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HomeMy WebLinkAbout91-19 MM Dare CountyPermit Class Permit Number MODIFICATION/MAJOR 91-19 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Dare County, PO Box 1000, Manteo, NC 27954 Authorizing development in Dare County adj to Blackmar Gut and the Pamlico Sound, at 23170 Myrna Peters Rd., in Rodanthe, as requested in the permittee’s application dtd 9/19/22, incl att wrkpln drawings (5), Sheets 1,4 both dtd “Rev 10/6/22”, Sheets 2,3 both dtd “Rev 11/11/22” & Sheet 5 dtd “Rev 10/25/22”. This permit, issued on March 27, 2023 , 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. 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 March 27, 2028 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chair of the Coastal Resources Commission. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Shoreline Stabilization – Bulkhead and Rip Rap 1) The bulkhead and rip rap shall be constructed in accordance with the alignments depicted on the attached workplan drawings. 2) No vegetated wetlands or open water shall be excavated or filled, even temporarily, outside of the approved bulkhead and rip rap alignments. (See attached sheets for additional conditions) Dare County Permit No. 91-19 Page 2 of 3 ADDITIONAL CONDITIONS 3) The alignment of the authorized bulkhead and rip rap shall be staked by the permittee and verified by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, shall require the alignment to be re-staked by permittee and verified by DCM within a maximum of 30 days prior to the new expected start of construction. 4) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles, or other suitable materials approved by Division personnel. 5) The bulkhead shall be constructed prior to any backfilling activities. 6) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 7) This permit does not authorize any excavation waterward of the approved alignment. 8) The fill material shall be clean and free of any pollutants except in trace quantities. 9) Unless altered herein, all backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. 10) No backfill material is to be placed within 30 feet of the normal water level, except that which will be used to backfill the area behind the permitted bulkhead. 11) All fill material to be placed below mean normal water level shall be confined behind the permitted bulkhead. Sedimentation and Erosion Control 12) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 13) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses or properties. 14) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of any phase of grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately landward of the bulkhead cap immediately following completion of backfilling activities. USACE Conditions 15) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish & Wildlife Service’s Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at https://www.fws.gov/raleigh/pdfs/ManateeGuidelines2017.pdf. Dare County Permit No. 91-19 Page 3 of 3 ADDITIONAL CONDITIONS General NOTE: The permittee is advised that sections of the adjacent NC WRC boating access facility have permeable parking and other stormwater treatment measures that can be compromised if damaged. The permittee should take all necessary precautions to avoid these areas and contact the NC WRC prior to the initiation of construction at brent.wilson@ncwildlife.org. 16) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. 17) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 18) All debris associated with the removal or construction of the permitted development shall be contained within the authorized project area and removed to an appropriate upland location. 19) This Major Modification shall be attached to Permit No. 91-19, which was issued to the permittee on 11/21/19, as well as all subsequent modifications, refinements, and renewals, and copies of all documents shall be readily available on site when a Division representative inspects the project for compliance. 20) All conditions and stipulations of the active permit remain in force, under this Major Modification, unless specifically altered herein. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers assigned the proposed project COE Action Id. No. SAW- 2023-00619. NOTE: The Division of Water Resources assigned the proposed project DWR Project No. 2019-1113 v2. NOTE: An application processing fee of $250 was received by DCM for this project. RECEIVED RCN IF1 OCT 14 2022 APPLICATION for DCM-EC Major Development Permit (last revised 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. PrimaryApplicantfLandowner Information Business Name Project Name (if applicable) Dare County Rodanthe Harbor Bulkhead Project Applicant 1: First Name MI Last Name Robert L Outten Applicant 2: First Name MI Last Name Dustin Peels If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City Slate 954 Marshall Collins Drive 1000 Manteo NC ZIP Country Phone No. FAX No. 27954 United States 252 - 475 - 5811 ext. 252 - 473 -1817 StreetAddress(ifdi#erent from above) City State ZIP Email outten@darenacom 2. Agent/Contractorinformation Business Name Coastal Science & Engineering, Inc. Agent/ Contractor 1: First Name MI Last Name Clifton P Barrineau Agent/ Contractor 2: First Name MI Last Name Melling Address PO Box Clry Stale 8056 Columbia SC ZIP Phone No. 1 Phone No. 2 29202 8056 803 - 799 - 8949 ext. 803 - 240 -1790 ext. FAX No. Contractor # 803 799 9481 NIA Street Address (if different from above) Ciy stale ZIP 160 Gills Creek Parkway Columbia SC 29209 - Email patridcQcoastalscience. com <Form continues on backs 252.808-2008 .. 1-888.4RCOAST .. www.nccoastal management. net NUV 16 2022 0CVI••POHD CITY RECEIVED Form DCM MP-1 (Page 2 of 5) APPLICATION for OCT 1 4 2022 Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Dare 23170 Myrna Peters Road SR-1492 Subdivision Name city Slate Zip - -- - NIA Rodanthe NC 27968- Phone No. Lot No.(s) (if many, attach additionalpage with Ilse) NIA - - ext. Tract 2, , a. In which NC river basin Is the project located? b. Name of body of water nearest to proposed project Posquotank Blackmar Gut 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 Pamlico Sound on the west 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. Dare County 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 1,826 ft 371,697 sq.ft. c. Size of individual Iol(s) d. Approximate elevation of tract above NHW (normal high water) or WA N WL (normal water level) (ifmanylot sizes, please attach additional page with a list) 0-4 ft ❑NHW or ®NWL e. Vegetation on tract Wetlands on the eastern part of the tract, primarily at the basin and east of it; Grass areas around the existing development; Shrubby, woody area in the northwest corner of the tract; Three grassy infiltration basins I. Manmade features and uses now on tract NCDOT's emergency ferry dock and bulkheaded basin, emergency services helipad, county recycling center, spoil disposal area for ferry channel dredging, concrete boat ramp, courtesy dock, floating deck, paved parking area. g. Identify and describe the existing land uses adlaceat to the proposed project site. Area adjacent to the northern section is primarily undeveloped. There are remnants of old fish houses immediately adjacent tothe ramp area. South of the ramp is a residential street that also appears to have trailer storage at the end of it. h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? S-1 (Attach zoning compliance certificate, if applicable) []Yes ONO ®NA 1. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes IKNO k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA If yes, by whom? I. lathe proposed project located Ina National Registered Historic District or does it Involves Dyes ®No ❑NA National Register listed or eligible property? <Form continues on next page> 252.800.2.808 :: 1.888-4RCOAST o; www.nccoastal me nage most. not NOV 16 2022 f)C """I-NtHf_g CITY Form OCM MP-1 (Page 3 of 5) APPLICATION for OCT 1 4 2012 Major Development Permit m.(I) Are there wetlands on the site? _! ._. / ®Yes ❑No (it)Are there coastal wetlands on the site? NYes ❑No (i@ If yes to either (i) or (it) above, has a delineation been conducted? Was [3No (Attach documentation, it available) n. Describe existing wastewater treatment facilities. None o. Describe existing drinking water supply source. None p. Describe existing storm water management or treatment systems. There is an existing High Density Stormwater Permit in place for the property area that was developed for the recycling center and helipad. Runoff from these areas are treated by three infiltration basins. The ferry dock driveway, Myrna Peters Road, and the primitive gravel area are not included in the stormwater permit. Runoff from those areas sheetAows into adjacent vegetated areas. 5. Activities and Impacts a. Wlltheproject be for commercial, public, or private use? ®Commercial ®PubliGGovernment ❑PrivatelCommunity b. Give a brief description of purpose, use, and daily operations of the project when complete. In conjunction with the permitted Rodanthe Boating Area Access project (CAMA if91-19). the proposed project replaces the existing structures on the northern and southern sides of the Rodanthe Harbor with a bulkhead of similar size and structure. The first goal of the proposed project is to create a safe space for daily commercial usage and also for the NCDOT Ferry Division as an emergency operations ferry route to transport goods in the event NC Highway 12 is impassable. Replacing and repairing the exisitng bulkhead would allow the community to dock in an area that is further away from the ferry ramp creating a safer environment for all. The second goal of the proposed project is to minimize future land erosion and to maintain and enhance the current environmental conditions. c. Describe the proposed construction methodology, types of cunstructlon equipment to be used during construction, the number of each type of equipment and where It Is to be stored. Land -based marine construction equipment will be used, which includes a crane, an excavator, a backhoe, a front-end loader, and trucks. The applicant, Dare County, has identified an area for staging that does not impact any existing wetland area and allows unimpeded ingress and egress of vehicle traffic without impacting the existing infriltration basin. d. List all development activities you propose. A portion of the proposed project would include removing the old creosote material and replacing it with more environmentally friendly material as well as removing sunken submerged debris to the greatest extent possible. Proposed construction would include the installation of approximately 350-380 fee( of naval style bulkhead. The material would be 25- feet 8-inch round piles on 5-ft 4-in centers, 16 feet 4.1 vinyl sheathing, bin by bin top and Gin by 8-In bottom whalers. All material will be marine grade with galvanized hardware, deck style top cap and stainless screws. Dare County proposes to badkfill an area behind the south side of the bulkhead structure that is up to 750 square feet to allow smooth transition from the park lot to the proposed bulkhead. Size B riprap would be placed south of the bulkhead structure to better disperse wave energy in an effort to prevent downstream future erosion. The proposed project is expected to be completed in approximately 30-45 days from the start date. 1Note: Currently, some building materials are on a 15 to 22-week lead time.] e. Are the proposed activities maintenance of an existing project, newwork, or both? both f. What is the approximate total disturbed land area resulting from the proposed project? 26250 ®Sq.Ft or pAcres g. call the proposed project encroach on any public easement, public accessway or other area ®Yes DNo ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. No point discharges are proposed, only sheeffiow stonnwater runoff will be directed towards the basin. `P\yED 202.808.2800 ., 1.888-4RCOAST :, www.ncccastalmanagoment.not NMI )�; vl MHO CITI Form DCM MP-1 (Page 4 of 5) or Into OCT 1 It 2022 APPLICATION for Major Development Permit ifyes, will this discharged water be of the same salinity as the receiving water? H yes, attach a mitigation proposal. <Fonn continues on back> ❑Yes ONO ❑NA 6. Addlfionallnrormaaon In addition to tfas competed appflo ifbn lam, (UP-1) the fo0owing Rams below, Ifapplicable, must be submitted 61 orderfor the application package to be oomplofa. Roma (a) — (9 are always applicable to any major development application. Please conaWt um applicoon hhsfnsdbn aookbt on how to props* 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 statue of are proposed project. Is any portion akeady complete? H previously authorized work, clearly Indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A she or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A Dopy 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 crow made payable to DENR. f. A 1lelof the names and complete addresses of the adjacent waterfront (dparlan) landowners and signed return receipts as proof that such owri s have received a copy of the application and plats by died mall. Such landowners must be advised that they have 30 days in whkh to submit comments on the proposed project to the Division of Coastal Management. Name Steve Midget, James Rasnake Phone No. Address 5502 Cryora Lane, Mt Kenney, VA 23872 Narte Jazanie HerbertO'Neaiw.. _-Phone No.. Address P.O. Box 40, Rodanthe, NC 27968 Name _ m Phone No. -. Address g. A Ibl of previous state or federal permits Issued for work on the project tract. Incthde permit numbers, permltee, and Issuing dates. NCDEQ-LAMA 091-19 issued to Dare County on Nov. 21, 2019 NCDWR General Water Quality Certification 4175 for the DCMMP 167-00 issued to Dare County on Oct 31. 2000 Project No. ta•1113 USACE Programmatic General Permit 1980DO291 (Action ID SW7051001 issued on Oct 2005; Modified on Jun 19, 2019; SAW-2019-01720) Issued on Nov. 20, 2019 OCMMP 167-05 Issued to Dare County on Nov 2, 2005 h. Stgred consultant or agent authorization form, if applicable. I. Welland delineation. H necessary. J. A attired AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compkance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), If necessary. II the project Involves expenditure of public rinds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act 7, Gttl llg#$O.n.artafaeanisslon to Enter on lama 1 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 osrtily that 1 am authorized to grant, and do In fad grant permission to representatives of elate and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application Is rulhful to the best of my knowledge. Date September 19 2022 Print Name _R uten_ r_.._._ RF'CrPllc�i Signature A r11/ T !1 9�2Z 252.806-2800 .. 1.888.411COAST Yrww.ncroastalmanagetnent.net l )C: VI-IVIHD C TY Form DCM MP-1 (Page 5 of 5) APPLICATION for Major Development Permit Please indicate application attachments pertaining to your proposed project. —RECEIVED �r e g'ti ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts L ] E 1 � ❑DCM MP-3 Upland Development ❑DCMMP-4Structures Information OCT 14 202Z PEOM ELD 252.008.2808 :: 1.888.41RCOAST :: www.nccoostalmanngomont.net NOV y C H22 F)Givl-laiHD C TY RECEIVED Form DCM MP-2 EXCAVATION and FILL OC T 17 2022 (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relatelo this proposed project. Please Include all supplemental information, Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel (NLW or Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater (excluding shoreline NWL) _ stabilization Length N/A NIA N/A NIA NIA WA NIA Width Avg. Existing Depth NA NA Final Protect NA NA Depth a. Amount of mlerial to be excavated ham cubic yards N/A c. (1) toes the area to be excavated include coastal walianda/marsh (CW), subroargsd aquatic vegetation (SAV), shelf bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square test affected. Ocw _ OsAv _ Elsa OWL i lima (it) Describe lie Iwrpose of the excavation In these areas: N/A 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area. Hauled to the Dare County Landfill in Slummpy Point c. (1) Do you clam 0tie to disposal area? IRYes ONo ❑NA (lf) lino, attach a letter granting permission from the owner. e. (1) Does the disposal area Include any coastal wetlandslmarsh (CW), submrged aquatic vegetation (SAV), shell bottom (SB), a other wetlands (WL)? If any boxes are checked, provide the numbar of square feet effected. OCW ❑SW OSa OWL ONone (A) Descrbe the purpose of disposal In Ihese areas: N/A OThis mol/on not applicable soil; creosote and sunken submerged debris of the existing dilapidated bulkhead structure d. tfigh-ground excavation In cubic yards. 30 cubic yards O This section not applicable 30eby30ti d. (1) Will a disppo033at area be available for future maintenance? Was 17Na DNA (il) Nyes, where? Slummpy Point 1. (1) Does the disposal intluda any area in the water? OYaa ®No ONA III) if yes, low much water area is affected? 25?-e06.2008 :: 11-88HARCOASY :: www.ncgonstalmaoanefgent.yet revised: 12/26/06 NOV 16 2022 r"'-fbWI C; TY Form DOM MP-2 (Excavation and Fill, nape 2 of 3) e WWOWn, Use MP4—SVnWtebs) I&BWIABad IRRlptep DareakwatedwIl 130tha:_ c. AveragedatanneweterwerdofNHWorNWI.:Oft o. Type dd9611zebon material; _ — `Mrl bukhesd; Slzn a dprep it. Numberof square teal of tot to be pleoed below weler level. Bulkheadbatknll Been Rlpap)6AW %*44 BrealosserlSlll •__ Other_ L sourced Ngmatedel. Qum e. (Excluft Shoreline &abRtreflar) If yes. (H)Amount of metedal to he plooed In the water (0) Bimonslona of of area (Iv) Purpose offill 10110 q I � s on not appllcabld .e F"' C E - I V E south side NAkhagd;.2¢ fl elpm: the dnreD W1dth: 1 R el0nglhp 6yJkhead wall a to0 0 erono the dg_p d. MeatmumdleteroewalawadofNHWorNWL:)664 I. (1) Has there been shom9ne erosion during preceding 12 moMhe? DYee O1No DNA (1) If Yoe, state ommud of erosion and source of eroskm -mount Information. NIA h. Type of to material. eclk 57 alone; size B dprop—T ®This sectionnbt eppilceble ❑OW _. OSAV — Dint OWL (None (s) Ceear@o the twrowe of the 1111 In these areas: 9. 1bwVAoXM0tW or of materiel be kept on Site and erosion b. WMIWp controlled? bakhae - ONlonec to be constructed around do.walodng stoo4ft era. emokhda of c. p) Will navigational olds be required no a retool of the pfu]W? d. (B WWI wetlands be crossed In valeportyp equipment to proloot DYee 1911a, DNA she? DYee ®No DNA (I)1(yes,azplehwhat type andhow dleywill beltredemented.(1)Ifyee, explain slops that wlebetakento avoid orminimize environmental Impacts. 18 Seplember2022 Rodatthe Hater Bulkhead project Project Name Robert a uMy Manager f Attorney Apploo pw 282.e0e.281e e: 1.9081aCOABT s viww.nccoastalmAnSgamenRnal rovoad: 7212W06 O C T 2 5 2022 I,I770P,. NOV T_ f 2022 DCM, MHD CITY Form DCM MP•2 (Nxc Itj nn I Fill, Pa e 3 at 3) Applicant signslme ------ OC T 1 7 2022 "2.008.2808 :: 1.88"RCOA5T :: www.nccuastrJmam,gu:nent.net f revised: 12126106 AIO V r 6 2022 C1C:iv3• it HD CITY Dare v;\�1�y County 1 Latitude: County 35' 44" N Longitude: 75> 2e' 12" w OCT 1 �+ Directions from Nags Head, NC: From Head southeast on North Carolina Hwy 12 S ®� A V 9 �q Continue -�24 miles South via the Jug Handle Bridge i At the traffic circle, take the 1 st exit onto North Carolina Hwy 12 Turn right onto Myrna Peters Rd The project site is located at Rodanthe emergency ferry terminal - _ e.xm>w+uv 1 12 u Handle Bridge Rodanthe �3 F or (1 s - Myrna Peters Rd, r mm a ` a _ t _ s/�mpy pu` the n7. Rodan i 81ackma7 Gut n=. n. Project Area APPLICANT: DRAWING TITLE: Dare County VICINITY MAP 954 Marshall Collins Dr. Manteo, N C 27954 PROJECT: SCALE: ASSHOWN SHEETk RodanlheHarbor bATE: Rey 060d201t i Bulkhead Project DRAWN BY: T.Hv o 1 PROJECTA 2567 I$14�:;, Q 1�11 a C�UffU(Inu�il(ICJIfII G;1�f��u��il6Oli>l AN NOV i 6 7022 RECEIVED t'Ci-NiHD CITY IVED APPUCAAfr' DRAMNGTITLE: Dare County Project Map 954 Marshall Collins Dr. Proposed bulkhead Manteo, NC27954 & Rlprap placement PROEM SCALE: ASSHOWN SFIEET k. Rodanthe Harbor Project DATE:nevnriwzon 03 BRAWN BY: T.WF Bulkhead PROJECTM 21A7 60 Scale (Feet) Photo: 19 Aug 2022 Pa6' il(11: 19cono 01ir mid,(0)u1) 1%JP)J,Odi(Gvq, fjIpyl J.; CID Uzz DCW-MHD C IT) CONSTRUCTION DB f ,, . .., FirPm ENGINEERING j� SERVICES, INC. sREET No. L of I P.O. Box 665, Manteo, NC 27954 (252)473.9733 f. !-ATEDBY )1 := DATEy-/.. FAX (252) 473-4191 DATE—______ SCALE 14'-O' MIN. V CT 4 si 2W' P.T. CAP BOARDS ATTACH WITH 3' SCREWS (0.4 CCA) 64"P,T. CONT. D M---E- TIMBER WAI F W1 TN 5/8' DIA. GA- V. BOLT 246 P.T. FACE BOARD w/ (2) Y WASHERS (2S CCA) (TYP,) Qx�yP,OyjNP LINE i b i ry � N &W P.T. CONT. _ TIMBER WALE WTH N' 3/4' DIAL CAI . TIE 5/8-CIA. GALY. BOLT ROVI&LONG w/(2)3"WASHERS F5'-4` c (25 CCA)(TYP.) a 1 OM-" P.r. DF'ADMkN 6' LONG AT EA. T.E ROD (O,B CCA) GG-425 OR F4'FRI.AST 4.1 SERIFS 8' D!A. P.T. FACE YINYL 55EET CLES 20 LONG NOTE: ALL TIMBER TO BE PRESSURE PL.ING 14 LONG IDTJ'a"4"<(2.0 CCA) TREATED IN ACCORDANCE WITH AWPA UMB FOR WATER EXPOSURE AND UG40 FOR SPLASH ZONE ALL HARDWARE TO BE HOT DIPPED GALVANDED PYATkA1tIIIJJJ CAR "/, -OL '- SEAL r y 04 6 TYPICAL SECTION OF BULKHEAD ,AY GO,\.��li jf St:AI.E: 3/8"=X'-D•• APPLICANT., DRAWING TIRE. Dare County Typical Bulkhead Section 954 MarshallColins Dr. Manteo, NC 27954 PROJECP. SCALE: AS SHOWN SHEETR Rodanthe Harbor GATE:RevO60d7B1t Bulkhead Project 04 DRAWNSY:HG. PROJECTM 2111 'ED �Y NOV 16 Z022 "1^fiIA-r0L-I)_? CITY RECEIVED OCT 7. 5 2022 /// Proposed riprap placement Existing Condition / Placement may vary depending on site August 2022 / conditions at the time of construction. I 1.0 NAVD 1.e'NAVO APPLICANT HAWING TITLE: Dare County Typical Riprap Section 954 Marshall Collins Dr, Manteo, NC 27954 N3 as sxowx sxEEr r. PND/ECT Rodanthe Harbor DATE: a,,m«1I011 05 Bulkhead Project raaECT r: 1wr DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Dare County (Major Modification to #91-19) 2. LOCATION OF PROJECT SITE: 23170 Myrna Peters Road, SR 1492, Rodanthe, Dare County; adjacent the waterbodies of Blackmar Gut and the Pamlico Sound. Latitude:35°35'44.22"N Longitude: 75028'12.03"W 3. INVESTIGATION TYPE: CAMA, D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit— 04/29/22; 09/28/22 Was Applicant Present — Yes; No PROCESSING PROCEDURE: Application Received Complete — 11/14/22 Office - Elizabeth City SITE DESCRIPTION: (A) Local Land Use Plan — Dare County Land Classification From LUP — S-1 (Special) (B) AEC(s) Involved: Coastal Wetlands (CW), Estuarine Waters, (EW), Public Trust Area (PTA), Coastal Shoreline (CS) (C) Water Dependent: Yes (D) Intended Use: Public/Government (E) Wastewater Treatment: Existing - None Planned - None (F) Type of Structures: Existing — Emergency Ferry Dock, Bulkhead, Recycling Center, Helipad, Boat Ramp, Floating Dock, Courtesy Dock, Driveway, Parking Planned — Bulkhead & riprap revetment (G) Estimated Annual Rate of Erosion: None noted in application; Observed 5-7' In the southwest corner of the ferry terminal where bulkhead wall is gone. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) CW n/a 576 sf n/a (B) EW, PTA (Shallow Bottom) n/a 470 sf n/a (C) CS (High Ground) 174 sf (D) Total Area Disturbed = 1,220 sf (.02 acres) (E) Primary Nursery Area: N/A (F) Water Classification: SA/HQW; Closed to shellfishing PROJECT SUMMARY: Bulkhead replacement and riprap revetment at the Rodanthe ED Harbor emergency ferry terminal adjacent to Blackmar Gut. NOV i 6 2022 nnM4ViHD CITY Field Investigation Report: Dare County (Major Modification to #91-19) Page 2 Proiect Settin The physical address of the project is 23170 Myrna Peters Road, State Road 1492, in Rodanthe, Dare County, and comprises of —8.53 acres of commercial sound front and marsh acreage with t1,826 linear feet (Ift) of shoreline. The elevation of the tract is approximately t4' above normal water level (NWL). The project site is adjacent the waters of Blackmar Gut and the Pamlico Sound. Existing man-made structures on this parcel include the Rodanthe emergency ferry dock/terminal with deteriorated bulkheading, access ramp and dolphin clusters, tie pilings south of the terminal, a recycling center station with privacy fence, helipad with concrete pad and chain link fence, infiltration basins, a spoil disposal area associated with federal channel dredging, and parking. Through a partnership with Dare County and the NC Wildlife Resources Commission, a 2-lane concrete boat ramp with a center floating dock, 2 vinyl cantilever bulkhead walls, and a vinyl bulkhead wall behind a new courtesy platform/dock were constructed after Major Permit #91-19 was issued on 11/21/2019. The redevelopment of existing travel and asphalt areas for a driveway -maneuver area, concrete block/ribbon curbing, and additional pervious pavement parking was also authorized and completed. Blackmar Gut is a Federal Navigation Channel and is maintained using the on -site diked spoil disposal area, which is located on the southwest section of the parcel. Non -coastal vegetation includes wax myrtle (Myrica cerifera), cedars, Common Reed (Phragmites), Marsh elder (Iva frutescens), Sea oxeye (Borrichia frutescens) and Rose mallow (Hibiscus palustris) and indigenous grasses. Vegetation transitions into Coastal Wetlands containing Black needlerush (Juncus roemerianus), Salt marsh cordgrass (Spartina alterniflora), Salt meadow cordgrass (Spartina patens), and Saltgrass/spike grass (Distichlis spicata). The wetlands subject to Section 404 were delineated in 2005 and 2017. A Jurisdictional Determination (JD) of wetlands in the Rodanthe area was submitted in the original CAMA Major application for the Rodanthe Boating Access Area (BAA) project. An excerpt of that 1211312017 correspondence/JD is provided and confirms that the southern area of the emergency ferry terminal had CAMA wetland salt grassland (labeled WC and seen in Figure 3-1). Prior State permits issued for this tract include Stormwater #SW7051001 in October 2005, DCM Major Permit #167-05 in November 2005 for the heliport and recycling center, and DCM Major Permit #167-00 in October 2000 for the Ferry Landing. It has been confirmed that#SW7051001 was renewed and modified effective June 19, 2019. The adjacent riparian property to the north is an undeveloped lot with approximately 85% marsh acreage. The adjacent riparian property to the south is an undeveloped lot, partially used for camper/trailer storage. An interagency scoping meeting was held on 06/24/22, with representatives from Dare County, Division of Coastal Management, Wildlife Resources Commission, Division of Water Resources, and DEMLR-Stormwater in attendance. F"P'i'ECVED nr�ri LD CITY Field Investigation Report: Dare County (Major Modification to #91-19) Page 3 The Pamlico Sound is classified as Coastal Waters and is in the Pasquotank River Basin. The Environmental Management Commission's water classifications for Blackmar Gut and the Pamlico Sound are SA and High Quality Waters (HQW). The area of the Rodanthe boat harbor is closed to shellfishing. The existing Federal channel depth ranges from -5 to -12' NWL, and Blackmar Gut in the basin(s) averages -5 NWL. Development Proposal The area of the Emergency ferry terminal is used on a daily basis by commercial fishermen. Up to a total of 7 boats have been seen moored along the sides of the terminal, with fishing gear along the shore. On the southwest corner of the terminal, a plank had been installed (attached to a creosote piling), which was used by fishermen to disembark from their boats and cross over Coastal wetland vegetation. Dare County's first goal of the project is to create a safe space for the commercial use of the terminal, as well as for the emergency operations of the NCDOT Ferry Division then they are using the ferry route to transport goods when NC 12 is impassable. The County's second goal is to minimize land erosion and maintain current environmental conditions. The proposal includes the removal of creosote material and wooden bulkheading, as well as any submerged debris along the north/northwest and south/southwest areas of the Emergency ferry terminal. This material will be hauled to the Dare County Landfill in Stumpy Point. A total of 320 Ift (with a width of 1') of new vinyl bulkhead sheeting with 8-inch round pilings will be installed in the current alignment, with an average of 1' or less waterward of NWL. The proposed 750 sf of backfill associated with the southwest corner of new bulkheading will impact ±576 sf of Coastal Wetlands consisting of Salt marsh cordgrass (Spartina alterniflora), Salt meadow cordgrass (Spartina patens), and Saltgrass/spike grass (Distichlis spicata). A riprap revetment, 25'x6' (150 sf) is proposed at the southeast end of the bulkhead return to assist in diffusing wave energy and prevent future erosion. Anticipated Impacts The shoreline project as proposed will have an effect on the following: 576 sf of Coastal Wetland habit will be impacted with the construction and backfill associated with the new bulkhead on the southwest corner of the ferry terminal. 470 sf of Shallow Bottom habit will be impacted with the installation of the main bulkhead replacement and installation of the riprap revetment. 174 sf of High Ground will be impacted with the remaining backfill of the bulkhead on the southwest corner. Temporary turbidity may occur during construction. —2,000 sf of high ground may be disturbed in the proposed staging area. Submitted by: Yvonne Carver Date: 11/14/22 �'°"`\fED NOV 16 2022 Drki1-MI-11D CITY Dare County Permit Modification Request of Major CAMA Permit #91.19 Rodanthe Harbor Bulkhead Repair and Replacement Project Page I of 5 Rodanthe Harbor Bulkhead Repair and Replacement Project R E C"A E I V E D Dare County, North Carolina OCT 1 4 2022 Project Narrative HH flfl�YY ��CIV —EC Dare County, as the Applicant, proposes to repair and replace the Rodanthe Harbor bulkhead located at 23170 Myrna Peters Road, Rodanthe NC 27968. The existing bulkhead on the southside of the property has been used by local commercial fisherman and women, and this area is also utilized by the NCDOT Ferry Division as the emergency operations ferry route to transport goods in the event highway 12 is impassable. Due to severe storms and chronical weathering in recent years, the existing bulkhead is currently in a dilapidated condition and is posing significant health and safety hazards. An aerial photo of the project area was taken on July 22, 2022 as shown in Figure 1. The Rodanthe 1-lrbor Bulkhead project is proposed to be conducted in conjunction with the Rodanthe Boating Area Access (BAA) project. Dare County, as the Applicant of both projects, received the North Carolina Coastal Area Management Act Major Permit (#91-19) on November 21, 2019 for the BAA project. Per the guidance provided by the Environmental Specialist of DCM (c/o Ms. Yvonne Carver) on July 8, 2022, the proposed bulkhead project would require a major modification for the existing permit 491-19, and the applicant should submit a new application package consisting of updated MP -I and MP-2 forms and to -scale drawings, etc. An onsite meeting was conducted with a representative from the North Carolina Division of Coastal Management (DCM) and a pre -project interagency scoping meeting was held on June 24, 2022 with representatives from DCM, Division of Wildlife Resources Commission (WRC), Division of Stormwater, Division of Water Resources. The signup sheet of the meeting is including in Attachment 1. Several options were proposed and discussed at the meeting, and a preferred option was decided upon to be in the best interest of Dare County and the local community. Preferred Option Explanation The preferred option, if approved, would allow Dare County to replace the existing structures on the north and south sides of the harbor with a similar bulkhead of size and structure. The old creosote material and sunken submerged debris would be removed to the greatest extent possible and replaced with more environmentally friendly material. The old structure and removed materials would then be hauled to the Dare County Landfill in Stumpy Point. This facility is an approved state permitted landfill for mixed creosote materials. RF.CF;1'ED Nov 16 2022 DC3j-,WIND UTY Dare County Permit Modification Request of Major CAMA Permit #91-19 Redwine Harbor Bulkhead Repair and Replacement Project Page 2 of 5 The proposed activities are summarized as follows and shown in the scaled project drawings in Attachment 2. Sheet 01 of the drawings contains the vicinity snap of the project area, and the aerial image on Sheet 02 highlights the proposed project boundaries and anticipated staging areas. (1) Removing the dilapidated creosote material and submerged debris from the northside (130 ft) and southside (190 ft) of the existing bulkhead structure. (2) Replacing the existing bulkhead structure with travel style piles with vinyl sheathing. (3) Backftlling up to 750 square feet (sqft) behind the southside of the bulkhead to establish a new area to improve flushing. (4) Installing size B riprap in an area of up to 200 sqft south of the bulkhead structure to prevent downstream future erosion. (5) A staging area of approximately 2,000 sqft has been identified which will not impact the existing wetland area and the nearby —1,650 sqft infiltration basin. The goal of the proposed project is twofold. First, the County would like to create a safe usable space for the commercial ftshertnen and women to use. A bulkhead was located on the western most portion of the southside bulkhead, but the structure has now been dilapidated to just pilings from years of usage and weathering (Figure 2). It presents numerous safety concerns and forces the community to utilize a smaller area that presents safety issues from overcrowding. This area is also utilized by NCDOT Ferry Division as the emergency operations ferry route to transport goods in the event highway 12 is unpassable. Repairing/replacing the existing bulkhead would allow the community to dock in an area that is further away from the ferry ramp creating a safer environment for all. The second goal of this project is to minimize future land erosion and to maintain and enhance the current environmental conditions. The county proposes to backftll an area up to 750 sqft to allow a seam less transition from the parking area to the bulkhead. The bulkhead design incorporates a 45 degree turn to protect the backfilled area from future erosion (as shown on Sheet 02 of the Drawings in Attachment 2.) To protect the existing area, the county proposes to place size B riprap south of the bulkhead structure to better disperse wave energy in an effort to prevent downstream future erosion. The county has identified an area for staging that does not impact any existing wetland area and allows unimpeded ingress and egress of vehicular traffic. Neither the proposed activities nor the designated staging area will impact the existing nearby —1,650 sqft infiltration basin. The contractor will take before and after pictures of the project site to be included in the project closeout process. RECEIVED RECEIVED OCi 14 2022 Nov 16 2022 DCM•-E-C DCi1li-[V1H i CITY Dare County Permit Modification Request of Major CAMA Pennit 491-19 Rodanthe Harbor Bulkhead Repair and Replacement Project Page 3 of 5 In summary, the proposed project includes the installation of approximately 350-380 feet of naval style bulkhead. The materials being used are 25 feet 8-inch round piles on 5-foot 4-inch centers with 16 feet 4.1 vinyl sheathing and 6x6 top 6x8 bottom whalers. All material will be marine grade with galvanized hardware, stainless steel screws, and deck style top caps. Dare County has contracted with Northeastern Marine Construction, a local licensed contractor to perform the work if approved (NC Contractors license number 30026). The total cost for the proposed project will be approximately $200,000, and it will be funded by Dare County. Some building materials are on a 15-22-week lead time, and construction is expected to be completed in approximately 30-45 days from the start date. Figure 1. Aerial photo taken on July 22, 2022 showing the proposed project area at Rodanthe I larbor. RECEIVED OCT 1 1, 2022 DCM-EC PF70.F-ArF-ri Nov 16 2022 DUM-Mill) CITY RECEIVED OCT t It 2021 Dare County Permit Modification Request of Major CAMA Permit #91-19 Rodanthe Harbor Bulkhead Repair and Replacement Project Y'l �� _ '° Page 4 of 5 Figure2. Aerial photos taken on July 22, 2022 showing the existing condition of Rodanthe Harbor. w,.,. E7!VED A'OV 16 20221 DCiV3 MHD CITY Dare County Perniit Modification Request of Major CAMA Permit U91.19 Rodanthe Harbor Bulkhead Repair and Replacement Project Page 5 of 5 A scoping meeting was held at which DWR was present. The date of the scoping meeting was June 24, 2022, and this project was discussed. This meeting met the requirement for requesting a pre -filing meeting under 40 CFR Part 121 for 401 Certifications in accordance with the Federal Clean Water Act. The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. 00, 1 4 2022 D ' M.-EC Nov 16 2022 I)CM-MI-ID CITY CASE COASTAL SCIENCE G ENGINEERING PO DOX 8056 COLUMBIA SC 29202 TEL 803-799-8949 • FAX 803-799-9481 • www,coostaiscience.com July 30, 2022 Mr. Steve Midgett Mr. James Rasnake 55o2 Cryors Lane Mt Kenney, VA 23872 RE: Rodanthe Harbor Bulkhead Repair and Replacement, Dare County, North Carolina Permit Modification Application —Adjacent Property Owner Notification Dear Mr. Midgettand Mr. Rasnake: Dare County is applying for a CAMA Major permit modification to repair and replace the existing bulkhead at Rodanthe Harbor, located at 23270 Myrna Peters Road, Rodanthe, NC 27968, in Dare County, North Carolina. The specifics of the proposed work are in the enclosed application forms and drawings. Asthe adjacent riparian property owner to the aforementioned project, I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Should you have any objections to this proposal, please send your written comments to Ms. Yvonne Carver at 4oa S. Griffin Street, Suite 30o, Elizabeth City, NC 27909, within 3o days of your receipt of this notice. Such comments will be considered by the Department of Environmental Quality —Division of Coastal Management in reaching a final decision on the application. No comment within 3o days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 803-799-8949, or e-mail me at hkaczkowski@coastalscience.com. Sincerely, Coastal Science & Engineering (CSE) Haiging L Kaczkowski (PE NC 37281) Enclosures a) CAMA Permit Application Forms MPa and MP-2 2) Project Narrative 3) Permit Drawings (Sheets 01-02) cc: Yvonne Carver,NCDEO-DCM Robert Outten (Dare County Manager I Attorney) Dustin Peele (Dare County Project and Procurement Manager) NOV 16 2022 DC1%4-MHD CITY RECEIVED SEP 2 2 2022 DCM-.E-C; ■ Complete Items 1, 2, and 3. ■ print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mallplace, or on the front if apace permlta. 1. Article Addressed to: 5i euf .vy)edcje+- 0_av,1e5 PA5netke. 55a a Cryors L.an2 Of. keen y y tlA a387apy IIIIIIIII IIIII MIII 1111III II 1111IIIII111111III 9590 9402 6831 1074 2114 79 ❑21 V950 0001 2517 "OhM2 228 PS Farm 3811, July 2020 PSN 7630.02.000.8063 w aryn tore y� xy address different from Item v u Yw enter delivery address below: ❑ No o Priority Mall Express O Reghtered Mailed Restricted Delivery, ❑ Reslatered Mall Reatrlota Delivery n1dolod Dervory ❑SlgnaloreConam llonM ery 13 elgnaturoconfirmation ery Restdoted Delivery Restdoled Delivery Domestic Return Receipt RECEIVED SEP 2 2 2022 DCM-EC No\' 10 2022 El(;IvR�lUlttiL=" �sf�� CSECOASTAL SCIENCE & ENGINEERING PO BOX 8056 COLUMBIA SC 29202 •TEL 803-799-8949 • FAX 803-799-9481 • www,coosiolscience.com July 30, 2022 Ms. Jazanie Herbert O'Neal P.O. Box 40 Rodanthe, NC 27968 RE: Rodanthe Harbor Bulkhead Repair and Replacement, Dare County, North Carolina Permit Modification Application — Adjacent Property Owner Notification Dear Ms. O'Neal: Dare County is applying for a CAMA Major permit modification to repair and replace the existing bulkhead at Rodanthe Harbor, located at 23270 Myrna Peters Road, Rodanthe, NC 27968, in Dare County, North Carolina. The specifics of the proposed work are in the enclosed application forms and drawings. Asthe adjacent riparian property ownerto the aforementioned project, I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Should you have any objections to this proposal, please send your written comments to Ms. Yvonne Carver at 402 S. Griffin Street, Suite 30o, Elizabeth City, NC 27909, within 3o days of your receipt of this notice. Such comments will be considered by the Department of Environmental Quality —Division of Coastal Management in reaching a final decision on the application. No comment within 3o days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 803-799-8949, or e-mail me at hkaczkowski@coastalscience.com. Sincerely, Coastal Science & Engineering (C5E) Haiging L Kaczkowski (PE NC 37282) Enclosures 2) CAMAPermit Application Forms MP-2and MP-2 2) Project Narrative 3) Permit Drawings(Sheets 02-02) a: Yvonne Carver, NCDEO-DCM Robert Outten (Dare County Manager I Attorney) Dustin Peale (Dare County Project and Procurement Manager) P I."i IFIVI.D NOV 16 2022 RECEIVE� rY SEP 2 2 2022 D M EC", ■ Complete Items 1, 2, and 3. ■ P4nt your name and address on the reverse so that we can return the card to you. is Attach this card to the back of the mallplece, or on the front If Mace Dermhe. ict zan�e O'n/Pa I O 6 Ox L p Ilillllll I�IIIIIIII IIII III II IIIIIIIIIIII IIIlII 9590 9402 6831 1074 2114 48 7021 0950 0001 2517 0235 PS Form 3811, July 2020 PSN 7630.0M00-9063 Agent below: ❑ No yps o Pdodry Mall FSlpreea® lure tt Rapbtared M0M hn Rubiatedodlvery WO 0 ist�d Mall FmWolat 31 ftftted Dell my e 0 elenat .Connlmellm'. eellwry M 619natom Omffnallon lellveryRealdoted Delvery I Reeldoted Delivery 'I geelrbled Delivery Domestic Return Receipt RECEIVED SIP 2 2 2022 DCM-Er Nov I a z��z CSECOASTAL SCIENCE & ENGINEERING PO BOX 0056 COLUMBIA SC 29202 •TEL 603-799-0949 • 17AX 803-799-9401 • WWW.(OQ4g)h(IPIICY. C0111 September 19, 2022 Ms. Yvonne Carver Environmental Specialist II Division of Coastal Management North Carolina Department of Environmental Quality 401 S. Griffin Street, Suite 300 Elizabeth City, NC 27909 RE: Authorized Agent Agreement Rodanthe Harbor Bulkhead Repair and Replacement Project Dea r M s. C a rver: This letter isto inform you that Patrick Barrineau (NC PG 2761) and Coastal Science & Engineering (CSE) is the Authorized Agent for the referenced project. Dr. Barrineau is authorized to act on behalf of the applicant on matters related to the modification request of CAMA Major Permit #91-19. Please contact me if you have any questions or need additional information. Thank you for your consideration. sineer Robert Outten, Dare County Manager/Attorney cc: Dustin Peele, Dare County Project and Procurement Manager KID i 6 2022 Mkii-IAHID CITY RECEIVED SEP 2 2 2022 DGM-EG ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director EMAIL MEMORANDUM NORTH CAROLINA Enytronmentar Qualfry TO: Theresa Schneider The Coastland Times Manteo, INC 27954 Iegalsftthecoastiandtimes.com FROM: Ella Godfrey DATE: November 15, 2022 SUBJECT: Public Notice: Dare County — Rodanthe Harbor Please publish the attached Notice in the Sunday, November 20, 2022, issue of The Coastland Times. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send me the affidavit, an original copy of the published notice, and an original invoice. Thank you for your assistance in this matter. if you should have any questions, please contact me at our Elizabeth City office (252) 264-3901. Attachment cc: Gregg Bodnar, Major Permits Coordinator, DCM, Morehead City Christy Simmons, PIO, DCM, Morehead City Ellie Davis, Accounts Payable, DCM, Morehead City File FtECEIVE© nov 16 2022 DCM-Iv HD CITY D_EQ� North Carolina Department of Environmental Quality IDivision ofCoastalManagement Elizabeth City Office 1 401 South Griffin Street. Suite 3001 Elizabeth CRY, North Caro11na 22909 252.2643901 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The NC Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an AEC as designated under the CAMA was received on 11/14/22. Dare County proposes to replace a bulkhead and riprap revetment at the Rodanthe Harbor emergency ferry terminal adjacent to Blackmer Gut in Dare County. A copy of the entire application may be reviewed at the office of the Division of Coastal Management, located at 401 S Griffin St, Ste 300, Elizabeth City, NC, 252-264-3901 during normal business hours. Comments mailed to Braxton Davis, Director, DCM, 400 Commerce Avenue, Morehead City, NC 28557, prior to 12/10/22, will be considered in making the permit decision. Later comments will be considered up to the time of permit decision. Project modification may occur based on review & comment by the public, state & federal agencies. Notice of the permit decision in this matter will be provided upon written request. PLEASE PUBLISH ON: Sunday, November 20, 2022 REM= NOV 16 2022 P)Gfvl, 0HI) CATY Q� North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street, Suite 3001 Elizabeth City, North Carolina 27909 wou ���� 252264.3901 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director November IS, 2022 Dare County c/o Robert Outten, County Manager P.O, Box 1000 Manteo, NC 27954 Dear Mr. Outten: NORTH CAROLINA Environmental Quality The NC Division of Coastal Management hereby acknowledges receipt of your application submitted for State approval to replace a bulkhead and riprap revetment at the Rodanthe Harbor emergency ferry terminal adjacent to Blackmar Gut in Dare County. It was received complete November 14, 2022 and appears to be adequate for processing at this time. The projected deadline for making a decision January 28, 2023. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from November 14, 2022, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 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 nia „p� runoieTimrrwawao-er� � RECE-WED WIN 16 2022 DCiVI-MID CITY North Carolina Department of Environmental Quality I Divislonof Coastal Management Elizabeth Chy Office 1 401 South Griffin Street, Suite 3001 Ellubeth Ctty, North Carollna 27909 252.2643901 Dare County Robert Outten November 15, 2022 Page 2 of 2 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 Yvonne Carver, Field Representative, if you have any questions and or if you wish to receive a copy of her field report. / Sincerely, — on Ren ddi District Manager, Northeastern District NC Division of Coastal Management RR/eg Enclosure cc: Jonathan Howell, Major Permits Coordinator, DCM, Morehead City, NC Yvonne Carver, Field Representative, DCM Patrick Barrineau, Coastal Science & Engineering, Inc, Columbia, SC PECEIVED NOV 16 2022 DCM-MiAD CITY r 4w 4' ;K CL v ,CL 0 L E) _ E 0 &M LL OC \Y w o_ a �*1 w J o IL ME mc LL I=_� W 7 O 4 le IL Im N o N W U� a M w O Q w E— u z�L o U� r N N J V Q N Z d uJ a� ` 4J r LU C Q aQ v�sM �OwN_ iti. F- 'I W N 0 R 0 z 2 O d� m e m Wco co d h �00 o V Lf) y O Z Q C O N O C Z N Lh V m Q0gym° v u a■ Q C N d r „ � O a:m N Q d T.. STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Roy COOPPR GOVERNOR December 13, 2017 ATTN: Kyle Barnes NCDOT Coordinator -Division One U.S. Army Corps of Engineers 2407 West Fifth Street Washington, North Carolina 27889-1000 JAMGS H. TROGDON, III SFCRF.TARY Subject: Preliminary Jurisdictional Determination Package for the Rodanthe Breach Improvements: TIP B-2500B in Dare County, NC. Dear Mr. Barnes, The North Carolina Department of Transportation (NCDOT) proposes improvements to NC-12 in Rodanthe in Dare County, NC. Below and attached are a brief description of the project, figures depicting all features, and appropriate forms. Approved jurisdictional determinations (AIDS) were confirmed by the U.S. Army Corps of Engineers (USACE) on January 27, 2004 and April 26 and May 2, 2006 by Mr. William J. Biddlecome. The wetland delineation for Phase II was updated in January 2012 and field -verified in March 2012 by the USACE and the N.C. Division of Coastal Management (DCM). An AJD was issued by the USACE on January 23, 2013 (Action ID SAW-2013-00107). On October 10 and 11, 2017, Three Oaks Engineering staff members conducted a site investigation (Figure 1). Seven new jurisdictional wetlands boundaries were flagged, three of which are new and four expansions of the existing approved jurisdictional wetlands (Tables 1) (Figure 3). Figure 3 also depicts these previously approved jurisdictional wetlands. Some of the previously approved jurisdictional wetlands were reduced, but they are not included in Table 1, ratherjust removed in the adjoining Figures. Table 1. Jurisdictional characteristics of wetlands in the study area. Map ID Wetland Community Type Hydrologic Classification Wetland Status Area ac. WA Wetland maritime grassland Estuarine New 0.52 WC CAMA wetland salt grassland Estuarine Expansion 0.04 WD Wetland maritime shrub thicket Estuarine Expansion 0.04 WF Wetland maritime shrub/grassland Estuarine Expansion 0.04 WH Wetland maritime grassland Estuarine New 0.01 MailingA&vss: NC DEPARTMENTOF TRANSPORTATION NATURAL ENVIRONMENT SECTION 1598 MAIL SERVICE CENTER RALEIGH, NC 276991598 Telephone: (919)707-6000 Customer Service: 1-877-368-4968 IVebsife: %my.ncdol.90Y PF01 VED Nov 16 202E LLCM-WIHD CIT Location: 1020 BIRCH RIDGE DRIVE RALE•IGH,NC27610 �:;�, Map ID Wetland Community Type Hydrologic Classification Wetland Status Area ac. WK Wetland maritime shrub thicket Estuarine Expansion 0.02 WL CAMA wetland salt shrub/grassland Estuarine New 0.01 0.68 The new delineations were verified in a site visit with the USACE and DCM on November 15, 2017. USACE Wetland Determination forms are included for each new potential jurisdictional wetland that is not an expansion of an existing approved wetland. Please see the enclosed Preliminary Jurisdictional Determination Package. If you have any questions or require additional information, please contact me at 919-707-6157 (office) or by email: maturchy@ncdot.gov. Please let us know if you have any questions or require additional information. We appreciate your assistance on this project. Sincerely, Michael Turchy Natural Environment Unit Cc: Greg Daisey, NCDCM Garcy Ward, NCDWR NOV 5 C, 2M f1C M CITY Appendix A Figures 16 Na DCM-MHD CITY ! °co # k � ° t)> E ° `Wo *%� C� /!# } ]k/ CL ! 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Signature of Agent or Applicant: Signature of Field Representative:—N�b�r<^- la'�irw • - Date: Date:..i.�-- nov f 6 ?ozz DCM,M,jjLA (-I,ry MAJOR PERMIT FEE MATRIX Applicant: Dare Count-, Major Modification for #91-19 Selection Development Type Fee DCM % DWQ % (14300 1601 435100093 1625 6253) (24300 1602 435100095 2341) I. Private, non-commercial development that does not $250 1000%1,($250) 0% ($0) involve the filling or excavation of any wetlands or open water areas: II. Public or commercial ❑ development that does not $400 100% ($400) 0% ($0) involve the filling or excavation of any wetlands or open water areas: ® Major Modification to a $250 100% ($250) 0% ($0) CAMA Maior permit 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 - El commercial development, if $250 100% ($250) 0% ($0) General Water Quality Certification No. 4175 (See attached) can be applied. III(B). Public or commercial development, if General $400 100% ($400) 0% ($0) Water Quality Certification No. 4175 (See attached) can be applied: III(C). If General Water 'aquatic Quality Certification No. $400 60% ($240) 40% ($160) 4175 (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 life: III(D) If General Water Quality Certification No. $400 60% ($240) 40% ($160) 4175 (see attached)cannot be a lied: IV. For development that El involves the filling and/or $475 60% ($285) 40% ($190) excavation of more than one acre of wetlands and/or open water areas: „ nOV 16 2022 DCfvi4v1HD CITY NC Division of Coastal Management Mwinr Permit Aonlieation Comouter Sheet Applicant: Dare County (Major Modification to #91-19) Date: 11/02/22 Project Site County Dare Staff: Yvonne Carver District: ®Elizabeth City ❑Washington [-]Morehead City [I Wilmington Project Name: Rodenthe Harbor Bulkhead Project Let: 35°3544.22"N Long: 75°28'12.03"W Date of Initial application submittal (EX: 1/8/2007): 09/22/22 Date application 'received as complete" in the Field office (EX: 1/8/2007): 1 2 1 I 1 LZ 3 Permit Authorization: CAMA Dredge & Fill UBoth SITE DESCRIPTION/PERMIT INFORMATION PNA: Dyes NNo Photos Taken: Yes N No❑ Setback Required (riparian): El Yes N No Critical Habitat: ❑ Yes NNo Not Sure 15 toot waiver obtained.' El Yes NNo Hazard Notification Returned: ❑Yes NNo SAV: 0Yes Ellio ❑Not Sure Shell Bottom: ❑Yes NNo ❑ Not Temporary Impacts: ®Yes []No Sure Sandbags: ❑ Yes NNo Not Sure Did the land use classification come from Mitigation Required (optional): countyLUP:NYes ❑No El Yes NNo Moratorium Conditions: ❑Yes No Environmental Assessment Done: NNA ❑Yes ❑NONNA SECONDARY WATER CLASSIFICATION -OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) Swamp Waters (SWI N High Quality Waters (HOW) I ❑ Outstanding Resource Waters (ORM WETLANDS IMPACTED El (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort ( Sallcomia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) N (SA) Salt marsh cordgrass (Spartine ❑ (SY) Salt reed grass (Spartina altemiflore) cynosuroides) N (DS) Soft or spike grass (Distichlis ❑ (SC) Bullrush or three square (Scirpus ❑ (TY) Cattail (Typha sp.) spicata) sp.) El (JR) Black needlerush (Juncus N (SP) SaWmeadow grass (Spartina roemertanus) patens) APPLICATION FEE ❑ No fee required - $0.00 ❑ III(A) Private w/ D&F up to 1 acre; 111(D) Pdv. public or comm w/ D&F to 1 3490 can be applied - $250 acre; 3490 can't be applied - $400 El Minor Modification to a CAMA Major N Major Modification to a CAMA Major ❑ IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 ❑ Permit Transfer-$100 ❑III(B) Public or commercial w/ D&F tot ❑Express Permit -$2000 acre; 3490 can be applied - $400 ❑ Major development extension request - 11. Public or commeiciallno dredge - ° $100 and/or rill - $400 ❑ 1. Private no dredge and/or fill - $250 ❑ III(C) Priv. public or comm w /D&F to 1 n Q V 16 2 acre; 3490 can be applied; DCM needs DWQ agreement - $400 � r 22 ITY 252.808.2808 :: 1.888.4RCOAST :: www nccoastalmanagement.net revised: Nov. 2012 NC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 3) Applicant'Dare County (Major Modification to #91-19) Date: 11102122 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in yourActivities code sheet. TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One e Vinyl j New Work N Replace 320 j 5 bulkhead Maint ❑ N Y ❑ N 0 Riprap ) New Work® Replace 25 6 Maint ❑ ❑ Y N N New Work N Replace Maint ❑ ❑ Y ❑ N New Work N Replace Maint ❑ ❑ Y ❑ N New Work El Replace Maint ❑ ❑ Y ❑ N New Work❑ Replace Maint ❑ ❑ Y ❑ N New Work EF Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work❑ Replace Maial❑ ❑Y El New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace . Maint ❑ —Wok ❑ Y ❑ N New ❑ Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y [IN New Work❑ Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y❑ N ; t f m REC- New Work Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace -EUT16 L Maint ❑ ❑ Y ❑ N DCM-WIHD CITY revised Nov. 2012 NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of sl Applicant: Dare County (Major Modification to #91.19) Date: 11/OW2 Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. Habitat Name DISTURB TYPE Choose One TOTAL Sq. Ft. (Applied for. Disturbance total includes any anticipated restoration or tamp impacts) FINAL Sq. Ft. (Anticipated final disturbance. Excludes any restoration andror temp impact amouno TOTAL Feet (Applied for. Disturbance total includes any anticipated restoration or tamp impacts) FINAL Feet (Anticipated final disturbance. Excludes any restoration and/or temp impact amount CW Dredge ❑ Fill ® Both ❑ Other ❑ 576 576 Shallow bottom Dredge ❑ Fill ® Both ❑ Other ❑ 470 470 High ground Dredge ❑ Fill ® Both ❑ Other ❑ 174 174 Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ NOV 16 2022 DCW940 HD CITY 252-808.2808 :: 1.888.4RCOAST :: www.nccoastalmanagement. net revised: Nov. 2012 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director November 16, 2022 MEMORANDUM: NORTH CAROLINA Erns irmental Quality FROM: Gregg Bodnar, Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, INC 28557 Fax: 252-247-3330 (Courier 04-16-33) greee bodnar(ftcdenr. ov SUBJECT: CAMA/Dredge & Fill Review Applicant: Dare County — Rodanthe Harbor Project Location: 23170 Myrna Peters Road; Rodanthe in Dare County Proposed Project: Replace a bulkhead and riprap revetment at the Rodanthe Harbor emergency ferry terminal Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greutl Bodnar at the address above by December 7, 2022. If you have any questions regarding the proposed project, contact Yvonne Carver (252-264-3901, ext. 237) when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME AGENCY SIGNATURE DATE NOV 16 2022 North Carolina Department of Environmental Quality I Division of Coastal Management f) ri M-iYI H D CITY � Elizabeth CRY office 1401 South Grinln Street, Suite 3001 Elizabeth City, North Carolina 27909 ++bow, /'� --'--- 252.264.3901 DCM Coordinator: Greg Bodnar Distributed Yes® No ❑ Applicant: Dare County Distribution Date: 11/16/2022 AGENCY ECRO Community Development/LPO Noah Gilliam DCM Planner Charlan Owens Eliz City USCOE: Josh Pelletier Community Assistance Lee Padrick (Beaufort Carteret Craven, Eliz City, Pamlico, Washington) Cultural Resources Renee Gledhill -Earley Div. of Water Infrastructure (No longer public Water Supply) Clif Whitfield Marine Fisheries James Harrison David Harris NC DOT Shellfish Sanitation Shannon Jenkins Sharon Gupton Andrew Haines Mike Moser Wanda Hillard State Property DEMLR/DWR: Sheri Montalvo Samir Dumpor Roger Thorpe Glenn Stewart DEMLR Sediment & Erosion- Storm water - DWR 401- WRC National Heritage Program Maria Dunn (WARO) Rodney Butler 1VED NOV 1 G 2022 DWH> IlD CITY Revised : 6/29/2018 SLOPING MEETING, DARE COUNTY -EMERGENCY FERRYTERMINAL-BULKHEAD- RODANTHE 06/24/22 - 10 A.M. Josh Pelletier not in attendance, but had noted to Lyn Hardison no USAGE issues. Dustin Peele with Dare County - W RC completed boat ramp off Myrna Peters Road and some bulkheading. Now would be good time to delete dilapidated bulkheads around emergency ferry terminal. Not a DOT project. Replace north side bulkhead near ramp, then the south side bulkhead by ferryterminal, plus replace bulkhead where only creosote pilings remain, Got with community, and the southside bulkhead replacement was key area. Erosion currently an issue. Backf II of area would impact CW, as confirmed by Yvonne. Option 3, bulkheading shown in pink outline, round pilings with vinyl sheet pile, deadman tiebacks, and associated backfill. 3781ft Yvonne noted CW as Spartina alterniflora, patens, spike grass. Except for path and wooden board tacked on piling to tight -rope -walk to boats moored. Wetland area has grown due to erosion over the last few years (mentioned by Ron). Not a significant impact per Maria Dunn, Option 3, for the resources that they cover. Safety, emergency, can see need behind this request. Caution of renovation, large equipment not be located on new concrete/pervious pavers installed for boat ramp area. Robert Tankard? Do not enter infiltration basin installed, There are existing crab pots, creosote poles, etc. along that shoreline that will be removed. Ron - due to CW impact and NW L, we'd have to stick with major mod. Gregg -if you pull bulkhead back behind the CW, general permit may be possible. If moving forward with MMD, show need/safety/etc. to propose CW fill. Dustin - landward bulkhead? —to remove wetland fill ... Gregg and Ron agreed it could go through GP. Noah / Dustin concern is losing existing docking for fishermen, and losing shoreline space... moving landward would not benefit them. Gregg -southern return wall angle... would that create more erosion, or further impact to shoreline 'unintended impacts'? Noah, looking at Dare GIS, there has been significant erosion already. From 2018 to 2020, a significant amount noted. Gregg - erosion could increase on other side of return. Noah, potentially change return; RR - also consider riprap along the area; Gregg - an easier review for resource agencies. Lyn - Noah share computer screen - show 2018-2020 erosion, and discuss a 90-degree return. Gregg, you can definitely propose that, but don't push more erosion toward the other curved area of CW...riprap consideration? Maria - a lot of time a vertical wall can deflect wave action, but riprap is a softer approach in regard to wetlands. Dustin - Option 1- creating a bulkhead, with riprap at the angled corner versus a return wall. Discussion further with GB —same conversation as earlier. Dustin - riprap on wetlands - Gregg - not on wetlands. RR- keep return wall and then place riprap. ' ',r_111JE a GB- standard process of a major mod. Lyn - sign in sheet can be the 401 pre -filing requirement. NOV 16 M0 DCtJI-MH[7 CITY Dustin - they will be looking at Option 3 since funding may be available. Get contractor to add riprap to his proposal. Noah — good staging area by recycle center. Gregg— make sure for SW benefit, you show staging area to confirm no impact to infiltration basin. ADJ —10:42 a.m. RFrF!VED my 16 ZOZZ DCM-MHD CITY Firefox aboutblank SIGN I PSHEET IN'I EBdGENC 1',SCUPING 3ME1'ING $ecoy rompeo, o tod R[d apr p*wd Project ind ro Plnu¢ Fla a(pant9 pNpmsd aF.)nuMIN n lV JrKV>s a prepOUJprule[I anJ plpvido cnotropence,tal pllrnlllvl/ af9 re8vlatory NlwmNim wnkM1 wd rmprcncwnmunk6tlMs arM IM1e permR4n8 MMesses. Note qem _ Phme _ Emal_ i � wssln pael out- ecwvl 1st435.sa1 Qpg3l,Psek&yuDu2T tenth 63l ore Count, 152 415 58N n96L. y61ip$gApy{4L•1 Y.ne Ca a Ca3lal MdnagemeI E51-8813901 IY➢W. "Il on3QRMRR'[ Ron R<nq coIMane eM 1533H 3901 maN MPnWeng 61e88 WE-, Covuel MamBemenl. 2W51551I6 ere.. htl I I e0n[Jrnr env mmi. 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Ybianlaw nunY mm�.Wm d<RM9Ot udnti<l'Am lwl WilhO1L<d xilAiv iO fnl of159 mmnvl x.!rr Gs<I \UIR:: An 1ppli<N.MPr.<'esaiy;l¢ul ell.)v>. rtnn'edMIKNIN IkI R•I<el 16 of 16 6/24/2022, 12:55 PM 0cm--MY-1 a (i ry ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Direclor NORTH CAROLINA Environmental Quality August 12, 2022 Haiqing L. Kaczkowski Coastal Science & Engineering, Inc. P.O. Box 8056 Columbia, SC 29209 Sent via email: hkaczkowskiCcD_coastalscience.com Re: Rodanthe Harbor Bulkhead Project Dear Haiging: The NC Division of Coastal Management hereby acknowledges receipt of the preliminary application submitted via email on 08/02/22 on behalf of Dare County for State approval for the development of the referenced project. An initial screening of the submittal package has been conducted as per 15A NCAC 07J.0203-0204. This revealed certain deficiencies, which must be corrected before the application package can be accepted as complete. We ask that you make the necessary changes and submit the application package with the appropriate documentation to our Elizabeth City office. Please understand that the subsequent detailed review may reveal additional areas where further information or documentation is required to demonstrate compliance with the rules directly applicable to the proposed development. If this occurs, you will be notified of such issues separately. Our initial screening has identified the following deficiencies: DCM-MP-1 • 3. Project location Please remove NC 12; the State Road # for Myrna Peters Road is SR- 1492. 0 o The Lot number per Dare County parcel records is 'Tract 2'. o b. Please remove Pamlico Sound from this line, as the Pamlico Sound is listed appropriately as the closest major water body on d. 4.a. The total length of shoreline on the tract needs to be corrected to reflect the entire shoreline of Tract 2. It was noted as 1,826 on the original major application. 4.b. The square feet (sf of the entire tract must be entered. Parcel records show that the commercial soundfront = 257,004 sf, and the marsh acreage as 114,693, for a grand total of 371,697 sf. 4.n. There is no wastewater system onsite this tract. �� North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Ofnce ; 401 South Griffin Street, Suite 300 I Elizabeth City. North Carolina 27909 r;;;,n,;,M°ar D � 252.264,3901 Haiging L. Kaczkowski Coastal Science & Engineering, Inc. August 12, 2022 Page 2 • 4.o. There is no water supply source on this tract. • 6.a. In regard to the project narrative provided: o Page 2 of 3, 2nd paragraph, you reference as recently as 2019 an existing bulkhead was located on the western portion of the southside bulkhead. That information should be updated, as the ConnectExplorer image dated September 2019 shows only pilings remaining and wetlands along the shoreline. A similar image is shown for the time period of September 2018. • 3m paragraph references establishing a new wetland in this area (as also mentioned in (3) in 15' paragraph. Is the applicant proposing the planting of coastal wetland vegetation, and if so, please verify exact location. o Page 3 of 3, 2nd paragraph, you note that Permit #91-19 will be expired on 12/31/22 and Dare County requests a permit extension to December 31, 2023. As I mentioned in my email on 08/02/22, with the request of a major modification, the expiration date would be extended when the permit modification decision is made. Advise to update the wording in this paragraph. • 6.f. You have provided copies of 2 letters sent to the adjacent riparian property owners. Please submit copies of the signed Certified Mail -Return Receipt Requested green cards, along with copies of any comments that may be received in reply. • 6.g. You have listed the USAEC GP number; please note the issue date of 11/20/19. The NCDWR WQC #4175 should be listed with the Project No. 19- 1113. Other permit history is associated with this project tract and should be documented as follows: SW7051001 issued Oct. 2005, Modified 6/19/19; DCM MP 167-00 issued to Dare County 10/3112000; DCMMP 167-05 issued to Dare County 11/0212005. DCM MP-2 Excavation and Fill — Please remove the information inserted into the Chart for dredging access channel and boat basin. It was my understanding that no dredging was proposed in the channel or basin for this project. 1. You have listed 100 cy of excavation from below NWL, and that it relates to soil and debris related to the dilapidated bulkhead structure. Under c(i) you state that no wetland vegetation is to be excavated, but the area where the dilapidated structure is noted as Coastal Wetlands. You also reference high -ground excavation under d. Please provide information under c(ii) regarding this purpose. Haiqing L. Kaczkowski r Coastal Science & Engineering, Inc. August 12, 2022 Page 3 2. You have checked that this section is not applicable, but inserted information of disposal being hauled to the Dare County Landfill. Please correct/update this area. 3.b. The width entered must reference the bulkhead wall, not the pilings. • 3.c and d. You must list the average and maximum distances waterward of NWL separately for the bulkhead and riprap. o Please note that the project drawing must show and match these distances. 3.1h. Verification must be documented if any sand/dirt is proposed for bulkhead backfill. Adequate Work Plans or Drawings have not been submitted. Please address the following items: o A plat must be provided to show the entire tract of land associated with the development, the existing conditions, property boundaries, and the adjacent property owners' names. It may be possible that you could uselupdate one of the previous plats from the WRC boat ramp project. o Each drawing must be numbered and identify: o the proposed work versus existing o existing bulkhead and proposed bulkhead with distances shown waterward o the drawer of the plat. o Normal water level (NWL) o Name of adjacent waterbody(s) o Water depth adjacent to the project area o the presence of any 404 or Coastal Wetland vegetation in area of proposed work and identify the agency or consultant making the determination, and date made ■ You may have to go to a larger scaled drawing to better depict this information. If that is the case, please note that we have the capability to scan drawings up to 11 x1 7 to email to State and Federal review agencies o Cross -sectional drawings must be submitted for proposed structures Haiqing L. Kaczkowski Coastal Science & Engineering, Inc. August 12, 2022 Page 4 To expedite our response to your permitting request, we will commence the detailed review of your application for a permit pending the receipt of the original application with the additional information requested above. However, the statutorily provided 75/150 days allowed for review cannot commence until such time as we have received a complete application package. Once your application has been accepted as complete, you will receive a separate notification letter. Please do not hesitate to contact me at our Elizabeth City office (252 264 3901) if you have any questions regarding this letter or the permitting process. Sincerely, Yvonne Carver Environmental Specialist II Attachment: Receipt for Permit Fee cc: Gregg Bodnar, Assistant Major Permits Coordinator, DCM, Morehead City Ron Renaldi, District Manager, DCM, Elizabeth City Robert L. Outten and Dustin Peele, Dare County, Manteo DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Dare County COUNTY: Dare PROJECTNAME: Rodanthe Harbor Bulkhead Project SFCr_J\1E0 LOCATION OF PROJECT: 23170 Myrna Peters Road; Rodanthe DATE APPLICATION RECEIVED COMPLETE BY FIELD: 11-14-22 NQV 1 Q Z�L2 FIELD RECOMMENDATION: Attached: No To Be Forwarded: Yes DCM-tit"D CITY FIELD REPRESENTATIVE Y voaae Cayer �DIS-T-5CT OFFICE: Elizabeth City DISTRICT MANAGER REVIEW �� / Date B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: S250 # Click or tap here to enter tex(. APPLICATION ASSIGNED TO: Bodear PUBLIC NOTICE REC'D: 11-20-22 ADJ. RIP. PROP NOTICES REC'D: C) 75 DAY DEADLINE: 1-28-23 EMAIL OUT DATE: 11-16-22 PERMIT FINAL ACTION: ISSUE DENY END OF NOTICE DATE: 12-10-22 DEED REC'D: Yes ISO DAY DEADLINE: STATE DUE DATE: 12-7-22 AGENCY DATE NOTES COMMENTS OBJECTIONS: RETURNED YES NO DCM - Field Rep "a 1(7,1 1&- DCM- LUP Consistency Detennination >k51- ' S•p Local Permit Officer tt 1(e ZZ X tSYC Corps of Engineers- Regulatory Branch 3/Z3 L3 �j mpg DWR-401Section Zr(0 3 1�_fj WIC( II��J DWR -Public Water Supply tt Z ZL DEMLR-Stormwater DEMLR- Sed and Erosion t 2�(0�7R DOA - State Property Office 17,15-67 r Wildlife Resources Commission bZ(l� ,' / r &J,I�o.c DMF-Shellfish Section t( ZZ X DMF -Habitat & Enhancement 12(t S Zb DNCR -Archives & History DNCR -Natural Heritage Program NCDOT NC Dept of Commerce ROY COOPER Governor' ELIZABETH S. BISER Secretary BRAXTON DAVIS Director NORTH CAROLINA Environmental Quality MEMORANDUM „'; F ar TO: Greg Bodnar, Major Permits Coordinator Division of Coastal Management, Morehead City THROUGH: Ron Renaldi, District Manager Q~ Northeastern District, Division of Coastal Management FROM: Yvonne Carver, Field Representative DATE: 12/07/22 SUBJECT: Recommendations for Major Modification to #91-19 for Dare County at the Emergency Ferry Terminal in Rodanthe The applicant is proposing the replacement of bulkheading and the addition of a riprap revetment at the emergency ferry terminal adjacent to Blackmar Gut, which connects to Pamlico Sound. The project area is located at 23170 Myrna Peters Road, State Road 1492, in Rodanthe, adjacent the WRC boating access area. The development proposed will involve the Coastal Wetlands (CW), Estuarine Waters, (EW), Public Trust Area (PTA), Coastal Shoreline (CS) AECs. I have reviewed the Rules of the Coastal Resources Commission (CRC) as they pertain to this project, and my findings are as follows: 15A NCAC 07H .0205 COASTAL WETLANDS (c) Management Objective. It is the objective of the Coastal Resources Commission to conserve and manage coastal wetlands so as to safeguard and perpetuate their biological, social, economic and aesthetic values, and to coordinate and establish a management system capable of conserving and utilizing coastal wetlands as a natural resource necessary to the functioning of the entire estuarine system. (d) Use Standards. Suitable land uses are those consistent with the management objective in this Rule. First priority of use shall be allocated to the conservation of existing coastal wetlands. Secondary priority of coastal wetland use shall be given to those types of development activities that require water access and cannot function elsewhere. Unacceptable land uses include restaurants, businesses, residences, apartments, motels, hotels, trailer parks, parking lots, private roads, highways, and factories. North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City. North Carolina 27904 252.264.3901 Recommendations for Major Modification to #91-19 for Dare County at the Emergency Ferry Terminal in Rodanthe December 7, 2022, Page 3 15A NCAC 07H .0208 USE STANDARDS (b) Specific Use Standards (7) Bulkheads (A) Bulkhead alignment, for the purpose of shoreline stabilization, shall approximate the location of normal high water or normal water level; (B) Bulkheads shall be constructed landward of coastal wetlands in order to avoid significant adverse impacts to the resources; (C) Bulkhead backfill material shall be obtained from an upland source approved by the Division of Coastal Management pursuant to this Section, or if the bulkhead is a part of a permitted project involving excavation from a non upland source, the material so obtained may be contained behind the bulkhead; (D) Bulkheads shall be permitted below normal high water or normal water level only when the following standards are met: (i) the property to be bulkheaded has an identifiable erosion problem, whether it results from natural causes or adjacent bulkheads, or it has unusual geographic or geologic features, e.g. steep grade bank, which will cause the applicant unreasonable hardship under the other provisions of this Rule; (ii) the bulkhead alignment extends no further below normal high water or normal water level than necessary to allow recovery of the area eroded in the year prior to the date of application, to align with adjacent bulkheads, or to mitigate the unreasonable hardship resulting from the unusual geographic or geologic features; (iii) the bulkhead alignment will not adversely impact public trust rights or the property of adjacent riparian owners; (iv) the need for a bulkhead below normal high water or normal water level is documented by the Division of Coastal Management; and (v) the property to be bulkheaded is in a non -oceanfront area. (E) Where possible, sloping rip rap, gabions, or vegetation shall be used rather than bulkheads. Partially inconsistent: A total of 320 Ift of new vinyl bulkhead sheeting will be installed in the current alignment of the existing wooden bulkhead, with an average of V or less waterward of NWL. Approximately 40 Ift of new bulkheading on the southwest corner will replace a derelict section that mainly consists of creosote pilings, and its alignment is proposed waterward of an existing fringe of Coastal Wetlands (CW). A return wall, as well as a riprap revetment, is proposed at the southeast end of the bulkhead. The proposed backfill in that area will impact CW vegetation. County at the Emergency Ferry Terminal in Rodanthe December 7, 2022 Page 5 (3) All development projects, proposals, and designs shall comply with the following mandatory standards of the North Carolina Sedimentation Pollution Control Act of 1973: (A) All development projects, proposals, and designs shall provide for a buffer zone along the margin of the estuarine water that is sufficient to confine visible siltation within 25 percent of the buffer zone nearest the land disturbing development. (B) No development project proposal or design shall propose an angle for graded slopes or fill that is greater than an angle that can be retained by vegetative cover or other erosion control devices or structures. (C) All development projects, proposals, and designs that involve uncovering more than one acre of land shall plant a ground cover sufficient to restrain erosion within 30 working days of completion of the grading; unless the project involves clearing land for the purpose of forming a reservoir later to be inundated. (4) Development shall not have a significant adverse impact on estuarine and ocean resources. Significant adverse impacts include development that would directly or indirectly impair water quality increase shoreline erosion, alter coastal wetlands or Submerged Aquatic Vegetation (SAV), deposit spoils waterward of normal water level or normal high water, or cause degradation of shellfish beds. (5) Development shall not interfere with existing public rights of access to, or use of, navigable waters or public resources. (6) No public facility shall be permitted if such a facility is likely to require public expenditures for maintenance and continued use, unless it can be shown that the public purpose served by the facility outweighs the required public expenditures for construction, maintenance, and continued use. (7) Development shall not cause irreversible damage to valuable, historic architectural or archaeological resources as documented by the local historic commission or the North Carolina Department of Natural and Cultural Resources. (8) Established common-law and statutory public rights of access to the public trust lands and waters in estuarine areas shall not be eliminated or restricted. Development shall not encroach upon public accessways nor shall it limit the use of the accessways. (10) Within the Coastal Shorelines category (estuarine and public trust shoreline AECs), new development shall be located a distance of 30 feet landward of the normal water level or normal high water level, with the exception of the following: (A) Water -dependent uses as described in Rule 07H of this Section; -v Bodnar, Gregg From: Thorpe, Roger Sent: Monday, November 21, 2022 9:38 AM To: Bodnar, Gregg Subject: CAMA Major - Dare County - Rodanthe Harbor Bulkhead Project Gregg The subject project will not require a State stormwater permit. Roger Roger K. Thorpe Environmental Engineer Division of Energy, Mineral, and Land Resources North Carolina Department of Environmental Quality 252-948-3923 office rooer.thoroe(a)ncdenr.gov Washington Regional Office 943 Washington Square Mall Washington, NC 27889 ------------ udvi,in;dFi di i n;vonmanw Uum�� Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director NORTH CAROLINA Environmental Quality 77 p�f^ar" Fq a!7- r. November 16, 2022 MEMORANDUM: FROM: Gregg Bodnar, Major Permits Coordinator NCDEO - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) gregg.bodiiar@iicdeiir.gov SUBJECT: CAMA/Dredge & Fill Review Applicant: Dare County— Rodanthe Harbor Project Location: 23170 Myrna Peters Road; Rodanthe in Dare County Proposed Project: Replace a bulkhead and riprap revetment at the Rodanthe Harbor emergency ferry terminal Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by December 7, 2022. If you have any questions regarding the proposed project, contact Yvonne Carver (252-264-3901, ext. 237) when appropriate, in-depth pomments with supporting data is requested. REPLY: _�� This agency has no objection to the project as proposed. **Additional comments may be attached** This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Ald,41-W AGENCY Gady� Al �/hP-TL E113CH FA r1111:10 DATE North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1401 South Griffin Street. Suite 3001 Elizabeth City, North Carolina 27909 252.2643901 s ROY COOPER Governor ELIZABETH 5, BISER Secretary BRAXTON DAVIS Olrectcr November 16, 2022 MEMORANDUM: NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16.33) gregg loodnat-Oncdenr goy SUBJECT: CAMA/Dredge & Fill Review Applicant: Dare County — Rodanthe Harbor Project location: 23170 Myrna Peters Road; Rodanthe in Dare County Proposed Project: Replace a bulkhead and riprap revetment at the Rodanthe Harbor emergency ferry terminal ' Please indicate below your agency's position or viewpoint on the proposed project and return this form to Green Bodnar at the address above by December 7, 2022. If you have any questions regarding the proposed project, contact Yvonne Carver(252-264-3901, ext. 237) when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Clif Whitfield AGENCY _Public Water Supply Section SIGNATURErlr/to� V AY C Rm f"` t" aG DATE 11-22-2022 y �QJ North Carolina Department of Environmental Quality I DlvisionorCoastarManngement Elizabeth city Office 1 401 South Griffin Street, Suite 300 1 :Elizabeth City, North Carolina 27909 nr r' 252764.3901 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director November 16, 2022 MEMORANDUM: NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) gre gg.b o dnat-O ncdenn gov SUBJECT: Applicant: Project Location: Proposed Project: CAMA/Dredge & Fill Review Dare County — Rodanthe Harbor 23170 Myrna Peters Road; Rodanthe in Dare County Replace a bulkhead and riprap revetment at the Rodanthe Harbor emergency ferry terminal Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grepp Bodnar at the address above by December7, 2022. If you have any questions regarding the proposed project, contact Yvonne Carver (252-264-3901, ext. 237) when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Christa Sanderford AGENCY NCDMF - Shellfish Sanitation and Recreational Water Quality SIGNATURE DATE 11/28/2022 D_E QJ� North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City. North Carolina 27909 252.264.3901 ROY COOPER Governor ELIZABETH S. BISER seareua BRAXTON DAVIS Dl`eov, November 16, 2022 MEMORANDUM: 0 NORTH CAROLINA ErH oruuenol Quality FROM: Gregg Bodnar, Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) gregg bQdnar@ocdenr.eov SUBJECT: CAMA/Dredge & Fill Review Applicant: Dare County—Rodanthe Harbor Project Location: 23170 Myrna Peters Road; Rodanthe in Dare County Proposed Project: Replace a bulkhead and riprap revetment at the Rodanthe Harbor emergency ferry terminal Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greaa Bodnar at the address above by December 7, 2022- If you have any questions regarding the proposed project, contact Yvonne Carver (252-264-3901, ext. 237) 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. AGENCY�5X&— SIGNATURE W DATE WlkA-- w, a2 aaaa y NmhCarolina Depa entof EnAro n2l Quality I DiAsionofOoascal Management •/ Eb both Cty Office 1401 South Cti in Street. Suite 3001 EJiaabeth City, North Carolina 27909 • 252 "3901 q d'[.aw 5wwv h e Yr euo ROY COOPER Governor ELIZABETH S. BISER SPC('eran. BRAXTON DAVIS Director November 16, 2022 MEMORANDUM. FROM: SUBJECT. Applicant: Project Location: Proposed Project: NORTH CAROLINA Environmental Quality Gregg Bodnar, Major Permits Coordinator DEC NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-24 -3330 (Courier 04-16-33) � .,e� f r i 1 � p 14 e g KB• CAMA/Dredge & Fill Review Dare County — Rodanthe Harbor 23170 Myrna Peters Road; Rodanthe in Dare County Replace a bulkhead and riprap revetment at the Rodanthe Harbor emergency ferry terminal Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by December7, 2022. If you have any questions regarding the proposed project, contact Yvonne Carver (252-264-3901, ext. 237) when appropriate, in-depth comments with supporting data is requested. REPLY: V This agency has no objection to the project as proposed. "Additional comments may be attached`* This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME 2 fAmI(Z- �UMt�e AGENCY SIGNATURE DATE North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1401 South Griffin Street, Suite 300 1 Elizabeth City. North Carolina 27909 252.261.31)01 ROY COOPER Governor ELI'Z.ABETH S. BISER 5'etwo(y BRAXTON DAVIS Director November 16, 2022 MEMORANDUM. NORTH CAROLINA Environmental Quality C. 22• \\-\\o. 8` FROM: Gregg Bodnar, Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) greegg bodnar@ncderingov SUBJECT: CAMA/Dredge & Fill Review Applicant: Project Location: Proposed Project: Dare County - Rodanthe Harbor 23170 Myrna Peters Road; Rodanthe in Dare County F�r--,P-S-7A Ft7r C,-,'.�,go14 ol— Replace a bulkhead and riprap revetment at the Rodanthe Harbor emergency ferry terminal Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greap Bodnar at the address above by December 7, 2022. If you have any questions regarding the proposed project, contact Yvonne Carver (252-264-3901, ext. 237) 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" his agency has no comment on the proposed project. his agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME 1/ Q6 C—I -Juv e% AGENCY -tA r-V-y- c- SIGNATURE DATE North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street. Suite 300 1 Elizabeth City. North Carolina 27909 "won /'^� 252.264.3901 Page 2 sections of permeable parking and other stormwater treatment measures that should not be compromised during construction. We request no heavy equipment or storing of material be done on the parking areas or in a manner to compromise the facilities and its treatment of stormwater. We also request notification be given to the NCWRC prior to the start of construction. A determination will need to be made on if the boating access area should be closed and public notice given. Please contact Brent Wilson, brent.wilson(ainewildlife.org with this information in a timely manner. We appreciate the opportunity to review and comment on this permit application. If you need further assistance or additional information, please contact me at (252) 948-3916 or at ntaria dumm(Nncwildlife.org r- ROY COOPER Governor ELIZABETH S. BISER Secrerury BRAXTON DAVIS Diierfor November 16, 2022 IuldlLe7:7J,`11►Iw NORTH CAROLINA Environmental Quality Vim-, I'-- NJ. fV ° Fi F C FROM: Gregg Bodnar, Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) greee.bodnarPrIcdenr. oovv SUBJECT: CAMA/Dredge & Fill Review Applicant: Dare County — Rodanthe Harbor Project Location: 23170 Myrna Peters Road; Rodanthe in Dare County Proposed Project: Replace a bulkhead and riprap revetment at the Rodanthe Harbor emergency ferry terminal Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greqq Bodnar at the address above by December7, 2022. If you have any questions regarding the proposed project, contact Yvonne Carver (252-264-3901, ext. 237) when aoorooriate. in-depth comments with su000rtinq data is requested. REPLY: PRINT NAME 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. James Harrison AGENCY NCDMF SIGNATURE — 441 BSr H"1^6WK, DATE 13 December 2022 North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1401 South Griffin Street, Suite 3001 Elizabeth City. North Carolina 2.790Q eu ,mmu,a 252.264.3901 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality February 6, 2023 DWR # 20191113 V2 Dare County County of Dare Attn: Robert Outten Post Office Box 1000 Manteo, North Carolina 27954 Subject: Approval of Individual 401 Water Quality Certification Rodanthe Harbor Bulkhead Project Dear Mr. Outten: Attached hereto is a copy of Certification No. 5627 issued to Robert Outten and the County of Dare, dated February 6, 2023. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of this Water Quality Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this Certification and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)]. This Water Quality Certification does not relieve the permittee of the responsibility to obtain all other required Federal, State, or Local approvals before proceeding with the project, including those required by, but not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and Trout Buffer regulations. This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize any person to interfere with the riparian rights, littoral rights, or water use rights of any other person and does not create any prescriptive right or any right of priority regarding any usage of water. This Water Quality Certification shall not be interposed as a defense in any action respecting the determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed by virtue of this Water Quality Certification to possess any prescriptive or other right of priority with respect to any other consumptive user. Upon the presentation of proper credentials, the Division may inspect the property. This Water Quality Certification shall expire on the same day as the expiration date of the corresponding Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the expiration date of this Water Quality Certification. D_E Q Noah Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury street 1 1617 Mail Service Center I Raleigh, Noah Carolina 27699-1617 919.707.9000 OgaMrnlq[mYemmltl w.an Rodanthe Harbor Bulkhead Project DWR# 20191113 V2 Individual Certification #WQCO05627 Page 2 of 11 Non-compliance with or violation of the conditions herein set forth may result in revocation of this Water Quality Certification for the project and may also result in criminal and/or civil penalties. If you are unable to comply with any of the conditions of this Water Quality Certification you must notify the Washington Regional Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee becomes aware of the circumstances. The permittee shall report to the Washington Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. This approval and its conditions are final and binding unless contested [G.S. 143-215.5]. Please be aware that impacting waters without first applying for and securing the issuance of a 401 Water Quality Certification violates Title 15A of the North Carolina Administrative Code (NCAC) 2H .0500. Title 15A NCAC 2H .0500 requires certifications pursuant to Section 401 of the Clean Water Act whenever construction or operation of facilities will result in a discharge into navigable waters, including wetlands, as described in 33 Code of Federal Regulations (CFR) Part 323. It also states any person desiring issuance of the State certification or coverage under a general certification required by Section 401 of the Federal Water Pollution Control Act shall file with the Director of the North Carolina Division of Water Quality. Pursuant to G.S. 143-215.6A, these violations and any future violations are subject to a civil penalty assessment of up to a maximum of $25,000.00 per day for each violation. This Certification can be contested as provided in Chapter 150E of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150E of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements forfiling a Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000. A party filing a Petition must serve a copy of the Petition on: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 If the party filing the Petition is not the permittee, then the party must also serve the recipient of the Certification in accordance with N.C.G.S 15013-23(a). North Carolina Department ofEnviromnental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 Rodanthe Harbor Bulkhead Project DWR# 20191113 V2 Individual Certification #WQC005627 Page 3 of 11 This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Please contact Robert Tankard at 252-948-3921 or robert.tankard@ncdenr.eov if you have any questions or concerns. Sincerely, ROW Tiu." Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operation Section Division of Water Resources, NCDEQ Washington Regional Office Electronic cc: Clifton Barrineau, Coastal Science & Engineering, Patrick@coastalscience.com Josh Pelletier, iosh.r.pelletier@uscoe.armv.mil Gregg Bodnar, Gregg.bodnar@ncdenr.eov Yvonne Carver, Yvonne.carver@ncdenr.eov Laserfiche DEQ�� North Carolina Departmen(of Enviraninental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail service Center I Raleigh, North Carolina 27699-1617 o iau e..i..u— /1" 919.707.9000 Rodanthe Harbor Bulkhead Project DWR# 20191113 V2 Individual Certification #WQC005627 Page 4 of 11 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION CERTIFICATION #5627is 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 Robert Outten and the County of Dare, who have authorization for the impacts listed below, as described within your application received by the N.C. Division of Water Resources (Division) on November 16, 2022. The State of North Carolina certifies that this activity will comply with water quality requirements and the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in accordance with the application, the supporting documentation, and conditions hereinafter set forth. The following impacts are hereby approved. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b)] Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Stream S1 0 (linear feet) 0 (linear feet) 404/401 Wetlands W 1 - FILL 0.01 (acres) 0 (acres) Open Waters 01 0.01 (acres) 0 (acres) This approval requires you to follow the conditions listed in the certification below. CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]: 1. The permittee shall report to the DWR Washington Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200], including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. Citation: 15A NCAC 021-1.0506(b); 15A NCAC 02H .0507(c) Justification: Timely reporting of non-compliance is important in identifying and minimizing detrimental impacts to water quality and avoiding impacts due to water pollution that precludes any best use on a short-term or long-term basis, North Carolina Department of Environmental Quality I Division of Water Resources 512 North Sali$btuy Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.70T9000 Rodanthe Harbor Bulkhead Project DWRfi 20191113 V2 Individual Certification #WQC005627 Page 5 of 11 2. No waste, spoil, solids, orfill of any kind shall occur in wetlands orwaters beyond the footprint of the approved impacts (including temporary impacts). Citation: 15A NCAC 02H .0506; 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 3. All activities shall be in compliance with any applicable State Regulated Riparian Buffer Rules in Chapter 2B of Title 15A in the North Carolina Administrative Code. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: The referenced Riparian Buffer rules were adopted to address water quality impairments and further protect existing uses. 4. When applicable, all construction activities shall be performed and maintained in full compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973). Regardless of applicability of the Sediment and Pollution Control Act, all projects shall incorporate appropriate Best Management Practices for the control of sediment and erosion so that no violations of state water quality standards, statutes, or rules occur. Design, installation, operation, and maintenance of all sediment and erosion control measures shall be equal to or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual, or for linear transportation projects, the North Caroline Department of Transportation Sediment and Erosion Control Manual. All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including contractor -owned or leased borrow pits associated with the project. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. 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. Citation: 15A NCAC 021-1.0506(b); 15A NCAC 02H .0507(c); 15A NCACO2B .0200; 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Nonh Carolina Depanmentof Environmental Qnaliry I Division of Water Resources 512 Nonh Salisba5-Street 1 1617 Mail Service Center I Raleigh, Noah Carolina 27699-1617 919.707.9000 Rodanthe Harbor Bulkhead Project DWR# 20191113 V2 Individual Certification #WQC005627 Page 6 of 11 Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 5. Sediment and erosion control measures shall not be installed in wetland or waters except within the footprint of temporary or permanent impacts otherwise authorized by this Certification. If placed within authorized impact areas, then placement of such measures shall not be conducted in a manner that results in dis-equilibrium of any wetlands, streambeds, or streambanks. Any silt fence installed within wetlands shall be removed from wetlands and the natural grade restored within two (2) months of the date that DEMLR or locally delegated program has released the specific area within the project to ensure wetland standards are maintained upon completion of the project. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses, and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 6. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along streambanks or within wetlands. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses (including aquatic life propagation and biological integrity), and the water quality to protect such uses, are protected. Protections are necessary to ensure any remaining surface waters or wetlands, and any surface waters or wetlands downstream, continue to support existing uses D_EQ� NorthCarolinaDepartmentofEnviromnentelQuality IDivision ofWater Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699d617 1Of1101f^'' o919.707.9000 .w*.•� a mxa.�..w o W M� Rodanthe Harbor Bulkhead Project DWR# 20191113 V2 Individual Certification #WQC005627 Page 7 of 11 during and after project completion. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. If the project is covered by NPDES Construction Stormwater Permit Number NCGO10000 or NPDES Construction Stormwater Permit Number NCG250000, full compliance with permit conditions including the erosion & sedimentation control plan, inspections and maintenance, self -monitoring, record keeping and reporting requirements is required. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H ,0507(c); 15A NCAC 02B .0200,,15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 8. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal, State and Local regulations. Fertilizer application shall be accomplished in a manner that minimizes the risk of contact between the fertilizer and surface waters. Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200;15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 9. If concrete is used during construction, then all necessary measures shall be taken to prevent direct contact between uncured or curing concrete and waters of the state. Water that inadvertently contacts uncured concrete shall not be discharged to waters of the state. North Carolina Department of Environmental Quality I Division of Water Resoruces 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, Noah Carolina 27699-1617 919.707.9000 Rodanthe Harbor Bulkhead Project DWR# 20191113 V2 Individual Certification #WQC005627 Page 8 of 11 Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 10. Any rip -rap used for stream or shoreline stabilization shall be of a size and density to prevent movement by wave, current action, or stream flows, and shall consist of clean rock or masonry material free of debris or toxic pollutants. Rip -rap shall not be installed in the streambed except in specific areas required for velocity control and to ensure structural integrity of bank stabilization measures. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0201 Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 11. Rip -rap groins proposed in accordance with 15A NCAC 07H .1401 INC Division of Coastal Management General Permit for construction of Wooden and Rip -rap Groins in Estuarine and Public Trust Waters) shall meet all the specific conditions for design and construction specified in 15A NCAC 07H .1405. Citation: 15A NCAC 02H .0507(c), 15A NCAC 07H .1400 et seq. Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 12. All mechanized equipment operated near surface waters shall be inspected and maintained regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic materials. Construction shall be staged in order to minimize the exposure of equipment to surface waters to the maximum extent practicable. Fueling, lubrication, and general equipment maintenance shall be performed in a manner to prevent, to the maximum extent practicable, contamination of surface waters by fuels and oils. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231 D E Q North Carolina Department of Environmental Quality I Division ofNater Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 "'�,c^'""yrmW� 919,707.9000 Rodanthe Harbor Bulkhead Project DWR# 20191113 V2 Individual Certification #WQC005627 Page 9 of 11 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 13. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to minimize soil disturbance and compaction. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028.0231 Justification: Wetland standards require maintenance or enhancement of existing uses of wetlands such that hydrologic conditions necessary to support natural biological and physical characteristics are protected; populations of wetland flora and fauna are maintained to protect biological integrity of the wetland; and materials orsubstances are not present in amounts that may cause adverse impact on existing wetland uses. 14. In accordance with 143-215.85(b), the permittee shall report any petroleum spill of 25 gallons or more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less than 25 gallons that cannot be cleaned up within 24 hours. Citation: 15A NCAC 02H .0507(c); N. C. G.S 143-215.85(b) Justification: Person(s) owning or having control over oil or othersubstances upon notice of discharge must immediately notify the Department or any of its agents or employees, of the nature, location, and time of the discharge and of the measures which are being taken or are proposed to be taken to contain and remove the discharge. This action is required in order to contain or divert the substances to prevent entry into the surface waters. Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 15. The permittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal Law. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. The Division must evaluate if the North Carolina Department of Environmental Quality IDivision ofWaterResomces 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 Rodanthe Harbor Bulkhead Project DWR# 20191113 V2 Individual Certification #WQC005627 Page 10 of 11 activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 16. If activities must occur during periods of high biological activity (e.g. 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) shall be implemented. Exceptions to this condition require written approval by the resource agency responsible for the given moratorium. Work within a designated trout watershed of North Carolina (as identified by the Wilmington District of the US Army Corps of Engineers), or identified state or federal endangered orthreatened species habitat, shall be coordinated with the appropriate WRC, USFWS, NMFS, and/or DMF personnel. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCAC 048.0125 Justification: In order to protect against impairment of water quality standards and best usage of receiving and downstream waters, water quality based management practices must be employed to protect against direct or indirect discharge of waste or other sources ofwater pollution. Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity, wildlife, secondary contact recreation, agriculture), and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 17. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this certification in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this Water Quality Certification. A copy of this Water Quality Certification shall be available at the project site during the construction and maintenance of this project. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c) Justification: Those actually performing the work should be aware of the requirements of this 401 Water Quality Certification to minimize water quality impacts. North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919,707.9000 Rodanthe Harbor Bulkhead Project DWR# 20191113 V2 Individual Certification #WQCO05627 Page 11 of 11 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 CAMA Permit. The conditions in effect on the date of issuance shall remain in effect for the life of the project, regardless of the expiration date of this Certification. [15A NCAC 02H .0507(c)] This, the 61h day of February 2023 Row Tlca." Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operation Section Division of Water Resources, NCDEQ Washington Regional Office D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbtuy Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 RECEIVED �f y 1M t om•) P�± tTy y I 1 I > i 1 bs Existing PI mNWL �' ! +fir • w J +— Pamllco $oond y �' @LJCftMA aGUT:SiQW FsderAl NAvlg �_. rlof Caastal WN� d Fringe -� APPGCART.• Dare County 954 Marshdl Colins Dr. Manleo, NC27954 2004 A04 Wetlands Line Referenced from 2005 Stormweler Permh drawngs (no Imbeds Impale DRAWING TITLE' Project Site Existing Conditions RmnaW, Elms goat ifu2y Pa+nl • RodaMb e t Emergency Forty Dock t. F• PROJECT • SCALE: ASSH n SHEETk. Rodanthe Harbor DATER.11Hm 11 Bulkhead Project DPAYJNaY:T.F* 02 PROJECTIi 2557 Pioperb Llno , , ',, , '\ Exiwxvd �� li j'i Parking �yyf�,: Myrna Peters Rd ,� InlJlratbn I Beem N3 I t 4Fl t (ormer) 1 ail :�bl ,t 1 ,ai. t ii• 1n51n 1, , Basin 92 j a t YA i, i; r . Parking i I .X. A4404 We tls Llne 'r J @eferenmd D2D05 I'g SlprtrvP t P ma drawings - (no impadsl sad) {{{{ r iF. ANN s j HBl pad Iy 0 100 Scale (Feet) Photo: 19 Aug 2022 1F1a6'jj1O1W I l wd Vi (Ic )to(Y)al, I��Ip)19)11ii ,('jIidi(o)[Il' NED APPLIaOT.• DRAWINGTITL Dare County Project Map 954 Marshal Collins Dr. Proposed bulkhead Manteo, NC27954 & Riprap placement PROJEC/' SCALE: AS SHOWN SHEET R. RodaniheHarbor Project DATE: Rer++Hw2on 3 3 0 DRAM BY.7.Har Bulkhead PROJECTM 2567 0 60 Scale (Feet) PhOto: 119 Aug 2022 .Myrna peters Rd' �\ I i I � I � I � i li ExIgUng arW Pk efking i 1 ' I IN,INI(11iiis 'illlltl8uiili(c;1�3)1iilMli0 /,A,AIll) pjlliiiiii(11)1i11 CONSTRUCTION ENGINEERING SERVICES, INC. Ast P.O. Box 665, Manteo, NC 27954 (252) 473.9733 FAX (252) 473.4191 Job kr,rA,, Fir. 1 . LyJlr l,._.. E IFT OF ( C6 O-ATLDDY 11 VAIL Y i. GIECFEDBY_ SCALE _ ----- W-G- MIN. A —v 2N& P.T. CAP BOARD, ATTACH WITH A' SCREWS f0.4 CCA) 2k6 P.T. FACE BOARD � 6Y& P.T. CONT, TIMBER. WALE W TH 6/4' DIA GAL V. TIE 5J8' DIA. GALY. BOLT ROD16LONG w/(2)8'WASHERS EE5'-4"c-c (25 CCA)(TYP.)— ft& P.r. DEADMAN 6• LONG AT EA T.E ROD (0.6CCA) 50-425 OR FYFRI.AST 4.1 SERIES VINYL59tET NOTE! ALL TIMBER TO BE PRESSURE PI. ING 14 LONG — TREATED IN ACCORDANCE WITH AWPA "El FOR WATER ExPOSURE AND UC4B FOR SPLASH 70NE ALL HARDWARE TO BE NOT DIPPED GALVANIZED 1CA pri 04ti.Fkg Slo•��y ;ix y :7 a SEAL r - #AY TYPICAL SECTION OF BULKHEAD �� GOQ�J�f.L, scat: Ale•=1'-0•• d+ /II kP`` DRAWING TITLE: Typical Bulkhead Section ollins Dr.954 E :1 PROJECT. SME: AS SHOWN SHEET# Rodanthe Harbor Bulkhead Project DATE: RerosoN:o:: 04 DRAWN BY,H.G. PROJECTR 2161 i""' i vE: i 1 4 6W' P.T. CONT. I--) C I V 1 TIMDFR WAIF WIfh GA:.V. 00Li rf (2) 3' WASHERS (2.5 CCJ B' DIA P.T. FACE PLES 217 LONG 0V I cc (2.5 CCA) RECEIVED OCT 2 5 2022 IF riprap placement Existing Condition - Placement may vary depending on site � / August 2022 I conditions at the time of construction. I 1..0'NAV9 'Y�-1.0'NAV0 APP[ICANC DRAWING TITLE. Dare County Typical Riprap Section 954 Marshall Collins Dr. Manteo, NC 27954 PRQ/ECT. Rodanihe Harbor SrC 1S -MGWN SHEET A. DATE' w.ssaimn Bulkhead Project D"'""W`T"" 05 PHOJEC10 l56I ROY COOPER Governor ELIZABETH S. BISER Secretary RIC14ARD E. ROGERS, JR. Director DWR Project No: Applicant: Project Name: NORTH CAROLINA Environmental Quality 401 Water Quality Certification Issued Date: County: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the DWR Central Office— Wetlands and Buffer Permitting Unit, NC DWR, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Agent's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: If this project was designed by a Certified Professional I, . as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permitee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Q Nonh Carolina Depwmentof Environmental Quality I Dmsionof Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.70'L9000 aw..m uww�<,vio.� MEMORANDUM To: Gregg Bodnar From: Michael Christenbury, Wilmington District Planner Subject: Major Permit Application, County of Dare — Bulkhead and Riprap Revetment Date: March 14, 2023 This project appears to be consistent with the Dare County Land Use Plan. The applicant proposes bulkhead replacement and riprap revetment at the Rodanthe Harbor emergency ferry terminal adjacent to Blackmar Gut in Dare County. I have reviewed this proposal for consistency with the Dare County Land Use Plan and offer the following comments. The general area of the project is classified as S-1 (Special). The Areas of Environmental Concern (AEC's) affected by the proposal are CW, CS, EW and PTA. Waters at the site are classified as SA/HQW and are not open to shell fishing. The area is not a Primary Nursery Area (PNA). In general, the Dare County Land Use Plan allows certain types of development in Special (S-1) classified AECs, which is consistent with the State's minimum use standards. I have reviewed this project with the Dare County Land Use Plan and have determined that this project appears consistent with the Dare County Land Use Plan. Cc: File Regulatory Division SAW-2023-00619 Mr. Jonathan Howell Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Howell: 1-'N A NAR <3 Reference the application of Dare County to replace 320 linear feet of bulkhead in the current alignment, with 750 square feet of associated backfill and construct a 25' x 6' rip rap revetment at the bulkhead return, in Blackmar Gut, adjacent to the Pamlico Sound, at 23170 Myrna Peters Road, in Rodanthe, Dare County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: L All work authorized by this permit must be performed in strict compliance with the attached plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 2. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal, relocation, or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit N CS261, 1315 E West HWY- RM 7316, Silver Spring, MD 20910- 3282 at least two weeks prior to beginning work and upon completion of work. 3. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 4. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 5. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 6. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 7. The permittee shall advise the Corps in writing at least two weeks prior to beginning the work authorized by this permit and again upon completion of the work authorized by this permit. S. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 9. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter I I3A Article 4). 10. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. E"Z7- C, 7rJ MAH 11. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. 12. In order to protect the endangered West Indian manatee (Trichechus manatus) the Permittee shall implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at https://www.fws.gov/media/2017-manatee- guidelines-north-Carolina Questions or comments may be addressed to Mr. Josh Pelletier, Washington Field Office, Regulatory Division, telephone (910) 251-4605. Sincerely, th Pi�i&" Pelletier Regulatory Project Manager Copies Furnished: Ms. Stephanie Goss North Carolina Division of Water Quality 1617 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 Mrs. Twyla Cheatwood National Marine Fisheries Service Habitat Conservation Service 101 Pivers Island Road Beaufort, North Carolina 28516 Mr. Jeffrey Garnett Wetlands and Marine Regulatory Section Water Protection Division -Region IV U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 FL c^;° � IV' E asl^ I MAP 791 Weychert, Curtis R From: Sent: To: Subject: Weychert, Curtis R Friday, January 27, 2023 11:44 AM patrick@coastalscience.com Major Permit Applications: Rodanthe Harbor (Dare County) Mr. Barrineau, Please accept this email as formal correspondence that the above mentioned project will be extended to an additional 75-day review period while we await comments. If you have any additional questions or requests please feel free to reach out. Regards, Curt Weychert Curtis Weychert DCM Assistant Major Permit Coordinator North Carolina Division of Coastal Management North Carolina Department of Environmental Quality 252-515-5413 C urt. Wevchert(@ncden r. qoy Find a Field Rep (arcgis.com) D Q:5 400 Commerce Avenue Morehead City, NC 28557 http://i)ortal.nodenr.org/web/cm/dcm-home E-mail correspondence to and from thus address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. Bodnar, Gregg From: Bodnar, Gregg Sent: Monday, March 27, 2023 8:02 AM To: Noah Gillam; Pelletier, Josh R CIV CESAW CESAD (US); Padrick, Lee; DCR - Environmental_Review; Whitfield, Clif; Harrison, James A; Harris, David B; Jenkins, _ -Shannon, G_up_ton, Sharon;_ Haines, And_rew,_Mose_r,_Mik_e; Hilliard, Wanda; Montalvo, Sheri A; Dumpor, Samir; Thorpe, Roger; Stewart, Glenn A; Dunn, Maria T.; Butler, Rodney A Subject: RE: CAMA MAJOR MODIFCATION TO MP#91-19 - DARE COUNTY - RODANTHE HARBOR Attachments: 91-19 Dare County Rodanthe BAA bulkhead.pdf Morning all, Please see above for the modification for 91-19 to Dare County. Gregg Gregg Bodnar (he/him/his) Major Permits Coordinator Division of Coastal Management North Carolina Department of Environmental Quality (252) 515-5416 (NEW OFFICE NUMBER) Greaa.Bodnar@ncdenr.eov Find a Field Rep (arcgis.com) Or r: NORTH CAROLINAD E Department of Environmental Quality Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Godfrey, Ella M <EIIa.Godfrey@ncdenr.gov> Sent: Wednesday, November 16, 2022 9:22 AM To: Noah Gillam <noah.gillam@darenc.com>; Owens, Charlan <charlan.owens@ncdenr.gov>; Pelletier, Josh R CIV CESAW CESAD (US) <Josh.R. Pelletier@ usace.army.mil>; Padrick, Lee <Ipadrick@commerce.nc.gov>; DCR - Environmental —Review <Environmental.Review@ncdcr.gov>; Whitfield, Clif<clif.whitfield@ncdenr.gov>; Harrison, James A <James.Harrison@ncdenr.gov>; Harris, David B <david harris@ncdot.gov>; Jenkins, Shannon <shannon.jenkins@ncdenr.gov>; Gupton, Sharon <sharon.gupton@ncdenr.gov>; Haines, Andrew <andrew.haines@ncdenr.gov>; Moser, Mike <mike.moser@doa.nc.gov>; Hilliard, Wanda <wanda.hilliard@doa.nc.gov>; Montalvo, Sheri A <sheri.montalvo@ncdenr.gov>; Dumpor, Samir <samir.dumpor@ncdenr.gov>; Thorpe, Roger <roger.thorpe@ncdenr.gov>; Stewart, Glenn A <Glenn.Stewart@ncdenr.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org>; Butler, Rodney A <Rodney.Butler@ncdcr.gov> Subject: CAMA MAJOR MODIFCATION TO MP#91-19 - DARE COUNTY - RODANTHE HARBOR Good morning, Please accept this correspondence as the official distribution of a CAMA APPLICATION for the above referenced proposal. In the above attachments you will find the standard forms and comment sheet. As before, the comment sheet will provide the requested comment due date, DCM contact information, etc. This distribution email has a return receipt notification. Please accept the request, as we use that to log receipt of the application. Ella M. Godfrey Administrative Assistant North Carolina Department of Environmental Quality (252) 264-3901, Ext. 231 e I la.eodfrevla ncd e n r.eov 401 S. Griffin Street, Suite 300 Elizabeth City, NC 27909 NORTH CAROLJNAD_ E Q�> Department of Environmental Duality Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties.