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HomeMy WebLinkAbout91-05 Minor Mod. 04/2006 Permit Class Permit Number MODIFICATION/MINOR 91-05 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission Copy eLr mtt for rZ*rz X Major Development in an Area of Environmental Concern. ` pursuant to NCGS I I3A-118 X Excavation and/or filling pursuant to NCGS 113-229 MAY J 2 2006 Mir Issued to Town of Ocean Isle Beach Three West Third Street Ocean Isle Beach-1V>C gW91d Lilt vY Authorizing development in Brunswick County at Shallotte Inlet and Atlantic Ocean, east end of Ocean Isle Beach as requested in the permittee's application dated letter dated 2/17/06 This permit,issued on April 28, 2006 , is subject to compliance with the application(where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action;or may cause the permit to be null and void. 1) Unless specifically altered herein, this minor modification authorizes: a. The use of a new borrow site known as the"Lakes of Lockwood Borrow Site"; b. A one-time approval to extend the beach deposition window until May 1, 2006. NOTE: For any future beach nourishment activities, the excavation and deposition periods listed in Condition No. 1 of the original permit shall remain in force. 2) All equipment and pipeline materials shall be removed from the beach by May 1 to prevent i interference with sea turtle nesting. 3) Only beach quality sand shall be used for beach nourishment purposes. (See attached sheet 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 personnel when the project is inspected for compliance. Any maintenance work or project modification not covered CW S. Jones, Director hereunder requires further Division approval. Division of Coastal Management All work must cease when the permit expires on This permit and its conditions are hereby accepted. December 31, 2008 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Sign re of Permittee Town of Ocean Isle Beach Permit#91-05 ADDITIONAL CONDITIONS Page 2 of 2 3) Only beach quality sand suitable for sea turtle nesting, successful incubation and hatchling emergence shall be used for beach nourishment purposes. Furthermore, sand of similar grain size to the existing beach shall be used to reduce any changes in physical characteristics of the beach that may affect nest survival. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. 4) This minor modification shall be attached to the original of Permit No. 91-05, which was issued on 5/28/05, and copies of both documents shall be readily available on site when a Division representative inspects the project for compliance. 5) All conditions and stipulations of the original permit remain in force under this minor modification unless specifically altered herein. ^...Y W-A. 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 May 2, 2006 Town of Ocean Isle Beach Three West Third Street Ocean Isle Beach, NC 28469 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 pen-nit 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, Douglas V. Huggett Major Permits and Consistency Manager Enclosure 400 Commerce Avenue, Morehead City, NC 28557 Phone: 252-808-2808\ FAX: 252-247-3330\ Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 1 10%Post Consumer Paper DEPARTMENT OF THE ARMY WILMINGTON DISTRICT,CORPS OF ENGINEERS PO BOX 1890 :** WILMINGTON NC 28402-1890 May 4,2006 , Regulatory Division Action ID. 200500360 C 03 The Town of Ocean Isle Beach MAY 1 7 Attn: Ms. Debbie Smith, Mayor Three West Third Street mgr Ocean Isle Beach,North Carolina 28469 P OLtu '.Ly LJO Dear Mayor Smith: Please reference your February 17, 2006 request to modify your Department of the Army (DA)Permit issued on September 27,2005,which authorized the dredging of 135,000 cubic yards of sand from the Shallotte Inlet and depositing it on 2700 linear feet of ocean beach adjacent to the inlet, on the west side of Ocean Isle Beach,Brunswick County,North Carolina. The proposed modification requests approval to utilize a previously approved 9.5 acre upland borrow site(Lake at Lockwood)because the Town was not able to contract with a dredge to do the original project and extend the period of sand placement on the beach and beach construction through the end of April. In accordance with your written request and the enclosed additional special conditions, your permit is hereby modified to utilize the upland borrow site(Lake at Lockwood) for beach nourishment. However, since the April 30 time frame to do work has past, the request for your completion date for work on the beach to be extended this year is not authorized. All other conditions of your permit remain in full force and effect. If the permitted work is not completed on or before the date herein specified, the authorization, if not previously revoked or specifically further extended, will cease and become null and void. Sincerely, S. Kenneth Jolly ?yt Chief, Regulatory Division Enclosure -2- Copy Furnished(with enclosure): Coastal Science &Engineering Post Office Box 1643 Morehead City,North Carolina 28557 Copies Furnished(without enclosure): Chief, Source Data Unit NOAA/National Ocean Survey ATTN: Sharon Tear N/CS261 1315 East-West Hwy. Rm. 7316 z r Spring, MD 20910-3282 oug Huggett ion of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City,North Carolina 28557 Mr. Jim Gregson, District Manager Division of Coastal Management North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington,North Carolina 28405 Mr. Pete Benjamin U.S. Fish and Wildlife Service Ecological Services Post Office Box 33726 Raleigh,North Carolina 27636-3726 Mr. Ron Sechler National Marine Fisheries Service Pivers Island Beaufort,North Carolina 28516 Aria 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 MEMORANDUM JQ� IJ - TO: Doug Huggett �O FROM: Jim Gregson � 04 District Manager, Wilmington DATE: April 13, 2006 SUBJECT: Modification Request CAMA Major/ Dredge and Fill Permit No. 91-05 Town of Ocean Isle Beach Brunswick County The Town of Ocean Isle Beach is requesting a modification to State Permit No. 91-05. Permit No. 99-01 was issued to the Town of Ocean Isle Beach on June 28, 2005, for beach nourishment along 2,700 linear feet of the east end of Ocean Isle Beach utilizing an existing Shallotte Inlet borrow site. Permit No. 91-05 will expire on December 31, 2008. The applicant is requesting a modification to State Permit No. 91-05 to authorize the use of a highground borrow site with material being trucked to the beach. The Town is proposing to utilize the "Lakes of Lockwood Borrow Site" currently authorized for beach nourishment by the Town of Holden Beach. The Town is currently in the process of confirming the exact amount of sand available in the borrow site but anticipates approximately 50,000 to 90,000 cubic yards. The existing permit authorized the placement of 135,000 cubic yards. The Town states that the use of the upland borrow site will result in a reduction in the section volume and overall length of the project, however, berm elevations and seaward slope will remain the same. The Town is also requesting a time extension to allow construction to take place until May 1. The applicant will be forwarding a check to this Office in the amount of$100.00 for the modification request. cc: Wilmington Files I CAN ' Ted Tyndall (DCM) r Henry Wicker (COE) Steven Everhart (WRC) APR ]: 9 Z006 Morehead City DCM 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-796-721 5 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer .... ............ d e CM WI,_MINGTON, NC FEB >: 2 2 2006 February 17, 2006 CAMA Mr. Jim Gregson,District Manager 127 Cardinal Drive Ext. Wilmington,NC 28405 RE: P/N ID#91-05 Beach Construction, Town of Ocean Isle Beach,Brunswick County,NC Request for Modification Dear Mr. Gregson, I am writing on behalf of the Town of Ocean Isle Beach to request a modification to the above referenced permit. Because federal dredging of Shallotte Inlet and nourishment of Ocean Isle Beach could not be accomplished this year, the Town wishes to perform nourishment using an alternate,beach quality sand source. The Town has access to an approved upland sand source encompassing 9.5 acres at"Lakes at the Lockwood". The Town is requesting modification of the permit to allow sand from this source to be excavated, loaded and trucked in-the-dry to our project area at the east end of Ocean Isle Beach. The Town is in the process of confirming the quantity of sand available in the Lockwood site. It is our understanding that approximately 7.5 acres of this property is currently available for use. We anticipate purchasing 50,000 to 90,000 cy (volume pending funding availability and unit costs) for placement on our beach. This is equivalent to excavating approximately 4 to 6 feet of section out of the entire site. I understand that your office has already approved the site for use as beach fill for Holden Beach. The Town has contracted with Coastal Science and Engineering for the preparation of a Quality Assurance Monitoring Plan as required by your office. A copy of this plan is attached. Our existing permit allows for up to 135,000 cy to be placed via hydraulic dredge. We are requesting this modification to allow a portion of the permitted fill volume to be obtained from an inland source. We understand that any inland volume placed will TOWN OF OCEAN ISLE BEACH/THREE WEST THIRD STREET/OCEAN ISLE BEACH, NC 28469/(910) 579-2166 r reduce the remaining volume to be placed hydraulically, according to the terms and special conditions of the existing permit. The beachfill plan using the Lockwood borrow source will entail a reduction in section volumes and overall length. Berm elevations and seaward slopes, however, will remain the same as described in our original application. We are also requesting a time extension of the permit to allow construction activities on the beach until May 1st because of unforeseeable delays in getting this request to your office. The Town intends to comply with all other special conditions of the permit. Please feel free to contact our office if you have any questions or need additional information regarding our request for modifications. Thank your for your time and consideration in this matter. Sincerely, TOWN OF OCEAN ISLE BEACH Alid, '�/� Daisy L. Ivey Town Administrator Enc. DLI/klc CSC Ocean Isle Beach (NC) East End Nourishment Project QUALITY ASSURANCE MONITORING PLAN BACKGROUND The Town of Ocean Isle Beach(NC)is considering performing nourishment along the east end of Ocean Isle Beach using an inland sand source, "The Lakes at Lockwood." CSE has been retained to assist the town with engineering for the project. Following is the quality assurance plan for implementation. 1) Verification of Borrow Sediment Quality and Quantity • Preconstruction site visit to "Lakes at Lockwood" and confirmation of its avail- ability, area, and potential depth for borrow sand excavations. [An estimated 35 acre-feet are needed to provide -50,000 cubic yards (cy). This is equivalent to an approximate 4-foot average cut over the reported 9.5-acre site that has been pre-approved by the US Army Corps of Engineers-H Wicker, pers comm, February 2006.] • Sediment grab samples (approximately 6-8) from the proposed borrow area. • Perform size-distribution tests and percent mud determination on all samples. • Compare borrow area sediment characteristics with native beach characteristics, compute RAs using the SPM-James method. • Determine whetherthe proposed borrow sediment meets draft NC CRC criteria for beach sediment quality. 2) Recommended Payment Method • CSE will recommend one of three possible means of establishing the basis for payment to the contractor: - Payment in the pit based on before and after surveys. - Payment on the beach based on before and after surveys. - Payment based on truck counts and agreed-upon volumes per load (with adjustments for variations in truck sizes). Coostol Science&Engineering 1 Quality Assurance Monitoring Plan [2163-01-QA] East End—Ocean Isle Beach COX • Measurement and payment method will be prescribed in plans and specifications. 3) Project Monitoring and Surveys • Perform preconstruction condition survey on the beach to establish baseline condi- tion. • Provide daily on-site representation during construction through a combination of town public works personnel and CSE personnel. • Perform daily sediment sampling and testing of placed sand on the beach (one sample per day) and weekly sampling in the pit. [Test for grain-size distribution and mud content— if mud is observed in measur- able quantities.] • Maintain records of truckload deliveries. • Establish procedures for refusing delivery of and payment for truckloads that do not meet the specifications detailed in the plans. • Provide sufficient detail in the project plans and specifications so as to give the contractor grades, slopes, and limits for subject fill placement. • Check contractor's placement of the sand according to the project specifications. • Note discrepancies and deviations from the plans with respect to quantities and sediment quality, recommending adjustments to payment requests by the con- tractor and/or rectification procedures to correct deviation. 4) Final Survey Report • Perform a postproject survey of the beach and compute volumes placed. • Provide to the town a summary of work performed. • Provide copies of contractor's daily reports,truck tickets, etc,to constitute a perm- anent record of work accomplished. • Recommend acceptance of the project. Coastal Science&Engineering 2 Quality Assurance Monitoring Plan [2163-01-QA] East End—Ocean Isle Beach h` A p gg p(y � North Carolina Wildlife Resources Commission Richard B. Hamilton, Executive Director MEMORANDUM TO: Doug Huggett NCDENR/DCM Jim Gregson NCDENR/DCM Henry M.Wicker USACE FROM: Steven H. Everhart,PhD,CWB ANA4,C94— Southeastern Permit Coordinator Habitat Conservation Section DATE: April 20,2006 SUBJECT: Ocean Isle Beach NCDENR CMDF Permit#91-05 Modification Request. Biologists with the North Carolina Wildlife Resources Commission(NCWRC)have reviewed the request to modify the permit with regard to impacts on fish and wildlife resources. Our comments are provided in accordance with provisions of the Coastal Area Management Act(G.S. 113A-100 through 113A-128),as amended,and the Fish and Wildlife Coordination Act(48 Stat.401, as amended; 16 U.S.C. 661 et seq.). The permit authorized the nourishment along 2700 linear feet of the east end of Ocean Isle Beach. The applicant is requesting to modify the permit to utilize an existing borrow site commonly referred to as the Smith Site and to be allowed to extend the deposition work for the project until May 1,2006. The east end of Ocean Isle Beach provides important habitat for shorebird and sea turtle nesting. We have the following concerns/recommendations: • All equipment and pipeline materials are to be removed from the beach by May 1 to prevent interference with sea turtle nesting. • In the use of materials from the Smith Site on Holden Beach,there were compatibility problems that arose as a result of sand color in regard to incubation temperatures for sea turtles. We have coordinated with the U.S. Fish and Wildlife Service(USFWS)and support their recommendation Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Ralcigh,NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 Ocean Isle Beach Permit Mod to#91-05 2 April 20,2006 that a monitoring program, similar to the one for Holden Beach,be established with Dr. Matthew Godfrey,NCWRC Sea Turtle Biologist,to address this issue. • We also support the USFWS recommendation that deposition begin at Station 17+00 and proceed eastward but not continue past Station 0+00 to protect important shorebird habitat. Further,we recommend that the Town of Holden Beach coordinate with Ms. Sue Cameron,NCWRC Waterbird Biologist,to post(ropes and signs)the shorebird nesting area on the east end of Ocean Isle Beach to prohibit foot traffic,pets,and/or any sort of disturbance to nesting. • As there seems to be a pattern developing of requesting extensions into the environmental moratoria,we strongly recommend that alternative arrangements be developed in the future. The NCWRC concurs with granting the modification request,provided it is conditioned on our recommendations. We share concerns with the US Fish and Wildlife Service and concur with any recommendations they have. We appreciate the opportunity to review and comment on this request. If you need further assistance or additional information,please contact me at(910)796-7436. CC: Howard Hall,USFWS Sue Cameron,NCWRC Matthew Godfrey,NCWRC �n DEPARTMENT OF THE ARMY WILMINGTON DISTRICT,CORPS OF ENGINEERS PO BOX 1890 WILMINGTON NC 28402-1890 May 4, 2006 Regulatory Division t� Action ID. 200500360 oij MAY 2 2 '1006 Morehead City UCM The Town of Ocean Isle Beach Attn: Ms. Debbie Smith, Mayor Three West Third Street Ocean Isle Beach,North Carolina 28469 Dear Mayor Smith: Please reference your February 17, 2006 request to modify your Department of the Army (DA)Permit issued on September 27, 2005, which authorized the dredging of 135,000 cubic yards of sand from the Shallotte Inlet and depositing it on 2700 linear feet of ocean beach adjacent to the inlet, on the west side of Ocean Isle Beach, Brunswick County,North Carolina. The proposed modification requests approval to utilize a previously approved 9.5 acre upland borrow site(Lake at Lockwood)because the Town was not able to contract with a dredge to do the original project and extend the period of sand placement on the beach and beach construction through the end of April. In accordance with your written request and the enclosed additional special conditions, your permit is hereby modified to utilize the upland borrow site (Lake at Lockwood) for beach nourishment. However, since the April 30 time frame to do work has past, the request for your completion date for work on the beach to be extended this year is not authorized. All other conditions of your permit remain in full force and effect. If the permitted work is not completed on or before the date herein specified, the authorization, if not previously revoked or specifically further extended, will cease and become null and void. Sincerely, S. Kenneth Jolly Chief,Regulatory Division Enclosure 1 -2- Copy Furnished (with enclosure): Coastal Science &Engineering Post Office Box 1643 Morehead City,North Carolina 28557 Copies Furnished(without enclosure): Chief, Source Data Unit NOAA/National Ocean Survey ATTN: Sharon Tear N/CS261 1315 East-West Hwy. Rm. 7316 Silver Spring, MD 20910-3282 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City,North Carolina 28557 Mr. Jim Gregson, District Manager Division of Coastal Management North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Mr. Pete Benjamin U.S. Fish and Wildlife Service Ecological Services Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Ron Sechler National Marine Fisheries Service Pivers Island Beaufort,North Carolina 28516