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HomeMy WebLinkAbout20081373 Ver 1_More Info Received_20080915D8- 1373 401 WATER QUALITY CERTIFICATION APPLICATION PACKAGE 2008 MAINTENANCE DREDGING "CONCRETE" CANALS 0 TOWN OF OCEAN ISLE BEACH OCEAN ISLE BEACH, NORTH CAROLINA CTT Project #5490.02 August 2008 CRISER TROUTMAN TANNER Ef?@wwpmp SEP 1 5 2008 DENR - WATER QUALITY WETLANDS AND STORMWATER BRANCH CRISER TROUTMAN TANNER CONSULTING ENGINEERS WILMINGTON, NC • RALEIGH, NC P.O. Box 3727 Wilmington, NC 28406 1 3809 Peachtree Ave. Suite 102 Wilmington, NC 28403 p 910.397.2929 f 910.397.2971 cttengineering.com Table of Contents Narrative Description Pre-Construction Notification (PCN) Application Form Appendix A: Previous CAMA Major Permit #59-96 Appendix B: Agent Authorization Appendix C: Fishery Nursery Areas Appendix D: Drawings Sheet No. Title CO Cover Sheet S1 Overall Dredge Plan & Control Sheet S2 Enlarged Plan - Canals 12 & 13 S3 Enlarged Plan - Canals 10 & 11 S4 Enlarged Plan - Canals 8 & 9 S5 Enlarged Plan - Canals 6 & 7 S6 Enlarged Plan - Canals 4 & 5 S7 Enlarged Plan - Canals 1, 2 & 3 S8 Enlarged Plan - Canal 18 S9 Enlarged Plan - Canals 18 & 19 S10 Enlarged Plan - Canals 19 S11 Overall Disposal Area Plan & Control Sheet S12 Enlarged Disposal Area Plan S13 Enlarged Disposal Area Plan S14 Disposal Area Details 2008 MAINTENANCE DREDGING - "CONCRETE" CANALS TOWN OF OCEAN ISLE BEACH OCEAN ISLE BEACH, NC Background The small boat access "Concrete" canals off of the Atlantic Intracoastal Waterway (AIWW) in Ocean Isle Beach were created in the 1960's to provide water access to residential homeowners. The series of seventeen (17) shallow-draft canals provides boating access to approximately eight hundred (800) properties, allowing easy access to the adjacent AIWW and Atlantic Ocean for purposes such as fishing, recreation and navigation. The last maintenance dredging of these canals was performed in 1996. Over the last twelve years, significant shoaling has occurred resulting in inadequate depths in areas along these canals. This project proposes to accomplish maintenance dredging in these canals in the approximate footprint of previous permitted dredging activities. Project Description This maintenance dredging project proposes to use a hydraulic pipeline dredge to remove approximately 56,650 CY of dredge material in approximately 23,990 linear feet of canal within the dredge template as shown on the maps contained in this application package. All material excavated will be pumped to US Army Corps of Engineers Disposal Area No. 306, located approximately 1/2 mile west of the Odell Williamson Bridge along the AIWW. Pipeline corridors will be established to ensure that no marsh areas or sensitive vegetation are disturbed. The locations of floating and submerged pipeline will be clearly marked, and navigation notices will be sent out to ensure boaters in the area are aware of any potential hazard to navigation. Dredge prisms have been shown based on the previously obtained permits and notes are on drawings to bring any possibly affected marsh areas or sensitive vegetation within the dredge prism to the attention of the Engineer. All dredging will be performed during the months of November thru March when biological life in the surrounding waters will be at a minimum. An application for a CAMA Major Permit was submitted to the NC Division of Coastal Management on September 2, 2008 and is currently under review. An application for a Consent Agreement with the US Army Corps of Engineers for use of Disposal Area No. 306 was submitted on August 20, 2008 and is currently under review. Environmental Impacts Since the maintenance dredging will be performed during minimal activities of biological life, it is believed that environmental impacts resulting from the dredging activities proposed in this project, in general, will be relatively minimal. All of the canal bottoms consist of sand, sediment and detritus and have had maintenance dredging performed in 1996 as well as earlier dates. With this maintenance project being directly correlated to previously approved CAMA Major Permits and permit requirements, as well as performed within limitations of previously approved contract documents, this project is in compliance with the North Carolina Environmental Policy Act. SEP 0 g 2008 I Office Use Only: , Form Version March 08 USACE Action ID No. DWO No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 1. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ? Riparian or Watershed Buffer Rules ® Section 10 Permit ? Isolated Wetland Permit from DWQ ? 401 Water Quality Certification ® Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: Concurrently going through CAMA Express program 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: ? 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: D ?'J L5 u II. Applicant Information SEP 1 5 2008 1. Owner/Applicant Information Name: Town of Ocean Isle Beach - Daisy Ivey DENRin$wokTER J& ? RgRpNCH Mailing Address: 3 West Third Street WEI Lm" Ocean Isle Beach, NC 28469 Telephone Number: (910) 579-7070 Fax Number: (910) 579-8804 E-mail Address: daisey@oibgov.com 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Robert Walker Company Affiliation: Criser Troutman Tanner Consulting Engineers Mailing Address: 3809 Peachtree Avenue Suite 102 Wilmington, NC 28403 Telephone Number: (910) 397-2929 Fax Number: (910) 397-2971 Page 5 of 13 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: 2008 Maintenance Dredging "Concrete" Canals 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): Approx 800 riparian properties -See Appendix A 4. Location County: Brunswick Nearest Town: Ocean Isle Subdivision name (include phase/lot number): "Concrete" canals Directions to site (include road numbers, landmarks, etc.): Traveling south on US-17, turn left on Ocean Isle Beach Road and continue 3.5 miles. Then merge onto Causeway Drive and continue 1.1 miles until reaching 2nd Street. Turn left on Second Street and continue 1 mile. Project area (dredge areas) are the "Concrete" canals directly on the left (north side of 2nd Street). 5. Site coordinates (Lat/Long or decimal degrees): 33° 53' 40" N: 78° 25' 17" W (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Property size (acres): 51 acres +/- 7. Name of nearest receiving body of water: Atlantic Intracoastal Water Way 8. River Basin: Lumber (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http:/%h2o.enr.state.ne.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Existing canals are used for navigation, recreation, and fishing. Disposal Area 306 is used by the USACE for disposal of dredged material. Page 6 of 13 10. Describe the overall project in detail, including the type of equipment to be used: Dredging will utilize a hydraulic dredge to remove dredge material from canals and place material in an existing disposal basin as shown on the attached map in accordance with all conditions issued as part of the permit 11. Explain the purpose of the proposed work: Provide sufficient water depths for small vessel passa_ge into community canals by year round as well as seasonal residences IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. An application for CAMA Major permit was submitted on 9/2/08 and is currently under review. An application for a USACE Consent Agreement was submitted on 8/20/08 and is currently under review. V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. None. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. Page 7 of 13 1. Provide a written description of the proposed impacts: Temporal discharge of overflow water during dredging event through spillway structure at disposal island 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, canaratPly l;-,t imnactc dine to hoth ctnictiire and flnoding_ Wetland Impact Number (indicate on map) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 100-year F(yes/n) es/no) Distance to Nearest Stream (linear feet) Area of Impact (acres) N/A Total Wetland Impact (acres) 3. List the total acreage (estimated) of all existing wetlands on the property: 0.0 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams miist he included Tn calcrnlate acrenoe_ midtin1v length X width- then divide by 43.560. Stream Impact Number (indicate on ma) Stream Name Type of Impact Perennial or Intermittent? Average Stream Width Before Impact Impact Length (linear feet) Area of Impact (acres) N/A Total Stream Impact (by length and acreage) 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill- excavation- dredgina_ flooding- drainave_ hulkheads_ etc_ Open Water Impact Name of Waterbody Type of Waterbody Area of Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact (indicate on ma) ocean, etc.) (acres) Canals 1-13, 18, 19 dredging canal 15 Page 8 of 13 Town of Ocean Isle Beach CTT# 5490.02 2008 Maintenance Dredging Concrete Canals 2008 Maintenance Dredging "Concrete" Canals - Area Breakdown Canals 1-13 Canal # Length (L.F.) Dredge Width (FT.) Dredge Area (SF) Dredge Area (acres) 1 1,300 25 32,500 0.75 2 1,300 25 32,500 0.75 3 1,300 25 32,500 0.75 4 1,300 25 32,500 0.75 5 1,300 25 32,500 0.75 6 1,300 25 32,500 0.75 7 1,300 25 32,500 0.75 8 1,300 25 32,500 0.75 9 1,300 25 32,500 0.75 10 1,350 25 33,750 0.77 11 1,400 25 35,000 0.80 12 1,450 25 36,250 0.83 13 1,500 25 37,500 0.86 "Tees" for Canals 1-13 Canal # Length (L.F.) Dredge Width (FT.) Dredge Area (SF) Dredae Area (acres) 1 280 20 5,600 0.13 2 280 20 5,600 0.13 3 280 20 5,600 0.13 4 280 20 5,600 0.13 5 280 20 5,600 0.13 6 280 20 5,600 0.13 7 280 20 5,600 0.13 8 280 20 5,600 0.13 9 280 20 5,600 0.13 10 280 20 5,600 0.13 11 280 20 5,600 0.13 12 280 20 5,600 0.13 13 280 20 5,600 0.13 "Header" Canals 18 & 19 Canal # Length (L.F.) Dredge Width (FT.) Dredge Area (SF) Dredge Area (acres) 18 1,900 40 76,000 1.74 19 1,850 40 74,000 1.70 Total Dredge Area = 657,800 SF = 15.10 acres Total Open Water Impact (acres) 6 List the cumulative impact to all Waters of the U.S. resulting from the ro'ect. Stream Impact (acres): Wetland Impact (acres): Open Water Impact (acres): 15 Total Impact to Waters of the U.S. (acres) 15 Total Stream Impact (linear feet): 7. Isolated Waters Do any isolated waters exist on the property? ? Yes ® No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. 8. Pond Creation N/A local stormwater requirement, etc.): Current land use in the vicinity of the pond: If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, Size of watershed draining to pond: Expected pond surface area: VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. Dredge areas have been minimized to the ereatest extent possible while allowing for continued navigation. Dredging activities will be limited to the months of November through March when biological activity will be at a minimum. VIII. Mitigation Page 9 of 13 DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at htlp://h2o.enr,state.nc.us/ncwetlands/strmgide.html. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at httpJ/h2o.enr.state.nc.us,/wrp/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet):. Amount of buffer mitigation requested (square feet): Page 10 of 13 Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): IX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ® No ? 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* I Impact Multiplier Required 1 3 (2 for Catawba) 2 1.5 Total * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the Page 11 of 13 Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B.0242 or.0244, or.0260. XI. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. N/A XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. N/A XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development which could impact nearby downstream water quality? Yes ? No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state. nc.us'ncwetlands. If no, please provide a short narrative description: XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). Page 12 of 13 llt?, (Q??Sa -OvTOM TANWN 7 ITr I-D 1 Appticant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 13 of 13 APPENDIX A Permit Class NEW STATE OF NORTH CAROLINA Departlent of Environment, Health & Natural Resources and Coastal Resources Commission - c? r for O'tIIS??? j 2J = ^NI?a or Development in an Area of Environmental Concern OOAS? A1- Pr1'a.t?AG?? pursuantto NCGS 113A-118 Issued to Pennit Number - 59-96 X Excavation and/or filling pursuant to NCGS 113-229 Town of Ocean Isle Beach, Three W. Third St., Ocean Isle Beach, NC 28469 authorizing development in East 2nd Street - . Brunswick AIWW, 13 "concrete" canals and connector adj. County at 1/5/96 including attacheSworkplan - as requested in the permittee's application dated drawings, 3, listed in Condition No. 1, below. This permit, issued on APRIL 24, 1996 _ , 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 L.. ,...t.:,.,..... „ r,.,o ;.,,;onnmPnt nr riv;t ar-tinn- nr may cause the permit to be null and void. vv .. ,. _J..,..,. ........., ---"r 1) The project will be carried out in keeping with the following workplans: .... "Canal Dredging Project" .... dated 12/14/95, Spoil Area Plan dated 2/14/95 (does not include "Entrance Canals under this permit), and "Typical Spoils Area Discharge" .... dated received 1/18/96. 2) In order to protect juvenile shrimp and finfish populations, no excavation or filling will be permitted between April 1 and September 30 of any year without the prior approval of the Division of Coastal Management, in consultation with the Division of Marine Fisheries. 3) Use of the spoil area must be approved by the USACOE prior to any subsequent maintenance project. 4) The activity will be conducted in a way that prevents a significant increase in turbidity outside of the area of construction or construction-related discharge. Increases such that the turbidity (See attached sheet for Additional Conditions) This permitaction 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 Departmental approval. A1,11 work ust ce se y?yn ermit expires on Becern er 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 die Secretary of DEHNR and the Chairman of the Coastal Resources Commission. age . S hecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittce Town of Ocean Isle Beach ADDITIONAL CONDITIONS Permit #59-96 Page 2 of 2 in the waterbody is 25 NTUs or less are not considered significant. 5) Excavation will not exceed six (6) feet below the elevation of mean low water (MLW). 6) All excavated materials will be confined above mean high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. 7) The disposal area effluent will be contained by pipe, trough or similar device to point at or beyond the mean low water level to prevent gully erosion and unnecessary siltation, and shall discharge to CLOSED shellfish waters. 8) The terminal end of the pipeline will be positioned at or greater than fifty (50) feet any part of the dike and a maximum distance from spillways to allow settlement of suspended solids. 9) A water control structure will be installed at the intake end of the effleent pipe to assure compliance with water quality standards. 10) The spoil area will be properly graded and provided a ground cover sufficient to restrain erosion within thirty (30) working days of project completion. 11) An inspection of the soil disposal area is required prior to initiation of dredging. 12) No excavated or fill materials will be placed any time in any vegetated wetlands or waters. 13) No vegetated wetlands will be excavated or filled. 14) This permit does not authorize the interference with any existing or proposed Federal project. The permittee will not be entitled to compensation for damage or injury to the authorized structure or work that may be caused from existing or future operations undertaken by the United States in the public interest. 15) No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or next to the authorized work, Use of the permitted activity must not interfere with the public's right to free navigation on all navigable waters of the United States. NOTE: The Division of Environmental Management approved this project on April 2, 1996 under General Water Quality Certification No. 2668. NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must be filed at least thirty (30) days prior to the beginning of any land-disturbing activity. Submit this plan to the Dept. of Environment, Health and Natural Resources, Land Quality Section, 127 Cardinal Dr., Wilmington, NC 28405-3845. APPENDIX B AG LTZI NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F Easley, Governor James H. Gregson, Director William G. Ross Jr.. Secretary Date ? I1[US Applicant Name Mrs. Daisy L. Ivey, Town Administrator Mailing Address 3 West Third Street Ocean Isle Beach, NC 28469 I certify that I have authorized (agent) Criser Troutman Tanner to act on my behalf, for the purpose of applying for and obtaining all CAMA Permits necessary to install or construct (activity) Maintenance Dredging of "Concrete" Canals at (location) between Via Old Sound Blvd. and Lee St. in Ocean Isle Beach This certification is valid thru (date) May 1, 2009 Signature 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer - 50% Recycled '• 10% Post Consumer Paper APPENDIX C Background imagery are U.S. Geological Fishery Nursery Areas Fishery Nursery Areas Survey 1:100,000-scale planimetric maps. Primary Permanent Secondary Q Special Secondary i Q Military Danger Zones and Restricted Areas locator map inland waters (`NRC lunsdiction) Map 28 Map Datum: NAD63 Map Projection: NC State Plane Map Date: July 2006 1000 0 1000 2000 Yards 0.7 0 0.7 1.4 Miles eAN a a, APPENDIX D