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HomeMy WebLinkAboutSurf City Beach Bulldozing Renewal Request 190-05DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Surf City 2. LOCATION OF PROJECT SITE: The project site is the entire beach strand from the North Topsail Beach Town Limits south to the Topsail Beach Town Limits, adjacent to the Atlantic Ocean, in Surf City, Onslow & Pender Counties. Photo Index - 2000: 25-327 through 25-332 1995: 25-310 through 25-317 1989: 4 173 10 through 4 173 20 State Plane Coordinates - X: 2,438,618 Y: 248,687 GPS File: Q 102817A 3. INVESTIGATION TYPE: CAMA / Dredge and Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 10-27-05 Was Applicant Present — Yes 5. PROCESSING PROCEDURE: Application Received — Complete on 10-28-05 Office — Wilmington 6. SITE DESCRIPTION: 0 (A) Local Land Use Plan — Surf City Classification From LUP — Community (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: 2' / year Source— 1998 LTAASCR HABITAT DESCRIPTION: [AREA] DREDGED ELLLED QTHER (A) Vegetated Wetlands (B) Non -Vegetated Wetlands - open water (C) Other (Ocean Beach) 6.2 miles (Disturbed) (D) Total Area Disturbed: Approximately 91 acres (E) Primary Nursery Area: N/A (F) Water Classification: SB Open: N/A 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: 910-796-72151FAX: 910-350-20041Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper Surf City Page Two 9. PROJECT DESCRIPTION: The Town of Surf is located in the middle portion of Topsail Island in Onslow & Pender Counties. The project location is the entire beach strand from the North Topsail Beach Town Limits south to the Topsail Beach Town Limits, adjacent to the Atlantic Ocean, in Surf City, Onslow & Pender Counties. Surf City received severe erosion to the dune system during Hurricane Ophelia. The Town lost approximately 20' — 30' of their protective dunes system. At minimum the Town lost the waterward'/z of the dunes. There is an average erosion escarpment of 9' 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 Surf City Land Use Plan classifies the upland areas of this project as Community. 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 Surf City is 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 4' to 10' from the existing level of the dry sand beach with a 2:1 slope. If the bulldozing does not result in sufficient sand to repair the dunes to their original dimensions then the Town is proposing to truck in additional beach compatible sand. 10. ANTICIPATED IMPACTS The proposed project will impact approximately 91 acres of the dry sand beach and the inter -tidal zone. Of this area, the dry sand beach is approximately 6.2 miles long and, of the date of this report, averages approximately 35' in width, or approximately 25 acres. The remainder of the 91-acre project area is within the inter -tidal zone. The push will result in the relocation of approximately 148,148 cubic yards of sand from the unvegetated beach to the dune system. Submitted by: J. W. Giles Date: October 31, 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 Aff rmative Action Employer - 50% Recycled 110% Post Consumer Paper Form DCM-M -1 RECEIVED DCM WILMINGTON, NC APPLICATION OCT z' 2005 (To be completed by all applicants) b. Citytown, community or landmark 1. APPLICANT �ItCF C\-�L\ a. Landowner: Name-CotU(1 or Su e Cat Address P 0 Zo� - aLIE; CityStLfF Citl State l�C, Zip 01'�yyb Day Phone g10-3H-y-131 Faxcl -1-413a b. Authorized Agent: Name �j Chael (noo(-e Address V. 0 - % a4­16 City jibe C\�V State Zip a� � ti J Day Phone q l0 -3ag - 401 Faxon -Sag 43a c. Project name (if any) Sure CiiS{DV7��oln �rDIZCt NOTE.' Permit will be issued in M gflmido r(r), and/Or pmjea �. 2. LOCATION OF PROPOSED PROJECT a. County `ir&_c c. Street address or sect a'7 road number d. Is proposed work within city limits or planning jurisdiction? X Yes No e. Name of body of water nearest pro ect (e.g. river, creek, sound, bay) f4k(V i"\C 6 0-'e(A 1 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation annd/or filling activities � �c'rt--1c� 0.1��• �{ iQe�lk�t r�G �s4C UF.i-�,Li P b. Is the proposed activity maintenance of an existing project, new work, or both? _60-�k c. Will the pr ject be for public, private or commercial use? t I C. L LLI d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additional oa¢ess.ThO, nll t-OM,'- 0 F-4h0. Revised 03195 RECEIVED DCM WILNIINGTON, NC Form DCM-MP-1 UT 2 ). 9.005 m. Describe existing wastewater treatment facilities. 4. LAND AND WATER ("10ne� CHARACTERISTICS a. Size of entire tract Loa n, 6 l es o(= heCl �A n. Describe location and type of discharges to waters CDClt- of the state. (For example, surface runoff, sanitary b. Size of individual lot(s) t­� R wastewater, industrial/commercial effluent, "wash down" and residential discharges.) 1' One, c. Approximate elevation of tract above WV pri NWL YLneS UJI%i1�1QlAI ��.1 �C f(� li(l� d. Soil type(s) and textures of tr ct ��ar� o. Describe existing drinking water supply source. 5�� ron->Ga+�ol�� e. Vegetation on tract Owtoi f. Man-made features now on tract B(CO-) 5. ADDITIONAL INFORMATION g. What is the CAMA Land Use Plan land classification of the site. (Contall the loajl to d are plm.) In addition to the completed application form, the following items must be submitted: Conservation _ Transitional _ Developed _Y,_ Community A copy of the deed (with state application only) or Rural _ Other other instrument under which the applicant claims title to the affected properties. If the applicant is not h. H w is the tract zoned by local government? claiming to be the owner of said property, then CS\ek-If.-I 4-3 MP( .106 forward a copy of the deed or other instrument under which the owner claims title, plus written permission i. Is the proposed project consistent with the applicable from the owner to carry out the project. zoning? '/-- Yes No (Anach zoning compliance ceniji=e, if appli=ble) • An accurate, dated work plat (including plan view and cross-sectional.drawings) drawn to scale in black j. Has a professional archaeological assessment been ink on an 8 1/2" by 11" white paper. (Refer to done for the tract? _ Yes X No Coastal Resources Commission Rule 7J.0203 for a If yes, by whom? detailed description.) k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? _ Yes X No I. Are there wetlands on the site? _ Yes X No Coastal (marsh) Other If yes, has a delineation been conducted? (Anach do=&wn=don, if available) Please note that original drawings are preferred and only high quality copies will be accepted. Blue -line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the Rertud 03/95 DCM WILMINGTON, NC OCT 2 1 2005 Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. • A Stormwater Certification, if one is necessary. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Upon signing this form, the applicant further certifies that such notice has been provided. Name t�ber� w• Po►zer Address lle.0,(-Qn Phone amneSV1lle., 4L401-1 Name �1i0%Gf ✓ lY1 d V�mCtt�Cn K• (artn Address �OIDO �OYI(,1r1 tl psi Phone OOpCCS ttr PA 1 03(a Name Address Phone A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. rew-�:�F 1Ja0Jg8 e� mtt iVg qg� 1'uut,ofSu�Fct 1, glaslq�l -d���v�d pec(�t�Siyoh oe�iztt0lut�ecS • A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. • A signed AEC hazard notice for projects in oceanfront and inlet areas. • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 to 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. 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND 1 understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. I certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. This is the 02 � day of Qc h761✓ , pp zao s' Print Name J. m" a e l At eo 1 e Signature lOi o--r or Authorized Agee Please indicate attachments pertaining to your proposed project. DCM MP-2 Excavation and Fill Information _ DCM MP-3 Upland Development _ DCM MP-4 Structures Information _ DCM MP-5 Bridges and Culverts _ DCM MP-6 Marina Development NOTE. Please sign and date each attachment in the space provided at the bottom of each farm. Revised 03195 DCM WILMINGTON, NC FormDCM-MP-2 OCT 2 1 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 other sections of the Joint Application that relate to this proposed project. Describe below the purpose of proposed excavation or fill activities. All values to be given in reel. Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stabilimtion) Average RaW Existing Project son ONION NONE NONE NONE itENNEI a. Amount of material to be excavated from below MHW or NWL in cubic yards b. Type of material to be excavated Sa ro c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? _ Yes _'�, No d. Highground excavation in cubic yards 0 2. DISPOSAL OF EXCAVATED MATERIAL, NM rl a. Location of disposal area b. Dimensions of disposal area c. Do you claim title to disposal area? _ Yes _ No If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? —Yes _No If yes, where? Revised 03195 DCM WILMINGTON, NC Form DCM-MP-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes No f. Does the disposal include any area in the water? Yes No 3. SHORELINE STABILIZATION N A a. Type of shoreline stabilization Bulkhead Riprap b. Length c. Average distance waterward of MHW or NWL d. Maximum distance waterward of MHW or NWL e. Shoreline erosion during preceding 12 months (Source of information) f. Type of bulkhead or riprap material g. Amount of fill in cubic yards to be placed below water level (1) Riprap (2) Bulkhead backfill h. Type of fill material i. Source of fill material 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? Yes No OCT 2 1 2005 If yes, (1) Amount of material to be placed in the water (2) Dimensions of fill area (3) Purpose of fill b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? _ Yes _ No If yes, (1) Dimensions of fill area (2) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept on site and erosion c3*trolled? C E"a-h Orl- �� r -�n I(l,liYl .yea. tis b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? _34c oar c. Will wetlands be cr ssed in trans orting equipment to project site? _ Yes No If yes, explain steps that will be taken to lessen environmental impacts. Sure Gbi� '�LL(V ti2S1�(A� tOYI{�D1�� Applkant or ProjMault— v SigAgtur LV / 2-N o 5 Date Revised 03/95 O�O� W ATE9QG c r O Y Town of Surf City c/o Mr. J. Michael Moore PO Box 2475 Surf City, NC 28445 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources December 9, 2005 Subject Property: Surf City Beach Dune Restoration Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Moore: Alan W. Klimek, P.E. Director Division of Water Quality DWQ Project # 052016 Pender County RECEIVED DCM WILMINGTON, NC DEC 0 9 ?nn5 You have our approval, in accordance with the attached conditions and those listed below, to temporarily impact approximately 66.0 acres of the inter -tidal zone of Surf City Beach for the purpose of restoring the vegetated dunes at the subject property, as described within your application dated October 20, 2005 and received by the N.C. Division of Water Quality (DWQ) on November 1, 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 imoacts: Amount Approved (Units) Plan Location or Reference Stream N/A (feet) 404 Wetlands N/A (acres) Waters (Inter -tidal Zone) 66.0 (acres) From North Topsail Town Limits south to Topsail Beach Town Limits Buffers N/A (square ft.) North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington Regional Office Wilmington, NC 28405-3845 An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper Phone (910) 796-7215 Customer Services-877-623-6748 FAX (910) 350-2004 Internet: h2o.enr.state.nc.us Nne orthCarohna Aqw, Aff Town of Surf ; ity 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 dama ed by l�t QWAA1 {➢ia. Any future activity that includes work in the inter -tidal zone will re r� a;T4WUWGlC" W ity Certification. DEC 0 9 7nnF Town of Surf City 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. Sincer y, mil_+Jf��^ems! ''�✓�r4i.�� - Alan W. Klimek, P.E., Director Division of Water Quality AWK/nml Enclosures: GC 3400 Certificate of Completion RECEIVED DCM WILMINGTON, NC DEC 0 9 7nnF 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: 052016.dec t a i REGEIVC7D OCM WILMINGTON, NC DEC 0 9 )nnr� WQC #3400 CAMA PERMIT CERTIFICA rMT TI r. CAIWA air 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 a&rtyy'yy'�t��'��(E(��C��r�qq � �tE D NC - applicable portions of Sections 301, 302, 303, 306 and 307 of the Public LaW9-50t}#M o 17" N� if conducted in accordance with conditions hereinafter set forth. D E C 0 9 ?nn� 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; 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-1 and WS-11 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 2B.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 town 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 violati@�,ggpt a conditions herein set forth by a specific fill project shall result in revocation of this CertifiMatit FthVrk[EU and may result in criminal and/or civil penalties. Lu1CC;; WILMINGTON, NC DEC 0 9 ?nn5 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. WQC # 3400 Effective date: March 2003 DIVISION OF WATER QUALITY By Alan W. Klimek Director RECEIVED DCM WILMINGTON, NC DEC 0 9 ?nnr� 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 used in the observation of the compliance and intent of the 401 and other supporting materials. Signature: Agent's Certification I, used in the observation of the compliance and intent of the 401 and other supporting materials. Signature: hereby state that, to the best of my abilities, due care and diligence was construction such that the construction was observed to be built within substantial Water Quality Certification and Buffer Rules, the approved plans and specifications, RECEIVED Date: DCM WILMINGTON, NC DEC 0 9 7nnq , hereby state that, to the best of my abilities, due care and diligence was construction such that the construction was observed to be built within substantial Water Quality Certification and Buffer Rules, the approved plans and specifications, 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 ab ilities, 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 appr-oved plans and specifications, and other supporting materials. Signature: Registration No. Date OC-.31.205 8:31AM SURF CITY TOWN HALL 10.699 P. 3 SURF CITY DUNE RESTORATION PROJECT Hurricane Ophelia severely damaged the protective dune structure in Surf City. As a result of the Presidential declaration, );EMA has authorized the Town of Surf City to haul in sand to areas of the beach that were the most severely damaged. The Town of Surf City also proposes to bulldoze sand from low tide in an effort to repair the escarpment created by Hurricane Ophelia, Upon completion of the bulldozing efforts, the Town will plant vegetation on the repaired dune structure. The parameters of the project extend 6.2 miles on the beachfront from the city limits of Topsail Beach to the city limits of North Topsail Beach. The Town will use an experienced contractor, in beach bulldozing activities, to push sand according to CA1vlA guidelines (one foot cut, following contour of existing grades, etc.). The duration of the beach bulldozing is expected to last from 4 to 6 weeks, depending upon the weather. In areas designated by FEIvIA, sand will be hauled in from an approved site to repair the escarpment. No wetlands will be affected. All Surf City residents, on the ocean front, have been notified and pernilssion from the individual property owners will be solicited to perform the activities listed above on private property. The Town of Surf City expects a very high percentage of approvals. The two adjacent property owners, the Polzers and the Griffins, have been notified by certified mail. vegetation activities will take place as soon as arrangements can be made after the bulldozing work is complete. The vegetation work will be coordinated with the Division of Coastal Management, as per their direction. OSf9%0644v^OS+R6C2+A'n'..: Sti�i3(4Ki!' .:: '-i 0.W�tMNO}XA::..'. �944RSW.-0%'iT:K99dWLY.:,Y'JiW+`Ofd%dPi4:.::vYtr%OOY4Lph`J8%ig94YW'%AOPO4h}{'. :...:':00.+:. �+lii: Permit Class Pc -.nit i,,amber NEW 19G-0 --- S ' ATE OF NORT ; CAROLINA -- — R ECEI V EDDepartmcnt of Environtrtenl ,utd Natural Resources DCM WILMINGTON, NC and Coastal Resources Commission DEC 1 3 2005 r r t a for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Town of Surf Citv, PO Box 2475. Surf Citv. NC 28445 Authorizing development in Pender/Onslow County at Atlantic Ocean and ocean beach, within limits of Town of Surf City , as requested in the permittee's application dated 10/20/05 Incl. attached drawings 1-4 of 4 all dated 10/20/05 & attached AEC Hazard Notice dated 10/20/05. 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 other qualified persons within twenty (20) days of the issuing 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 hereunder requires further Division approval. 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 Management Program. Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. Chftles S. Jones, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee ::-w>c<-:<oew,-;ak..,wswwese»;oo:.:;.;o;->o::ceosr.:e•.nc<.>;o.::.:<u.•,a0000>:mv.:x��rs:.aow� 1.:., I'll :.:.c111X.cone^xe<o.1,.X. x..auwun;.:w.>:.:�wo flown of Surf City Permit III90­0:: Page 2 of 3 r ADDITIONAL CONDITIONS 3) Only beach quality sand shall be used for dune rehabilitation proposes. Prior approval from the Division of Coastal Management shall 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 ofEngineers and the NC Wildlife Resources Commission. 6) All material used in dune construction 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. eu-s9(-Ymea14 x4•a:N•tL<.^>T.:a:.isrM.>:Jx::.,Wfui .w,1m1T:..ra JxC:.o:�-I!L:'>»:.iy.9Y:;:;:-i,c:.::.4.w,, w4,f...: I.,",)h4'-xS 1O.. fowu of Surf City Permit 090-0°; Page 3 of ;i ADDITIONAL. CONDITIONS Eruiai1ered "pecies Protection 15) Immediately after completion of beach nourishment activities, monitoring shall be. conducted to determine if escarpments are present that would affect nesting sea hurtles 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 District Engineer, Wilmington Branch, U.S. Army Corps of Engineers at (910) 251-4629, and the N.C. Division 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 state, federal or local permits, approvals or authorizations that may be required, including any required for any off -site borrow areas. NOTE: The permittee 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. 2005600158. NOTE: The N.C. Division of Water Quality has assigned the proposed project DWQ Project No. 052016. TOPSAIL SOUND I u I v O U �9C DUNE$ M NF,R � 1CT CD 1.. c BOL ANC ' yN0 .'O'P DDR O Pl 9 E f ZO 5 DR IOGvRE TJE NNIF ER s E_DR -RD TOPSAIL SOU.N'LD_.�--"��. C`M,r i STAL �o ii l 1 e.0 .l'pr�s 2' 1`— . �SWING BRIDGE SURF CITY I� T'D9 V'S TOPSAIL DR NEW_\50 ORE DR — RIVER O 1210� o _ MCP (SR 15 I' SURF r cIrr o - �+ = PIER BARNACLE BILL'S PIER ATLANTIC OCEAN 0 0 _ (J V } ty UI ClT'IfiS �OTCH'�80 PIER NORTH E nO�A DAr�s STE B1NANNEI Da OSSNf *_717 pq�E N+. �D_IL:AD. ?r� !— C s C E < Fps, o Gq LIMITS J�OCEAN CITY w pfER APPRO%. 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