HomeMy WebLinkAbout20011836 Ver 2_CAMA Application_20090205Heather Finnell
LO Y
From: Chad Coburn [chad.coburn@ncmail.net]
Sent: Wednesday, February 04, 2009 10:13 AM
To: Heather Finnell
Subject: Re: Holden Beach Permit
Attachments: chad.coburn.vcf
Yes, RECD r E B 4
They can ask for me. My number is 910-796-7379 if you need it.
Thanks
Heather Finnell wrote:
>
> Chad,
> My Town Manager would like someone to drive up there today with the
> check. Do you want them to ask for you? Please let me know if that is
> still okay.
> Thanks,
> Heather
1
2009
Fax To: Chad Coburn
From: Doug Huggett,
Subject: Permit Modification request submitted by Town of Holden Beach
Attached please find a copy of a modification request submitted by the Town of Holden Beach. Specifically,
the Town is requesting that their existing permits be modified to allow for additional nourishment activities
along several stretches of beach within the Town's limits. According to my files, DWQ has assigned two
difference project numbers to this project (011836 and 061005).
I would like to ask that you review the proposed request and let me know as soon as possible what actions, if
any, DWQ will be requiring for this activity. The Town has indicated that time is of the essence on this project,
as they are seeking FEMA assistance for this activity.
If you have any questions concerning this request, please let me know at your earliest convenience. Thanks in
advance for your attention to this matter.
400 Commerce Ave., Morehead City, NC 28557 One
Phone: 252-808-28081 FAX: 252-247-3330 Internet: www.nccoastalmanagement.net No ffiCarollina
An Equal Opportunity 1 Affirmative Acdon Employer Amiaif
Q?x
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Beverly Eaves Perdue, Governor James H. Gregson, Director Dee Freeman, Secretary
MEMORANDUM
TO: Doug Huggett
Permits Section
FROM: Debra Wilson ,9'1/
District Manager, Wilmington
THROUGH: Steven H. Everhart, PhD
District Manager, Wilmington
N?yya?
V"M
is, OWED
JAN 2 9 2009
Morehead City DGM
DATE: January 26, 2008
SUBJECT: Modification Request
CAMA Major / Dredge and Fill Permit No. 14-02
Town of Holden Beach
Brunswick County
Mr. David Hewett, Town Manager of the Town of Holden Beach has requested a modification to State Permit
No. 14-02. Permit No. 14-02 was issued to the Town of Holden Beach on February 1, 2002, for the
nourishment of approximately 5.7 miles of oceanfront shoreline utilizing upland sand sources from Oyster
Harbour Subdivision and Seascape Subdivision, which at that time were development projects under
construction in the area. The fill placed on the ocean beach was to supplement and extend the Federal Section
933 project. On February 27, 2002, Permit No. 14-02 was amended to add a section in condition (4)
concerning the requirement for the delineation of the first line of stable natural vegetation prior to any beach
nourishment activity.
On February 6, 2003, Permit No. 14-02 was modified to authorize an additional borrow site as a source for
obtaining beach quality material for the project. This site is located within the Lakes at Lockwood development.
On October 24, 2005, Permit No. 14-02 was modified/renewed to include the following:
(1) increasing the original volume of material from 735,000 cy to 800,000 cy.
(2) extending the eastern permit boundary an additional 850 linear feet
(3) extending the permit expiration date to December 31, 2008
(4) increasing the design berm height to +8 ft. NGVD29, and disposal cross-sectional width to
approximately 300 ft., and
(5) to allow the use of a new borrow site known as the "Kirby Walter Borrow Site".
The previous violation No. 06-34D dated May 26, 2007 for the placement of non-beach compatible material has
been closed and the assessment has been paid. On October 1, 2007 the U.S. Army Corps of Engineers
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 ! Telephone 910-796-7215 ! Fax 910-350-2004
An Equal Opportunity Affirmative Action Employer
January 26, 2008
Page Two
reinstated the Town's permit with revisions. A copy of the letter from the Corps is attached with their required
revisions. On February 19, 2008, Permit No. 14-02 was renewed and will expire on December 31, 2009.
From February to March, 2008 the Town placed approximately 201,000 cy of beach compatible material from
the Smith borrow site on the beach. The applicant states that due to Tropical Storm Hanna on September 6,
2008, the beach suffered severe damage and lost most of this material. The Town is now in negotiation with
FEMA for potential support and mitigation for these damages.
The applicant is currently requesting a modification to Permit No. 14-02 to allow for the placement of
approximately 190,000 cy of material in a thin strip averaging approximately 8.1 cy/ft from Station 38+00 to
Station 272+00, an area which received sand in 2008 under this permit. The applicant states that the preferred
borrow area is the Smith site with the Turkey Trap road site as the backup site and the Boyd site will not be
used.
This Office has no objection to the project proposal provided that the compatibility of the borrow site material is
adequate.
The applicant submitted a check (check No. 019988) in the amount of $100.00 for the modification request.
cc: Wilmington Files
Ted Tyndall
Dave Timpy (COE)
Chad Coburn (DWQ)
Rich Carpenter (DMF)
Jeremy Humphrey (Shellfish)
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 ! Telephone 910-796-7215 ! Fax 910-350-2004
An Equal Opportunity Affirmative Action Employer
RECEIVED
OCM WILMINGTON, NC
Special Conditions O C T 0 5 2007
Action ID 200500360
Holden Beach Nourishment Project
September 10, 2007
In accordance with 33 U.S.C. 1341(d), all conditions of the North Carolina Division of Water
Quality 401 Certification and the North Carolina Division of Coastal Management CAMA Major
Permit are incorporated as part of the Department of the Army permit. Therefore, they are not
listed as special conditions.
1. All work authorized by this permit must be performed in strict compliance with the
attached plans, which are a part of this permit. Any modification to these plans must be
approved by the US Army Corps of Engineers (USACE) prior to implementation.
2. Except as authorized by this permit or any USACE approved modification to this permit,
no excavation, fill or mechanized land-clearing activities shall take place at any time in the
construction or maintenance of this project, within waters or wetlands. This permit does not
authorize temporary placement or double handling of excavated or fill material within waters or
wetlands outside the permitted area. This prohibition applies to all borrow and fill activities
connected with this project.
3. Except as specified in the plans attached to this permit, no excavation, fill or
mechanized land-clearing activities shall take place at anytime in the construction or
maintenance of this project, in such a manner as to impair normal flows and circulation
patterns within waters or wetlands or to reduce the reach of waters or wetlands.
4. All mechanized equipment will be regularly inspected and maintained to prevent
contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic
materials. In the event of a spill of petroleum products or any other hazardous waste, the
permittee shall immediately report it to the N.C. Division of Water Quality at (919) 733-5083,
Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous
Substances. Control Act will be followed.
5. The permittee shall advise the Corps in writing at least 2 weeks prior to beginning the
work authorized by this permit and again upon completion of the work authorized by this permit.
6. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands
shall be generated from an upland source and will be clean and free of any pollutants except in
trace quantities. Metal products, organic materials-(including debris from land clearing
activities), or unsightly debris will not be used.
7. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall provide
each of its contractors and/or agents associated with the construction or maintenance of this
project with a copy of this permit. A copy of this permit, including all conditions, shall be
available at the project site during construction and maintenance of this project
t-icLE1VEID
0CM WILMINGTON, NC
OCT 0 5 2007
8. The permittee shall employ all sedimentation and erosion control measures necessary to
prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit
area. This shall include, but is not limited to, the immediate installation of silt fencing or similar
appropriate devices around all areas subject to soil disturbance or the movement of earthen fill,
and the immediate stabilization of all disturbed areas. Additionally, the project must remain in
full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North
Carolina General Statutes Chapter 113A Article 4).
9. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration
before completion of the work will, without expense to the United States and in such time and
manner as the Secretary of the Army or his authorized representative may direct, restore the
water or wetland to its pre-project condition.
10. Violations of these conditions or violations of Section 404 of the Clean Water Actor
Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District
U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation.
11. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration
before completion of the work will, without expense to the United States and in such time and
manner as the Secretary of the Army or his authorized representative may direct, restore the
waterway to its former conditions. If the permittee fails to comply with this direction, the
Secretary or his representative may restore the waterway, by contract or otherwise, and recover
the cost from the permittee.
12. The authorized structure and associated activity must not interfere with the public's right
to free navigation on all navigable waters of the United States. No attempt will be made by the
permittee to prevent the full and free use by the public of all navigable waters at or adjacent to
the authorized work for reason other than safety.
13. The permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structure or work herein authorized, or
if, in the opinion of the Secretary of the Army or his authorized representative, said structure or
work shall cause unreasonable obstruction to the free navigation of the navigable waters, the
permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove,
relocate, or alter the structural work or obstructions caused thereby, without expense to the
United States. No claim shall be made against the United States on account of any such removal,
relocation, or alteration. The permittee shall notify NOAAINATIONAL OCEAN SERVICE
Chief Source Data Unit N CS261, 1315 E West HWY- RM 7316, Silver Spring, MD 20910-
3282 at least two weeks prior to beginning work and upon completion of work.
14. The permittee must install and maintain, at his expense, any signal lights and signals
prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities.
For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office
at (910) 772-2191.
2
mck.tIVED
)CM ?AiiLMINGTON, NC
O C T 0 5 2007
15. No nourishment material will be obtained in areas outside of the designated borrow as
depicted in the attached plan.
16. The contractors name, phone number, and address, including a field contact name and
number, will be submitted to the Wilmington District prior to any work.
17. Only beach quality sand shall be used for beach nourishment purposes. The new beach
nourishment material will be sampled daily to ensure that only beach compatible material will be
placed on the beach. If during the sampling process non-beach compatible material is or has
been placed on the beach all work will stop and the Corps will be notified to determine the
appropriate plan of action.
18. A sediment analysis must be provided to Dave Timpy, Wilmington Regulatory field
Office, US Army Corps of Engineers, Post Office Box 1890, Wilmington, North Carolina 28402,
on a daily basis to verify the compatibility of the material. This analysis will include, but not
limited to the location of the sample station, shell percentage, silt/clay content, grain size, and
color (by using Munsell Color Chart).
19. If submerged cultural resources are encountered during the operation, the District
Engineer will be immediately notified so that coordination can be initiated with the Underwater
Archeology Unit (UAU) of the Department of Cultural Resources. In emergency situations, the
permittee should immediately contact Mr. Chris Southerly at (910/458-9042), Fort Fisher, so that
a full assessment of the artifacts can be made.
20. Construction time frame will be restricted to November 16 to March 31. No work will
occur outside this time period. All activity, including mobilization efforts is restricted from the
beach prior to November 16. Upon completion of work, all equipment must be removed by
March 31.
21. No deep ruts will be left on the beach upon completion of the project.
22. A representative of the Corps of Engineers will periodically and randomly inspect the
work for compliance with these conditions. Deviations from these procedures may result in
cessation of work until the problem is resolved to the satisfaction of the Corps.
23. In issuing this permit, the Federal Government does not assume any liability for:
a. Damages to the permitted project or uses thereof as a result of other permitted or
unpermitted activities or from natural causes.
b. Damages to the permitted project or uses thereof as a result of current or future
Federal activities initiated on behalf of the general public.
c. Damages to other permitted or unpermitted activities or structures caused by the
authorized activity.
3
FiECEIVLD
DCM WILMINGTON, NC
O C T 0 5 2007
d. Design and construction deficiencies associated with the permitted work.
e. Damage claims associated with any future modification, suspension, or revocation of
this permit.
24. A pre-construction meeting must be held with our office at least two weeks prior to
conducting the work to ensure the contractor fully understands the conditions of this permit.
Participates may include, but not limited to, representatives from NC Division of Coastal
Management, NC Division of Water Quality, NC Wildlife Resource Commission, and U.S.
Coast Guard.
25. This Department of the Army permit does not obviate the need to obtain other Federal,
State or local authorizations required by law.
26. This permit authorizes beach nourishment activities to be carried out one time along the
entire reach of the requested project area. Any request to carry out additional activities within the
area where nourishment activities have been completed under this permit will require additional
authorization.
27. The permittee will fund a monitoring program to measure nest and sand temperatures
compared to an unmanipulated control area. Funding would include the use of field resistant
data loggers and compensation for fieldwork and analysis. Matthew Godfrey, Sea Turtle
Coordinator of the North Carolina Resources Commission, and David Rabon of the USFWS
would coordinate the monitoring program. This plan must be approved by the Corps before it is
initiated.
28. The permittee will perform the "Beach Nourishment Monitoring Plan" and the "Macro-
invertebrate Beach Monitoring Plan" as stated in the October 31, 2005, letter from Applied
Technology and Management of North Carolina, Incorporated. These reports will be provided to
the Wilmington Regulatory Field Office. A copy of the "Macro-invertebrate Beach Monitoring
Plan" will be also sent to the National Marine Fisheries Service, Beaufort, North Carolina.
29. All necessary precautions and measures will be implemented so that any activity will not
kill, injure, capture, pursue, harass, or otherwise harm any protected federally listed species (sea
turtles, whales, manatee, shortnose sturgeon, and piping plover). While accomplishing the
authorized work, if the permittee discovers or observes a damaged or hurt listed endangered or
threatened species, the District Engineer will be immediately notified so that required
coordination can be initiated with the U.S. Fish and Wildlife Service and/or National Marine
Fisheries Service.
30. If submerged cultural resources are encountered during the operation, the District
Engineer will be immediately notified so that coordination can be initiated with the Underwater
Archeology Unit (UAU) of the Department of Cultural Resources. In emergency situations, the
permittee should immediately contact Mr. Chris Southerly at (910/458-9042), Fort Fisher, so that
a full assessment of the artifacts can be made.
4
31. The permittee will monitor the wetlands at the mine site to determine whether wetland
hydrology is maintained. If wetland hydrology is lost due to mining activities, adequate
compensatory mitigation will be provided.
32. All upland borrow material placed on the beach will evaluated by color using the l0YR
page in a Munsell Color Chart. Only material (10YR) 8/4,7/4, 6/3, and 5/3, or less chroma will
be placed on the beach. If any material is placed on the beach does not meet this criterion all
work must stop and the Corps must be notified to determine the appropriate action.
33. During the execution of the beach nourishment monitoring plan the Corps is requiring
that each site in the eight sample profiles have documentation of the soil colors using the Munsell
Color Chart. Each site will have colors documented at the surface, -0.5 foot, -1 foot and -2 feet.
34. Weekly color monitoring at the established beach nourishment sample sites where
upland borrow is placed will be required as soon as the beach profile has been established is
placed at that location. This monitoring will provide documentation of how quickly the material
begins to bleach out and how much the color changes. Each site should have colors documented
at the surface, -0.5 foot, -1 foot and -2 feet.
35. Project construction shall be in accordance with the Town of Holden Beach Quality
Control Plan dated May 9, 2007. .
36. A third party independent inspector shall be. contracted by the permittee, after approval
by the Wilmington Regulatory field Office. This inspector will monitor all work and shall
immediately stop work upon the failure of the permittee to meet the terms and conditions of this
permit.
37. All material used for the beach nourishment must be compatible and clean and free of
any pollutants except in trace quantities. During construction operations, a sediment analysis of
the material placed on the beach, including shell (calcium carbonate) percentage will be
submitted to the Wilmington District, Regulatory Division, Wilmington Regulatory Field Office,
attn: Mr. Dave Timpy, on a DAILY basis until completion of the project. If during the sampling
process non-beach compatible material is or has been placed on the beach all work will stop
immediately and the Corps will be notified to determine the appropriate plan of action.
RECEIVED
DCM WILMINGTON, NC
O C T 0 5 2007
The Town of Holden Beach
Incorporated 1969
110 Rothschild Street
Holden Beach, North Carolina 28462
January 14, 2009
Ms. Debbie Wilson, Project Manager
North Carolina Division of Coastal Management
127 Cardinal Drive Ext.
Wilmington, NC 28405-3845
Phone: 910.842.6488
Fax: 910.842.9315
ICE ,a:
JAN 2 1 2009
Subject: Holden Beach Nourishment Project - Permit Modification DCi i NC~
Dear Ms. Wilson,
The Town of Holden Qe fit} would like to process: a.mod fiication to their current beach nourishment
project permit (NCDCN t Major Permit #14-02, issued on February 1, 2002).
Proiect Back-ground
UnO ?jf tl original, permit, the Town, was permitted by NCDCM to place up to 735,000 cy of sand
alpZ--ftFeht 050 feet of shoreline between Stations 46+50 and 317+00 (see Figure 1). Dimensions of the
were 27,050 feet in the longshore direction and 250 ft in the cross-shore direction. Note
th> hecessary NCDWQ and USACE permits were also obtained.
2005 warn hladHkatlon
ApproxlrtWs Extensbn
)2`? 2002Aer11"odMoarlshmentAppwxhwNShomb"Roach
1
W
Yap ? ` ? ; 3 3c' ?' .,
3r
'i
,ti,? ? ,-. ,-_. ,. + -_ •xaes :901{-a8 rY/R)US4CE
(-22 CYA) M
0 0,25 0.5 ? 1.5 Mies ?- -90. 2002(-32CYA[) U'- VE
- X2003 (-}CYA[)HB
aaOW 2004 (-45 CYAt) USAGE
2004(•11CYAt) HB
AWS 2008 (-24 CYAt) USAGE
MEW 2008 (-19 CYAt) HO -
1000 2009 (-34 CM) HB
t?ti? 20098009 (-40 CYM USAM
F*re 1: Approximate permitted shoreline reaches and both Town (HB) and USACE nourishment
.604vity since 2001.
Mayor: J. Alan Holden
Mayor Pro Tem: Sandy Miller
Commissioners: Ray Lehr; Don Giander, Ken Kyser & Gary Staley
Town Manager: David W. Hewett
USACE permit 200101101 correlated with the original NCDCM/NCDWQ permits and was issued on
February 28, 2002 and allowed for placement of beach compatible sand between stations 46+50 and
247+00.
These permits were for a Town sponsored project that was designed to complement the USACE
Section 933 project, which occurred in the winter of 2001/2002. Under the above mentioned USACE
and NCDCM permits, the Town placed 300,000 cy between March 2002 and April 2004.
Since these original permits and subsequent sediment placement, several modifications to the original
NCDCM permit have occurred, while a new USACE permit was issued. NCDWQ was also consulted.
The Town of Holden Beach requested NCDCM permit modifications in 2005/2006 to:
1) increase cumulative placed sediment from 735,000 cy to 800,000 cy (i.e., this includes the
300,000 cy already placed)
2) extend the eastern placement boundary to Station 38+00
3) extend the expiration date
4) Modify the fill design berm height (from +7 to +8 NGVD29) and cross-shore placement width
(from 2150A to 300 ft)
5) Include the Turkey Trap Road borrow area.
NCDCM issued a permit modification reflecting these changes; on October 24, 2005. A separate
USACE permit was also applied for in conjunction with this NCDCM permit modification
Thop t recent USACE permit (No. 200500935) was issued March 9, 2006, to the Town of Holden
" .. d authorized the placement of up to 500,000 cubic yards (CY) along two Holden Beach
reaches. The Eastern Reach, which consists of approximately 5,800 ft, extended from
+00 to 96+00;- the Western Reach, which consists of approximately 7,400 ft, extends from
45+00 to 319. 00. This represents a total project length of approximately 2.5 miles.
Borrow Ar
ta60me
nt peribitting efforts from the original permit to the most recent modification have
4 bow areas: 1) Oyster Harbor, 2) Boyd Street stock pile site, 3) the Smith site, and 4) the
W.Nt',
f Trap Road site (also known as the Kirby- Walter site). All sites except the Turkey Trap road
9lt'@ have been used.at varying levels since 2002. The Turkey Trap road site requires some isolated
v@land monitoring and has been arvoided,,jhus far.
flier obtaining 2005 permit modifrcatdns'from NCDCM'and NCDWQ as well as a 2006 permit from
USACE, the Town placed approximately45,000 cy in the spring of 2006, however incompatible
material was placed on the beach and, this resulted in the suspension of these permits. The
compatible material came from-the Boyd Street stock pile site, where some construction debris had
erj. inadvertently placed. In an effort to completely remove all incompatible material; the majority of
., .
?atenibt (including, beach compatible sand) was,. removed from1he beach.
Vii.bwliuant to flo permit violaftn, the Town wotkOd with the USAGE and NCDCM to reinstate these
ormito in hate 2006 and, under more stringent oversight, these permits were reinstated. The NCDCM
permit now.has an expiration date of December 31, 2009.
The Town' hest renourishment placed approximately 201,000 cy, of beach compatible material from
the Smith, site from February to March, 2008. The Town has since performed the necessary
immediate project and six-month post-project monitorr?C1WLb Jy good project
5ompatibW*An assimilation with native beach. 1''?? ?? ii ??ff
JAN 2 12009
DChA W
Tropical Storm Hanna
On September 6, 2008, the eye of Tropical Storm (TS) Hanna made landfall approximately 20 miles
west of Holden Beach. This storm subjected the Holden Beach shoreline to the most intense NE
quadrant conditions due to counter-clockwise storm rotation. As a result, the entire area suffered
damage and the Federal Emergency Management Agency (FEMA) became involved to assess the
damages and potential support for damage mitigation.
The Town and FEMA would like to mitigate damage from Tropical Storm Hanna as soon as possible,
with February to March, 2009 as the most ideal. As a result, the Town is asking for a modification of
the existing NCDCM permit in order for this to occur by a soon as next month.
The existing NCDCM permit allows for up to 800,000 cy of sediment to be placed, and so far the
Town of Holden Beach has placed approximately 546,000 cy (including the permit violation volume).
The Town is still in negotiation with FEMA, however it is anticipated that approximately 190,000 cy of
material will be placed in a thin strip averaging 8.1 cytft from Station 38+00 to Station 272+00 (-
23,400 feet). Therefore this anticipated volume of material and the placement of the material are still
within exWing NCDCM and NCDWQ permit conditions. Additionally, the preferred borrow area is the
Smith site, while the b ?tp borrow area is the Turley Trap road site. The Boyd Street site will not be
used.
In rgviewing permit conditions, it seems that two'permit conditions need to be modified in order to
pla jhd beach compatible sand. according to FEMA and Town negotiations and these are: 1) placing
sedirhont-only one time along the permitted reach, and 2) updating the USACE permtfor placement
to iQud'the area between the East and West reaches. Note that the 2005 NCDCM permit
p m'o n allowed a minor modification to place sand between stations 46+50 and 96+00 (where
s p already been placed once).
ttZ nary, FEMA and fhet'State have been actively involved in mitigating storm impacts from
Storm Hanna aftlfae Town of Holden Beach is eligible for beach nourishment relief efforts
*w_?mna"intefi4nce FEMA's Public Assistance Prpgram, Category G, because of the Town's ongoing
and nourishment plan. In order to mitigate these efforts this winter, we are
rtuesting the NCDCM, NCDWQ, and USAGE regulatory agencies to modify the existing permits.
%"-e let us know Of.any questions or concerns.
S ` rely,
id. W. H ett R E C `? ^`
Ito r?` Manager
JAN z 1 2009
s
Jly
CC: DCM WILMING'I-C'N, NC
Chad Coburn, NCDWQ
Dave Timpy, USACE
Fran Way, ATM
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Beverly Eaves Perdue, Governor James H. Gregson, Director Dee Freeman, Secretary
V?MORANDUM
TO: Doug Huggett
Permits Section
FROM: Debra Wilson ,Gv
District Manager, Wilmington
THROUGH: Steven H. Everhart, PhD
District Manager, Wilmington
DATE: January 26, 2008
SUBJECT: Modification Request
CAMA Major / Dredge and Fill Permit No. 14-02
Town of Holden Beach
Brunswick County
Mr. David Hewett, Town Manager of the Town of Holden Beach has requested a modification to State Permit
No. 14-02. Permit No. 14-02 was issued to the Town of Holden Beach on February 1, 2002, for the
nourishment of approximately 5.7 miles of oceanfront shoreline utilizing upland sand sources from Oyster
Harbour Subdivision and Seascape Subdivision, which at that time were development projects under
construction in the area. The fill placed on the ocean beach was to supplement and extend the Federal Section
933 project. On February 27, 2002, Permit No. 14-02 was amended to add a section in condition (4)
concerning the requirement for the delineation of the first line of stable natural vegetation prior to any beach
nourishment activity.
On February 6, 2003, Permit No. 14-02 was modified to authorize an additional borrow site as a source for
obtaining beach quality material for the project. This site is located within the Lakes at Lockwood development.
On October 24, 2005, Permit No. 14-02 was modified/renewed to include the following:
(1) increasing the original volume of material from 735,000 cy to 800,000 cy.
(2) extending the eastern permit boundary an additional 850 linear feet
(3) extending the permit expiration date to December 31, 2008
(4) increasing the design berm height to +8 ft. NGVD29, and disposal cross-sectional width to
approximately 300 ft., and
(5) to allow the use of a new borrow site known as the "Kirby Walter Borrow Site".
The previous violation No. 06-34D dated May 26, 2007 for the placement of non-beach compatible material has
been closed and the assessment has been paid. On October 1, 2007 the U.S. Army Corps of Engineers
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 ! Telephone 910-796-7215 ! Fax 910-350-2004
An Equal Opportunity Affirmative Action Employer
January 26, 2008
Page Two
reinstated the Town's permit with revisions. A copy of the letter from the Corps is attached with their required
revisions. On February 19, 2008, Permit No. 14-02 was renewed and will expire on December 31, 2009.
From February to March, 2008 the Town placed approximately 201,000 cy of beach compatible material from
the Smith borrow site on the beach. The applicant states that due to Tropical Storm Hanna on September 6,
2008, the beach suffered severe damage and lost most of this material. The Town is now in negotiation with
FEMA for potential support and mitigation for these damages.
The applicant is currently requesting a modification to Permit No. 14-02 to allow for the placement of
approximately 190,000 cy of material in a thin strip averaging approximately 8.1 cy/ft from Station 38+00 to
Station 272+00, an area which received sand in 2008 under this permit. The applicant states that the preferred
borrow area is the Smith site with the Turkey Trap road site as the backup site and the Boyd site will not be
used.
This Office has no objection to the project proposal provided that the compatibility of the borrow site material is
adequate.
The applicant submitted a check (check No. 019988) in the amount of $100.00 for the modification request.
cc: Wilmington Files
Ted Tyndall
Dave Timpy (COE)
Chad Coburn (DWQ)
Rich Carpenter (DMF)
Jeremy Humphrey (Shellfish)
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 ! Telephone 910-796-7215 ! Fax 910-350-2004
An Equal Opportunity Affirmative Action Employer
RECEIVED
XNA \A'ILMINGTGN, NC
Special Conditions O C T o 5 20G7
Action ID 200500360
Holden Beach Nourishment Proiect
September 10. 2007
In accordance with 33 U.S.C. 1341(d), all conditions of the North Carolina Division of Water
Quality 401 Certification and the North Carolina Division of Coastal Management CAMA Major
Permit are incorporated as part of the Department of the Army permit. Therefore, they are not
listed as special conditions.
1. All work authorized by this permit must be performed in strict compliance with the
attached plans, which are a part of this permit. Any modification to these plans must be
approved by the US Army Corps of Engineers (USACE) prior to implementation.
2. Except as authorized by this permit or any USACE approved modification to this permit,
no excavation, fill or mechanized land-clearing activities shall take place at any time in the
construction or maintenance of this project, within waters or wetlands. This permit does not
authorize temporary placement or double handling of excavated or fill material within waters or
wetlands outside the permitted area. This prohibition applies to all borrow and fill activities
connected with this proj ect.
3. Except as specified in the plans attached to this permit, no excavation, fill or
mechanized land-clearing activities shall take place at anytime in the construction or
maintenance of this project, in such a manner as to impair normal flows and circulation
patterns within waters or wetlands or to reduce the reach of waters or wetlands.
4. All mechanized equipment will be regularly inspected and maintained to prevent
contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic
materials. In the event of a spill of petroleum products or any other hazardous waste, the
permittee shall immediately report it to the N.C. Division of Water Quality at (919) 733-5083,
Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous
Substances Control Act will be followed.
5. The permittee shall advise the Corps in writing at least 2 weeks prior to beginning the
work authorized by this permit and again upon completion of the work authorized by this permit.
6. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands
shall be generated from an upland source and will be clean and free of any pollutants except in
trace quantities. Metal products, organic materials (including debris from land clearing
activities), or unsightly debris will not be used.
7. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall provide
each of its contractors and/or agents associated with the construction or maintenance of this
project with a copy of this permit. A copy of this permit, including all conditions, shall be
available at the project site during construction and maintenance of this project
HLOEIVED
DCM VOLMINGTON, NC
Q C T 0 5 2007
8. The permittee shall employ all sedimentation and erosion control measures necessary to
prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit
area. This shall include, but is not limited to, the immediate installation of silt fencing or similar
appropriate devices around all areas subject to soil disturbance or the movement of earthen fill,
and the immediate stabilization of all disturbed areas. Additionally, the project must remain in
full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North
Carolina General Statutes Chapter 113A Article 4).
9. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration
before completion of the work will, without expense to the United States and in such time and
manner as the Secretary of the Army or his authorized representative may direct, restore the
water or wetland to its pre-project condition.
10. Violations of these conditions or violations of Section 404 of the Clean Water Act or
Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District
U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation.
11. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration
before completion of the work will, without expense to the United States and in such time and
manner as the Secretary of the Army or his authorized representative may direct, restore the
waterway to its former conditions. If the permittee fails to comply with this direction, the
Secretary or his representative may restore the waterway, by contract or otherwise, and recover
the cost from the permittee.
12. The authorized structure and associated activity must not interfere with the public's right
to free navigation on all navigable waters of the United States. No attempt will be made by the
permittee to prevent the full and free use by the public of all navigable waters at or adjacent to
the authorized work for reason other than safety.
13. The permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structure or work herein authorized, or
if, in the opinion of the Secretary of the Army or his authorized representative, said structure or
work shall cause unreasonable obstruction to the free navigation of the navigable waters, the
permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove,
relocate, or alter the structural work or obstructions caused thereby, without expense to the
United States. No claim shall be made against the United States on account of any such removal,
relocation, or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE
Chief Source Data Unit N CS261, 1315 E West HWY- RM 7316, Silver Spring, MD 20910-
3282 at least two weeks prior to beginning work and upon completion of work.
14. The permittee must install and maintain, at his expense, any signal lights and signals
prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities.
For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office
at (910) 772-2191.
RECEIVED
JCI'v1 VViLMINGTON, NC
OCT 0 5 2007
15. No nourishment material will be obtained in areas outside of the designated borrow as
depicted in the attached plan.
16. The contractors name, phone number, and address, including a field contact name and
number, will be submitted to the Wilmington District prior to any work.
17. Only beach quality sand shall be used for beach nourishment purposes. The new beach
nourishment material will be sampled daily to ensure that only beach compatible material will be
placed on the beach. If during the sampling process non-beach compatible material is or has
been placed on the beach all work will stop and the Corps will be notified to determine the
appropriate plan of action.
18. A sediment analysis must be provided to Dave Timpy, Wilmington Regulatory field
Office, US Army Corps of Engineers, Post Office Box 1890, Wilmington, North Carolina 28402,
on a daily basis to verify the compatibility of the material. This analysis will include, but not
limited to the location of the sample station, shell percentage, silt/clay content, grain size, and
color (by using Munsell Color Chart).
19. If submerged cultural resources are encountered during the operation, the District
Engineer will be immediately notified so that coordination can be initiated with the Underwater
Archeology Unit (UAU) of the Department of Cultural Resources. In emergency situations, the
permittee should immediately contact Mr. Chris Southerly at (910/458-9042), Fort Fisher, so that
a full assessment of the artifacts can be made.
20. Construction time frame will be restricted to November 16 to March 31. No work will
occur outside this time period. All activity, including mobilization efforts is restricted from the
beach prior to November 16. Upon completion of work, all equipment must be removed by
March 31.
21. No deep ruts will be left on the beach upon completion of the project.
22. A representative of the Corps of Engineers will periodically and randomly inspect the
work for compliance with these conditions. Deviations from these procedures may result in
cessation of work until the problem is resolved to the satisfaction of the Corps.
23. In issuing this permit, the Federal Government does not assume any liability for:
a. Damages to the permitted project or uses thereof as a result of other permitted or
unpermitted activities or from natural causes.
b. Damages to the permitted project or uses thereof as a result of current or future
Federal activities initiated on behalf of the general public.
c. Damages to other permitted or unpermitted activities or structures caused by the
authorized activity.
RECEiVEJ
DCM WILMINGTON, NC
0ICT n 5 2007
d. Design and construction deficiencies associated with the permitted work.
e. Damage claims associated with any future modification, suspension, or revocation of
this permit.
24. A pre-construction meeting must be held with our office at least two weeks prior to
conducting the work to ensure the contractor fully understands the conditions of this permit.
Participates may include, but not limited to, representatives from NC Division of Coastal
Management, NC Division of Water Quality, NC Wildlife Resource Commission, and U.S.
Coast Guard.
25. This Department of the Army permit does not obviate the need to obtain other Federal,
State or local authorizations required by law.
26. This permit authorizes beach nourishment activities to be carried out one time along the
entire reach of the requested project area. Any request to carry out additional activities within the
area where nourishment activities have been completed under this permit will require additional
authorization.
27. The permittee will fund a monitoring program to measure nest and sand temperatures
compared to an unmanipulated control area. Funding would include the use of field resistant
data-loggers and compensation for fieldwork and analysis. Matthew Godfrey, Sea Turtle
Coordinator of the North Carolina Resources Commission, and David Rabon of the USFWS
would coordinate the monitoring program. This plan must be approved by the Corps before it is
initiated.
28. The permittee will perform the "Beach Nourishment Monitoring Plan" and the "Macro-
invertebrate Beach Monitoring Plan" as stated in the October 31, 2005, letter from Applied
Technology and Management of North Carolina, Incorporated. These reports will be provided to
the Wilmington Regulatory Field Office. A copy of the "Macro-invertebrate Beach Monitoring
Plan" will be also sent to the National Marine Fisheries Service, Beaufort, North Carolina.
29. All necessary precautions and measures will be implemented so that any activity will not
kill, injure, capture, pursue, harass, or otherwise harm any protected federally listed species (sea
turtles, whales, manatee, shortnose sturgeon, and piping plover). While accomplishing the
authorized work, if the permittee discovers or observes a damaged or hurt listed endangered or
threatened species, the District Engineer will be immediately notified so that required
coordination can be initiated with the U.S. Fish and Wildlife Service and/or National Marine
Fisheries Service.
30. If submerged cultural resources are encountered during the operation, the District
Engineer will be immediately notified so that coordination can be initiated with the Underwater
Archeology Unit (UAU) of the Department of Cultural Resources. In emergency situations, the
perrnittee should immediately contact Mr. Chris Southerly at (910/458-9042), Fort Fisher, so that
a full assessment of the artifacts can be made.
A
31. The permittee will monitor the wetlands at the mine site to determine whether wetland
hydrology is maintained. If wetland hydrology is lost due to mining activities, adequate
compensatory mitigation will be provided.
32. All upland borrow material placed on the beach will evaluated by color using the l OYR
page in a Munsell Color Chart. Only material (1 OYR) 8/4, 7/4, 6/3, and 5/3, or less chroma will
be placed on the beach. If any material is placed on the beach does not meet this criterion all
work must stop and the Corps must be notified to determine the appropriate action.
33. During the execution of the beach nourishment monitoring plan the Corps is requiring
that each site in the eight sample profiles have documentation of the soil colors using the Munsell
Color Chart. Each site will have colors documented at the surface, -0.5 foot, -1 foot and -2 feet.
34. Weekly color monitoring at the established beach nourishment sample sites where
upland borrow is placed will be required as soon as the beach profile has been established is
placed at that location. This monitoring will provide documentation of how quickly the material
begins to bleach out and how much the color changes. Each site should have colors documented
at the surface, -0.5 foot, -1 foot and -2 feet.
35. Project construction shall be in accordance with the Town of Holden Beach Quality
Control Plan dated May 9, 2007.
36: A third party independent inspector shall be contracted by the permittee, after approval
by the Wilmington Regulatory field Office. This inspector will monitor all work and shall
immediately stop work upon the failure of the permittee to meet the terms and conditions of this
permit.
37. All material used for the beach nourishment must be compatible and clean and free of
any pollutants except in trace quantities. During construction operations, a sediment analysis of
the material placed on the beach, including shell (calcium carbonate) percentage will be
submitted to the Wilmington District, Regulatory Division, Wilmington Regulatory Field Office,
attn: Mr. Dave Timpy, on a DAILY basis until completion of the project. If during the sampling
process non-beach compatible material is or has been placed on the beach all work will stop
immediately and the Corps will be notified to determine the appropriate plan of action.
RECEIVED
DCM WILMINGTON, NC
O C T 0 5 2007
The Town of Holden Beach
Incorporated 1969
110 Rothschild Street Phone: 910.842.6488
Holden Beach, North Carolina 28462 Fax: 910.842.9315
January 14, 2009
Ms. Debbie Wilson, Project Manager x V;_
North Carolina Division of Coastal Management
127 Cardinal Drive Ext.
Wilmington, NC 28405-38452:'}
Subject: Holden Beach Nourishment Project- Permit Modification IEtC a '7V ( Y_, ' _
Dear Ms. Wilson,
The Town of Hoiden Beach would like to process a modification to their current beach nourishment
project permit (NCDCM Major Permit #14-02, issued on February 1, 2002).
Proiect Background
Under the original permit, the Town was permitted by NCDCM to place up to 735,000 cy of sand
along 27,050 feet of shoreline between Stations 46+50 and 317+00 (see Figure 1). Dimensions of the
placement were 27,050 feet in the longshore direction and 250 ft in the cross-shore direction. Note
that the necessary NCDWQ and USACE permits were also obtained.
2005 Permit ModHkatlon
Aporoximate Extension
2002 Permitted Nour/shment Approximate Shoreline Reach
_ _ _ S
N
0 0.25 045 1 1.5 Miles
Legend
2001 (-48 CY/ft) USACE
2002 (-22 CY/ft) HO
=-- 2002 (-32 CY/ t) USACE
2003 (-8 CY/ft) HS
-- 2004 (-45 CYAt) USACE
2004 (-11 CYM) HB
2006 (-24 CY/ft) USACE
2006 (-19 CY/ft) HO
2008 (-34 CY/ft) HO
i 20082009 (-40 CY/R) USACE
i
Figure 1: Approximate permitted shoreline reaches and both Town (HB) and USAGE nourishment
activity since 2001.
Mayor: J. Alan Holden
Mayor Pro Tem: Sandy Miller
Commissioners: Ray Lehr, Don Glander, Ken Kyser & Gary Staley
Town Manager: David W. Hewett
USACE permit 200101101 correlated with the original NCDCM/NCDWQ permits and was issued on
February 28, 2002 and allowed for placement of beach compatible sand between stations 46+50 and
247+00.
These permits were for a Town sponsored project that was designed to complement the USACE
Section 933 project, which occurred in the winter of 200112002. Under the above mentioned USACE
and NCDCM permits, the Town placed 300,000 cy between March 2002 and April 2004.
Since these original permits and subsequent sediment placement, several modifications to the original
NCDCM permit have occurred, while a new USACE permit was issued. NCDWQ was also consulted.
The Town of Holden Beach requested NCDCM permit modifications in 2005/2006 to:
1) increase cumulative placed sediment from 735,000 cy to 800,000 cy (i.e., this includes the
300,000 cy already placed)
2) extend the eastern placement boundary to Station 38+00
3) extend the expiration date
4) Modify the fill design berm height (from +7 to +8 NGVD29) and cross-shore placement width
(from, 250 ft to 300 ft)
5) Include the Turkey Trap Road borrow area.
NCDCM issued a permit modification reflecting these changes on October 24, 2005. A separate`
USACE permit was also applied for in conjunction with this NCDCM permit modification.
The most recent USACE permit (No. 200500935) was issued March 9, 2006, to the Town of Holden
Beach and authorized the placement of up to 500,000 cubic yards (CY) along two Holden Beach
shoreline reaches. The Eastern Reach, which consists of approximately 5,800 ft, extended from
Station 38+00 to 96+00; the Western Reach, which consists of approximately 7,400 ft, extends from
Station 245+00 to 319+00. This represents a total project length of approximately 2.5 miles.
Permitted Borrow Areas
Town nourishment permitting efforts from the original permit to the most recent modification have
included 4 borrow areas: 1) Oyster Harbor, 2) Boyd Street stock pile site, 3) the Smith site, and 4) the
Turkey Trap Road site (also known as the Kirby Walter site). All sites except the Turkey Trap road
site have been used at varying levels since 2002. The Turkey Trap road site requires some isolated
wetland monitoring and has been avoided thus far.
After obtaining 2005 permit modifications from NCDCM and NCDWQ as well as a 2006 permit from
USACE, the Town placed approximately 45,000 cy in the spring of 2006, however incompatible
material was placed on the beach and this resulted in the suspension of these permits. The
incompatible material came from the Boyd Street stock pile site, where some construction debris had
been inadvertently placed. In an effort to completely remove all incompatible material, the majority of
material (including beach compatible sand) was removed from the beach.
Subsequent to the permit violation, the Town worked with the USACE and NCDCM to reinstate these
permits in bate 2006 and, under more stringent oversight, these permits were reinstated. The NCDCM
permit now has an expiration date of December 31, 2009.
The Towns est renourishment placed approximately 201,000 cy of beach compatible material from
the Smith "ow site from February to March, 2008. The Town has since performed the necessary
immediate project and six-month post-project monitor ?.and r suits Pew good project
compatib and assimilation with native beach.
P N 2 2("09
Tropical Storm Hanna
On September 6, 2008, the eye of Tropical Storm (TS) Hanna made landfall approximately 20 miles
west of Holden Beach. This storm subjected the Holden Beach shoreline to the most intense NE
quadrant conditions due to counter-clockwise storm rotation. As a result, the entire area suffered
damage and the Federal Emergency Management Agency (FEMA) became involved to assess the
damages and potential support for damage mitigation.
The Town and FEMA would like to mitigate damage from Tropical Storm Hanna as soon as possible,
with February to March, 2009 as the most ideal. As a result, the Town is asking for a modification of
the existing NCDCM permit in order for this to occur by a soon as next month.
The existing NCDCM permit allows for up to 800,000 cy of sediment to be placed, and so far the
Town of Holden Beach has placed approximately 546,000 cy (including the permit violation volume).
The Town is still in negotiation with FEMA, however it is anticipated that approximately 190,000 cy of
material will be placed in a thin strip averaging 8.1 cy/ft from Station 38+00 to Station 272+00 (-
23,400 feet). Therefore this anticipated volume of material and the placement of the material are still
within existing NCDCM and NCDWQ permit conditions. Additionally, the preferred borrow area is the
Smith site, while the backup borrow area is the Turkey Trap road site. The Boyd Street site will not be
used
In reviewing permit conditions, it seems that two permit conditions need to be modified in order to,
place the beach compatible sand according to FEMA and Town negotiations and these are: 1) placing
sediment only one time along the permitted reach, and 2) updating the USACE permit for placement
to include the area between the East and West reaches. Note that the 2005 NCDCM permit
modification allowed a minor modification to place sand between stations 46+50 and 96+00 (where
sand had already been placed once).
In summary, FEMA and the State have been actively involved in mitigating storm impacts from
Tropical Storm Hanna and the Town of Holden Beach is eligible for beach nourishment relief efforts
as described under FEMA's Public Assistance Program, Category G, because of the Town's ongoing
beach maintenance and nourishment plan. In order to mitigate these efforts this winter, we are
requesting the NCDCM, NCDWQ, and USACE regulatory agencies to modify the existing permits.
Please let us know of any questions or concerns.
S erely,
?,,
' a.
Da id W. H ett
To n Manager
JAN 1 2'iW
CC: t >, r
Chad Coburn, NCDWQ
Dave Timpy, USACE
Fran Way, ATM
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