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191-05 Town of North Topsail Beach
�o-o-sa:aaaraaaarom:aoaaao-aaaa¢ao.rysaaaato-aa�t.: _::a�aaoo-dpt :: o-wsaa{.aaa,:_..s:.,+aoo;warocr':ao-aco-o-o-oo-o-o-a¢o-o-::<r:�ao-aaao-o-..:..; ...:-:arrSFotaaaa:, vt�o-c-x�saa�otao-o-<:::.o- Permit Class ', t _ Permit Nuii,ber NEW 191-05 'f STATE Or NOW] tI CAROLJ14A Department of Environmeni and Natural Resources and Coastal Resources Commission for COPY- • Major Development in an Area of Environmental Concern , Z005 pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NC4 113-229 A City E)CM Issued to Town of North Topsail Beach,2008 Loggerhead Court, North Topsail Beach, NC 28460 Authorizing development in Onslow County at Atlantic Ocean & ocean beach,within limits of Town of North Topsail Beach , as requested in the permittee's application dated 10/20/05, incl. attached drawings 1-44 of 44 all dated 10/7/05 &attached AEC Hazard Notice dated 12/5/05 . This permit, issued on December 5,2005 , 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. Dune Rehabilitation Activities 1) Prior to the initiation of any dune rehabilitation activities, easements or similar legal instruments allowing work to be carried out on individual property owners shall be obtained from all affected property owners. 2) This.permit authorizes emergency dune rehabilitation activities to be carried out one (1) time along the entire reach of the requested project areas. Any request to carry out additional activities within an area where dune rehabilitation activities have been completed under this authorization shall require a modification of this permit. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission. date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit must be accessible on-site to Department v personnel when the project is inspected for compliance. 09arles S. Jones, Director An maintenance work or project modification not covered Division of Coastal Management Y P J hereunder requires further Division approval. This permit and its conditions are hereby accepted. All work must cease when the permit expires on December 31,2008 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Signature of Permittee Management Program. 'i'::-04i�e4WP40iVY�49fQ }4titr3{'44C449{.448�}4-0-0iW4 4}p.y4.pry 444?48444�65-0644Ftrfi96-0fi46?4}�4}�(t l; . Town of North Topsail Beach ' ' Permit#191-05 Page 2 of 3 ADDITIONAL CONDITIONS 3) Only beach quality sand shall be used for dune rehabilitation purposes. Prior approval from the Division of Coastal Management sball be required for any material that is to be brought in from off-site borrow areas. 4) All material deposited on the beach shall have a minimum sand content of 90%. 5) In order to protect threatened and endangered species and to minimize adverse impacts to intertidal and beach resources, no dune rehabilitation activities shall occur from April 1 through November 15 of any year without prior approval from the North Carolina Division of Coastal Management in consultation with the U.S. Army Corps of Engineers and the NC Wildlife Resources Commission. 6) All material used in dune reconstruction shall be clean and free of pollutants and highly erodible finer material, except in trace quantities. 7) No beach bulldozing or sand stockpiling activities shall be conducted below the existing mean low water elevation contour. 8) The movement of material by beach bulldozing shall not exceed one foot in depth as measured from the pre-activity surface elevation. 9) During and after construction, a uniform gradual slope shall be maintained between the mean high water and mean low water elevation contours so as not to endanger the public or interfere with the public's use of the beach. 10) Any dunes created by the authorized project shall be stabilized with appropriate vegetation as soon as possible after project completion. 11) Should the work result in any damage to existing beach access areas, the accesses shall be restored to pre-project conditions immediately upon project completion in that specific area. 12) Disturbance of existing dunes shall be kept to a minimum. Any alteration of existing dunes shall be coordinated with the Division of Coastal Management as well as the pertinent property owner. All disturbed areas shall be restored and revegetated immediately following project completion in that specific area. 13) All work shall be accomplished in such a manner that damage to existing vegetation is minimized. 14) Any proposal involving sand fence installation shall be submitted to the Division of Coastal Management for approval to insure that such installation does not impede public access or emergency vehicles and does not endanger nesting sea turtles. Any derelict sand fencing shall be removed from the beach prior to the initiation of any dune rehabilitation activities. �A}o-o-+ +o-o-4ato4traaah awJtr7a�irfa4atratraotrifsa4watrrxtafro-aaaaaaaa:afctrao-o-o-o-t?44acaJa-0ae4Cs4+lat-o-ao-ao-o-otaaao-o-ao-o-4i-5tro-ao->>taai�o-o-saaao-o-o-coao4ao-ao-:4fii:-:s. Town of North Topsail Leach Permit#191-OS Page 3 of 3 � ADDITIONAL CONDITIONS ti Endangered Species Protection 15) Immediately after completion of beach nourishment activities, monitoring shall be conducted to determine if escarpments are present that would affect nesting sea turtles or public access. If such escarpments are present, the permitee shall coordinate with the Division of Coastal Management to determine if remedial actions are necessary. Cultural Resources Protection 16) The project site is located in an area having a high probability of containing cultural resources, such as shipwreck remains. If such materials are encountered, the permittee shall immediately stop work and notify the b:strict Engineer, Wilmington Branch, U.S. Army Corps of Engineers at (910) 251-4629, and the N.C. Div;..Ron of Coastal Management at(910) 796-7215. General 17) The permittee and/or his contractor shall schedule a pre-construction conference with a Division of Coastal Management representative prior to the initiation of any permitted activities. 18) The permittee and/or his contractor shall provide for proper storage and handling of all oils, chemicals, etc., necessary to carry out the project. 19) This permit does not authorize any permanent or long-term interference with the public's right of access and/or usage of all State lands and waters. 20) This permit does not eliminate the need to obtain any additional ktate, federal or local permits, approvals or authorizations that may be required, including any required for any off-site borrow areas. NOTE: The mn-nittee should make every effort possible to minimize any negative impacts of trucks and construction equipment on roadway and pedestrian traffic. The permittee should also ensure that the ability of individuals to access and enjoy the beach is not impeded outside of the construction limits. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action ID No. 2005600087. NOTE: The N.C. Division of Water Quality has assigned the proposed project DWQ Project No. 051996, NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary December 6, 2005 Town of North Topsail Beach 2008 Loggerhead Court North Topsail Beach,NC 28460 Dear Sir or Madam: The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. Please sign both the original (buff- colored form) and the Xerox stamped "Copy". Return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. Please retain the original (buff-colored form),as it must be available on site when the project is inspected for compliance. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A- 121.1 or 113-229.Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit within twenty(20)days,the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance require additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it is to your benefit to be sure that he fully understands all permit requirements. From time to time,Department personnel will visit the project site.To facilitate this review,we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Sincerely, PPA;& V, �.A-� Douglas V.Huggett Major Permits and Consistency Manager Enclosure 400 Commerce Avenue, Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: North Topsail Beach 2. LOCATION OF PROJECT SITE: The project site is the entire beach strand from the Surf City Town Limits north to the New River Inlet, adjacent to the Atlantic Ocean, in North Topsail Beach, Onslow County. Photo Index-2000: 28-380 through 28-390 1995: 28-366 through 28-378 1989: 167-1 through 167-19 State Plane Coordinates-X: 2,474,6000 Y: 273,000 GPS File: N/A 3. INVESTIGATION TYPE: CAMA/Dredge and Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit— 10-20-05 Was Applicant Present—Yes 5. PROCESSING PROCEDURE: Application Received—Complete on 10-14-05 Office—Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan—North Topsail Beach Classification From LUP—Developed (B) AEC(s)Involved: OH (C) Water Dependent: No (D) Intended Use: Public (E) Wastewater Treatment: Existing—N/A Planned -N/A (F) Type of Structures: Existing —N/A Planned—Repair the dune system along the entire beach. (G) Estimated Annual Rate of Erosion: Ranges from 2' —3.5' /year Source— 1998 LTAASCR 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A)Vegetated Wetlands (B)Non-Vegetated Wetlands-open water (C)Other(Ocean Beach) 11.6 miles (Disturbed) (D) Total Area Disturbed: Approximately 63 acres (E) Primary Nursery Area: N/A (F) Water Classification: SB Open: N/A 8. PROJECT SUMMARY: The applicant is proposing to repair the dune system that was damaged during Hurricane Ophelia. 127 Cardinal Drive Ext.,Wilmington, North Carolina 28405-3845 Phone: 910-796-72151 FAX: 910-350-20041 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer-50%Recycled 110%Post Consumer Paper North Topsail Beach Page Two 9. PROJECT DESCRIPTION: The Town of North Topsail Beach is located on the northern end of Topsail Island in Onslow county. The project location is the entire beach strand from the Surf City Town Limits north to the New River Inlet, adjacent to the Atlantic Ocean, in North Topsail Beach, Onslow County. North Topsail Beach received severe erosion to the dune system during Hurricane Ophelia. The Town lost approximately 20' —70' of their protective dunes and there are 12 breaches in the dune system. At minimum the Town lost the waterward '/2 of the dunes. There is an average erosion escarpment of 13' along the remaining dune system. The existing vegetation on the remaining dunes consists mostly of American Beachgrass (Ammophilia breviligulata), Seaoats (Uniola paniculata), and Bitter panicum (Panicum amarulum). The North Topsail Beach Land Use Plan classifies the upland areas of this project as Developed. The waters of the project site are classified as SB by the NC Division of Water Quality. The NC Division of Marine Fisheries has NOT designated this area of the Atlantic Ocean as a Primary Nursery Area, and the waters adjacent to the proposed project are closed to the harvesting of shellfish. PROPOSED PROJECT: The Town of North Topsail Beach is proposing to rebuild dunes in the areas where breaches have occurred by trucking in beach compatible sand at an average rate of 12 cubic yards per linear foot and also sifting 2,100 cubic feet of sand in storage that was removed from the roadways after Ophelia. They are also proposing to bulldoze sand from mean low water(MLW) landward to the existing erosion escarpments to repair the dune system to its original profile. They propose to restore the dunes to heights ranging from 12' to 15' from the existing level of the dry sand beach with a 2:1 slope. 10. ANTICIPATED IMPACTS The proposed project will impact approximately 63 acres of the dry sand beach and the inter-tidal zone. Of this area the dry sand beach is approximately 11.6 miles long and, of the date of this report, averages approximately 20' in width, or approximately 28 acres. The remainder of the 63-acre project area is within the inter-tidal zone. The push will result in the relocation of approximately 128,900 cubic yards of sand from the unvegetated beach to the dune system. Submitted by: J. W. Giles Date: October 21, 2005 Office: Wilmington 127 Cardinal Drive Ext.,Wilmington,North Carolina 28405-3845 Phone: 910-796-72151 FAX: 910-350-20041 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper o�Op00000YV Recommendations for State Permit-Town of North Topsail Beach OCT 2 7 2005 I have no objections to the proposed project, subject to the following conditions: w. AM " r (1)The area in which the bulldozing activity is being performed must maintain a slope of adequate grade so as not to endanger the public or the public's use of the beach. (2)The movement of material by a bulldozer, front-end loader,backhoe, scraper or any type of earthmoving or construction equipment shall not exceed 1 foot in depth measured from the pre-activity elevation.. (3)Movement of material from seaward of mean low water is not authorized. (4)No work shall occur within the period of May 1 through November 15 of any year in order to minimize adverse impacts to nesting sea turtles. Coordination with local Turtle Program officials shall ensure that no sea turtle nesting sites are within the project area. (5)The activity must not significantly increase erosion on neighboring properties and must not have a significant adverse effect on important natural or cultural resources. (6)Adding to dunes shall be accomplished in such a manner that the damage to existing vegetation is minimized. The fill areas will be immediately replanted or temporarily stabilized until planting can be successfully completed. (7)If one contiguous acre or more of oceanfront property is to be excavated or filled, an erosion and sedimentation control plan must be filed with the Division of Land Resources,Land Quality Section. (8)The applicant shall complete a successful Section 7 consultation,with the U.S. Army Corps of Engineers and the U.S. Fish and Wildlife Service prior to the commencement of any work. 127 Cardinal Drive Ext.,Wilmington,North Carolina 28405-3845 Phone: 91 0-796-721 5 1 FAX: 910-350-20041 Internet: www.necoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper Form DCM-MP-1 ' ! RECEIVED DCM WILMINGTON, NC APPLICATION OCT 1 4 2005 (To be completed by all applicants) b. City, odfr a,)��AC�I 1. APPLICANT c. Street address or secondary road nurrAer a. Landowner: Name IdwJ ACW �' d. Is proposed work within city Iimits or planning jurisdiction? �_ Yes No Add -1 �,S�C-s,�,'f r��A� ��1— e, Name of body of water nearest project e.g. river, City. d State creek, sound, bay) 144)7-I(f KA) Zip o2g� U Day Phone Fax q'(b- 3a 6 - 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT b. Authorized Agent: Name Z-Z)'P'Pt)1,J&a &j0�A))fE a. List all development activities you propose (e.g. / I //JJ building a home, motel, marina, bulkhead,pier, and G1008 �6Qe—e .4/ 4�0(_� ezcav ion and/or filling ivi ies Address l�.v / ✓� I , Q City State /1/� —; �' '`�IJCT �i2 S►�/ 0,) vrE !l�_ ,�Z�' - l35� 7�AcJLr�[� E�9cN ot{P�4Ti GE cSA�A Zip o28�100 Day Phone b. Is the proposed activity mainten ce of aq exis-t. g q t project, new work, or both? tc.l Gc/De�C Fax !/U- �8 " 7s� c. Will the project� �9 for public, private or commercial use? 7"U�LI e, c. Project name (if any) d. Give a brief description of purpose, use, methods of construction and daily operations of proposed N07£: Per»ct wW be iss"ed in name oflmidowner(s), andlor project. If more sp a is n eded, please attach additional p es. project name. LI 2. LOCATION OF PROPOSED PROJECT tL�AT a. County Revised 03195 RECEIVED DCM WILMINGTON, NC OCT 14 2005 Form DCM-MP-1 m. Descri,n existing wastewater treatment facilities. 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract M�f n., Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary b. Size of individual lot(s) wastewater, industrial/commercial effl ent, "wash down" and residential discharges.) c. Approximate elevation of tract above MHW or NWL S" Ff.E-r" d. Soil type and tezture(s) of tract o. Describ existin drinking water supply source. ,t�10 ,c�a.J e. Vegetation on tract C f. Man-made features now on tract 5, ADDITIONAL INFORMATION g. What is the CAMA Land Use Plan land In addition to the completed application form, the classification of the site? (Consult the local land use pt=.) following items must be submitted: Conservation Transitional • A copy of the deed (with state application only) or DE Developed Community Rural ether other instrument under which the applicant claims title to the affected properties. If the applicant is not h. How is the ct zoned by local vernment? claiming to be the owner of said property, then pA�A forward a copy of the deed or other instrument under which the owner claims title, plus written permission i. Is the proposeo project consistent with the applicable from the owner to carry out the project. zoning? Yes No (Attach zoning rn►nplian« certificate, if appl+��) � An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale in black j. Has a professional archaeological ass Fsment been ink on an 8 1/2" by II" white paper. (Refer to done for the tract? Yes No Coastal Resources Commission Rule 7J.0203 for a If yes, by whom? detailed description.) k. Is the project located in a National Registered Please note that original drawings are preferred and Historic District or does it involve a National only high quality copies will be accepted. Blue-line Register listed or eligible property? prints or other larger plats are acceptable only if an Yes No adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of 1. Are there wetlands on the site? Yes )( No Engineers regarding that agency's use of larger Coastal (marsh) Other drawings.) A site or location map is a part of plat If yes, has a delineation been conducted? requirements and it must be sufficiently detailed to (Anach documentation, if available) guide agency personnel unfamiliar with the area to the Revised 03/95 RECEIVED DCM WILMINGTON, NC Form DCM-MP-1 O C T 1 4 2005 site. Include highway or secondary road (SR) numbers, landmarks, and the like. 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND • A Stormwater Certification, if one is necessary. • A list of the names - -:d complete addresses of the I understand that any permit issued in response to this adjacent waterfront (riparian) landowners and application will allow only the development described in signed return receipts es proof that such owners the application. The project will be subject to conditions have received a copy o, .cz application and plats and restrictions contained in the permit. by certified mai!. Sig-h I iclowners must be advised I certify that to the best of my knowledge,the proposed that they have 30 rays in -1-nich to submit comments activity complies with the State of North Carolina's on the proposed I-niect to the Division of Coastal approved Coastal Management Program and will be Management. Upor g ing this form, the applicant conducted in a manner consistent with such program. further certifies On' -c, notice has been prided. Name _ hq /L I certify that I am authorized to grant, and do in fact, Address grant permission to representatives of state and federal Phone review agencies to enter on the aforementioned lands in connection with evaluating information related to this Name permit application and follow-up monitoring of the Address / 7 project. Phone _ �- I further certify that the information provided in this Name U application is truthful to the best of my knowledge. Address Phone This is the /0 day of AC-Z- -,-t9-s2D6 S • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, Print Name— permittee, and issuin dates. L g� Signature r or,4uthorized Agent • A check for$250 made payable to the Department of Please indicate attachments pertaining to your proposed Environment, Health, and Natural Resources project. (DEHNR) to cover the costs of processing the DCM MP-2 Excavation and Fill Information application. _ DCM MP-3 Upland Development DCM MP4 Structures Information • A signed AEC hazard notice for projects in _ DCM MP-5 Bridges and Culverts oceanfront and inlet areas. _ DCM MP-6 Marina Development • A statement of compliance with the N.C. NOTE. Please sign and date each attachment in the Environmental Policy Ad (N.C.G.S. 113A - 1 to space provided at the bottom of each form. 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. Revised 03/95 RECEIVED Form DCM-MP-2 DCM WILMINGTON, NC OCT 1 4 2005 EXCAVATION AND FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all 1. EXCAVATION other sections of the Joint Application that relate to this proposed project. a. Amount of material to be excavated from below Describe below the purpose of proposed excavation or MHW or NWL in cubic yards /ag. 9ov fill activities. All values to be given in feet. b. Type of material to be excavated cSA,J Q Average naw Eidsting P'41ed c. Does the area to be excavated include coastal Length Width Depth Depth wetlands (marsh), submerged aquatic vegetation Access (SAVs) or other wetlands? Yes No channel (MLW) or(NWL) d. Highground excavation in cubic yards Canal 2. DISPOSAL OF EXCAVATED Boat MATERA' basin a. Loc 'on of disposal area ireon7-A L- Boat ramp b. Dimensions of disposal area JE'PqtoJ-- Rock groin c. Do you claim title to disposal area? Yes No Rock If no, attach a letter granting permission from the breakwater owner. d. Will a disposal area be available for future Other maintenance? Yes -X- No (Excluding -7,o.o ✓,V If yes, where? shoreline stabiliution) Revised 03/95 RECEIVED DCM WILMINGTON, NC Form DCM-MP-2 OCT 1 4 2005 e. Does the disposal area include any coastal wetlands If yes, (marsh), SAVs or other wetlands? (1) Amount of mat ial to be placed in the Yes __X_ No water 6',)0 (2) Dimensions of fill area ,§/je 6i, 35"" f. Does the disposal include any area in the water? Yes No (3) Purpose of fill Jr' dy4'�- b. Will fill material be placed in coastal wetlands 3. SHORELINE STABII.IZATION (marsh), SAVs or o er wetlands? Yes No If yes, a. Type of shoreline stabilization (1) Dimensions of fill area Bulkhead Rpprap (2) Purpose of fill b. Length c. Average distance waterward of MHW or NWL 5. GENERAL d. Maximum distance waterward of MHW or NWL a. How will excavated or fill material be 1 ppt�on site e. Shoreline erosion during preceding 12 months and rosion controlled? (JQL)-Q CJA)4 G.AJT" VAAI �r[o,J (Source of information) f. Type of bulkhead or riprap material b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic g. Amount of fill in cubic yards to be placed below dredge)? 1/,06e Lg- water level (1) Riprap 5 (2) Bulkhead backfill c. Will wetlands be cr,ssed in trans,porting equipment h. Type of fill material to project site? Yes _ Z_ No If yes, explain steps that will be taken to lessen environmental impacts. i. Source of fill material 4. OTHER FILL ACTIVITIES Epp. o P"j N (Excluding Shoreline Stabilization) tB �— a. Will fill material be brought to site? 1) Yes __, _ No Date Revised 03/95 POSE +O pUIIQOZ� -�a ('�Iou� c� CGA n Ar �F vF � n roAA e I dun 5 9, 5 hoL'i b LI DCM WILMINGI`ON, NC OCT 1 4 2005 I U 1 i 1 Town/North Topsail Beach U / of .0 October 7, 2005 Scale 1" = 10' ` : . . DCM E WILMI f..VED OCT 1 4 2005 - \ .0 g . U �19 Town/North Topsail Beach , oft October 7, 2005 `opc,' . io p�IQOZ2 iD fe-6,, IC, QCG.gI�IJRra . ((�� NN\F O-P 'riDf\�AI aunt/ �5 Sho'J b`j ' — ;� PrcE-n- be.l o IJ � � I 10 � wGT sra - l5 RECEIVED DCM WILMINGTON, NC O C T 1 4 2005 Town/North Topsail Beach 03 of —� October 7, 2005 Scale 1" = 10' RECEIVED DCM nniNr,-rnnl NC t t • 1 ? M 05 - e . PI : 6906,. ..� •� YE'" ':'E£•'SW'::'•.•..� �. ' '.�..�'-�''-`-•''•�: '��-•'.-�: '•tL-508. '•.: '.tiG'E(iB.. .• �+r? . "gt sm. . 900: `J W. 'S •-_ � , :� :';.:� v-.• �•.. .. .. .���,;'��' ,�- �':te-tau•:• MISM -J L6S08. ': soe .1'• iatrspe '.xirvivdj'• ' di'3.T :: ::..• :r ..' ".: :. .' LtJOB'r.. S6t... . Swt gap . •�. d? 3 ".:. Got 90B`V L049 ' 1 . got 'Mi oe �. B Z it 0 �sL t •.. tit Bw 47 ToiynNorth Topsail Beach U of 44 October 7, 2005 ` 0 buildoz� -�a i'�lou 1 occ�an�,)Rr �t'onAR I dune (� 5 5 ho�.J (� RECEIVED 3� Li DCM WILMINGTON, NC OCT 14 2005 ry ��/ �u►,v , a - 1+.\ -- 4 Town/North Topsail Beach o..-'of 44 October 7, 2005 Scale P = 10' .RECEIVED- OCM W,ILMINGTQWNC :. 69 4 9DB L-90 AV k . y . 91 .:' � •(�: C �.LE-LOB:' �. .- �'�� W L '• •s '' /• ' . :V�. <<6Z eo9 :.' (tea•'. � '' .�\.� L ''.S' � �•''�-9pp� .'• .'.• 09L _� •-BL•LOB •'• - _L � 9rL � .�'' :'• 1'9L•90B. Q'1�. G L T '199. .Ste} - -. •�B-E :LB-LOB. .�L'9 • :-k•. '.. Zl . OM 90B'.J' L. 1 .•; '. '-t'L9 LOB. Lj: .'. Y kLOB : -_•';�' .. - �. as L-L e}' ,a' 0:•6• ' - sz eaa .ii-ene '�. '9s•sae•••.. . 90B' •LYE a� .CT`:�� .. � . El-90B . .L E E 7. L'_JOB• Town/North Topsail Beach of October 7. 2005 1 � 1 L-OSL c ue ` 0 bulldoze JO fe-6 ; I cl oce.,aniJRrc1 RECEIVED f 0 OIP -C ro(,AA 1 aLj_ncv pJ s ACM WILMINGTON, NC — �'os5 �'- +ckccl Prca'f-r be-lDL'j OCT X 4 2005 IWO Zu a : I s to 1-ioBeie',4 Town/North Topsail Beach Ac� yof Al October 7, 2005 Scale 1" = 10' Town/North Topsail Beach $ of y</ October 7, 2005 RECEIVED DCM WILMINGTON, NC 0 C T 14 2005 . 763 1,A.mm . 784-1 / 781 1 •750A,•12,. .-• 75DM 27 75DA•11 : 764 .. .- •75tlPr•1 ,750J421• ", 750A-25 ••. , 76UA-3 . '75504A . •750A=1 ' :.... -: 4 . . 8 808-35.3 - �08-.1'• 808-1:1 . . BO&31 i 7 ::. o�bse_ ` 0 bul1aoz.e- io ce-6Lu1 � c� Occ�ntJArcl � . �1F vP �ron-�A I dune P� s s ko t-j b �j rush c Nca'& be-1DL.) RECEIVED DCM WILMINGTON, NC OCT 14 2005 Oce Town/North Topsail Beach O 'of Aq— October 7, 2005 Scale 1" = 10' RECEIVED DCM WILMINGTON, NC \. \. QCT � 4 2005 763-15 U9 69 • .' •� . . meal'. '. . ' � ..'".� m9 56 80S . ' rn 7C 9. '. 9L. 7 .. .••in 1 763.1.2 750A- ze' s• 2 a Town/North Topsail Beach •' JO of IN October 7, 2005 >4bS� +d .6►. M OZP jo C'��ou► , c� CGA 1\l J A r ! d 5 5 hoLj to uj R ECEIVEa ' nss �►�+c�cc� P�-c be�! c,J DCM WILMINGTON, NC OCT 1 4 2005 � ( DO y Oce /IleNr le �0 l b 1�� Town/North Topsail Beach =�'of October 7, 2005 Scale 1" = 10' �A �t , 1Vlf 4 P. !.8 8t2 166'. 12-1 2:1 2- 8 .•' 2; 72 1 1 • _t 4 •SEI. � •'et al 12-5 76i22• 12-.1 12.1 1Z I ".GR` 12-I �. 121 12.1 121 !21 12-1 i.'•: 12-1 17 812 16T 12 87074'- 89 B1072:' :: 121. 1 872-2D '• .'•rc.'' - •t'81' � .8t � iD• • :�.�' .1ZY � t •t' 1Z ba436' 810. 81 1 81D 7 9 121 2-1 BtOA•4 .1 OA-.Q1D:5 '. '840.' St' ..l3,,' 87. 12-1 '' .812+43. 12- . •• . . 870M] '. '. 81 .. B7� .•• .91• Bt 12-1 Z '• 12- . .. : 810Mt� .. ". 81 � � �' '810. : 2-1• 2� 12 • •�� . OA• '•870• 8i � ' • .,�84 � � 810. � � 12 - 1 - 1�' '• �� 810A-1 81 s� 12 .�t2� ' • Y �•�� B! � '.• to-. �i•'.. :,g � �1 �1z 1a 10 z Y43 _ o-z t 81 B 1 t0.1 i01 to 4': •810.8. 8! OA- . oa• • 1a9: 10-1 991:1 8$9:91. 61'' 80"1.8 \\ 1 809-HJ. �1 1809-2 .: . 9t. •809.1_ �9=4 7� Town/North Topsail Beach of �M-�//�� f October 7, 20.05 ��bSC +0 .60WOZe- Jz) (' 'out JCj OCGA111.)Rra 41,' c 1� CIF - "ro(,A A I d un e 5 5 ho `j RECEIVED 0 sS ckc C1 N-c'e-er 'b e_I D C'J DCM WILMINGTON, NC It OCT 14 2005 L) a : I s to peg L ncJ - ,�1C Oct r-N rc- r Town/North Topsail Beach of 44 October 7, 2005 Scale 1" = 10' 811 . 811 B11 811- O </8.11_. all 811 811- 811 811- 811. 811 •81 811/ 7G 81:1= 811' 11_t1' _ 811- 811- V .811- 11= . 811 811- $11_ .r�. .8T13 1'1-2 811 811- 7. 8t1- 11- 11-1C 811 .811 811 5 a� 811 11- 41 i 811 BT1. 7 8T1- 1,-1�1 811-1 811 811- 1- 1-13. .. .811 811' "911 811 �.: 12'1 12-1 12.1 y81� .7j? 8121 '':::.'. ':`.;" •• 7 812-8 . 12.7 .87 2= 12_j 12-1 Y 812' 812 ;2- 12-2 12-1 z 2 12-1 12-� . 72-1 812 , 2- 12-2,2: 12-1 12.1 812- 12 12 6 8 12-1 121 � '81288 12. 12_ ^^: : �/,i �#tE^•►:V.���(,.../.l,.'. .'. •': 12 12 121 121 1 ,oi BA2 12 1�7: ..:•: V ,Y11I 1VJI,IV. O .r.'�IV` .:".:':'...':c' : 12' 2-f 2-1. 12-t 9 812 812 2 2-71241 O�J' 9T2-128. 812 12-�. :. •; :. ::.:.. ' 12-� 121 4 612,13 R. .. 2 1 2T t2 12--, a. 12A 2 12- 1 12-1 • 12 - 12+•1 2 - - 1 .12- - • 12= . . .12- To op sail To sail Beach ; / of q October 7, 2005 +0 6u���o �a C'��ou► � c� OCG.af�tJA�'� dune s s koL') b k-1 RECEIVED 'a Ss �,�+c�c c� Prc�e� b e�l o c.•_7 � DCM WILMINGTON, NC OCT 1 4 2005 i � l>J�T Sid U V Oce^ a, Town/North Topsail Beach of October 7, 2005 Scale 1" = 10' 13803. \ '3801 3767 \ 3770 \ 37593767 \ \ 0 3760 N 3752 3744 3733 ` 13727r \ \. \\\ \ 3782. \3718\37¢3 \\ \\\\`\ \ 3776 3772 20, 578420 \ 200" \ 3760 if \ -- 667 `.., \\ �\\\ \ \ \ \ '5748 3756 3 3752 Ja' 5 �.. ,\ \ �- \\\\�.\ `'8744 3659 \ \ S74 3644 3655 •s r\ \\ 3730`37fl4\ \ \s \i 3726 3616 3886 \ RECEIVED \ \ \ \3670 f-�\ ' `''�- DCM WIL,MINGTON, N 3858 \ ` db \ \ \ t4WtIrU 4 I� 585 ~3822 3632\\ \ (a p F A t s., V 75 t {08gy 3812 t 38\0 8A \\ z�, ua`�~F yc a tl�'�`¢ r;fr`AlrgraaakA €°�„r'��'�rkrt.�,•1,"¢�ar�g�>�y„c'vq-s M 1�, iga€::yru -§rwzMilo a i -. d4 Ft 574 \ \ V4, p,� ?�'vl' v'•.p_`ta F.t3 ' �� v ra as 4 ,,�a n 1h 'cr'tr '" '` `#' 1a ti 3554 60 .�N�° 3 30 ^&�4p5 rra Sim k rs"a� r'F t .Kert1 1 S�SFt a jt a lbw a'y A "1 y 7 tyt � i _a} p".!y"� _.. � ✓ bkt. ,Ei 'r4��� 1 Si �}� ,�_ � Fl 'h.44 V. r !r•x d.,, � �, r�i rl r �a } +4 �4J t' 4 F ! �, ,� -,�` r; v•rtl y ry.ks'� i sr ;tr, '} } S,> ry`y h: a y t>�i pk 7 j. u raah + }r tr F $;y� �sq•a r R 4 r��ta �.y q,���t`rsx� �1 �> 'raL� a s �r i �. ,0.X{jh 1 t Town/North T ` � opsail Beach �4�; �� �•, n H J Y,ii .Y Ns �/Yf/�1J_ o f l� ��t �W. October 7, 2005 rv1 ro 7' ab 8+ y a5�rn'S3fi MOR A rtit NEW ,,.t." u 4rk} tl�� s ti. s�`Sk,64+• �''�'rf t y;t a s�� a� 5 •r.?�'��'�F k�.p�'sv'vF tl2.k .fed� i 'de��'�r+��,�.�t r�,;{!.r.,.>f'i��rf+.r� :'%ir''�4d�, t•:a �:r�'.i.2:�7�.�i�4i�'Y.�w,..>i. �.�, ,,,»°i; ?,.r, .�raxf..�ri�'�tl"�x1��i�'x'L:}it?',�.qs.=;fiu"v-��t�..r. t ��bS� �b �u��0 OZ£ -�a ��`ou► � c� � CGS n t�A�`� � till O� Fton�A I du-nv PJ 5 5 hokJ 10 L RECEIVrD' �c.J DCM WILMINGTON, NC a ss �,►�+c�� �� b e�l OCT 14 2005 100 �- l5 Town/North Topsail Beach 7 of October 7, 2005 Scale 1" = 10' RECEIVED DCM WILMINGTON, NC \\ OCT 1 4 2005 ..\ � 4021 j , r 4021 � 4030 40024004 4000` 3990 3976 3964 3966 .'� 3962 - \ 3889 t 3960 3956 3952 3938 3944 3940 - \ \ \ \ 3936. 3930'. �e \� F 3920 ys 3918 ` 39W .✓' 3892 3874 ,O6 >f \ 38M 3954 3862 \. 3858 3� 38 ,' Town/North Topsail Beach of 979 ,\ October 7, 2005 '208 \ � J rs° � -�-o bulldO� RECEIVED �a r�bu, I d O cGA Ar DCM WILMINGTON, NC 1 C�� Ft-on�A I d.uncv P� s 5 ho b OCT X 4 20b5 y(� ►s' ' ��T Sid au� a : I S to p� l�ncJ -1t ,��c q� CS - Town/North Topsail Beach 17 ' of October 7, 2005 Scale 1" = 10' A, RECE VED DCM WILMING ON, NC OCT 14 20 28, 4294 �\ \\ 4290 `43M. \ 4284 - 4288 4274 4270 4298 4286 42644278 IN 4276 4254 4266_. \ 4244 4258 4234 4230 4248 '`•,. 4224 `• 4238 ,) r'f \\ \ \ , •'`",'\ `142 1Q28 236 \ `•4128 t \ ` •\ \'. - 4204 4218 4190 4196 - 42164208 4188 4176 4170 4184.. ' 4150 4182; r 4159 4152 ,416 \ y. 4>5a t' 4110 4128 \ �� 4110 4110 4122 41104110 4110 tt \ .•.! :. `r •,,r+• Town/North Topsail Beach October 7, 2005 - f+- ,oulldoz.� RECEIVED o �n t'e-lout 1 c� c �.)Ar� DCM MMINGTON, NC c�U-nv 5 5 hC) b Ll OCT 14 2605 �d IV vV.- pe--, 4MfrD 1� Town/North Topsail Beach X of October 7, 2005 Scale 1" = 10' t D WILMINGTON, NC f T\�1 4 7005 1-4 \ 208 `\ !i \ 129t',125 J`. 149 137 141 \ \\ 145 J �`\ J r r 185 \ r' \134' 138 142 \ \\\ 848\ x� 146 \ \ ,50 \ \ £ 154 638 640 i ti\ .168 V. 431 \`41�\ 416\ WTI \%�\�4 0 % Town/North Topsail Beach of 0 C0 \4424 October 7, 2005 44 ,.\ \, ;r4 43 Aea \�4359''\ 'f 43 1 ,. �,s.,:rk:4+,v�,�,....�1.ri:�� mti.,u...,..a^u.�..<ri(d,✓�. �.....�,.. JV.,,..v,'" .,..�., -1b bulldoze -�a (E-`ouk IC Ccc,^N�JPRrC� RECEIVED '. DCM WILMINdTON, NC dune ow b ul OCT 14 2005 r a Ss I,►��c�c d Prc'n� b e�� �c.J Y �6- '+. Onci A�4f4-�c - 1i , M Av .,A Town/North Topsail Beach_ Of October 7, 2005 Scale P = 10' RECEIVED , NC 46 42 S .43 44 45 OCT 14 05 40 .. 39 38 56 37 57 56 36 59 60 35 61 r 34 2 33 3 32 4 31 5 30 6 4 28 29 7 8 25 22 \ 23 `,24 9 10 21 M .. -t E 12 11 1 17 13 810 820 20 19 18 1!i—.1fi._. 14 814 8 i , \ 790 790 \ X .741 fS � 705 �f 707t', a. 205 204—) \ \ \\ 752 r ., 82� 708 ✓ .` � 700 y 806 � \ .�) ..' 894 -�. 801 888 W��.,,� 882a / 670 BSB 638 \630\, 624 GiB r' 4 0 s5 Town/North P h Topsail Beach t \ � of \� Oefdber 7, 2005 � f 19 DCM WILMINGTON, NC OCT 14 2005 31 \ i �C \ \ \\\ \ 205 204 \ \ \ 1 \\\` \r \ \ \ \ \ 1203>\ 6261, \808511`` 20&264 21 I 17 557 :v+ Al n \ 830 624 \ \ \!26 \ r t \ 810 22 \ \ 18 y.\ 14 ti 18 `\ 645 f 550 8 \j8 \ \ 4 520 628 \ \ \514 439 E \ 421 �\ 848 397\405\411 393' 442�8 \ r !ter \ \\ \ \\436 \ \ \418`\ \ \ r,r d \`\394 \388 ,ram JF ` _ ! V Town/North Topsail Beach a�of October 7, 2005 i r-4 1L.vUI...i.ilfw7.a WCw.3.:.�r.i�.�.... ... .. ..,...s.' _.. .. ....... ��OSC �b �u���OZ� �D ���ou► c� CG.AN►JAr'G1 . �� RECEIVtrp Gvun v P� 5 5 ho,,J b ► DCM WILMINGTON, NC ass ck-cC1 Prce-Pr be,� oL'i - OCT 14 2005 �ce- aAo Town/North Topsail Beach alp ofLit I October 7, 2005 Scale 1" = 10' RECEIVED DCM WILMINGTON, NC NO O C T 14 2005 l \� 48 46 47 at F 4$ 41 2 S 43 d4 50 51 C 52 yp. w; 40 1 f � 3B N5655 \ 54 94837 57 g40944 ✓'33g' y i 59 58 \ 3311_ 60 892 j �r 327 1 `87 ` \, I8881 �\� 1 i ,.. f ll II 339 34 323 33 2 3 3203M,- - 4 124 \ 10 2a 8g21 11 I ,2 �888 12 752 \ Town/North Topsail Beach a7 of q`( �708 October 7, 2005 700• �Pcs�-- TO .ou, c -�� ���ou► , c� CGA )Ar�l RLCEIVED � o-F ro4R I aunt/ hoI-j b ul DCM WIL•MNGTON, NC tos OCT 14 2005 �� �isrl"'b ► � �� L�nc� a, cc) 3S-a ,,:J�s6oez LA.K � sib Town/North Topsail Beach of 4 October 7, 2005 Scale 1" = 10' RECEIVED DCM WILMINGTON, NC ' O C T 1 4 2005 1 p.:�gma i p r� 3 P t I !i i 1156 1214 r .•�. 12041208 1 . 1 _ 1191 119 198' j i r 1184. 1188 1176 =1 115 1 1129 1138 1 1120, 1081108� 1108 1116 1112 \ ' logo 1104 107B 1 I f laso 10701074 I 1o56 1050 1 1048 1042 i \ �481, . '3393451 1�4o',. �331 Town/North Topsail Beach ' q 327 34& ,r a9 of 323 331-4, ' _ October 7 2005 RECEIVED 10 �Oulld oz� �a t'�b u, c ,n U)A r c1 DCM WILM)NGTON, NC O-FDR�A c�Unv 5 5 ho�J b OCT 14 9005- � ' 1✓xi 5�',� , � f� fib! Bey cA �► � Town/North Topsail Beach of October 7, 2005 Scale 1" = 10' RECEIVE nCM WILM N, NC CT 14 200.5. ... Wx- i 14 - I - 1401 1337 1409 1415 1313' 1329 1321 „✓'` 1311 3840 1309` 4� 13051307' 19 1329 `1303 1301 1321 277 2421 - `�""�....e..-•--'� f� �y� 1350 28 26 1313 271 213 1307 1311 211 217 1309 et 209 219 1305 2711350 \ 207 221 '. \ \ r. ` 4303 \ \\ \ Q257 204 1301 1313 1256 1283\ \ 13091311 1251 1259'•, \ \ 1307 \�1236, '1247 � \ 1305 1301-1303 \ 1,- \ } 1239 \ \ 1256 1236 1246 't✓'� 1 \'C" �' `\ 1232 1242, 1262 \ \ 12261222 ` 1214 � ` `\ 1208 1218 \1194 9204 \ n 119b 1198 \ Y/ Town/North Topsail Beach „39 31—of L f October 7, 2005 D RECEIVED °. DCM WILM&TON, NC dune s 5 ho�..� b . _ � OCT 1 4 2005 n ss �r C�<c1 PrCLpr b eJ D c,3 - y(� Sid Zu ric-i J - L- ,ab, � - P� P lb � 3S' 5�5 Town/North Topsail Beach j, of LALA October 7, 2005 Scale 1" = 10' RECEIVED DCM I I ILMINGTON, NC CT 14 2005 13 7 f' J \509 1 �510,�'� � ',603 � �j �\ 508 �•'* 702 700 \ �. 1661 16`.,.,.. 704 702 -` 308 >\602• . 75 1669 F iy 706 J 1661 3 .�..708 701 1655 a 710` 703 305 302 'y {c 709�i 707^ 301 1605 loll �.� 100 1576 101 �t'1 �� '` {•\15591� 1 1 r•C 1 s• 14 j 13�Z 1 7 8,'' ✓ 314 1 1409 1416` 37 41aa4 ?\y 3840 Town/North Topsail Beach 1917 of \ 1928\'\\ October 7, 2005 271 19!. 1r .. 237 \ 1901 23s, R +C i v E D tea; V �2 D , 1 r., M W1LIVIING r - UI327 n�314 `�� } 1901 1901 1901 r, ,. 318 83Ps�rRy }. , OCT 1 4 20 320,E 3 1,`,1979 \, r .. 1956 1951 IQif6 L,L 1901 } 1941 f 4931 \ '926 01� } r r. i B15 2 19or. {' 1609 Ise 1 f n 1677 G� 1859RL 18fi5 849 y t r t .1843 7 7 � itj rr .1941 r- 7' 1901 1 1 741785 ;l a 1 f 1779 r 1779 i 13 1743. `•.^•1753 5T. 1774 j •\ 17 1747`-. 176874 h 1737 1768' ,% J 1758 .i' r ti, 1750 t73T431748'1753',, � 1876\ r 659' y Jam. To n/North Topsail Beach of 4 f: October 7, 2005 1" s,.J RECEIVED +0 �Uu 0ze -� DCM WILMINGTON, NC -Pro AA I aLLnv ho('J b OCT 1-4 2005, o Ss �►�+c�c c� fin^ b e—t D('j -�u r,cJ a : I S to Pe' Li ncJ �t�•�-�C. LED o) Town/North Topsail Beach _j5-of October 7, 2005 Scale I" = 10' ... \ j-. I 1901 RECEIVED \ , I \ 32 i l DCM WILMIN 7 r� 1901 ,99, i OCT 1 4 2005 31B -fir �� 30�� 3xo'3 731W 3h7 . 319�31 '�\\T988 195519 f986\1971901 3 y,1' 1951 1145"1935 \ y\ i 1` 1941 �L` 1 �.... 5 \ 1901) 192 �'" 1901 1 1909 \ 1 887 `if •,1 y'�"`1�970 yr \ ��` �kl.iJ I � (:`y.�\` ti1 Jew 18491841 1 _ 1833 1901 1 Y 'la - 1 7'19 \ , 1783 41 j784' J.� '• '175r, 73 1743., 1753,. 1774+. 1747i 74' �> 173T ;' 788,788 ` v '1769, '17W 174317481753, - G \ 1737 1875'• 1emmo' > .s' Town/North Topsail Beach of 44 October 7, 2005 RECEIVED io bulldoze �a r�bu� , d c ��Ar�( DCM WILMINGTON, NC v-F A I dune 5 5 ho�J b OCT 14 2005 ' 0 Zu n<� a : I 6 la peg O`_ 3� 8�a Town/North Topsail Beach of October 7, 2005 Scale 1" = 10' arl RECEIVED DCM WILMINC-TON,', NC 0 C T 1 '4 2005 \: Y t \ 7 4xu i�ylal� ,.•" I7t 5,t r 20v, OB3 \ " ' ,2071_ �,, go ` 216 - { y 219 214 All 2t7_ 21 212 221j 214ZO✓ 211 '. \ '1 {A57118Yr t87 21a ✓ �207•` ` 146 149, fi189� 22 3 203 !\\\ ; 202 �77 201 i77: 20I- 2271,\ \ 2083\ t.MtT,, i21 \ `4 \ 'ti 2071%\y \f�� 2264 \���\\\\ f 180 r' 2264 208 104\+ \2057 2059..\ \`•\ ! s� 11 \,\ +j, zp54�', 2181` r r f _ G22Tei l \2055, ` 221,0 t\ 7/"/.\ \ \ r �/ r '2058\ 2086 \ Y v f ,2049 \ \ r 2o5s\ �i/2301F \ 102 20 28 129 ' ` \ 72�"224 i' \� P�. .{ \ \ \\ A`2p88 \2070 1 / 2 J\ r\ 28 \ f ayy \/r49 i218'"1 r f \ \8 r t f\ \ \ e<,k r 25 226 r .235rj ij 24 r �22 \ 23 tgr Kiri 4 % /`+2045\ 5P 22 \ .•.!r `.l 30 r t f2t8'.�f21 �5 F I \ r\ \21 ZY4210 \f24Y:c20.1' 20 303 212... 208 C o� \19 t" 34 \\ \' • �!" 33 9305 203: i' 1r \�.. r 35 \ 1991` 200f r< 33078j �w \ ` 37 \ \ r. 3 1987 38 •.\ , .39 Town/North Topsail psail Beach of `-� October 7, 2005 4 I � Tb ,oul�doz.� D C�`ou� � � o cc�,n�JA•- RECEIVED DC M WILMINGTON, NC Tr'orAA I dune P� 5 5 hog ) b L OCT 1 4 2065 �(�✓W�� l>,l�T Sid ' L.:ncJ � to p� Ocf^ `fib�► ���Ac� -+PIA► �2 1 Town/North Topsail Beach of October 7, 2005 Scale 1" = 10' RECEIVED DCM WILMINGTON, NC OCT 14 2005 ! ,3960 ' \ r \1948 \ +�,\ � \ 3838 \ 38 9347a 08723 { V 920928l r 3 91 �926 2389 2� f qqq\ �39 ,� 906` yaSBS 02 BUB 234 8904 4\" 2385\\\\ / 23 2320 2521 93 63990 381! 2 2386 9 228 \ k R3 2381 r � `. ,2373 0 '2369 2377 2382 ' r' r 226 221 2 7 2378 214 � �� / 0 2 2 2505 2369 76 226 2 2 2 2370 2 2 7 2 2 158 2 2 206 33 18 20 2384 221 21 t*a�u 15 18 2 214 2 204 �3 5662 11 4 15 2 210 22 203 202 2 338 1 202 200 3 8 µ �I 11 11231 1 1' 2 77 201 1 2 0 vk�g• �� a�� `f`,��a� 22 �/� y.j �� fix• ���d� � 064 IN rl MPT 2�E� w, p[dS� yf�° ��t` � ✓15GY•i �t �� i�' FF } �Q a; d w34duF�iroi � gY � � { f3s 4 2181 2088 Town/North op `T ` .•, ��l yt sC*.��� , °��� sail Beqc �� `'�of L( h �1.i frq .•�.. �� \p , „ t 1��v�µ X^�7�� October /, 2QQ5 e� f J��Y 1$i ��� ,M- ire g�-'�� WLyA !�•f�F�+ 1G 7 f �, t av s GS'�1 , 5Y F t '� is 1a�f Fppppp �� '! �. Y �,� Cti �� � v � 3 nx ai 1� f} $�� ,�y fl�3Fy�"J�'&t# s�'( �.. �ln'"• � �.:. "�� '�. � ��:�d n'g�,� i it"`Vk"W �.k.� ,, C,j~� � V� ➢�y :�td 1 rc�,u., �!&���w i 4 �� ,� Z � a ��. i. of :�•4.'i r ', �f qu K n��� r1 n y �y�. tF s , r{ - �5 , 7 Z RECEIVED CM WILWNGTON. NC �FMf e f z r _ . f Town/North Topsail Beach of October 7, 2005 k l r, R ECE IV i4� M rr y A 5 A yy ,A,k.q r •��� cx3 f�:� a t 112 S �3 Y� Town North Topsail Beach + �� � :. � "ova" "to3of �� October 7, 2005 n ry � r �s,.�.�«nxo..�..,�. I VD TON, NC ti t a es { �U� � f � 3 � gEVi t N'' 4 a CA IN p 6a�+" Town/North Topsail Beach ' Of 1-1 LL T' October 7, 2005 —a==- Y, RECEIVED DCM WILMIN TON, NC kCICT 1 4 2005 ANN 7 �� E h �s �X It 15 ,.� ty� �f �4 yy£ . s 4 a � g Town/North Topsail Beach4 of October 7, 2005 OEM MEMORANDUM To: Doug Huggett From: Mike Christenbury, District Planner Subject: Consistency Determination, Surf City(fender County) and North Topsail Beach(Onslow County) Date: December 5, 2005 Description: Beach Bulldozing Location: Oceanfront in Surf City and North Topsail Beach I have reviewed the proposals for consistency with the Towns of Surf City and North Topsail Beach Land Use Plans and offer the following comments. In general, Surf City and North Topsail Beach allows development in Conservation classified AECs which is consistent with the State's minimum use standards. The Town of Surf City Land Use Plan and the Town of North Topsail Beach Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these policies appear to be applicable to this project. Provided all local, state and federal requirements can be met,these projects appear to be consistent with the Town of North Topsail Beach Land Use Plan Update. 20054 0/05/MON 10: 15 AM TOWN N TOPSAIL BEACH FAX No, 910 328 4508 P, 002 AEC HAZARD NOTICE Project Is In An: Ocean Erodible Area High Hazard Flood Area Inlet Hazard Area Date Lot Was Platted: SPECIAL NOTE: This hazard notice is required for This notice is intended to make you,the applicant,aware development in areas subject to sudden and massive storms and erosion.Permits issued for developmentin this of the special risks and conditions associated with development in this area, which is subject to natural area expire on December 31 of the third year following the hazards such as storms,erosion and currents.The rules of Year in which the permit was issued.Shortly before work the Coastal Resources Commission require that you begins on the project site, the Local Permit Officer will receive an AEC Hazard Notice and acknowledge that determine the vegetation line and setback distance at your notice in writing before a permit for development can be site.if thepropertyhas seenlittle change and theproposed development can still meet the setback requirement,the issued. LPO will inform you that youmay begin work.Itis impor- The Commission's rules on building standards,oceanfront tart that you check with the LPO before the permit expires .etbacks.anddwae.al texatiozLate_designedtomunm3ize,biif---. or-of ficial ap-xoy_al to conbzue_the_workaftez lie pormit not eliminate, property loss from hazards. By granting has expired. Generally,if foundation pilings have been permits, the Coastal Resources Commission does not placed and substantial progress is continuing, permit guarantee the safety of the development and assumes no renewal may not be necessary.If substantial progress has liability fox`fiituie damage to t11e iievelopm it: not been'made,the permit must be-te'het-ed and a new accepted b the Coastal setback line established.It is unlawful to continue work The best available information,as acre P Y after permit expiration without this approval. Resources Commission, indicates that the annual ocean erosion rate for the area where your property is located is feet per year. For more information,contact: The rate was established by careful analysis of aerial photographs of the coastline taken over the past 50 years. Studies also indicate that the shoreline could move as much as feet landward in a major storm. Local Permit Officer The floodwaters in a major storm arepredicted to be about feet deep in this area. _ Preferred oceanfront protection measures are beach Address nourishment and relocation of threatened structures. Hard erosion .control structures such as bulkheads, seawalls,revetments, groins,jetties and breakwaters are Locality prohibited.Temporary devices,including sand bags,may be allowed under certain conditions. This structure shall be relocated or dismantled within two Phone years of becoming imminently threatened. The applicant must acknowledge this information and requirements by signing this notice in the below space. Without the proper signature,the application will not be complete, pplicant's Sig,natt r Date R11 r�! , DEC — 5 2005 Morehead City D�.;`\ Revised 11193 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Town of North Topsail Beach County: Onslow LOCATION OF PROJECT: Entire beach strand from the Surf City Town Limits north to the Ne Inlet, adjacent to the Atlantic Ocean in North Topsail Beach, Onslow County. �u DATE APPLICATION RECEIVED COMPLETE BY FIELD: 10-14-05 � FIELD RECOMMENDATION: Attached: YES To Be Forwarded:No 0 C T 2 6 2005 CONSISTENCY DETERMINATION: Attached:No To Be Forwarded:Yes Aorehead City Chem FIELD REPRESENTATIVE: Giles DISTRICT OFFICE: Wilmington DISTRICT MANAGER REVIEW: /O-ay—OS- Ii-� B) DATE APPLICATION RECEIVED IN RALEIGH: Q/z�/as FEE REC'D:$ Y75 6f) PUBLIC NOTICE REC'D: 1(j/7-2 OS END OF NOTICE DATE: jr� '/y'z ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: APPLICATION ASSIGNED TO: 14,11 ON: /a/;-KI-0-s C) 75 DAY DEADLINE: tZ12 .01 o,-!) 150 DAY DEADLINE: MAIL OUT DATE: STATE DUE DATE: FEDERAL DUE DATE: FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE CONWENTS OBJECTIONS: NOTES RETURNED YES NO Coastal Management-Regional Representative Coastal Management-LUP Consistency Division of Community Assistance Land Quality Section //o j ✓ S�� n""�' �" „� Division of Water Quality I7`of Storm Water Management(DWQ) I y 1-1/0 f State Property Office 1 J/? p) Division of Archives&History (( 7 O 5- Division of Environmental Health Division of Highways d S l LZ Wildlife Resources Commission Division.of Water Resources Division of Marine Fisheries tlgl o Submerged Lands(DMF) DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O.BOX 1890 .......:._:. .. WILMINGTON,NORTH CAROLINA28402-1890 IN REPLY REFER TO December 20, 2005 Regulatory Division Action ID No. 200600087 and State Permit No. 191-05 Town of North Topsail Beach 2008 Loggerhead Court North Topsail Beach,North Carolina 28460 Dear Madam or Sir: Reference your application for a Department of the Army permit to perform dune restoration by hauling in beach compatible sand from an upland source and beach bulldozing along the beach strand adjacent to the Atlantic Ocean from northern Surf City Town limits to the New River Inlet,North Topsail Beach, Onslow County, North Carolina. Your proposal has been reviewed and found to be consistent with the provisions and objectives of general permit No. 198000291. Therefore, you may commence construction activity in strict accordance with the attached special conditions and the State authorization and the approved plan (enclosed). Failure to comply with the Federal and State authorization or conditions of the general permit could result in civil and/or administrative penalties. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Questions or comments may be addressed to me at the Wilmington Field Office, Regulatory Division, telephone (910) 251-4930. Sincerely, Henry Wicker, Project Manager Wilmington Regulatory Field Office Enclosure `Copies Furnished (without enclosure): Mr. John Dorney Mr. Pete Benjamin Division of Environmental Management U.S. Fish and Wildlife Service North Carolina Department of Environment Fish and Wildlife Enhancement and Natural Resources Post Office Box 33726 1650 Mail Service Center Raleigh, North Carolina 27636-3726 Raleigh,North Carolina 27699-1650 Mr. Ron Sechler Mr. Ronald J. Mikulak, Chief National Marine Fisheries Service Wetlands Section - Region IV Pivers Island Water Management Division Beaufort,North Carolina 28516 U.S. Environmental Protection Agency 61 Forsyth Street, SW Mr. David Rackley Atlanta, Georgia 30303 NMFS, Habitat Conservation Division 219 Fort Johnson Road Mr. Doug Huggett 7 Charleston, South Carolina 29412-9110 Division of Coastal Management North Carolina Department of Environment Mr. Jim Gregson, District Manager and Natural Resources Wilmington Regional Office 400 Commerce Avenue North Carolina Division of Coastal Morehead City,North Carolina 28557 Management 127 Cardinal Drive Extension Wilmington,North Carolina 28405 2 t Y �ME"T°p r United States Department of the Interior FISH AND WILDLIFE SERVICE RED Raleigh Field Office 19 Z005 Post Office Box 33726 SEC gRCH 3 18 Raleigh,North Carolina 27636-3726 December 15, 2005 QV4°0 ,G CPS-' Mr. Henry Wicker U. S. Army Corps of Engineers Wilmington Regulatory Field Office , P. O. Box 1890 Wilmington, North Carolina 28402-1890 Subject: Action ID #200600087, Town of North Topsail Beach, Onslow County,NC Dear Mr. Wicker: This letter provides the comments of the U. S. Fish and Wildlife Service(Service) on the subject Public Notice (PN), dated November 22, 2005. The applicant, the Town of North Topsail Beach, has applied for a Department of the Army(DA) permit to create a sand dike using truck-hauled sand, sand previously washed inland, and sand bulldozed off both the existing dry and intertidal beach. These comments are submitted in accordance with the Fish and Wildlife Coordination Act (FWCA) (48 Stat. 401, as amended; 16 U.S.C. 661-667d). Comments related to the FWCA are to be used in your determination of compliance with 404(b)(1) guidelines (40 CFR 230) and in your public interest review(33 CFR 320.4) in relation to the protection of fish and wildlife resources. Additional comments are provided regarding the District Engineer's determination of project impacts pursuant to section 7 of the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531-1543). Project Area and Purpose of Action The Town of North Topsail Beach is located on the northern ten miles of Topsail Island, a north- south barrier islands on the Atlantic Ocean. Pilkey et al. (1998, p. 171)note that Topsail Island has a troublesome geologic setting along its entire length. The island is very narrow and flat with no significant area higher than the 500-year flood elevation. Most of the island lies within the 100-year floodplain. Hurricane Hazei which struck the southern North Carolina coast in 1954 generated a storm surge of 9.5 feet on the island which has an average elevation of nine feet (Pilkey et al. 1998,p. 171). A 1987 evaluation by the North Carolina Department of Emergence Management indicated that the island would be largely underwater in a category 1 or 2 hurricane and would be completely submerged in a category 3 hurricane (Pilkey et al. 1998,p. 173). Barnes (1998,pp. 184-187) describes the damage on the island created by Hurricane Fran, a category 3 storm, in September 1996. After the protective dunes were washed away by Hurricane Bertha in July 1996, there was little to slow the ten-foot storm surge. The tide which • 2 swept over the island lifted entire cottages and floated them hundreds of yards into the marsh. Six new inlets were carved across the island. The PN states that the sand barrier was damaged by Hurricane Ophelia in mid-September 2005. Approximately 20 to 70 feet of the barrier was lost and 12 breaches were created. The area lost at least half the waterward portion of the sand dike and there is an escarpment averaging 13 feet along the remaining portion. The PN notes that the stated purpose is for protection against storm events. However, there is no discussion of what resources require protection. Many of the homes in the project area are well elevated on pilings. The PN does not indicate whether any resources are imminently threatened. Proposed Actions As a linear embankment of small rocks (sand) meant to block the movement of water(the Atlantic Ocean), the proposed structure functions as, and is consistent with the definition of, a dike. The natural location of any primary dune line would be landward of the sand dike since global sea level rise produces "island migration", a natural process "by which the islands avoid being drowned by the encroaching sea" (Pilkey et al. 1998, p. 41). Pilkey et al. (2004, p. 43) state that sand piles created by bulldozers on Topsail Island are sand-dike features rather than dunes because they "lack all the characteristics of natural dunes." For example, these piles lack well-sorted and stratified sand that supports the growth of stabilizing dune grasses. It has been suggested that Topsail Island has never had a large, continuous dune system(Pilkey et al. 2004, p. 44), and natural dunes are absent or low and discontinuous between New River Inlet and the Highway 210 Bridge (Pilkey et al. 1998, p. 172, 175). Therefore, the proposed sand placements and bulldozed sand would not produce a dune system in the location dictated by current sea level. Furthermore, the proposed structure would not have the geologic characteristics of natural dunes and does not attempt to replicate the natural habitat features of a barrier island sand dune. The work does not represent dune restoration, but is more accurately a form of dike construction. The applicant seeks to rebuild the sand dike to its pre-storm dimensions. The material would come from three sources. First,material would be truck-hauled from a commercial facility, Riverside Sand, in Wallace,North Carolina. This material would only be placed above the high tide line. The PN states that truck-hauled sand would be placed at a rate of 12 cubic yards (cy) per linear foot. Information in the PN indicates that 11 breaches totaling 370 feet would receive truck-hauled sand. Our calculations find that approximately 4,400 cy(12 X 370) of inland sand would be imported to the site. Second, 2,100 cy of sifted sand which was removed from roadways after Hurricane Ophelia would be used. Sand trucked to the site would presumably be used to fill 11 breaches specified in the PN. Third, 11 areas would employ bulldozing, or employ"pushing," to move sand from the mean low water(MLW) line landward to escarpment areas. Bulldozing is expected to result in the "relocation" of approximately 128,900 cy of material. The PN does not specify a limit to the depth of sand which could be scraped from the beach and pushed landward to form the dike. The project is anticipated to impact a total of 63 acres of beach, 28 acres of dry sand beach and 35 acres of intertidal beach. 3 Issues of Sediment Compatibility While no material is proposed for beach placement, sand placed on the dike can be expected to move onto the beach. Since natural beaches provide important habitat for wildlife resources, the Service is concerned that material directly or indirectly entering barrier island beaches should not alter the major physical characteristics of these habitats. The important physical characteristics include sand grain size, density, shear resistance (a factor in beach hardness), color, heavy mineral content, and moisture content. While the proposed sand dike may not replicate a nature dune, the material in this structure would become part of the natural sand sharing system. The material in a natural dune, or artificial dike, serves as a sand reservoir for the beach. A natural dune represents a"sand bank" and beaches rely on the dynamics of the dunes for sustenance (Pilkey et al. 2004,p. 37). Dunes are a primary source of sand to maintain the beaches. Scarps seen at the toe of a dune after a storm are evidence that waves have distributed sand from the dune to the beach (Pilkey et al. 2004,p. 38). In this regard,material used for the dike should be similar to that of the native beach since it will eventually be incorporated into the beach. Therefore,the physical characteristics of the truck-hauled material must be evaluated for potential impacts for all species occupying the beach waterward of the dike. The PN contains a one-page Laboratory Sieve Analysis from Contractors &Engineers Services, Inc. The analysis contains the result of grain size analysis, designated by a single sample number, of material from Riverside Sand Co. We have also reviewed the supplemental information from Mr. Steve Padgett,Building Inspector for the Town of Surf City,which you provided by e-mail on December 6, 2005. This information describes the handling of material at the Riverside Sand in Chinquapin, near Wallace in Duplin County. First, all topsoil is removed from the area. The sand is then dug and loaded on to trucks and hauled to a conveyor. The sand is loaded on the conveyor where it is run through screens and washed to get the right grain size. It then goes onto a screw where it is sorted more and washed again. It comes out of a chute and is loaded into trucks and hauled to the disposal site. These procedures would appear to yield a fairly uniform product which should be free of organic material. The Service seeks to ensure that sediment placements on potential sea turtle nesting sites, or which may be transported to such sites, have the physical characteristics supporting nest construction and successful incubation. One important characteristic is grain size. The grain size analysis included in the PN shows that 82.2% of the material passed through a#30 sieve (grain size 0.59 mm), 36.6%passed through a#50 sieve (0.30 mm), and 0.3%passed through a #200 sieve (0.075 mm). Much of this material with a grain size in the range of 0.3 to 0.6 mm can be considered as medium sand. Recent work associated with permitting of a beach construction effort for North Topsail Beach has collected data on beach characteristics. The composite grain size from 12 sampling stations was 0.24 mm(Coastal Planning and Engineering, Inc. 2005,p. 22, Table 5.3.1). The truck- hauled sand moving from the proposed dike onto the beaches is likely to introduce coarser material, i.e., sand of larger grain size. 4 The Service has concerns about the color of the upland material proposed for beach construction. Pilkey et al. (2004,p. 113) state that all natural North Carolina open beaches are light brown to yellow-brown when viewed from a distance due to iron oxide in shell fragments. Your e-mail also included two photographs comparing the color of the Riverside sand to sand from Surf City, material likely to be very similar to that of North Topsail Beach. The color of the two sand samples appears similar. Specific concerns related to sediment compatibility for the various fish and wildlife resources in the project area will be presented below. However, the proposed dike is not likely to replicate the natural sediment characteristics of a natural dune. Dune sand is consistently finer grained than that of the adjacent beach due to the facts that dune are built from sand blown landward from the beach and the wind generally picks up the smaller sand grains and leave the larger grains behind(Pilkey et al. 2004,p. 18). If the existing beach consists of sand in the range of 0.24 mm, the natural dune behind the beach would be expected to have smaller-grained sand. Furthermore, the proposed dike would not have consecutive layers of windblown sand which create the unique type of layering or stratification called"wind cross-bedding" (Pilkey et al. 2004,p. 47). Natural dune stratification usually consists of hundreds of very thin, alternating layers of quartz sand, shell fragment sand, heavy mineral sand, and some layer of all three sand types. Issues of Work Scheduling The second major concern of the Service is the scheduling of the work. The IN does not discuss a work schedule. However, an article ("North Topsail Might Get a Little Bit of Duplin County") by Garth McGrath published in the Wilmington StarNews on November 25, 2005, reports that the town hopes to have the material in place before the"heart of winter storm season starts, usually in late January." Scheduling concerns for specific fish and wildlife resources are presented below. Federally Protected Species The Service has reviewed available information on federally-threatened or endangered species known to occur in Onslow County. The species protected by the ESA that are most likely to be affected by the proposed work are the loggerhead sea turtle(Caretta caretta), green sea turtle (Chelonia mydas), Atlantic Coast population of the piping plover(Charadrius melodus), and seabeach amaranth (Amaranthus pumilus). Seabeach amaranth, an annual plant, exists adjacent to inlets, along beaches between dunes and the high tide line, and in areas of extreme overwash. The plant helps to trap sand and build dunes. The species is listed as threatened by both the federal government and the State of North Carolina. While any plants which germinated during 2005 have gone to seed, both the placement of truck-hauled sand and beach bulldozing would be harmful to seabeach amaranth seeds which would germinate in 2006,usually from April to July. The work would bury seeds currently in the area and prevent germination. However, it is likely that the buried seeds would be viable when the sand in the proposed dike flows back to the beaches or the alongshore transport system. While the proposed work may be detrimental in the short-term, it is not likely 5 to have a long-term adverse effect on seabeach amaranth. Piping plovers (Charadrius melodus) of the Atlantic Coast population, designated as federally threatened, are known to occur in the project area. Piping plovers nest above the high tide line on coastal beaches; on sand flats at the ends of sand spits and barrier islands; on gently sloping foredunes; in blowout areas behind primary dunes (overwashes); in sparsely vegetated dunes; and in overwash areas cut into or between dunes. The species requires broad, open, sand flats for feeding, and undisturbed flats with low dunes and sparse dune grasses for nesting. Piping plovers from the federally endangered Great Lakes population as well birds from the threatened populations of the Atlantic Coast and Northern Great Plains overwinter on North Carolina beaches. Piping plovers arrive on their breeding grounds in late March or early April. Following establishment of nesting territories and courtship rituals,the pair forms a depression in the sand generally on the upper beach close to the dunes(or in other shoreline habitats depending on the portion of the range). This is where the female will lay her eggs. By early September both adults and young will have departed for their wintering areas. To avoid adverse impacts to piping plover nesting, work on the beach should not occur between April 1 and August 31. The Service recommends that all beach work should occur outside the recognized piping plover nesting season. The Service has designated critical habitat for wintering populations of the species along the North Carolina coast. The only critical habitat on Topsail Island is at the southern end of the island. Based on our review of the PN, the proposed work would not include designated piping plover critical habitat. The Service believes that sea turtles are ubiquitous nesters along the coast of North Carolina and that nesting habitat is present within the proposed project area. While all five Atlantic sea turtles are protected by the ESA and may occur in the coastal waters of North Carolina, we believe that section 7 can be limited to a consideration of the loggerhead and green sea turtles, both of which are listed as threatened. Sediment placement and bulldozing on the beach may have both direct and indirect impacts on sea turtle reproduction. Such work during the sea turtle nesting and incubation season(May 1 through November 15)may result in the burial or crushing of nests or hatchlings. Reproduction is also diminished through the disruption of nesting activity by heavy equipment working on the beach. Such direct impacts can be avoided by scheduling all beach work during the period from November 16 through April 30. Beach construction can result in long-term, secondary adverse impacts on sea turtle reproduction. Such impacts are associated with the use of material which has physical characteristics which are significantly different from the natural, historic beach. While the truck-hauled sand would be used for a dike, this material can be expected to move down to the dry beach used for sea turtle nesting. Sand is often moved from the upper beach to the lower beach by storm waves, a process that flattens the beach (Pilkey et al. 2004, p. 34). 6 The color and organic content of beach sediments can modify nest temperatures and the nutrient environment,which can result in an altered sex ratio of the sea turtle hatchlings. In addition, sediments that differ from those of the native beach can result in beach compaction which may increase false crawls, increase nest digging time,hinder gas exchange within incubating nests, alter the hydric environment of the nest, and result in broken eggs from clutches deposited in an egg chamber which is too shallow. Overall, the proposed work has the potential to adversely affect piping plover and both loggerhead and green sea turtles. However, several measures can be employed to reduce any adverse impacts to a level which would not be significant. These measures include: 1. Ensuring that all sediment imported to, and placed on, the beach is similar to the historic, native beach in sand grain size, density, shear resistance, heavy mineral content, and moisture content. This conservation measure requires that the assessment of the physical characteristics of the existing beach does not reflect sediment placements of the past, but is an accurate description of the native beach which is essential to normal sea turtle reproduction. 2. Ensuring that the color of the imported material closely matches the color of the historic, native beach. Material to be imported for beach construction should be evaluated by an objective criterion, such as the Munsell Soil Color Chart, and compared with sediment of placement area or a nearby beach which represents the historic beach color; 3. Prohibiting the placement of sediment and beach grading during the piping plover nesting season (April 1 through July 15); 4. Prohibiting the placement of sediment and beach grading during the sea turtle nesting season (May 1 through November 15); and, 5. The applicant should take the necessary measures to ensure that escarpments which may development from the high tide line to the base of the dike do not block access of sea turtles from potential nest sites. As noted, removal of material in the intertidal zone may reduce the width of the beach until a natural equilibrium slope is reestablished. The reduced beach width can allow stronger waves to strike the upper beach and dike. This higher wave energy may produce escarpments. Any such escarpments should be eliminated prior to the start of the sea turtle nesting season, May 1. The inclusion of specific permit conditions addressing these issues would result in a project which is not likely to adverse affect the federally protected species which are likely to occur in the project area. With such permit conditions, the Service would concur with a determination by the District Engineer that the proposed actions are not likely to adversely affect threatened or endangered species under our jurisdiction or their designated critical habitat. The requirements of section 7 of the Endangered Species Act would be fulfilled. However, section 7 would need to be reconsidered if. (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered; (2)this action is subsequently modified in a manner which was not considered in this review; or, (3) a new species is listed or critical habitat determined that may be affected by the identified action. 7 Service Concerns and Recommendations for General Fish and Wildlife Resources In addition to federally protected species,the Service also has concerns about general fish and wildlife resources that may be impacted by the proposed work. These include the potential for harm to beach invertebrates which serve as a major food resource for shorebirds and nearshore fishes. Many species of birds, including migratory shorebirds, occur on or near North Carolina beaches (Pilkey et al. 2004,p. 125). Of the two aspects of the proposed work, the placement of truck-hauled sand in dike breaches (both inland sand and material from prior overwashes) and bulldozing to eliminate scarps, the former is less likely to produce long-term environmental harm. A portion of the material to be truck-hauled from Riverside Sand in Duplin County appears to have a larger grain size that the existing beach material analyzed by CP&E this year. The imported sand certainly appears larger than what might be expected in a natural dune. However,the imported material can still be considered as medium to coarse sand and the limited amount of the placements (estimated at 4,400 cy) as breach fill may reduce any long-term adverse impacts of the placements. The use of a very small amount of sifted sand from an earlier overwash should not create a major problem of compatibility. On the other hand, there is a concern that pushing, or scraping, 128,900 cy of sand from the 63 acres of beach into the dike to smooth away escarpments would produce more serious environmental consequences. The short-term consequences of beach bulldozing on Bogue Banks, northeast of Topsail Island, have been described by Peterson et al. (2000). One major change produced by bulldozing on Bogue Banks was a reduction in the width of the intertidal beach. Peterson et al. (2000,p. 373) found that the intertidal beach from the waterline at low tide to the base of the major dune was reduced from 29 m(95 feet) in the area not bulldozed to 22 in (72 feet) in the area bulldozed. As noted by Pilkey et al. (2004,p. 51) removing sand from the beach and pushing it landward is a form of beach erosion. The reduction in the width of the intertidal beach provides less habitat for beach invertebrates and may result in less food for shorebirds and nearshore fishes. Beach invertebrates live in the spaces between sand grains. The swash zone is dominated by mole crab (Emerita talpoida) and coquina clam(Donax sp.)which serve as the primary prey base for surf zone fish, crabs, and shorebirds. The health of the Emerita and Donax populations is closely linked with the sediment characteristics of the beach, and the availability of natural sea waters surging up and down the beach-face. Sediment grain size is extremely critical to mole crabs because these organisms do not actually burrow into the beach as they change locations within the swash zone, but rather vibrate their lower appendages and legs to create a "quicksand" condition in their immediate area. This makes it easy for them to penetrate or burrow into the sand with a minimum expenditure of energy. If the sand is too coarse, too fine, too well sorted, or contains too many heavy minerals (dark sands), mole crabs find it difficult or impossible to burrow into the beach. Similarly, significant alterations in beach-face sands have the potential to impact Emerita numbers. If the proposed work reduces populations of beach invertebrates, shorebirds and some near shore fishes would be adversely affected due to a reduction in food resources. 8 Peterson et al. (2000, p. 375-76) discuss the impacts on beach macro-invertebrates on Bogue Banks in July-August 1993 after of beach bulldozing in April 1993. While the work increased the abundance of coquina clams, there was a 37%reduction in total mole crab abundance within the bulldozed beach sections. These authors note that bulldozing may have affected the natural cuspate morphology of the shoreline and thereby changed the habitat value for Emerita and Donax. Active ghost crab (Ocypode quadrata)burrows were, on average, 65% lower on the bulldozed beach transects (Peterson et al. 2000,p. 375-76). This reduction was the consequence of an almost complete elimination of ghost crab burrows from the face of the bulldozed dune and over a 60%reduction on the lower beach. Almost half of ghost crab burrows on undisturbed beaches occurred in the high beach, an area which became buried when bulldozing is done. The authors note that the upper zone of the beach was converted by bulldozing from a gradually sloping intertidal beach of fine sand sediment to a steeply sloping berm face composed of coarser, shellier materials that were unconsolidated and incapable of holding a burrow. Peterson et al. (2000,p. 376) found the natural berm face to be comprised of finer sediment, a condition also stated by Pilkey et al. (2004, p. 49), less shell, and a greater degree of vegetative cover which held the shape of excavations made by hand. There is a concern about the ability of natural processes to restore the habitat value of beaches scraped to form the dike. Peterson et al (2000,p. 372-373) found that bulldozed beaches on Bogue Banks regained the topography, or elevation profiles, of unbulldozed beach (but with a reduced width). However, these beaches were on the same island where material had been added approximately three years earlier. Cleary (2001) states that much of the shoreline in southeastern North Carolina is"sediment starved." It is uncertain whether the alongshore transport of material would be sufficient to restore the sand pushed off the beaches. The Service is concerned that the proposed bulldozing would have a greater impact on the beach than currently estimated. If 63 acres of beach were bulldozed, this area would represent 2,744,280 square feet(ft). If this area was scarped to a depth of only one foot, then 2,744,280 cubic feet(ft) of material would be removed. Based on 27 ft3 in a cubic yard, this construction plan involves 101,640 cy of material. This figure is much less than the 128,900 cy which the PN states would be moved from the beach to the dike. Therefore, either a greater area would be impacted or the 63 acres would be scraped to a depth of greater than one foot. In light of these concerns and in order to preserve habitat values on the beach, the Service suggests that beach bulldozing be eliminated as a form of dike repair and that truck-hauled sand be used to construct an upland dike immediately inland from its present location. The remaining portions of the existing dike would form the waterward side of the reconstructed protective barrier. Heavy equipment could be used to form a more natural contour for the ocean facing slope. This plan would have the advantage of maintaining the existing width of the beach which serves to reduce wave energy striking the dike. Constructing the dike with truck-hauled sand immediately landward of its existing location would reduce our concern that the proposed 9 actions would be short-lived and require additional work in the near future. Pilkey et al. (1998, p. 210) state that the simple bulldozing of beach sand into small mounds is highly ineffective as a method of erosion control. These authors note that while bulldozing piles up sand, increasing the height of the barrier, the process reduces the width of the beach, an effect observed by Peterson et al. (2000,p. 373), and bring ocean water closer to threatened property. Artificial dunes erode with much greater ease than natural dunes (Pilkey et al 2004,p. 50). It is also noteworthy that the proposed work represents the exact opposite of standard beach construction. Such construction normally proposes to add material to the beach in order to protect development. The subject PN actually proposes to remove sediment from the beaches. However, if the Corps public interest review should conclude that protection of the yet-to-be specified development necessitates beach bulldozing, the permit should require the following conditions: 1. No more than one foot of material, as measured from the pre-construction surface elevation, should be pushed into the dike and no material is removed from below the mean low water line. The latter feature is a design feature of the proposed work described in the PN. Such restrictions would comply with current state regulations (15A NCAC 07K .0103). Pilkey et al. (1998,p. 210) state that bulldozing is often done waterward of the low tide line and to a depth greater than one foot. Therefore, the permit should require measures to ensure compliance with these two conditions, such as inspector(s) at the site during actual construction; and, 2. The work should occur during the winter months of December through March would minimize harm to these organisms (Peterson 2000,p. 11). Such a schedule would also avoid the combined periods when piping plovers and sea turtles are at greatest risk, April 1 through November 15. Summary The Service does not oppose relatively minor repairs to upland dikes on barrier islands to provide short-term protection for development. In fact,protective dikes built entirely in uplands should not require a Corps permit and thus would not be subject to Service review except in terms of impacts to federally listed species. Such dikes will become increasingly critical as the sea surrounding the island rises and the island is prevented from moving landward. However, in order for the Corps to do an adequate public interest review, there should be a description of the development requiring protection. Such a description seems essential in formulating possible alternatives such as the use of sand fencing to gradually build up the protective barrier. Sand dikes built entirely on uplands will impact some wildlife resources,but would not impact the very limited and productive area of the intertidal beach used by shorebirds and the upper beach used for sea turtle nesting. As noted in this letter, scraping 128,900 cy of material off the beaches may be detrimental to food resources of nearshore fish and shorebirds as well as sea turtle nesting. In order to do an adequate public interest review, the Corps should have a clear picture of the societal benefits to be derived. Such benefits can be weighed against the costs to fish and wildlife resources. 10 Overall,the use of truck-hauled sand to fill breaches in the dike should not create serious, long- term environmental impacts. The one-time use of an estimated of 4,400 cy of such material and supplemental information on color and sediment processing suggest that this aspect of the work would produce commensurately minor environmental impacts as the material moves onto the beaches and eventually out into the ocean. Of course,the constructed.dike should not be considered a natural dune. Natural dunes are characteristically small, or non-existent, on Topsail Island. As noted above, the relatively large-scale beach bulldozing represents a much greater threat to the coastal resources of Topsail Island. For this reason we have suggested that this aspect of the project be eliminated in favor of an upland,protective sand dike landward of the existing structure built entirely with truck-hauled sand. Regardless of the eventually permitted, there should be a clearly defined work schedule. For the benefit of sea turtles, piping plovers, and important beach invertebrates,the work should occur during the four-month period from December through March. The Service recommends that the DA permit require that all sediment placement and grading be completed during the December through March period. With regard to section 7, the Service has recommended five measures to minimize adverse impact to federally listed species that are likely to occur in the project area. The Service appreciates the opportunity to comment on this permit application. If you have questions regarding these comments,please contact Howard Hall at 919-856-4520, ext. 27 or by e-mail at<howard—hall@fvvs.gov>. Si cere , Pete B min Ecological Services Supervisor Literature cited Barnes,J. 1998. North Carolina's Hurricane History—Revised and Updated Edition. The University of North Carolina Press. Chapel Hill. 256pp. Cleary, W.J., 2001. Availability of offshore sand resources for shoreline restoration in southeastern North Carolina. Geological Society of America Southeastern Section Annual Meeting, 2001 Abstracts with Program. Coastal Planning and Engineering, Inc. 2005 (August). (Draft) Engineering, Geology, and Geotechnical Investigations, Shoreline Protection, Town of North Topsail Beach, North Carolina. CP&E. Boca Raton, Florida. 11 Peterson, C. H. and J. T. Wells. 2000. Bogue Banks beach renourishment project: Late fall 1999 assessment of benthic invertebrates and demersal fish resources in the offshore mining sites prior to sand mining. Final Report prepared for Carteret County and CSE Baird, Inc. 13 pp+Figures and Tables. Pilkey, O. H., W. J. Neal, S. R. Riggs, C. A. Webb, D. M. Bush,D. F. Pilkey, J. Bullock, and B. A. Cowan. 1998. The North Carolina Shore and Its Barrier Islands -Restless Ribbons of Sand. Duke University Press. Durham,North Carolina. 318 pp. T. M. Rice, and W. J. Neal. 2004. How to Read a North Carolina Beach—Bubble Holes, Barking Sand, and Rippled Runnels. The University of North Carolina Press. Chapel Hill,North Carolina. 162 pp. cc: Rebecca Fox,US EPA, Whittier,NC Ron Sechler,NOAA Fisheries, Beaufort,NC John Dorney,NC Division of Water Quality, Raleigh,NC Jim Gregson,NC Division of Coastal Management, Wilmington,NC Doug Huggett,NC Division of Coastal Management, Morehead City,NC Fritz Rohde,NC Division of marine Fisheries, Wilmington,NC Steve Everhart,NC Wildlife Resources Commission, Wilmington,NC Todd Miller,North Carolina Coastal Federation, Ocean,NC �pF W A rF r Michael F.Easley,Governor �O G William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources p Alan W.Klimek,P.E. Director Division of Water Quality December 9, 2005 DWQ Project#051996 Onslow County Town of North Topsail Beach c/o Town Manager 2008 Loggerhead Ct. U 4/' North Topsail,NC 28460 Subject Property: North Topsail Beach Dune Restoration '*rehea Approval of 401 Water Quality Certification with Additional Conditions a City 'M Dear Sir or Madam: You have our approval,in accordance with the attached conditions and those listed below,to temporarily impact approximately 35.0 acres of the inter-tidal zone of North Topsail Beach for the purpose of restoring the vegetated dunes at the subject property, as described within your application dated October 10, 2005 and received by the N.C. Division of Water Quality(DWQ)on October 25,2005. After reviewing your application,we have decided that the impacts are covered by General Water Quality Certification.Number 3400(GC3400). The Certification allows you to use the CAMA Major Permit when issued by the NC Division of Coastal Management. In addition,you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including(but not limited to)Erosion and Sediment Control,Non-discharge, and NPDES Stormwater regulations. Also,this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 Permit or CAMA Permit. This approval is for the purpose and design that you described in your application. If you change your project,you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project(now or in the future)exceed one acre of wetland or 150 linear feet of stream,compensatory mitigation may be required as described in 15A NCAC 2H .0506(h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 1. Impacts Approved The following temporary impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Amount Approved(Units) Plan Location or Reference Stream N/A (feet) 404 Wetlands N/A acres Waters 35.0 (acres) From Surf City Town Limits Inter-tidal Zone to the New River Inlet Buffers N/A (square ft.) North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone(910)796-7215 Customer Servicel-877-623-6748 One Wilmington Regional Office Wilmington,NC 28405-3845 FAX (910)350-2004 Intemet: h2o.enr.state.nc.us O Caro/li/na An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper V ural[y Town of North Topsail Beach Page 2 of 3 December 9,2005 2. Erosion&Sediment Control Practices Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal,or exceed,the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites,borrow sites, and waste pile(spoil)projects, including contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites,the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 3. No Waste, Spoil, Solids,or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands,waters, or riparian areas beyond- the footprint of the impacts depicted in the Pre-Construction Notification. All construction activities, including the design, installation,operation,and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes,or rules occur. 4. No Sediment&Erosion Control Measures w/n Wetlands or Waters Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable,they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project. 5. 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 the attached certificate of completion to the 401/Wetlands Unit,North Carolina Division of Water Quality, 1650 Mail Service Center,Raleigh,NC,27699-1650. 6. One Time Event This Certification covers the one time event of beach bulldozing for the purpose of restoring the vegetated dunes damaged by Hurricane Ophelia. Any future activity that includes work in the inter-tidal zone will require a new 401 Water Quality Certification. Town of North Topsail Beach Page 3 of 3 December 9,2005 Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream impacts),you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition,which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please telephone Noelle Lutheran in the DWQ Wilmington Regional Office at 910-796-7405 or Cyndi Karoly in the Central Office in Raleigh at 919-733-9721. Sincerel Alan W.Klimek,P.E.,Director Division of Water Quality AWK/nml Enclosures: GC 3400 Certificate of Completion cc: Doug Huggett,DCM Morehead City Jon Giles,DCM Wilmington Henry Wicker,USACE Wilmington Regulatory Field Office Noelle Lutheran,DWQ Wilmington Regional Office Trentt James,DLR Wilmington Regional Office File Copy Central Files Filename: 051996.dec THIS 1NOT' A CAIVA MIT WQC #3400 ] HIS IS NOT CAMA PERMIT CERTIFIC Of PERMIT GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS GENERAL PERMIT NUMBER 198000291 (ISSUED TO THE NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT AND RIPARIAN AREA PROTECTION RULES(BUFFER RULES) This General Certification is issued in conformity with requirement of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality Regulations in 15 NCAC 2H, Section .0500 and 15 NCAC 2B .0200 for the discharge of fill material as described in General Permit 198000291 and for the Riparian Area Protection Rules (Buffer Rules)in 15A NCAC 2B .0200. This Certification replaces Water Quality Certification Number 3025 issued on September 6, 1995,Water Quality Certification Number 3112 issued on February 11, 1997, Water Quality Certification Number 3274 issued June 1, 2000 and Water Quality Certification Number 3371 issued March 18, 2002. This WQC is rescinded when the Corps of Engineers re-authorizes Regional General Permit 0291 or when deemed appropriate by the Director of DWQ. The State of North Carolina certifies that the specified category of activity will not violate applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217 if conducted in accordance with conditions hereinafter set forth. Conditions of Certification: 1. Activities authorized by CAMA major permits require written concurrence from the Division of Water Quality as well as compliance with all conditions of this General Certification; 2. Activities authorized by Coastal Area Management Act(CAMA) Minor or General Permits do not require written authorization from the Division of Water Quality as long as they comply with all other conditions of this General Certification; 3. In accordance with North Carolina General Statute Section 143-215.3D(e), any request for written concurrence for a 401 Water Quality Certification must include the appropriate fee. If a project also requires a CAMA Permit, one payment to both agencies shall be submitted and will be the higher of the two fees. The fee shall be collected and distributed between the two agencies in accordance with agreements reached between the Division of Water Quality and the Division of Coastal Management; 4. In accordance with 15A NCAC 2H .0506(h)compensatory mitigation may be required for impacts to 150 linear feet or more of streams and/or one acre or more of wetlands. In addition, buffer mitigation may be required for any project with Buffer Rules in effect at the time of application for buffer impacts resulting from activities classified as "allowable with mitigation"within the "Table of Uses"section of the Buffer Rules or require a variance under the Buffer Rules. A determination of buffer, wetland and stream mitigation requirements shall be made for any Certification for this Nationwide Permit. The most current design and monitoring protocols from DWQ shall be followed and written plans submitted for DWQ approval as required in those protocols. When compensatory mitigation is required for a project, the mitigation plans must be approved by DWQ in writing before the impacts approved by the Certification occur. The mitigation plan must be implemented and/or constructed before any permanent building or structure on site is occupied. In the case of public road projects, the mitigation plan must be implemented before the road is opened to the travelling public; t WQC #3400 5. Compensatory stream mitigation shall be required at a 1:1 ratio for not only perennial but also intermittent stream impacts that require application to DWQ in watersheds classified as ORW, HQW, Tr,WS-I and WS-II unless the project is a linear, publicly- funded transportation project,which has a 150-foot per-stream impact allowance; 6. Impacts to any stream length in the Neuse and Tar-Pamlico River Basins (or any other major river basins with Riparian Area Protection Rules [Buffer Rules] in effect at the time of application) requires written concurrence from DWQ in accordance with 15A NCAC 213.0200. New development activities located in the protected 50-foot wide riparian areas (whether jurisdictional wetlands or not)within the Neuse and Tar- Pamlico River Basins shall be limited to"uses"identified within and constructed in accordance with 15A NCAC 2B .0200. All new development shall be located, designed, constructed, and maintained to have minimal disturbance to protect water quality to the maximum extent practicable through the use of best management practices. Activities listed as"exempt'from these rules do not need to apply for written concurrence under this Certification; 7. All sediment and erosion control measures placed in wetlands or waters shall be removed and the original grade restored after the Division of Land Resources has released the project; 8. If an environmental document is required, this Certification is not valid until a Finding of No Significant Impact(FONSI)or Record of Decision (ROD) is issued by the State Clearinghouse; 9. That appropriate sediment and erosion control practices which equal or exceed those outlined in the most recent version of the "North Carolina Sediment and Erosion Control Planning and Design Manual"or the "North Carolina Surface Mining Manual' whichever is more appropriate(available from the Division of Land Resources (DLR) in the DENR Regional or Central Offices)shall be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to assure compliance with the appropriate turbidity water quality standard; 10. Measures shall be taken to prevent live or fresh concrete from coming into contact with freshwaters of the state until the concrete has hardened; 11. Additional site-specific conditions may be added to projects which have applied for CAMA major permits which are proposed under this Certification in order to ensure compliance with all applicable water quality and effluent standards; 12. When written concurrence is required, the applicant is required to use the most recent version of the Certification of Completion form to notify DWQ when all work included in the 401 Certification has been completed; 13. Concurrence from DWQ that this Certification applies to an individual project shall expire three years from the date of the cover letter from DWQ or on the same day as the expiration date of the corresponding General Permit 198000291, whichever is sooner. Non-compliance with or violation of the conditions herein set forth by a specific fill project shall result in revocation of this Certification for the project and may result in criminal and/or civil penalties. 2 WQC #3400 The Director of the North Carolina Division of Water Quality may require submission of a formal application for individual certification for any project in this category of activity that requires written concurrence under this certification, if it is determined that the project is likely to have a significant adverse effect upon water quality or degrade the waters so that existing uses of the wetland or downstream waters are precluded. Public hearings may be held for specific applications or group of applications prior to a Certification decision if deemed in the public's best interest by the Director of the North Carolina Division of Water Quality. Effective date: March 2003 DIVISION OF WATER QUALITY By Alan W. Klimek Director WQC#3400 3 Certification of Completion DWQ Project No.: County: Applicant: Project Name: Date of Issuance of Isolated Wetland Permit: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWQ 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 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 1, , 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 Permittee 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: Registration No. Date 1 i H , K� North Carolina Wildlife Resources Commission Richard B. Hamilton, Executive Director WED MEMORANDUM RP UTo: Doug Huggett,Major Permits Coordinator NC DENR/DCM NOV 3 0 2005 NC DENR/DWQ -'Vk� Morehead City DCM Henry M.Wicker USACE P.O.Box 1890 Wilmington,NC 28402-1890 From: Steven H.Everhart,PhD Southeastern Permit Coordinator Habitat Conservation Program Date: November 23,2005 RE: Town of North Topsail Beach,Dune System Repair,CAMA Dredge and Fill Permit Application and USACE Public Notice Action ID#200600087,Onslow County Biologists with the North Carolina Wildlife Resources Commission(NCWRC)have reviewed the subject application for impacts to wildlife and fishery resources. Our comments are provided in accordance with provisions of the Fish and Wildlife Coordination Act(48 Stat.401,as amended; 16 U.S.C.661 et.seq.),and Sections 401 and 404 of the Clean Water Act(as amended). The project is located adjacent to the Atlantic Ocean within the town limits of North Topsail Beach. The waters in this area are NOT designated as a Primary Nursery Area(PNA)by the NC Division of Marine Fisheries. The applicant proposes to rebuild dunes in the areas where breaches have occurred by trucking beach compatible sand at an average of 12 cubic yards per linear foot and also sifting 2100 cubic feet of sand in storage that was removed from the roadways after Hurricane Ophelia. They also propose to bulldoze(push)sand from mean low water(MLW)landward to the existing erosion escarpments to repair the dune system to its original profile. The proposed restoration dune heights range from 12 to 15 ft from the existing level of dry sand beach with a slope of 2:1. This project is anticipated to impact approximately 28 acres of dry sand beach and 35 acres of intertidal beach. The pushing of sand will result in the relocation of approximately 128,900 cubic yards of sand from the un-vegetated beach to the dune system. Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center - Raleigh, NC 27699-1721 Telephone: (919) 707-0220 - Fax: (919) 707-0028 North Topsail Beach Dune Repair 2 November 23,2005 We have the following concerns: • Topsail Island,including the town of North Topsail Beach,is home to a rich diversity of fish and wildlife. Its beaches provide nesting habitat for threatened and endangered species including sea turtles and ground-nesting seabirds such as plovers and terns. Additionally,many species of birds forage year-round for living invertebrate organisms within the intertidal zone. The relocation and death of these invertebrates by bulldozing them to the dune system will eliminate their availability as prey to foraging seabirds until their populations are re- established in the intertidal zone. • Moratoria exist for construction activities on the beach for nesting sea turtles(May 1 —November 15)and piping plovers(April 1-July 15). These must be observed. • Overwash areas,especially those near inlets,are important to many species of shorebirds as nesting,foraging, and/or loafing habitat. Lands adjacent to inlets,whether previously platted or not,should be protected from development and preserved as conservation areas. • There is a current mechanism that allows emergency beach construction activities to occur if homes are imminently threatened by erosion or swell.The Town and individual property owners have already exercised this mechanism. Hence,there does not appear to be a strong reason why this project should be accomplished given the fact that the Town is currently developing a renourishment and shoreline protection project. Thank you for the opportunity to review and comment on this application. If you have any questions or require additional information regarding these comments,please call me at(910)796-7436. cc: Joanne Steenhuis,NCDWQ Fritz Rohde,NCDMF Debbie Wilson,NCDCM Howard Hall,USFWS ELM.I US Army Corps PUBLIC NOTIC NOV 2 3 2005 Of Engineers Wilmington District Morehead City DCM Issue Date: November 22, 2005 Comment Deadline: December 8, 2005 Corps Action ID #: 200600087 All interested parties are hereby advised that the Wilmington District, Corps of Engineers (Corps) has received an application for work within jurisdictional waters of the United States. Specific plans and location information are described below and shown on the attached plans. This Public Notice and all attached plans are also available on the Wilmington District Web Site at www.saw.usace.army.mil/wetlands Applicant: Town of North Topsail Beach 2008 Loggerhead Court North Topsail Beach, North Carolina 28460 Authority The Corps will evaluate this application and a decide whether to issue, conditionally issue, or deny the proposed work pursuant to applicable procedures of Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act of 1899. Location The project site is located along the beach strand adjacent to the Atlantic Ocean from the northern Surf City town limits to the New River Inlet, in North Topsail Beach, Onslow County, North Carolina. See attached plans and drawings for specifics. Existing Site Conditions North Topsail Beach received severe erosion to the dune system during Hurricane Ophelia. The Town lost approximately 20' to 70' of their protective dunes and there are presently12 breaches in the dune system. At minimum the Town lost the waterward '/2 of the dunes. There is an average erosion escarpment of 13' along the remaining dune system. The existing vegetation on the remaining dunes consists mostly of American Beachgrass (Ammophilia breviligulata), Seaoats (uniola paniculata), and Bitter panicum (Panicum amarulum). Applicant's Stated Purpose The Town of North Topsail Beach wants to rebuild the dune system to its original profile prior to Hurricane Ophelia for protection against storm events. Project Description The Town of North Topsail Beach is proposing to rebuild dunes in areas where breaches have occurred by trucking in beach compatible sand at an average rate of 12 cubic yards per linear foot and also sifting 2,100 cubic feet of sand in storage that was removed from the roadways after Hurricane Ophelia. The trucked in beach compatible sand will come from Riverside Sand in Wallace,North Carolina. This sand will only be place above the high tide line. See attached documents for sand analysis. They are proposing to bulldoze sand from mean low water(MLW) landward to the existing erosion escarpments to repair the dune system to its original profile. They propose to restore the dunes to heights ranging from 12' to 15' from the existing level of the dry sand beach with a 2:1 slope. The project will impact approximately 63 acres of the dry sand beach and the intertidal zone. Of this area, the dry sand beach is approximately 11.6 miles long and averages approximately 20' in width, or approximately 28 acres. The remainder of the 63-acre project area is within the inter- tidal zone. The beach bulldozing will result in the relocation of approximately 128,900 cubic yards of sand from the unvegetated beach to the dune system. Other Required Authorizations This notice and all applicable application materials are being forwarded to the appropriate State agencies for review. The Corps will generally not make a final permit decision until the North Carolina Division of Water Quality (NCDWQ) issues, denies, or waives State certification required by Section 401 of the Clean Water Act (PL 92-500). The receipt of the application and this public notice in the NCDWQ Central Office in Raleigh serves as application to the NCDWQ for certification. A waiver will be deemed to occur if the NCDWQ fails to act on this request for certification within sixty days of the date of the receipt of this notice in the NCDWQ Central Office. Additional information regarding the Clean Water Act certification may be reviewed at the NCDWQ Central Office, 401 Oversight and Express Permits Unit, 2321 Crabtree Boulevard, Raleigh,North Carolina 27604-2260. All persons desiring to make comments regarding the application for certification under Section 401 of the Clean Water Act should do so in writing delivered to the North Carolina Division of Water Quality (NCDWQ), 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 Attention: Ms Cyndi Karoly (all other projects)by December 13, 2005. The applicant has not provided to the Corps, a certification statement that his/her proposed activity complies with and will be conducted in a manner that is consistent with the approved North Carolina Coastal Zone Management Program. Pursuant to 33 CFR 325.2(b)(2),the Corps can not issue a permit for the proposed work until the applicant submits such a certification to the Corps and the North Carolina Division of Coastal Management (NCDCM), and the NCDCM notifies the Corps that it concurs with the applicant's consistency certification. Essential Fish Habitat This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the Magnuson-Stevens Fishery Conservation and Management Act. The Corps' initial determination 2 is that the proposed project may adversely impact EFH or associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils or the National Marine Fisheries Service. These impacts to EFH include destruction of habitat at the fill site, siltation plums, erosion and sedimentation issues, time frame work is performed(fish moratoriums) and water quality issues. Cultural Resources The Corps has consulted the latest published version of the National Register of Historic Places and is not aware that any registered properties, or properties listed as being eligible for inclusion therein are located within the project area or will be affected by the proposed work. Presently, unknown archeological, scientific, prehistoric, or historical data may be located within the project area and/or could be affected by the proposed work. Endangered Species The Corps has reviewed the project area, examined all information provided by the applicant and consulted the latest North Carolina Natural Heritage Database. Based on available information, the Corps has determined there may be species listed as threatened or endangered or their critical habitat formally designated pursuant to the Endangered Species Act of 1973 (ESA) within the project area. A final determination on the effects of the proposed project will be made upon additional review of the project and completion of any necessary biological assessment and/or consultation with the U.S. Fish and Wildlife Service and/or National Marine Fisheries Service. Evaluation The decision whether to issue a permit will be based on an evaluation of the probable impacts, including cumulative impacts, of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including the cumulative effects thereof, among those are conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, flood plain values (in accordance with Executive Order 11988), land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation,water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. For activities involving the discharge of dredged or fill materials in waters of the United States, the evaluation of the impact of the activity on the public interest will include application of the Environmental Protection Agency's 404(b)(1) guidelines. Commenting Information The Corps is soliciting comments from the public; Federal, State and local agencies and officials; Indian Tribes and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps to determine 3 whether to issue, modify, condition or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement(EIS)pursuant to the National Environmental Policy Act(NEPA). Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. Any person may request, in writing,within the comment period specified in this notice, that a public hearing be held to consider the application. Requests for public hearings shall state,with particularity, the reasons for holding a public hearing. Requests for a public hearing shall be granted, unless the District Engineer determines that the issues raised are insubstantial or there is otherwise no valid interest to be served by a hearing. Written comments pertinent to the proposed work, as outlined above, will be received by the Corps of Engineers, Wilmington District, until 5pm, December 8, 2005. Comments should be submitted to Henry Wicker, Project Manager for this project. 4 N O`d 1 2005 PROPOSED AREAS OF BULLDOZING AND PLACING BEACH COMPATIBLE SAND Sand Hauled into Breach Areas - Star Dune Bulldozing - ( ) Breached Areas will be filled: - 10' x 30' Dune Pushing will correct erosion - Ranges: 5' x'15 7' x 20' 10' x 20' Areas numbered for reference: # 1 -Pushing 7' to 10' in height and 15' wide cewss #2 -Breach area 10' in height and 40' wide #3 - Pushing 5' to 7' in height and 15' wide �. #4 - Pushing 5' to 7' in height and 15' wide #5 - Breach area 7' in height and 35' wide #6 - Pushing area 5' to 7' in height and 15' wide #7 - Breach area 7' in height and 35"wide # 8 - Breach area 10' in height and 35' wide s' #9 - Pushing 5' to 10' in height and 15' wide #10 - Pushing 5' to 10' in height and 15' to 20' wide # 11 -Breach area 7' in height and 35' wide #12 - Pushing 5' to 10"in height and 10' to 15' wide #13 -Breach area 10' in height and 35' wide #14 -Pushing 10' in height and 20' wide #15 -Breach area 10' in height and 35' wide #16 -Pushing 10' in height and 20' wide #17 -Breach area 10' in height and 35' wide #18 -Pushing area 5' to 7' in height to 15' wide #19 - Breach Area 10' in height and 35' wide #20 -Pushing 10' in height and 20' wide #21 -Breach Area 10' height and 20' wide #22 -Breach area 7' in height and 30' wide 4- XQ or oil 1 1� ■ ■ - C .. ■�"■ ' � CCCC■ C ■. low . e ■ ■■■■ e■■■rr ■ s � �) • � - r rr�w CCU ■ _C _off . rr■ � ■ ■ ■r■ NONE■r ■ ;, : _. i�� � `sal `-] � ��� ► ■ a ■ � •.C C�C� .. - * ■ ■ CrrC Wool No . ■ ■r■�r■�irre■■r■ ■ u aw r5� t 1.1 ■■�■��■ ■■C■�■ NUMENlva CW HE gpolo Romig- i �7�1:.�"^.•-7"7" .T 11 - • - ■ram-.■rrr�r `■■ ■ Cn� � - � rrw�wwwwwisww�rw�w��:i whir Aer-VYWA RCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary November 16, 2005 Town of North Topsail Beach Loraine Carbone 2008 Loggerhead Ct. North Topsail Beach, NC 28460 Subject:EXEMPTION NAV 2 �pA3 Stormwater Project No. SW8 051058 .wTown of North Topsail Beach Onslow County Dear Ms. Carbone: The Division of Coastal Management through a cooperative agreement with the Division of Water Quality has reviewed your CAMA major permit application to determine if a stormwater management permit would be required from the Division of Water Quality. The review of the plans and specifications has determined that the development activities proposed at this time will not pose a threat to surface water quality from stormwater runoff. The Director of the Division of Water Quality has determined that projects that are reviewed and approved by the Division of Water Quality as not posing a water quality threat from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 21-1.1000. By copy of this letter, we are informing you that your project will not require a stormwater management permit. If the subject project disturbs one acre or more and has a point source discharge of stormwater runoff, then it is also subject to the National Pollutant Discharge Elimination System (NPDES) stormwater discharge requirements. You are required to have an NPDES permit for stormwater discharge from projects meeting these criteria. The stormwater rules require the Division of Water Quality to permit the common plan of development, therefore, any future development on the property, regardless of whether a CAMA Major permit is also required, may require a Stormwater Management Permit application and permit issuance from the Division of Water Quality prior to any construction. Please be advised that this determination is for stormwater management requirements only. Your request for authorization of development under the Coastal Area Management Act is still in process. If you have any questions or need additional information concerning this matter please contact Ms. Linda Lewis with the Division of Water Quality at(910) 796-7404. Sincerely, am 7sGregson Di ict Manager JG/sks: cc:North Topsail Building Inspections This is not Doug Huggett, DCM;Ted Tyndall, DCM DCM-WiR W A LAMA PERMIT DWQ-WiRO; DQ Central Files 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 91 0-796-721 5 1 FAX: 910-395-39641 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper A 5TA7F North Carolina Department of Cultural Resources State Historic Preservation Office Peter B.Sandbeck,Administrator Michael F.Easley,Governor Office of Archives and History Lisbeth C.Evans,Secretary Division of Historical Resources Jeffrey J.Crow,Deputy Secretary David Brook,Director November 3,2005 MEMORANDUM MorehcPd City DCM TO: Doug Huggett,Chief Major Permits Processing Section Division of Coastal Management,DENR FROM: Peter Sandbeck f-6 SUBJECT: Town of North Topsail,Dune system repair, Onslow County, ER 05-2527 We have reviewed the above permit application and would like to comment. It is our opinion that borrow sand deposition and bulldozing operations may encounter the remains of historic vessels that have been washed lost along the beach strand from Surf City to the New River Inlet and buried over the last 450 years. While the archaeological and historical record does not support a recommendation for an archaeological survey,we would like your agency,the applicant,and the bulldozer operators to be aware that a the possibility exists that this work may unearth a beached shipwreck. In the event that such occurs,work should move to another area and the Underwater Archaeology Branch be contacted immediately (910/458-09042).A staff member will be sent to assess the wreckage and determine the proper course of action. Thank you for your cooperation and consideration. If you have questions concerning the above comment, please contact Renee Gledhill-Earley,environmental review coordinator,at 919/733-4763. In all future communication concerning this project,please cite the above referenced tracking number. Location Mailing Address Telephone/Fax ADMINISTRATION 507 N.Blount Street,Raleigh NC 4617 Mail Service Center,Raleigh NC 27699-4617 (919)733-4763/733-8653 RESTORATION 515 N.Blount Street,Raleigh NC 4617 Mail Service Center,Raleigh NC 27699-4617 (919)733-6547/715-4801 SURVEY&PLANNING 515 N.Blount Street,Raleigh,NC. 4617 Mail Service Center,Raleigh NC 27699-4617 (919)733-6545/7154WI North Topsail Beach Bulldozing Major Subject:North Topsail Beach Bulldozing Major From: Jim Gregson<Jim.Gregson@ncmail.net> Date: Thu,03 Nov 2005 14:57:01 -0500 To:Doug Huggett<Doug.Huggett@ncmail.net>,Jon Giles<Jon.Giles@ncmail.net>,Ted Tyndall<Ted.Tyndall@ncmail.net> There was a delay in the public notice for the Jacksonville Daily News. The person who does the notices was on vacation until today. The notice will not go in until tomorrow,November 3. We will edit the site card to read"comments will be accepted through November 24,2005". This is not good. The town was hoping to have a permit before thanksgiving. Jim Gregson, District Manager NC Division of Coastal Management 127 Cardinal Drive Wilmington, NC 28405-3845 (910)796-7290 Fax: (910)350-2004 Toll Free: 1-888-912-CAMA 1 of 1 11/4/2005 9:38 Al\ NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G.Ross Jr., Secretary October 24, 2005 MEMORANDUM: TO: Linda Lewis `� RECEIVED and OCT 2 5 2005 Noelle Lutheran Division of Water Quality BY:c2 d FROM: Doug Huggett, Major Permits Coordinator SUBJECT: CAMA & Dredge and Fill Permit Application Review Applicant: Town of North Topsail Beach Project Location: Entire beach strand from the Surf City Town Limits north to the New River Inlet, adjacent to the Atlantic Ocean in North Topsail Beach, Onslow County. Proposed Project: Applicant proposes to repair the dune system that was damaged during Hurricane Ophelia. Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 17, 2005. If you have any questions regarding the proposed project, please contact Debbie Wilson at (910) 796-7286, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED 6,e_ — DATE /1&w 5 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-72151 FAX: 910-395-39641 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper NOV-15-2005 15:57 JACKSONVILLE DISTRICT 9103469030 P.02 blSTR1C? t Q ;A NOV 02206 i . NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F.Easley,Governor Charles S.Jones, Director willam G. Ross Jr,,Secretary October 24, 2005 MEMORANDUM: V TO: Ken Pace NCDOT State Construction/Materials Branch FROM: Doug Huggett, Major Permits Coordinator SUB.IECT: CAMA&Dredge and rill Permit Application Review Applicant: Town of North Topsail Beach Project Location: Entire beach strand from the Surf City Town Limits north to the New River Inlet, adjacent to the Atlantic Ocean in North'Topsail Beach, Onslow County. Proposed Project: Applicant proposes to repair the dune system that was damaged during Hurricane Ophelia. Please indicate below your agency's position or viewpoint on the proposed project and return this term by November 17, 2005. If you have any questions regarding the proposed project,please contact Debbie Wilson at(910) 796-7286,when appropriate, in-depth comments with supporting data is requested. REPLY; t/ I'h' t ency has no objection to the prole as pro used_ w� Wi41kS � J C4.e�:1'�C �S uV f f, This agency has no eonunent on the proposed project_ 'Phis 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. UNAAk SIGNED nATE l I 127 Cardinal Drive Ext.,Wilmington, North Carolina 28405-3845 Phone: 910-796-7215 l FAX: 910-395-39641 Intemet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer-50%Recycled 110%Post Consumer Paper TOTAL P.02 IRA NCDENR North Carolina Department of Environment and Natural Resources p � Division of Coastal Management °os ` Michael F. Easley,Governor Charles S. Jones, Director William G. Ross Jr., Secretary October 24, 2005 XT 1 b 2 MEMORANDUM: SMELLf1311 SANRAnOf4 TO: Patty Fowler NCDENR-Division of Environmental Health Shellfish Sanitation Section NOV 1 020 FROM: Doug Huggett, Major Permits Coordinator SUBJECT: CAMA & Dredge and Fill Permit Application Revie SHELLRSH SANITATION Applicant: Town of North Topsail Beach Project Location: Entire beach strand from the Surf City Town Limits north to the New River Inlet, adjacent to the Atlantic Ocean in North Topsail Beach, Onslow County. Proposed Project: Applicant proposes to repair the dune system that was damaged during Hurricane Ophelia. Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 17, 2005. If you have any questions regarding the proposed project, please contact Debbie Wilson at (910) 796-7286, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. For f a tt r SIGNED DATE /- -O 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-72151 FAX: 910-395-39641 Internet: www.nccoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%a Recycled 110%Post Consumer Paper f Al NCDENR North Carolina Department of Environment and Natural Resourcesr . Division of Coastal Management Charles S. Jones Director wiiliam ,� a Michael F.Easley, Governor ry October 24, 2005 MEMORANDUM: / Oct 20p5 TO: Steve Everhart NC Wildlife Resources Commission C0/l,c-/I; at ,Q p ram aiz°n 4' FROM: Doug Huggett, Major Permits Coordinator l�/47 6 8 L g�Ilk SUBJECT: CAMA& Dredge and Fill Permit Application Review Applicant: Town of North Topsail Beach Project Location: Entire beach strand from the Surf City Town Limits north to the New River Inlet, adjacent to the Atlantic Ocean in North Topsail Beach, Onslow County. Proposed Project: Applicant proposes to repair the dune system that was damaged during Hurricane Ophelia. Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 17, 2005. If you have any questions regarding the proposed project, please contact Debbie Wilson at (910) 796-7286, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. / This agency has no comment on the proposed project. ✓ This agency approves of the project only if the recommended changes are incorporated. See attached. This agency o 'ects to the project for reasons described in the attached comments. SIGNED DATE 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-7215\FAX: 910-395-3964\Internet: www.nccoastalmanagement.net An Equal opportunity\Afrmative Action Employer—50%Recycled\10%Post Consumer Paper �. �, r ' - -,y «, 1 l A7jA NCDENR 1. orth Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary October 24, 2005 MEMORANDUM: TO: Dan Sams v NOV 0 2 20U5 For James Simons orehead QtY © Division of Land Resources `r l.a`� FROM: Doug Huggett, Major Permits Coordinator SUBJECT: CAMA& Dredge and Fill Permit Application Review Applicant: Town of North Topsail Beach Project Location: Entire beach strand from the Surf City Town Limits north to the New River Inlet, adjacent to the Atlantic Ocean in North Topsail Beach, Onslow County. Proposed Project: Applicant proposes to repair the dune system that was damaged during Hurricane Ophelia. Please indicate below your agency's position or viewpoint on the'proposed project and return this form by November 17, 2005. If you have any questions regarding the proposed project, please contact Debbie Wilson at (910) 796-7286, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are f! 1 inco{ orfa_teLd. See attached. 14 21 At �(f�S.a,� C S�-CJ•,.1a..—� C�^'1 This agency objecis to the project for reasons described in the attached comments. r SIGNED DATE 0(-r 0 , Zoos 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-72151 FAX: 910-395-39641 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper fh NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary October 24, 2005 MEMORANDUM: D TO: Fritz Rohde Division of Marine Fisheries NOV 2005 I FROM: Doug Huggett, Major Permits Coordinator Q M F-H A B E TAT SUBJECT: CAMA & Dredge and Fill Permit Application Review Applicant: Town of North Topsail Beach Project Location: Entire beach strand from the Surf City Town Limits north to the New River Inlet, adjacent to the Atlantic Ocean in North Topsail Beach, Onslow County. Proposed Project: Applicant proposes to repair the dune system that was damaged during Hurricane Ophelia. Please indicate below your agency's position or viewpoint on the.proposed project and return this form by November 17, 2005. If you have any questions regarding the proposed project, please contact Debbie Wilson at (910) 796-7286, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE ( UZ 4�- l2 (- 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-72151 FAX: 910-395-39641 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper Alt NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley,Governor Charles S. Jones, Director William G. Ross Jr., Secretary October 24, 2005 2 6 2005 MEMORANDUM: TO: Joe Henderson NC Dept. of Administration State Property Office FROM: Doug Huggett, Major Permits Coordinator SUBJECT: CAMA & Dredge and Fill Permit Application Review Applicant: Town of North Topsail Beach Project Location: Entire beach strand from the Surf City Town Limits north to the New River Inlet, adjacent to the Atlantic Ocean in North Topsail Beach, Onslow County. Proposed Project: Applicant proposes to repair the dune system that was damaged during Hurricane Ophelia. Please indicate below your agency's position or viewpoint on the'proposed project and return this form by November 17, 2005. If you have any questions regarding the proposed project, please contact Debbie Wilson at (910) 796-7286, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 127 /ardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-72151 FAX: 910-395-39641 Internet: www.nccoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary October 24, 2005 d1 MEMORANDUM: J 1RE CIVED TO: Linda Lewis 0 C T 2 5 2005 and �(L �A Y. Noelle Lutheran --- Division of Water Quality FROM: Doug Huggett, Major Permits Coordinator SUBJECT: CAMA& Dredge and Fill Permit Application Rgview Applicant: Town of North Topsail Beach Project Location: Entire beach strand from the Surf City Town Limits north to the New River inlet, adjacent to the Atlantic Ocean in North Topsail Beach, Onslow County. Proposed Project: Applicant proposes to repair the dune system that was damaged during Hurricane Ophelia. Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 17, 2005. If you have any questions regarding the proposed project, please contact Debbie Wilson at (910) 796-7286, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED -7_rd%y DATE lU—Z7-o.S 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-7215\FAX: 910-395-3964\ Internet: www.nccoastaimanagement.net An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post consumer Paper v� <. ,.��;w°V := - � '���.:� L ^' _:��^�; r. .. k.. NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S.Jones, Director William G.Ross Jr., Secretary October 24, 2005 17-- A> . MEMORANDUM: "`-' 4.1 TO: Ruth Leggett NOV 0 2 2005 Division of Community Assistance Morehead City DC;o FROM: Doug Huggett, Major Permits Coordinator SUBJECT: CAMA& Dredge and Fill Permit Application Review Applicant: Town of North Topsail Beach Project Location: Entire beach strand from the Surf City Town Limits north to the New River Inlet, adjacent to the Atlantic Ocean in North Topsail Beach, Onslow County. Proposed Project: Applicant proposes to repair the dune system that was damaged during Hurricane Ophelia. Please indicate below your agency's position or viewpoint on the.proposed project and return this form by November 17, 2005. If you have any questions regarding the proposed project, please contact Debbie Wilson at (910) 796-7286, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED � /" •� DATE 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-7215\FAX: 910-395-3964\Internet: www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper rLN r V. A7jA n C T 2 8 2005 NCDENR North Carolina Department of Environment and Natural Resources , Division of Coastal Management -. "J City DCM Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary October 24, 2005 MEMORANDUM: TO: Sue McLaughlin North Topsail Beach LPO FROM: Doug Huggett, Major Permits Coordinator SUBJECT: CAMA& Dredge and Fill Permit Application Review Applicant: Town of North Topsail Beach Project Location: Entire beach strand from the Surf City Town Limits north to the New River Inlet, adjacent to the Atlantic Ocean in North Topsail Beach, Onslow County. Proposed Project: Applicant proposes to repair the dune system that was damaged during Hurricane Ophelia. Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 17, 2005. If you have any questions regarding the proposed project,please contact Debbie Wilson at(910) 796-7286, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-72151 FAX: 910-395-39641 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post consumer Paper % p.vOlcpmonlTypo FEE (14200 1601 4351C0003 1625 62521 (243CG 1EC2 4351000S5 2341) L Pdvab:,ncr.•ram�natci:,l , �uwa4;�nsrl tt•al dco.nal invclvu .2c0 10G;.(525D) G%(SC) T,;G;l;��g ar errar,,t:cn of ary yr;ll,inc(s Or Opel Wouf areas: • v IL ru4Pic er eJmric Jat davelopmc❑. Lra Coe nct lrrJclve tha Mang or s,0 1 CG°b(S<DG) 0 „Xr_:v:,Gcn Clary watla-d,or ren Rl. Fc:d.•:c:opnen(L}a:iccolras tic rjtt :u+i!:or dXCJ3!10G of un to i . sera cf w,:Uands audio:open W.Mf scars.E:!wrtdtw if A,EX,or D halm a!t:Gr.:: m(A). Far r',zvata.ncnt_mn:orcal devnl: c1t.0Genara!watafQu�';:i £3°0 1DC (Si G) C%(S.:) Ca:T.:Gt:d:Gn No.3301(Lae 5!t.i0`ct) I!;_): F.r;•wCc Or ccmma:CIil !,dCnncrulw.:arCua::ri C;S(`C) Cr::f.,a::cn No.3_01(:cc a::asted) 1 Na.3:01(sae_.. but DC%t.�i:•i1T ec!er^ir,ni t:ataC:ir!ireal rt:rcW a•-d _, eO:Ja(5240) ;C. (`15C} orcu:tcCTS tc!atcd la watx ' or ac,;nt:C t::o: 1:(D). I'Gin^_ral WalFr QusSly Cerl•.f:cic ^Na.3.A1(.:J uiWchei} 5-C7 60' (S2;C) (S160) IV. For d:voloPmanl[!-,It irvc:vc3 the fir,nndJ;rexc=60rlOf tt:or 5 70 0J°,(SC57) <0;(S:s0) tlt:n era acv of wcltands nru ilar open N.c:er are.1s: ,tl 'r , NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary October 24, 2005 FAX: 910-353-0935 2 Pages Jacksonville Daily News Legal Advertisement Section Post Office Box 196 Jacksonville, North Carolina 28540 Re: Public Notice - Town of North Topsail Beach Dear Sir: Please publish the attached Notice in the October 27, 2005 issue. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Jaye Poole, Division of Coastal Management, 1638 Mail Service Center, Raleigh, North Carolina 27699-1638, and a copy to me at the address below. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. Sincerely, A4-�� Shaun Simpson Coastal Management Admin. Assistant Enclosure cc: Doug Huggett Ted Tyndall File Copy 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-796-7215\Fax: 910-395-3964\Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an Area of Environmental Concern as designated under the CAMA was received on October 14, 2005. According to said application, the Town of North Topsail Beach proposes to repair the dune system that was damaged during Hurricane Ophelia, encompassing the entire beach strand from the Surf City Town Limits north to the New River Inlet, adjacent to the Atlantic Ocean in North Topsail Beach, Onslow County. A copy of the entire application may be examined or copied at the office of Jon Giles of N.C. Dept. of Environment and Natural Resources, Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, North Carolina 28405, 910-796-7289 during normal business hours. Comments mailed to Charles S. Jones, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to November 17, 2005, will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. L •Via NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley,Governor Charles S.Jones,Director William G.Ross Jr.,Secretary October 21,2005 Town of North Topsail Beach Attn: Loraine Carbone,Interim Town Manger,and Authorized Agent 2008 Loggerhead Court North Topsail Beach,N.C. 28460 Dear Mrs. Carbone: The Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of property located on the entire beach strand from the Surf City Town Limits to the New River Inlet, adjacent to the Atlantic Ocean, in North Topsail Beach,Onslow County. It was received complete on 10/14/05, and appears to be adequate for processing at this time. The projected deadline for making a decision is 12/28/05. 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 10/14/05,you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b)requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a 'Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be:Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made,and if additional information is required,you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, Jon Giles Field Representative Enclosure cc: Doug Huggett,DCM Jim Gregson,DCM District Manager Henry Wicker, COE Ted Tyndall,DCM Sue McLaughlin(LPO) 127 Cardinal Drive Ext.,Wilmington,North Carolina 28405-3845 Phone: 910-796-72151 FAX: 910-350-20041 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper J J AMA . MIT APPLIED F AUL CT: !i D pt msc, fir oe cl G cl A It bre on, 2L.rws i C TAA09A :/ ArA CoA 10 .SION un V�/ • COMMI---NTS ACCEPTED THROUGH _ a _7'A 2-60sr APPLICANT: FOR MORE DETAILS CONTACT �- THE LOCAL PERMIT OFFICER BELOW: /O/uflf d� ,�/� �itG� Of f 1—die. ` �•,� 1�� .� ��. l� OeN Onslow County,NC Property Record Card Page 1 of 1 RECEIVED OWNERSHIP 10082005 36919 301 (PROPERTY DESCRIPTION ITAX SUBDIVISIONS IMAP NUMBMM ONWM1N GTON, NC THE BRASS PELICAN INC IOLD SET 4 B27 L7 ISTUMP SOUND TWP 1 804 45, -1 I ITOWN OF SURF CITY IRECORD NUMBER: 3 PO BOX 965 1 I (ROUTE 1050013p ff 4 2005 HILDEBRAN NC 28637 ITHE BRASS PELICAN PUB ITEMP-424512 61 ILISTER:A/D926 5 DEED:1727 528SO7062001 60000-221N NEW RIVER DR SR 1568 I IREVIEW:K/D062001 ......... TOPO ISTREET JUTILITY IZONING 0.18 ACRES NBHD 4 B 4 I I PAVED TALL PUB 71-6-5 ........30......... 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C� G W J7 ID CD IU c; CD r • z All n �.. 03 T ll1, Y L� r; O OCO tTt z Z [- l U z SENDER:COMPLETE THIS SECTION 0 Z ■ Complete items 1,2,and 3.Also complete A. Signature Ocm 4 if Restricted Delivery is desired. ❑Agent N ■ Print your name and address on the reverse X ❑Addressee W z Attach that can return the card t you. B. Received by(Printed Name) C. ■ this card to the back of the e mailpiece, Date of Delivery U '� or on the front if space permits. W U 1. Article Addressed to: D. Is delivery address different from item 17 ❑Yes G If YES,enter delivery address below: ❑ No 0 U LA-) 02 y1s 73. Service Type Certified Mail ❑ Express Mail t C11 Registered Return Receipt for Merchandise ❑ Insured Mail C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7004 2890 0003 7347 1784 (Transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 i Onslow County,NC Property Record Card Page 1 of 1 OWNERSHIP 10082005 51437 470 (PROPERTY DESCRIPTION ITAX SUBDIVISIONS IMAP NUMBERS V E D PADGETT PROPERTIES ITPSL SH EXT L ISTUMP SOUND TWP D I (NORTH TOPSAIL BEACH IRECOR 01 MN GTO N, NC PO BOX 309 (CITY RESTRICTED I IROUTE 0 JACKSONVILLE NC 28541 1 ITEMP-429808 10 ILISTER:G/V 10594- 5 DEED:1781 604P11302001 - 21RIVER RD I IREVIEW:K/DO VT 14 2005 T PO STREET IUTILITY ZONING ACRES �J BHD ILEVEL I UI`RT I I NOTES: (LAND CLASS I SIZE IBASERATE*FRNT*DPTH*ADJ=ADJRATE*UNITS=LND-VALUE IT-T3 WFICW F DI I I I I ILAND VALUE: 100 MOTHER FEAT I SIZEERA E OND =ADJRATE*UNITS=O B-VALUE I I I I I I I IOTHER VALUE: 0 IFNDATI NIXTRFNISHIR 0 YPE R OFMTRL SIZE TY I I I I I I I I I I I I I I I I I I IWALLFNSHIFLOORS (HEAT&AIRIHEATFUELI I I I I I I I I I I I I I I I I I I I I I VACANT 0I STRUCTUREISKTCH-SF*STHT- AREA RATE*GRDF+HEAT+EXWL WLHT-ADJRAT* AREA- RP N DEPF*CNDF=STR-VALUE STRUCTURE VALUE: 0 VALUATION1 VAL E P EV- AL. - TOTAL VALUE LAND 337LV/AC OTHERFEATI I 1 01 1 1 1 1 STRUCTURE( I 1 01 1 1 1 1 TOTAL I I 1 1001 5001 2081 1 1 APPRAISED-VALUE: Show with Larger Font 7ad� o26gb eoo3 73q7 175)1 http://maps.co.onslow.nc.us/cgi-bin/onslow/CreatePRC_2.pll?recNum=34581 10/13/2005 • s CERTIFIED U.S. Postal Service,. Er �1. (DomesticOnly;No Insurance Coverage • •-• For delivery information visit our website at www.usps.com%, r- t` FPS m p - Postage $ m Certified Fe O NC O iK i,' Return Receipt Fee 'V 5 Posture rk ED eU 00He(Endorsement Required) J( O Restricted Delivery Fee Q" (Endorsement Required) CO fU Total Postage&Fees ga O Sent To � Z ONI 4HO�f3e IIVSdOl HiHOV O ..`` f 3`treet;Apt_194HflOID'0 tir<3KWID. r+ ----------------------- orPoeo50921?��15A11•.:'L. 3�2[`��O_I�IMO.L---------------- City,State,ZIP+4 • :00 June 2002 •1 SECTIONSENDER:COMPLETE THIS COMPLETE THIS SECTIONON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. ❑Agent X ❑Addressee ■ Print your name and address on the reverse z so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, Z Ln or on the front if space permits. W C Q D. Is delivery address different from item 1? ❑Yes \ — C=� 1. Articl Addressed to: If YES,enter delivery address below: ❑ No N W CD �o�X 309 ii 3. Service Type O 4 Certified Mail ❑ Express Mail ❑ Registered Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7004 2890 0003 7347 1791 (Transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540; RECEIVED J DCM WILMINGTON, NC OCT 14 2005 October 13, 2005 To Whom It May Concern: This letter tis notification that the Town of North Topsail Beach is making an application to the Division of Coastal Management for a Major CAMA Permit to repair dune damage caused by Hurricane Ophelia. The location of the dune restoration is the entire length of the Town of North Topsail Beach. It is a requirement of the CAMA Major Permit application that all adjacent landowners with riparian rights be notified. If you have questions regarding this notification,you may call me at the number below or Mr.Jon Giles at the Division of Coastal Management(910-395-3900). If you object to this proposal,please contact me at 910-328-1349: Thank you for your cooperation in this matter. Cordially, Sue McLaughlin CAMA LPO 2005/0CT/201Hti 05:56 PM TOWN N TOPSAIL BEACH FAX No. 910 328 4508 F. 002 RE; Project Description for CAMA.Major Pez3.t Application for the Town of North Topsail Beach Hurricane Ophelia caused erosion damage to approxirpately 80%of the dune system in the Town of North TopsaU Beach,. The town's beach is approximately 11.6 miles or 58,000 linear feet. The Town ofNorth Topsail Beach is applying for a Major CAMA Permit to correct the erosion escarpment along the entire beach. The Town;of North Topsail Beach is proposing to bulldoze,haul beach compatible sand, and screen over washed sand from town roads. In areas,that the dune system was breached through the town is proposing to haul in approved beach compatible sand,the sand will match the grain size on the beach. There are 12 breaches and the town will use approximately 12 cubic yard per linear feet of sand to U. La areas that the erosion escarpment is between 3 feet to 10 feet,a.bull dozer will be used to scrape sand from low water mark to a depth of one foot and moved to the erosion escarpment.In areas that were breach through the town has stocked piled sand that will be screened and move to the dune by articulating trucks to fill in breaches. The stocked pile sand is estimated at 2100 cubic yards and is located at Ocean Drive(Ocean City pier)and Nerw River Inlet Road. The estimated time period for this project is six months;the town is proposing to start at the end of the turtle season. The town is currently advertising for qualified contractors to complete this project. The Board of Aldeimeu should award the contract on November 3, 2005 at their regular nee cLaug in 2008 LOGGERHEAD COURT NORTH TOPSAIL BEACH, NC 28460 PHONE (910)328.1349 FAX(910)328.4508 www.nWh-topsail-be ch_M Rp001, OF CpM+. UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration zoos P�.o-` NATIONAL MARINE FISHERIES SERVICE T4TE5 Of Southeast Regional Office 263 13' Avenue South St. Petersburg,Florida 33701 July 7, 2005 1 Colonel Charles R. Alexander, Jr. District Engineer, Wilmington District I I JUL 1 1 2005 Department of the Army, Corps of Engineers Regulatory Division Morehead City DCM P. O. Box 1890 Wilmington, North Carolina 28402 -1890 Attention: Mickey T. Sugg Dear Colonel Alexander: The National Marine Fisheries Service (NUTS) has reviewed Action ID No. 200500344 describing plans submitted by the Town of North Topsail Beach (NTB)to nourish 7.25 miles of ocean beach and relocate New River Inlet in Onslow County, North Carolina. The key purpose of the project is to alleviate shoreline erosion. Based on information contained in the public notice; coordination with the applicant's consultant; and our knowledge of the project area, we are concerned that the proposed activities would adversely impact living marine resources. The first phase of the project would involve dredging to reposition the New River Inlet (NRI)navigation channel to a more central location, and dredging Cedar Bush Cut (CBC). CBC is a 2.0-mile-long navigation channel that links NRI to the Atlantic Intracoastal Waterway and New River(NR)Estuary. The dredged material from this work would be placed along a 1.1-mile-long section of beach at NTB and on the south end of Onslow Beach. The second phase would utilize material dredged from an offshore barrow area to nourish the remaining 6.15-mile-long section of ocean beach at NTB. An inlet management plan would be developed to monitor and maintain the inlet channel once it is relocated. The South Atlantic Fisheries Management Council (SAFMC) has designated habitats in both the NR estuary and NRI as essential fish habitat (EFH) for a variety of federally managed species. These habitats include estuarine tidal marsh, tidal creeks, mud bottoms, and inner marsh which are utilized by larval and juvenile brown and pink shrimp and juvenile red drum. Similar EFH is found in the vicinity of CBC and the proposed NRI channel realignment. Submerged bottoms containing sand and shell substrate is common throughout the overall project area and has been designated as EFH for larval and juvenile pink shrimp, and eggs, larvae and adult red drum which spawn in and near the inlet. Both the NR Estuary and NRI are designated as `gyp ATMOS�CpC P p. 0 i eW OC9gTMENT Of C��� geographically defined Habitat Areas of Particular Concern (HAPC) for the above mentioned species. HAPC are those areas which due to their rarity, susceptibility to human-induced degradation, ecological importance, or location in an environmentally stressed area, are EFH. Submerged aquatic vegetation (SAV), which is also present in the project area, is designated as EFH and HAPC for larval and juvenile brown, white, and pink shrimp and red drum. Based on a recent aerial survey by the North Carolina Division of Marine Fisheries (NCDMF) of coastal waters between Bogue Inlet and Wilmington, the extent of SAV in this region of the state is considerably greater than originally thought. According to the applicant's consultant, digital aerial photography of the project area will be acquired and used to identify SAV and oyster reefs. (Oyster reefs are designated as EFH for adult red drum.) Both SAV and oyster reefs are designated as high-quality habitats by the NCDMF and are managed under their Coastal Habitat Protection Plan. In addition to concerns associated with the effects of dredging, we are also concerned that the proposed offshore borrow area may be located near live/hard bottom habitats designated as EFH and HAPC for federally managed species. In the southeast, the SAFMC manages commercially and recreationally important marine fishes associated with live/hard bottom EFH. Fishes that utilize these areas include members of the snapper-grouper complex such as scamp, gray snapper, white grunt, and black seabass. Finally, the estuarine and marine water column in the project area is designated as EFH for summer flounder, bluefish, and spiny dogfish which are under the jurisdiction of the Mid- Atlantic Fishery Management Council (MAFMC). The beachfront surf zone, a subcategory of marine water column EFH is important habitat for juvenile summer flounder and bluefish. This relatively high energy environment also supports invertebrate species such as coquina clams and mole crabs that are important components of the near shore and surf zone food webs. Other fishes of commercial, recreational, and ecological importance found in the project area include Atlantic croaker, spot, Atlantic menhaden, striped mullet, and pinfish. These species also serve as prey for species such as king mackerel, Spanish mackerel, cobia, and others that are managed by the SAFMC, and for highly migratory species (e.g., tuna, billfishes, and sharks) that are managed by the NMFS. Detailed information on federally managed fisheries and their EFH is provided in the 1998 amendments of the Fishery Management Plans of the South and Mid- Atlantic Regions prepared, respectively, by the SAFMC and the MAFMC. The amendments were prepared in accordance with provisions of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) (P.L. 104-297). Project activities that could adversely affect EFH and HAPC include dredging of the CBC, dredging to relocate and maintain the NRI channel, dredging in the offshore borrow site, and the placement of dredged material on the ocean beach and in the existing inlet channel (as needed for channel relocation). Notably, the public notice provides no information on the dimensions or alignment of the relocated inlet channel or dredge and fill activities associated with closing the existing inlet channel. Dredging of intertidal and subtidal shoals to relocate the NRI channel would adversely impact EFH. The public notice provides no information on the location or dimensions of the offshore borrow area. Dredging for fill material would deepen the area and eliminate benthic invertebrates that may be present and which are consumed by near-shore fishes such as bluefish, summer flounder, and spiny dogfish. Studies have documented aspects of recovery of similar offshore borrow sites; however, recovery of the proposed borrow site offshore of NTB has not been evaluated. The presence of submerged hard/live bottoms located offshore of NTB is of special interest and concern to us. The offshore excavation of sand could harm this highly important EFH if fine sediments become suspended by dredging and are redeposited here by local currents. Absolute assurance that these habitats will not be adversely impacted will be needed in order to meet the EFH conservation requirements of the Magnuson-Stevens Act. We further note that recent nourishment of Bogue Banks beaches in Carteret County has shown that existing techniques used to locate suitable borrow materials and locations are not always accurate, and unsuitable material may be placed on the beach. Material with a higher percentage of shell or fines than that found on the existing beach may adversely impact surf zone EFH and associated fauna. The surf zone provides habitat for fishes such as whiting,Florida pompano, and southern flounder that are highly sought after by recreational fishers. Consequently, any project related change in sediment type and/or degradation of water quality that supports these species is of concern. Planned development of an inlet management plan is mentioned in the public notice, but necessary details concerning associated environmental effects are lacking. The frequency of maintenance of a relocated inlet channel has a direct bearing on species abundance and diversity. The NMFS is concerned that frequent maintenance will create a situation where population recovery is continually interrupted and precluded. Also, given the number and distribution of beach nourishment projects located to the north and south of the proposed project, the regional cumulative effect could be substantial and needs to be evaluated. The NMFS is also concerned that area to be nourished is a part of the Coastal Barrier Resource System (CBRS). CBRS designation was intended to protect the natural character of a site by prohibiting the expenditure of federal funds that might encourage development. Although it does not appear that federal monies would be spent for proposed work, there is some overlap with federal expenditure for maintenance of NRI. This, along with measures needed to conserve natural habitats within the CBRS, need to be fully addressed. Clearly, the Wilmington District should not authorize any activity that contravenes the purposes of the CBRS or other natural resource conservation mandates. Based on the preceding, and in the absence of an environmental assessment or impact statement, or EFH assessment, we provide the following: EFH Conservation Recommendation Department of the Army authorization should be withheld pending full disclosure of all significant environmental impacts and an EFH assessment is provided for NMFS review. r i Consistent with Section 305(b)(4)(B) of the Magnuson-Stevens Act and NMFS's implementing regulations at 50 CFR 600.920(k), your office is required to provide a written response to our EFH recommendation within 30 days of receipt. Your response must include a description of measures to be required to avoid, mitigate, or offset the adverse impacts of the proposed activity. If your response is inconsistent with our EFH conservation recommendation, you must provide a substantive discussion justifying the reasons for not implementing those recommendations. If it is not possible to provide a substantive response within 30 days, the Corps of Engineers should provide an interim response, to be followed by the detailed response. The detailed response should be provided in a manner to ensure that it is received by the NMFS at least ten days prior to final approval of the action. These comments do not satisfy your consultation responsibilities under Section 7 of the Endangered Species Act of 1973, as amended. If any activity(ies) "may effect" listed species and habitats under the NMFS purview, consultation should be initiated with our Protected Resources Division at the letterhead address. Thank you for the opportunity to provide these comments. Please direct related questions or comments to the attention of Ronald Sechler in our Beaufort Field Office at 101 Pivers Island Road, Beaufort,North Carolina 28516-9722, or at (252) 728-5090. Sincerely, Miles M. Croom Assistant Regional Administrator Habitat Conservation Division cc: USFWS, Raleigh NCDCM, Morehead City EPA, Whittier