursuant to this condition. Please contact our office if there are other questions concerning the T&Cs, prior to the pre -construction meeting. 3 2. Timing of the project and sand compatibility are significant requirements of the SPBO. The Service has reviewed the Geotechnical Report for the Jaybird Shoals borrow area, and notes that some of the core samples show large amounts of granular material and high carbonates. In addition, the wet Munsell color of some of the core samples are quite dark (values of 3 or 4). Wet Munsell color of the borrow material should be similar to the native beach material, and should typically have a value greater than 5 (regardless of the hue or chroma). It may be that as material is mixed during sand placement, the color value of the material will be sufficiently light, and the amount of granular material will be insignificant. However, it will be important for the applicant to ensure that the material is suitable prior to placement on the beach. 3. In order to avoid and minimize impacts to the West Indian manatee, the Service recommends that any authorization for the project require adherence to the Service's 2017 Guidelines for Avoiding Impacts to the West Indian Manatee. 4. The Service recognizes that the dune planting activities are in an area that is outside of the Corps' typical jurisdiction. The Service intends to consult with FEMA for the dune planting portions of the project, and does not expect the Corps to include the dune planting activities in its authorization. Please notify us if the Corps decides to include dune planting in the authorized activities. Thank you for the opportunity to comment on this project. If you have questions, please contact Kathy Matthews at 919-856-4520, ext. 27 or by e-mail at <kathryn_matthews@fws.gov >. Peter Field cc: Fritz Rohde, NOAA Fisheries, Beaufort Maria Dunn, NCWRC, Washington Heather Coates, NCDCM, Washington Chad Coburn, NC DWR, Wilmington DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS I 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 October 24, 2019 Regulatory Division Action ID No. SAW-2018-02230 Dr. Pace Wilber Supervisory Fishery Biologist Habitat Conservation Division Atlantic Branch NOAA Fisheries Service 219 Fort Johnson Road Charleston, SC 29412 Dear Dr. Wilber: Reference is made to a Department of the Army permit application submitted by the Town of Oak Island to dredge approximately 304 acres of Jay Bird Shoals and the placement of the dredged material into 120 acres of waters of the United States to nourish the central shoreline of Oak Island, Brunswick County, North Carolina. Please allow this coordination letter to initiate the Essential Fish Habitat (EFH) consultation requirements of the Magnuson -Stevens Fishery Conservation and Management Act. The proposal would impact approximately 72 acres of marine intertidal habitat and 50 acres of marine subtidal habitat utilized by various life stages of spiny lobster, snapper -grouper complex, and migratory species. Our initial determination is that the proposed action would not have a individual or cumulative adverse impact on EFH or fisheries managed by Fishery Management Councils and the National Marine Fisheries Service (NMFS). Our final determination relative to project impacts and the need for mitigation measures is subject to review by and coordination with your office. An EFH assessment is provided to facilitate your review and determination of the project's effects on EFH and federally managed fisheries. The project public notice can be accessed at: http://www saw usace army mil/Missions/RegulatoryPermitProgram/PublicNotices.asax In accordance with the Act, the Corps requests your Agency's final determination of the effects of this project on EFH and federally managed fisheries, and asks that you provide comments and any conservation measures that would serve to mitigate for these potential impacts. bpa If you have any questions regarding this letter, please contact Ronnie Smith at the letterhead address, by telephone at 910-251-4829, or by email at: Ronnie.d.smith@usace.army.mil. Sincerely, SMITRRONNIE. Digitally signed by M IT H. R O N N I E. DA L E.1281725 242 ALE. 128172529a •2019.10.2414:58:05-04'00' Ronnie Smith Project Manager, Regulatory Division Enclosures: EFH assessment Copy Furnished (with enclosures): Ms. Twyla Cheatwood National Marine Fisheries Service Habitat Conservation Division — Atlantic Branch 101 Pivers Island Road Beaufort, NC 28516-9722 Mr. Fritz Rhode National Marine Fisheries Service Habitat Conservation Division — Atlantic Branch 101 Pivers Island Road Beaufort, NC 28516-9722 Mr. Braxton Davis CAMA Major Permits Coordinator NCDCM 400 Commerce Avenue Morehead City, NC Ms. Heather Coats Wilmington District Manager NCDCM 127 Cardinal Drive Extension -3- Wilmington, NC 28405-3845 Mr. Shane Staples NCDMF - Southern Coastal 5285 Hwy 70 West Morehead City, NC 28557