20041176 Ver 1_COMPLETE FILE_20040603

Regulatory Division
Action ID. 200100632
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
PO BOX 1890
WILMINGTON NC 28402-1890
June 8, 2005
Mr. Frank Rush, Town Manager
Town of Emerald Isle
7500 Emerald Isle
Emerald Isle, North Carolina 28594-9320
Dear Mr. Rush:
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This letter serves to address the Town of Emerald Isle's noncompliance with our September
15, 2004 permit conditions for the Town's Bogue Inlet Channel Erosion Response Project, which
includes the nourishment of 4.5 miles of Emerald Isle Beach. Please reference your May 3, 2005
telephone conversation with Mr. Mickey Sugg of my staff concerning the removal of
construction equipment, specifically dredging pipes, from the beach.
In the May 3rd discussion, Mr. Sugg directed the Town to immediately remove all the
dredging pipes off the beach in order not to prohibit, encroach, or harass sea turtles from nesting
on the beach. You informed Mr. Sugg that contact was being made with the contractor that day
to expedite this removal. Later that night, a message was left at our office disclosing that the
majority of the pipes had been removed, and all the pipes would be relocated off the beach by the
next morning.
On May 10, 2005, our office received an e-mail, with enclosed photos, from the North
Carolina Wildlife Resource Commission that dredging pipes were still present on the western
end of the beach, near Land's End Development. The pipes on the beach are within the May 1 to
November 15 moratorium for nesting sea turtles, and are in non-compliance with our May 3rd
verbal directive to immediately move the pipes and equipment from the beach and the inlet
shoreline.
In a May 10, 2005 telephone conversation with Mr. Sugg, he directed you to remove all
equipment from the beach by 12:00 on May 12`". As of 11:00 on May 12, all equipment had
been removed off the beach; therefore, the Town is now in compliance with the permit
conditions and administrative penalties are no longer being pursued.
-2-
Thank your for your prompt attention in this, matter. If you have any questions or
comments, please do not hesitate to contact Mr. Sugg at [phone].
Sincerely,
S. Kenneth Jolly, Chief
Regulatory Division
Copies Furnished:
Mayor Art School
Town of Emerald Isle
7500 Emerald Isle Drive
Emerald Isle, North Carolina 28594-9320
Ms. Tere Barrett
N.C. Division of Coastal Management
151-B Highway 24, Hestron Plaza Two
ic re head City, North Carolina 28557
. Cyndi Karoly
. Division of Water Quality
401/Wetlands Unit
2321 Crabtree Boulevard, Suite 250
Raleigh, North Carolina 27604-2260
Mr. Doug Huggett
Division of Coastal Management
N.C. Department of Environment
and Natural Resources
1638 Mail Service Center
Raleigh, North Carolina 27699-1638
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Matthew Godfrey
N.C. Wildlife Resource Commission
307 Live Oak Street
Beaufort, North Carolina 28516
Permit Class
MODIFICATION/MINOR
Permit Number
127-04
STATE OF NORTH CAROLINA 1 I ??
Department of Environment and Natural Resources
and
Coastal Resources Commission
MAR
Prrint"t 8
for SA
AAO ?IEk GU
Ntr,y
X Major Development in an Area of Environmental Concer 49's
pursuant to NCGS I I3A-1 18
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Town of Emerald Isle. 7500 Emerald Drive, Emerald Isle, NC 28594
Authorizing development in Carteret and Onslow Counties at Bogue Inlet and west end of Emerald Isle,
as requested in the permittee's application letters (2) dated 2/7/05, including attached workplan drawings (3), all
dated received 2/7/05.
This permit, issued on February 8, 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 tines, imprisonment or civil action; or may cause the permit to be null and void.
1) Except as modified herein, and as is depicted in the attached workplan drawings, this minor
modification authorizes a change in the depth of channel excavation from the previously approved -
15.5' depth to a new depth of -17' NGVD. Overdredging is specifically prohibited.
2) This minor modification does not authorize any additional shallow bottom habitat impacts outside of
the previously approved (15.5' deep, 400' wide top width, 5:1 slope) impact limits shown on the
attached workplan drawings.
3) Should the dredging operations within the modified dimensions encounter sand deemed non-
compatible with native grain size or sorting characteristics of the native beach, the dredge operator
shall immediately cease operation and contact the NCDCM for consultation with the NCDMF and
NCWRC. Dredge operations will resume only after resolution of the issue of sand compatibility.
(See attached sheet 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, 2007
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
Charl . Jones, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program. Signature of Permittee
Town of Emerald Isle - Bogue Inlet Channel Relocation Permit #127-04
Page 2 of 2
ADDITIONAL CONDITIONS
4) Should the Division of Coastal Management determine that the modified project has caused direct
impacts to marshes adjacent to the project such that elevation, speciation, stem density, or escarpment
edge (as set forth in the monitoring commitments of the Biological Monitoring and Mitigation Plan) are
negatively effected, the applicant will take any mitigative or restorative measures deemed appropriate by
the Division of Coastal Management in consultation with other review agencies to restore the site to pre-
project conditions.
5) Should the Division of Coastal Management determine that the modified project has caused direct
impacts to the tidal creeks adjacent to the project such that elevation or navigability (as set forth in the
monitoring commitments of the Biological Monitoring and Mitigation Plan) are negatively effected, the
applicant will take any mitigative or restorative measures deemed appropriate by the Division of Coastal
Management in consultation with other review agencies to restore the site to pre-project conditions.
6) This minor modification must be attached to the original of Permit No. 127-04, which was issued on
9/9/04, as well as the amended permit of 10/10/04, and the minor modification of 12/21/04, and copies
of all documents must be readily available on site when a Division representative inspects the project for
compliance. All conditions and stipulations of the original permit remain in force under this minor
modification unless altered herein.

COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC
204 DORCHESTER PLACE, WILMINGTON, NC 28412
Q?c?? o
D
O C T 0 7 2004
DENR - WATER QUALITY
September 15, 2004 WETLANDS AND STORMWATER BRANCH 1
Attn: Doug Huggett, Major Permits Coordinator
NCDENR - Division of Coastal Management
1638 Mail Service Center
Raleigh, NC 27699-1638
COASTAL & OCEAN ENGINEERING
COASTAL SURVEYS
BIOLOGICAL STUDIES
GEOTECHNICAL SERVICES
[phone] Fax [phone]
Internet: http:/twww.coastalplanning.net
E-mail: Tjarrett _coastalplanning.net, or
[e-mail]
SE? " ? 2004
I)IV'IRECT?RER 01A117'
13

Re: Bogue Inlet Channel Erosion Response Project -Request to Modify CAMA Major Development Permit
and Excavation and Fill - Permit Number 127-04
Dear Mr. Huggett:
The Town of Emerald Isle request modification of condition number 4 of the State of North Carolina
Major Development Permit 127-04 to allow the use of a dustpan dredge in addition to the permitted cutter
suction hydraulic pipeline dredge. The permit application indicated that the work would be performed by an
ocean certified cutter suction hydraulic dredge; however, the operation involving a dustpan dredge would be
similar to a cutter suction dredge and would provide the same degree of protection to marine protected species.
By limiting the work to an ocean certified cutter suction hydraulic dredge, the intent of the Town of
Emerald Isle was to reduce the possibly of in advertent impacts on marine mammals and sea turtles that have
been associated with the use of hopper dredges in the project area. Experience has proven that the take of a sea
turtle is greatly reduced when a cutter suction hydraulic dredge is used instead of a hopper dredge. However,
the only difference between a cutter suction hydraulic dredge and a dustpan dredge is the type of unit used to
dislodge sediment from the bottom. In the case of a cutter suction dredge, sediment is dislodged from the
bottom by a circulating ball with steel teeth that cuts into the substrate. The dislodged material is then drawn
into the discharge pipe by powerful dredge pumps. In the case of a dustpan dredge, the unit that dislodges the
sediment from the bottom is called a suction head. The suction head is equipped with a series of high velocity
water jets that loosen the material from the bottom with the dislodged material drawn into the pipeline by the
dredge pumps.
Since a dustpan dredge is also classified as a hydraulic pipeline dredge, the Town of Emerald Isle request
that the permit language be modified deleting the words "cutter suction" from condition number 4 and inserting
the word "pipeline." With this requested modification, condition 4 would then read as follows:
"Excavation shall be accomplished by an ocean certified hydraulic pipeline dredge."
This proposed modification was coordinated with Mr. David Rabon, Jr., of the U.S. Fish and
Wildlife Service via email on September 13, 2004 with regard to any possible impacts the proposed change
COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC.
.w.
would have on the Biological Assessment. Mr. Rabon's response was "1 think this is okay and would not change
the determination. It's hopper dredges that cause the most problems."
On behalf of the Town of Emerald Isle, we thank you and your staff for the timely and professional
manner in which you have responded to the Town's efforts to relieve the serious problem on the west end of the
Town and your willingness to work with us to resolve the many issues associated with this very important
project. If you have any questions regarding this requested modification, please call me at [phone].
Sincerely,
Tom Jarrett, P.E.
Senior Vice President
Coastal Planning & Engineering ofN.C., Inc.
cc: Mr. Frank Rush, Town Manager
Town of Emerald Isle
Mr. Mickey Sugg, Wilmington District Corps of Engineers
Mr. Alan W. Klimek, P.E., Director
NC Division of Water Quality
Ms. Noelle Lutheran
Wilmington Regional Office
NC Division of Water Quality
Ms. Tere Barrett
NC Division of Coastal Management
Ms. Erin Hague
Coastal Planning & Engineering
Boca Raton, FL
Mr. David Rabon
US Fish & Wildlife Service
Raleigh, NC
COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC.
MEMORANDUM
TO: John Dorney Regional Contact: Noelle Lutheran
Non-Discharge Branch WO Supervisor: Bick Shiver
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Town of Emerald Isle: Bogue Inlet Channel Erosion County Onslow
Project Number 04 1176 County2 Carteret
Recvd From DCM Region Wilmington
Received Date 6/3/04 Recvd By Region
Project Type channel relocation
Certificates Stream
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
CAMA Waters P-70 N 119-41-17 SA HQW 30,501.
ON I
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? O Y ON Did you request more info? Q Y ON
Have Project Changes/Conditions Been Discussed With Applicant? Q Y O N
Is Mitigation required? O Y O N Recommendation: O Issue 6 Issue/Coed O Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
This office has no objection to the eject as proposed provided that all of the conditions of General
Water Quality Certification #3400 and the additional conditions listed in the written 401 Water Quality
Certification are met,
cc: Regional Office
Central Office Page Number 1
Facility Name Town of Emerald Isle: Bogue Inlet Channel Erosion County onsliow
Project Number 04 1176
Regional Contact: Noelle Lutheran
Date:
Comments (continued from page 1):
cc: Regional Office
Central Office Page Number 2
OF WATF9 Michael F. Easley, Governor
O? 0G William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
co
>_ y Alan W. Klimek, P.E.,Director
-r Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
July 20, 2004 WETLANDS 1401 GROI.)p
CERTIFIED MAIL: 7003 1010 0000 0032 1938
RETURN RECEIPT REQUESTED JUL 2 3 2004
Mr. Frank Rush, Town Manager WATER QUALITY SECTION
Town of Emerald Isle
7500 Emerald Drive
Emerald Isle, NC 28594
SUBJECT: PROJECT ON HOLD FOR
ADDITIONAL INFORMATION
Bogue Inlet Channel Erosion Response Project
DWQ Project # 041176
Onslow County
Dear Mr. Rush:
This Office has reviewed your CAMA Major application and is placing your project on hold until
we receive the following additional information:
1. Please provide a map clearly depicting the construction area around the dike. In addition,
please locate turbidity sampling stations on each side of the proposed construction area. A
condition of the permit will be to monitor for turbidity outside of the construction area to
demonstrate that violations of water quality standards are not occurring. You may propose
how often you will sample (a turbidity meter can be used). At least twice in a 24 hour period
is necessary; .
2. Due to the potential accelerated erosion of the Bear Island shoreline and marsh (if the model
fails), DWQ will require physical monitoring in the 401 water Quality Certification (based on
proposed monitoring and thresholds) and will require mitigation if the erosion threshold is
exceeded. We are not satisfied with the method of mitigation being determined based on
consultation with NC Division of Parks and Recreation. Please propose a specific mitigation
plan that DWQ can incorporate as a condition of the 401 Water Quality Certification;
3. Please provide 11 x 17 maps clearly delineating the SAVs and shellfish beds and provide the
individual and total areas on the map in square feet;
4. Please provide 11 x 17 maps of the biotic communities and give the individual areas and total
area of the high and low marsh and the wetlands.
We looked for the maps listed above in the EIS, but either could not locate them or need a larger
map (with additional details). Please understand that the actual application and 401 Water Quality Certification file must be complete in itself without the EIS. During the EIS scoping process, DWQ tried
to give comment on all potential concerns and issues; however, regardless of what is proposed in the final
EIS, DWQ will condition the permit as necessary to protect the water quality of Bogue Inlet and its
resources. For example, DWQ will require specific mitigation for any loss of SAVs in the conditions of
the 401 Water Quality Certification.
N. C. Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Servicek?
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax [phone] ?tn?c
Page Two
Town of Emerald Isle
July 20, 2004
Please respond within three weeks of the date of this letter by sending a copy of the information
to Noelle Lutheran and to Larry Eaton, via Cyndi Karoly, 401 Wetlands Unit, 2321 Crabtree Blvd.,
Raleigh, NC 27604-226, her phone number is [phone]. If we do not hear from you within three
weeks, we will assume that you no longer want to pursue this project.and we will consider the project as
withdrawn. If you have any questions, please feel free to call me at [phone].
Sincerely,
/ c? ' Noelle Lutheran
Environmental Specialist III
cc: Tom Jarrett - Coastal Planning and Engineering of NC, Inc.
(204 Dorchester Place, Wilm., 28412)
Cyndi Karoly - 401 Wetlands Group
Mickey Sugg - Corps of Engineers Wilmington
Larry Eaton - 401 Wetlands Group
WiRO
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
June 2, 2004
MEMORANDUM:
041176 WETLANDS 1401 GROUP
TO: Mr. John R. Dorney
Environmental Biological Supervisor JUN 0 3 2004
Division of Water Quality
WATER QUALITY SECTION
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Town of Emerald Isle/Bogue Inlet Channel Erosion Response Project
Project Location: Onslow/Carteret: Within Bogue Inlet between Bear Island in Onslow County and
Emerald Isle in Carteret County, and abutting the west and southwest sides of
Emerald Isle.
Proposed Project: The applicant proposes to relocate the Bogue Inlet channel to a central position
similar to that of the early 1970's and the construction of a sand dike for passive
inlet nourishment. Also proposed is the nourishment of approximately 24,000' of
ocean beach on Emerald Isle's west end.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
June 23, 2004. If you have any questions regarding the proposed project, please contact Tere Barrett at
[phone]. When appropriate, in-depth comments with supporting data are requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED 151 B Hwy. 24, Hestfon Plaza I Q§
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper

Development Type
1. Private, non-commercial
development that does not involve
the filling or excavation of any
wetlands or open water areas:
it. Public or commercial development
that does not involve the filling or
excavation of any wetlands or open
water areas:
FEE

5250

400 DCM %
(14300 1601 435100093 1625 6253)

100%(S250)

00%(S400) DWQ %
(24300 1602 435100095 2341)
0°6 (SO)

% (SO)
III. For development that involves the
filling and/or excavation of up to 1 ' °?
r
acre of wetlands and/or open water
areas, determine if A, S, C, or D
;elow applies:
III(A). For Private, non-commercial
0." (SO)
development, If General water Quality S250 100°,6 (5250)
Certificalicn No.3301 (see a"ached)
can be applied:
III(9): For public cr commercial
0°b (SO)
development, if General water Quality S4CO 1G0°o (5400)
Certification No.3301 (see attached)
can be applied:
lll(C). If General Water Quality
Certification No. 3301 (see attached)
cculd be applied, but DCM staff 50°b (S240) 40°,6 (5160)
determined that additional review and S CO
,hnen MVQ concurrence is needed
because of concerns related to wafer
quality or aqua;lc life:
II(D). If General Water Qua:itJ
S4G0 60% ($240) 40% (5160)
Certification No. 3301 (see atached)
can not be applied:
1. For development that involves
40%($190)
the filling an.dlor excavation of more S475 60% (5285)
than one acre o(wellands and,'cr
open water areas:
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
2
3.
4
5
APPLICANT'S NAME: Town of Emerald Isle/Bogue Inlet Channel Erosion Response Project
LOCATION OF PROJECT SITE: Within Bogue Inlet between Bear Island in Onslow County and
Emerald Isle in Carteret County, and abutting the west and southwest sides of Emerald Isle.
Photo Index - 2000: photos 473, 474; 1998: photos 394, 396 1995: photos 452, 453
State Plane Coordinates - X: 2570000 Y: 330000 Rover #
INVESTIGATION TYPE: CAMA/D&F
INVESTIGATIVE PROCEDURE: Dates of Site Visit - Multiple times 2002, 2003, 2004
Was Applicant Present - Many times
PROCESSING PROCEDURE: Application Received - Cc: May 20, 2004
Office - Morehead City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Emerald Isle
Land Classification From LUP - Conservation
(B) AEC(s) Involved: OH, EW, PT
(C) Water Dependent: Yes
(D) Intended Use: Public
Planned -None
(F) Type of Development: Existing - None
Planned - Relocated Channel, Beach Renourishment, Sand Dike
(G) Estimated Annual Rate of Erosion: 56'/yr
Source - Historical Aerial Photography
7. HABITAT DESCRIPTION:
(A) Intertidal/Subtidal Inlet Habitat 1 47.6 acres 1 22.1 acres
(B) Supratidal Ocean Beach 1 1 93 acres
(E) Wastewater Treatment: Existing - Septic
(D) Total Area Disturbed: 162.7 acres
(E) Primary Nursery Area: No
(F) Water Classification: SA (Adjacent ORW) Open: Yes
8. PROJECT SUMMARY: The applicant is the Town of Emerald Isle in Carteret County. This project
is a response to the accelerated erosion experienced by the residents of the west end subdivision known
as The Pointe, and to the west end of the island as a whole since 1981. The proposed solution is the
relocation of the Bogue Inlet channel to a central position similar to that of the early 1970's, and the
construction of a sand dike for passive inlet nourishment. Also proposed is the nourishment of
approximately 24,000 feet of ocean beach on Emerald Isle's west end.
Field Investigation Report:
Town of Emerald Isle/BICERP
Page 02
9. Narrative Description:
The project site is the inlet between Bear Island in Onslow County and Emerald Isle in
Carteret County known as Bogue Inlet. This inlet provides the hydrologic exchange between
the ocean and the waters of Bogue Sound lying north of the barrier islands, and of the White
Oak River. Lying within the inlet north of the barrier islands are two island systems known
as Dudley and Huggins Islands. Dudley Island is the southernmost of the two, and is
composed predominantly of coastal marsh, with a sand berm on the south side formed by the
flow tides of the inlet. North of Dudley lying at the mouth of the White Oak River is
Huggins Island, more protected and vegetated with forest and shrub/scrub vegetation. Two
channels extend from the inlet to the sound around the west and east sides of these two
islands. There are two ephemeral islands lying within the inlet between Emerald Isle and
Bear Island, known as Island 1 and Island 2. These islands are void in vegetation, and
provide low tide spits for recreation and bird foraging.
To the west of the inlet lies Bear Island, which is owned by the State of North Carolina,
Division of Parks and Recreation, and is operated as part of the Hammock's Beach State
Park. This island is approximately 3 miles in length, featuring ocean beaches, high dune
systems, maritime forest, coastal and federal wetlands. Structures include a bathhouse and
visitor's center, picnic shelter, and a basin stabilized with bulkhead, including a dock for the
landing of the visitor's ferry.
To the east of the inlet is the developed barrier island known as Bogue Banks, and Bogue
Inlet directly abuts the township of Emerald Isle. Emerald Isle occupies the western 11.2
miles of Bogue Banks. This island community is largely residential in nature, with typical
businesses needed to support residential and tourist needs. The subdivision most directly
affected by this proposal is known as The Pointe. This development lies on the ocean, inlet,
and estuarine sides of the west end of the island, adjacent to the inlet. The Swansboro Coast
Guard Station is located on a 4.5-acre tract on the sound side of The Pointe Subdivision.
There are 95 developed residential lots west of the intersection of Coast Guard Road and
Emerald Drive, all of which are served by individual septic tanks and Bogue Banks Water
Corporation.
An island wide beach renourishment project is in place for Bogue Banks. Phases I and II
have been completed utilizing material from offshore borrow areas. A portion of this
proposal composes the third phase of the Bogue Banks Renourishment project.
Bogue Inlet has a throat of approximately 8500', which has been relatively stable for the past
75 years (Cleary, 1996). From 1959 until 1974, the channel occupied relatively the same
position within the inlet, while the tidal shoals migrated east and west (Cleary and Martin).
Since 1981, the channel of the inlet has moved approximately 3900' to the east, for a rate of
104'/year. Subsequently, the shoulder of Bogue Banks has eroded at a rate of approximately
56'/year during this period (FEIS). The tidal shoals adjacent to Bear Island have accreted
during this time. The predominant direction of littoral drift in the Bogue Inlet area is
toward the west, and the mean tidal range is 3.7'.
Field Investigation Report:
Town of Emerald Isle/BICERP
Page 03
As a response to the accelerated erosion on Emerald Isle, several homeowners of The Pointe
Subdivision, and The Town of Emerald Isle itself have had to take measures to protect their
investments. Approximately 700' of sandbags have been installed along the inlet shoreline to
protect homes and infrastructure, and one home has been removed. The sandbags are
temporary measures that will require eventual removal. The east side of the channel
currently abuts the sandbags protecting these residences.
Historical data suggests that Bogue Inlet is related to the ancestral channel of the White Oak
River. The dune systems within the inlet area are vegetated with Sea Oats and American
Beach Grass. Coastal marshes species within the area include Spartina alterniflora, Spartina
patens, Limonium carolinianum, Salicornia spp., Distichlis s icata, Borrichia frutescens,
Juncos roemerianus, and various rushes. Iva frutescens and Baccharis halimifolia form the
shrub/scrub barrier between the marshes and adjacent higher communities. The waters of
the inlet support submerged aquatic communities in the lower velocity zones, protected by the
tidal shoals and marshes of the islands. The SAV communities are typically Zostera
maritima and Halodule wri htii.
The Division of Water Quality classifies the waters of the inlet as SA, with surrounding
waters of Bogue Sound classified SA-ORW. The mouth of the White Oak River is classified
SA, and the waters of the Atlantic Ocean are classified SB. No areas designated as Primary
Nursery occupy the project area. All waters within the project area are open to the taking of
shellfish. The proposal lies within the Ocean Hazard, Public Trust, and Estuarine Waters
AEC's, and consequently within a Land Use Plan designation of Conservation.
The proposed project is based on an analysis period of 1965 to 2055, assuming the
continuation of existing erosion rates in lieu of this proposal. Hydrologic models were run
and have supplied the applicant with information necessary to extrapolate areas of direct,
indirect, and cumulative areas of impact. For purposes of addressing impacts and collecting
pre-project information, the applicant has divided the project into the Permit Area
(anticipated to have direct and indirect impacts) and the Project (or Survey) Area
(anticipated to have cumulative impacts). The Permit area includes Bogue Inlet proper,
extending through the two main tidal creeks east and west of Dudley Island, 3000' of Bear
Island shoreline, and 4.5 miles of Emerald Isle shoreline. The Project, or Survey Area is
expanded to include adjacent marshes, SAV beds, and shellfish beds.
The energy within the inlet itself maintains the substrate with sandy characteristics.
Sediment analyses submitted with the FEIS indicate that the material within the mid-inlet
area has a mean diameter of .3 mm, and 1.25% silt. The US Army Corps of Engineers has
maintained the Bogue Inlet channel since 1981. The maintenance agreement for this channel
requires that the Corps follow deep water to a depth of -8' nlw, and a width of 150'.
An Environmental Impact Statement for this project was prepared for the US Army Corps of
Engineers by Coastal Planning and Engineering of North Carolina, Inc. An archaeological
assessment was clone as part of this document. An Essential Fish Habitat Assessment was
prepared and has been submitted to NOAA, NNIFS. A Biological Assessment has been
Investigation Report:
Town of Emerald Isle/BICERP
Page 04
submitted to the US F&W Service pursuant to the Endangered Species Act of 1973. A
Cumulative Effects Assessment and an Engineering Report were prepared as part of the
Environmental Impact Statement.
In summary, the issues that were raised and scrutinized regarded impacts to shorebirds,
colonial nesting birds, SAV habitat, shellfish, increased erosion to ocean facing beaches, loss
of coastal wetlands/alteration of habitat, sea turtle habitat, sedimentation of navigable
creeks, changes to wave refraction patterns/hydrology, benthic resources, and migratory
patterns.
Evaluation of the hydrodynamics of Bogue Inlet show that the measured and predicted cross
sectional area for the average tidal prism closely agree, indicating that there is a balance
between hydraulic and sedimentary forces, which allow the inlet to remain open (FEIS). The
preferred alternative is designed to maintain this tidal prism.
The following proposal represents preferred alternative "F" as described in the FEIS. This
alternative was evaluated and chosen with all alternatives assuming that the present rate of
erosion would continue over the nett ten years. The size of the proposed channel was based
on analyses of need, which determined the area required to capture the tidal prism and divert
the flow from the west point of the island, and have available material to create the sand dike
and nourish the western ocean beach of Emerald Isle.
The project proposed in response to the increasing and threatening erosion to the -*vest end of
Emerald Isle is three-fold. It includes the relocation of the channel, the construction of a
sand dike for passive closure of the existing channel, and renourishment of the ocean facing
beach of the west end of Emerald Isle. The project will be conducted between November 16
and March 31 to minimize impacts to species migration and spawning. The new channel will
6 t3
be aligned to closely resemble the position of apparent stability between the years of 1959-
1974. This location is somewhat centered between Bogue Banks and Bear Island, and will be
perpendicular in relation to the barrier islands. Positioning the channel in this choice
location will require that the new channel be excavated approximately 3550' Nest of the
current channel.
The proposed channel will be excavated by ocean certified cutter suction hydraulic dredge,
beginning on the ocean side. The excavation will begin in waters in excess of 15' in depth,
and cut northward across the ebb tide delta, which averages -2' n1w. The bottom width of
the channel at its oceanward terminus will be 200', with a -13.5' final nlw depth. Upon
encountering the ebb tide delta approximately 1500' northward, the proposed channel will
widen to 500' bottom width, and continue across this shoaled area for another ±3000'. The
channel will again reduce in bottom width to approximately 150' and continue for another
±2500' northward, terminating in the eastward meander of the existing channel,
approximately 400' from the nhw contour of Dudley Island. The excavation area in total is
approximately 7000' in length, or 47.6 acres in size.
In order to reach the desired depth of -13'5' nlw, approximately 1,009,500 cubic yards of
Field Investigation Report:
Town of Emerald Isle/BICERP
Page 05
material will be removed. As shown in the grain analysis, the spoil appears to be beach
compatible material. The proposal is to place the first 809,500 cubic yards along 23,831' of
Emerald Isle shoreline. This project will constitute Phase III of the Bogue Banks
Renourishment Project. The renourishment will begin at Pinta Drive on the island, which is
the western terminus of Phase II. There will be a 531' taper on the east end, and a 2000'
taper on the west end, with 21,300' of optimal berm. The proposal will extend to the end of
the Land's End Subdivision, approximately .5 mile east of the inlet.
The dredged material will be pumped at a rate of 35.9 cubic yards/linear foot of beach, for a
net expected rate of 31.2 cubic yards/foot when accounting for operational losses. The design
of the berm will begin at the +7' contour line, extending oceanward for a top width of 70',
tapering to existing beach elevation across another 100'. There will be advanced filling of a
width not yet determined, but expected to extend a maximum of 316' from the nhw contour,
with an average of 248' from the nhw contour. It is expected that the berm width will
equilibrate to approximately 35' over a 6-month period.
The remaining 200,000 cubic yards of material will be used to build a 22.1 acre sand dike,
expected to passively fill the existing channel in its present location. This 200,000 cubic yards
of material will be pumped directly into the old channel at a location approximately 2200'
north of the residences at The Pointe. The dike will connect to Bogue Banks at the location
of the existing sand spit just north of the coastal marsh, and extend across the channel for a
distance of 1700', connecting to Middle Ground Shoals. Depending on weather, equipment
malfunction, and other unknown factors, the exercise may require some material to be
stockpiled on the spit.
The sand dike will have a maximum elevation of +4.5', with a top width of 50' and a bottom
width of 700'. The configuration of the dike will be from southwest to northeast. The
models indicate that the tides will carry this material into the existing channel within 4-6
weeks, closing the channel and forcing water into the newly created channel. Maintenance of
the new channel is expected to be required 2 years after project completion. With
maintenance by the US Army Corps of Engineers continuing, models show that the channel
will be stable in this location for a period of 15-35 years.
10. Anticipated Impacts:
A project of this size in a dynamic area of this nature is riddled with unknowns. This was
recognized by the applicant, who has put much effort in reducing the unknowns, designing to
account for those that can be accounted for, and mitigating/monitoring for those that cannot
be. There will be known specific impacts in the form of the following:
47.6 acres of intertidal/subtidal habitat within the inlet will be lost to the excavation of
the channel.
22.1 acres of subtidal habitat will be filled with the construction of the sand dike.
93 acres of beach and fore dune habitat will be disturbed with the renourishment.
Uncertain or indirect impacts are as follows:
OW
Field Investigation Report:
Town of Emerald Isle/BICERP
Page 06
The applicant expects to gain 127.5 acres of Bogue Inlet sand spit by the passive filling
of the existing channel and littoral drift from the nourishment of the island.
It is expected that the changes to wave refraction patterns will cause the creation of
33.2 acres of Bear Island beach through littoral drift.
The applicant expects to lose 17.9 acres of beach along the west end, ocean-facing
beaches of Emerald Isle through changes to wave refraction patterns causing more direct hits
to the beach.
There will be unknown changes to the hydrology of the inlet as the area adjusts to new
current patterns.
There will be impacts to the benthic community through the temporary disturbance of
the beach and burial of infaunal prey, the conversion of intertidal communities to subtidal
communities and subtidal to intertidal and supratidal, and unknown changes to the bottom
habitat due to new hydrologic patterns.
There will be sedimentation impacts during construction that are expected to be
temporary and localized due to the composition of the substrate. It is unlikely although
possible that elevation changes could occur to the tidal marshes.
It is possible that changes to energy patterns could cause scour to adjacent marsh
shorelines.
It is possible although unlikely that sediment transport during construction could
suffocate shellfish and SAV beds, and increased bedload could impair passage of navigable
creeks.
It is possible that the patterns of migration for certain species will be impaired.
It is expected that there will be shore term disturbance to bird communities, causing
temporary relocation.
It is expected that short-term turbidity impacts will result from material loss in the wet
beach community during renourishment.
It is expected that the new tidal flat passively created by the erosion of the sand dike
will form new bird and benthic habitat, possible coastal wetlands, and public access area.
It is expected that the newly widened ocean facing beach on the west end of the island,
and the newly created inlet spit will increase sea turtle nesting habitat.
It is expected that there will be a temporary (4-6 week) reduction in tidal flow from the
increased bedload created by the newly formed dike.
It is anticipated that there will be increased protection for residents along the ocean-
facing beach by the new berm.
It is anticipated that there will be protection to the homes of The Pointe and of the
infrastructure of Emerald Isle through the passive creation of the 127.5 acre sand spit.
The new sand spit adjacent to the inlet will be passively created by nature as a result of
human action, which has caused controversy as to ownership. The Town of Emerald Isle is
currently working with the property owners adjacent to the inlet to obtain necessary
aoreei))ellt5 establishing a line of jurisdiction between private and public uplands. The Town
Ai ill acquire easements from all oceanfront property owners affected by the project.
Conservation easements will be placed on all lands accreted and in public ownership.
Because of the uncertainty of impacts recognized by the applicant and review agencies, the
-
0-Field Investigation Report:
Town of Emerald Isle/BICERP
Page 07
applicant has made several upfront commitments, which are as follows:
A Bird Management Plan, approved and overseen by the US Fish and Wildlife Service,
will be implemented by the Town of Emerald Isle for the inlet area.
The SAV and shellfish beds will be surveyed during the summer after the project, with
digital photography and "ground-truthing" within the Permit Area and digital photography
within the Project Area. Appropriate measures will be taken if impacts occur and are
deemed "significant."
If the Emerald Isle shoreline to the east of the inlet erodes past the Sept 1978 position,
the Town "should consider nourishing."
Mitigation for erosion on Bear Island will be "determined based on consultation with
the NC Division of Parks and Recreation."
Mitigation and monitoring plans for each resource expected to be impacted by this proposal
have been devised and submitted to the appropriate agencies. The Waterbird Habitat
Management Plan proposes posting with post and string the sandy beach of the inlet spit
above the nhw line with "No Trespass" signs, covering the period from April 01 until August
31. This area is to be designated based on the actual nesting area, with a 100-yard buffer,
allowing for a 100' human corridor above the nhw contour. If needed, this human corridor
can be reduced to 25' above the nhw contour. The estuarine side is to be similarly posted for
chick and fledgling foraging, prohibiting year around boating access below the nhw contour.
Island 2 and parts of Bear Island are to be similarly posted. A "No Vehicle" zone is to be
established during the Town's window of time allowing for vehicle access. Additionally, the
Town of Emerald Isle is creating an ordinance to prohibit pedestrian access to nesting and
foraging areas. The legalities of issues regarding this plan have been reviewed by the NC
Attorney General's Office. Specifics regarding the plan may change based on the decisions
made by the AG's Office (attached).
Tere Barrett June 02, 2004 Morehead City
• b.
JUN. -02'04(WED) 08:31 DENNR COSTAL INIGNIT TEL:[phone]
State, of North ("arc?lina
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May 25, 2004
Mickey Sugg
Project Manager
Wilmington Regulatory Field Office
Wilmington District
U.S. Army Corps of Engineers
P.O. Box 1890
Wilmington, NC 28402-1890
Re: Draft Bogue Inlet Water Bird Management Plan
Dear Mr. Sugg:
REPLY T0: 1. ntlcn lcrnigan
rnvirnnmotal DivNiun
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Tclcphunv; 917/716-6600
Fax. [phone]
P. 001
ROOM
JUN 0;1 200q
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Doug I-Iuggett, of the N.C. Division of Coastal Management, forwarded me your request for
a legal opinion' from the State of North Carolina regarding a draft Water Bird Management Plan
(WBMP) associated with the Town of Emerald Isle's proposed project to move the navigational
channel in Bogue Inlet. The project would cause lands to be raised above the mean high water line.'
In particular, you request our opinion regarding items in the proposed WBMP which would restrict
public access on the raised lands, and in the water along the west end of Bogue Inlet.
Because the project has not been permitted, and the WBMP is, as you note: "a first draft
straw man that is subject to change, and has not been fully adopted by the Towel of Emerald Isle,"
we must make certain assumptions to answer these hypothetical questions,
For the purposes of this opinion request, we assume that title to the raised lands would vest
in the adjacent upland owner in accordance with N.C. Gen. Stat. § 146-6(d). Further, any accretion
to those raised lands would vest in the owner of the raised lands, not the State, per N.C. Gen. Stat.
' This is an advisory memorandum. It has not been reviewed and approved in
accordance with procedures for issuing an Attorney General's opinion.
Ownership of such raised lands was addressed in our September 15, 2003 Advisory
Opinion to Representative Jean Preston, (Copy attached.)
JUN.-02'04(WED) 08:31 DEHNR COSTAL MGMT
.0•
TEL:[phone] P. 002
§ 146-6(a). I.C. Gen. Stat § 146-6(0' would be inapplicable so tong as the spoil is placed inland
of the COLREGS line. We note, however, that if the dredged spoil material were used to create an
island in the inlet, that island would belong to the State, perN.C. Gen. Stat. § 146-6(d). (faccretion
caused the island then to become connected to privately owned property along the inlet or sound, the
State's interest in the island would not cease, The boundary line would be located at the point where
the State-owned island and the private uplands eventually join. State v. Johnston, 278 N.C. 126,
146-147, 179 S,E.2d 371, 384 (1971).
We also assume that the raised lands would be conveyed to the Town of Emerald Isle, and
that the land would be included within the Town's corporate limits.
The "MP contemplates that the Town of Emerald Isle would adopt certain restrictions on
public use to protect water birds by enacting a local ordinance. That ordinance, which has not been
adopted, is not before us for review. However, such an ordinance would be valid if it were within
the scope of the Town's police power delegated by the General Assembly in Chapter 160A of the
General Statutes. The general ordinance-making power of cities and towns is set forth in N.C, Can.
Stat. § 160A-174, which reads:
(a) A city may by ordinance define, prohibit, regulate, or abate acts, omissions, or
conditions, detrimental to the health, safety, or welfare of its citizens and the peace
and dignity of the city, and may define and abate nuisances.
(b) A city ordinance shall be consistent with the Constitution and laws of North Carolina
and of the United States, An ordinance is not consistent with State or federal law
when:
(1) The ordinance infringes a liberty guaranteed to the people by the State or
federal Constitution;
(2) The ordinance makes unlawful an act, omission or condition which is
expressly made lawful by State or federal law;
(3) The ordinance makes lawful an act, omission, or condition which is expressly
made unlawful by State or federal law;
(4) The ordinance purports to regulate a subject that cities are expressly
forbidden to regulate by State or federal law;
(5) The ordinance purports to regulate a field for which a State or federal statute
clearly shows a legislative intent to provide a complete and integrated
regulatory scheme to the exclusion of local regulation;
' The statute provides; "[n]otwithstanding the other provisions of this section, the title to
land in or immediately along the Atlantic Ocean raised above the mean high water mark by
publicly financed projects wluch involve hydraulic dredging or other deposition of spoil
materials or sand vests in the State."

JUN.-02'04(WED) 08:32 DEHNR COSTAL MGIT TEL:[phone] P. 003
(6) The elements of an offense defined by a city ordinance are identical to the
elements of an offense defined by State or federal law.
The fact that a State or federal law, standing alone, makes a given act, omission, or condition
unlawful shall not preclude city ordinances requiring a higher standard of conduct or
condition.
The central focus of the WBMP is the protection of water birds which might use the raised
lands. With certain limited exceptions, the power to regulate the conservation of wildlife resources
is vested exclusively in the N,C. Wildli Fe Resources Commission (WRC) pursuant to N.C. Gen. Stat.
113-133.1. The statute provides the following exception for local ordinances:
This Subchapter is intended to express State policy relating to the conservation of wildlife
resources. Nothing in this section is intended to repeal or prevent the enactment of any
city or county ordinance otherwise validly authorized which has only a minor and
incidental impact on the conservation of marine and estuarine and wildlife resources.
This section does not repeal G.S. 153A-127, G.S. 153A-131, G.S. 160A-182, G.S. 160A-
187, and G.S. 160A-188, nor any local act establishing bird sanctuaries, except that local
authorities operating bird sanctuaries may not regulate the talcing of game or otherwise
abrogate valid laws and regulations pertaining to the conservation of wildlife resources.
N.C. Gen. Stat. § 113-133.1(c). [Emphasis added.] "Wildlife resources" as used in the statute
includes "all wild birds." N.C. Gen. Stat. § 113-129(17). As the primary purpose of the ordinance
would be to regulate the activities of the public relative to wild birds, the exception for ordinances
that have "only a minor and incidental impact on the conservation of ... wildlife resources" would
not apply.
Thus we turn to the second exception for "bird sanctuaries." N,C. Gen. Stat. § 160A-188
allows cities to create bird sanctuaries within their city limits, providing as follows:
A city may by ordinance create and establish a bird sanctuary within the city limits.
The ordinance may not protect any birds classed as a pest under Article 22A of Chapter 113
of the General Statutes and the Structural Pest Control Act of North Carolina of 1955 or the
North Carolina Pesticide Law of 1971. When a bird sanctuary has been established, It
shall be unlawful for Any person to hunt, kill, trap, or otherwise take any protected
birds within the city limits except pursuant to a permit issued by the North Carolina
Wildlife Resources Commission under G.S. 113-274(c)(1 a) or under any other license or
permit of the Wildlife Resources Commission specifically made valid for use in taking birds
within city limits. [Emphasis added.]
To be valid, the Town of Emerald Isle's ordinance must be within the authority granted it tinder these
provisions. The WBMP, Section 5.2, proposes a local ordinance to prohibit the taking of water
birds. Such a provision may be inconsistent with N.C. Gen. Stat. § 113-133.1(c), limiting local
AN.
JUN.-02'04(WED) 08:32 DEHNR COSTAL MG)IT TEL:[phone] P. 004
regulation of wildli f'e resources. The statute also bars local governments operating bird sanctuaries
from regulating "the taking of game," Please now that the definition of "game" includes "migratory
game birds" such as wild ducks, geese, brant, swans, rails, coots and gallinules, N.C. Gen. Stat. §
113-129(11 b). We suggest th at such an ordinance shou Id be reviewed by counsel for the WRC prior
to adoption.
Section 5.1 of the WBMP proposes barring public access to the majority of the raised lands,
but providing a public access corridor of 100 feet above the high tide line along the shoreline, which
could be reduced to 25 feet to avoid nesting colonies- The raised lands would be within the Ocean
Hazard Area of Environmental Concern (AEC) designated by the Coastal Resources Commission
(CRC) in 15A N,C. Admin. Code 7H.0300, et sect, under the authority of the Coastal Area
Management Act ("CAMA"), N.C, Gen. Stat. §§ I t3A-100, et seg. Therefore, any development,
including the proposed fencing and signs preventing public use must be consistent with CAMA
permitting regLdrements. As part of the beach below the dune line, the newly raised lands would be
subject to public trust rights of access and use. N.C. Gen. Stat. § 77-20(d)-(e). 'The CRC's Use
Standards for Ocean Hazard Areas provide:
Established common-law and statutory public rights of access to and use of public trust lands
and waters in ocean hazard areas shall not be eliminated or restricted, [Emphasis added.]
15A N.C. Admin. Code 71.1.0306(a)(6). In order to be permitted, the WBNQ's proposed public
access restrctions must be found to be consistent with this requirement. N.C. Gen. Stat. § 113A-
120(a). This appears problematic.
Section 5.2 of the WBMP also contemplates that the Town would restrict driving on portions
of the raised land. The power of a municipality to regulate driving on "the foreshore, beach strand
and barrier dune system" is found in N.C. Gen. Stat. § 160A-308, which provides:
A municipality may by ordinance regulate, restrict and prohibit the use of dune or
beach buggies, jeeps, motorcycles, cars, trucks, or any other form of power-driven vehicle
specified by the governing body of the municipality on the foreshore, beach strand and the
barrier dune system. Violation of any ordinance adopted by the governing body of a
municipality pursuant to this section is a Class 3 misdemeanor.
Provided, a municipality shall not prohibit the use of such specified vehicles
from the foreshore, bench strand and barrier dune system by commercial fishermen
for commercial activities, Commercial fishermen, however, shall abide by all other
regulations or restrictions duly enacted by municipalities under this section. [Emphasis
added.]
The WBMP proposes restricting all vehicle traffic on the raised land, which would be within "the
foreshore, beach strand and barrier done system." Nothing else appearing, the Town would be
unable to prohibit use of the area by vehicles used for commercial fisherman for commercial
activities.
•
JUN.-02'04(WED) 08:32 DEHNR COSTAL `lG1T TEL:[phone] P. 003
Section 6 of the WBMP proposes the erection of posts and signs in the sound below the low
tide line, preventing all public access and forbidding the landing of vessels in designated bird
foraging areas. Chapter 75A of the General Statutes vests the WRC with the power to regulate
vessels on the "waters of this State." The waters of the sound are part of the "waters of this State"
as defined in N.C. Gen. Stat. § 75A-2(6). Such submerged lands are held by the State of North
Carolina in public trust for the use and benefit of all its citizens for public trust purposes such as
boating, fishing and recreation. y that the Town lacks au 1 on y to 281,464 S.E.2d
publi£access?o those;lands
Gen. Stat. § 1-45.1. It would seem
and waters by local ordinance.
The waters of the sound are also within the Public Trust Areas and Estuarine Waters Areas
of Environmental Concern (AEC); therefore, the stakes and signs would also require a permit tinder
CAMA. The Use Standards for the Public Tntst Areas AEC require that development "shall not
impede navigation or create undue interference with access to, or use of, public trust areas or
estuarine waters," 15A NCAC 711.0208(a)(2)(H). In ordcr to be permitted, these provisions of the
WBMP must be found to be consistent with this requirement. N.C. Gen. Stat. § 113A-120(a).
Again, this appears to be problematic.
We hope this information is useful to you, Please note that this opinion does not address any
other permits, easements or other approvals that maybe required for this project. If further questions
arise, please do not hesitate to contact us.
Sincerely,
I
J. Allen Jemiga
Special Deputy Attorney General
Merrie A L Jo oke
Assistant A t mey General
Attachment
cc: Brooke Lamson
Frank Rush
Charles Jones
Doug Huggett
Norman Young
JUN.-02'04(WED) 08:33
DEHNR COSTAL INIOIT

C:c)c?f?GR
ii )y
0II4NISl' tll=Nl:1?,\I.
Stntc, of Norrf) C?irolina
Departn-ienr Of Juslicc
l3oc ti:d(t
kAll_1=10'1
27602-0629
TEL:[phone]
REPLY TO: Jamey C, Gulick
Environmental Civi9ion
ipu1ick@mai1,iuS.91a 10.nC. uS
Talepnona; 9191715.6600
Fax! 9191716-67B7
September 15, 2003
Representative Jean Preston
603 Legislative Office Building
Raleigh, NC 27603-5925
Re: Advisory Opinion concerning ownership of dredged fill and accretions on Bogue
Banks at Bogue Inlet; N,C. Gen. Stat. §§ 146-6.
Dear Representative Preston:
You ask several hypothetical questions relating to ownership of land that might
be created by dredging fill and accretion on Bogue Banks at Bogue Inlet. The
questions pose different actions the Town of Emerald Isle hypothetically might take in
relation to its effort to move the navigational channel in Bogue Inlet from its current
location directly next to Rogue Banks toward the middle of the inlet approximately 3000
linear feet west of Bogue Banks (Emerald Isle) and approximately 4,000 linear feet east
of Bear Island. The Town proposes to block the old navigational channel and to
stabilize the inlet shoreline at Emerald Isle.
The Town contemplates blocking off (damming up) the old channel with a large
sand deposit of dredged material inland (i.e., North) of the area of the western tip of
Bogue Banks adjacent to a large sand spit that has formed there. The Town wants to
assure that beaches created by its dredging and nourishment project, including any
beach that is expected to be formed along the existing channel's shoreline, will remain
undeveloped public beaches vested in the State of North Carolina. In a conversation
with the Town Manager after receiving your request, we ascertained that the Town's
primary concern is an area of channel shoreline where a number of houses in the Town
of Emerald Isle are threatened by the channel's eastward erosion, This area is inland
of the COLREGS Demarcation Line,' but well seaward (i.e., South) of the proposed
..
P. 006
' The COLREGS Demarcation Line is a useful tool in determining where the
Occ2n shoreline ends and the channel, or inlet, shoreline begins. It is the same as the
I?.
JUN.-02'04(WED) 08:33 DEHNR COSTAL MGMT
Representative Jean Preston
September 15, 2003
Page 2
dam. You ask specifically:
TEL:[phone] P. 001
Question 1: If the Town's blocking off the old navigational channel in the manner
described were to cause significant accretion along the old (existing) channel's
shoreline on Bogue Banks at Emerald Isle, would the accretion be owned by:
A. The current owner of the upland property pursuant to N.C. Gen. Stat. §
146-6(a) , or
S. The prior owner of property that has already completely eroded away prior
to the dredging project;
C. The State of North Carolina in trust for the public pursuant to N,C, Gen.
Stat. § 146-6(f) ("land in or immediately along the Atlantic Ocean"] or N.C.
Gen. Stat, § 146-6(a) ?
In our opinion, both our statutory and case law would make the current owner of
the upland property the owner of the newly accreted land. Pursuant to N.C. Gen. Stat.
§ 146-6(a), "If any land is, by any process of nature..., raised above the high
watermark of any navigable water, title thereto shall vest in the owner of that land
which, immediately prior to the raising of the land in question, directly adjoined the
navigable water." "'Accretion' denotes the act of depositing, by gradual process, of solid
material in such a manner as to cause that to become dry land which was before
covered with water." State v. Johnston, 278 N.C. 126, 146, 179 S.E.2d 371, 384
(1971). It is a "process of nature."
The State would not acquire any interest in the accreted land because N.C. Gen,
Stat § 146-6(f) is inapplicable to the hypothetical question posed for two reasons, First,
subsection (f) does not apply to lands raised by accretion. Rather in our opinion, it
applies only where the new land is raised above the mean high water mark by direct
deposit by man of dredging fill or spoil on the shore.
Second, subsection (f) explicitly applies only to the title to land "in or immediately
along the Atlantic Ocean." This hypothetical question, like those remaining, assumes
that the deposition at issue is on the channel shoreline, as distinguished from the shore
in or immediately along the Atlantic Ocean.
baseline of the State's territorial sea, which is determined according to the International
Convention on the Territorial Sea and the Contiguous Zone. United States v.
California, 381 U.S. 139 (1965). This line has been located at Bogue Inlet according to
the International Regulations for Preventing Collisions at Sea, commonly known as
"COLREGS," pursuant to 33 U.S.C. §§ 150 1, et seq."
eft
JUN,-02'04(WED) 08:33 DEHNR COSTAL NIGIT TEL; 919 733 1495 P. 002
Representative Jean
September 15, 2003
Page 3
Preston
Finally, the title of the previous owner, whose property had been completely
washed away by erosion, was extinguished; it is not he, but the current owner, who
would own the newly accreted land. Carolina Beach Fishing Pier, Inc. v. Town of
Carolina Beach, 277 N C_ 297, 177 S.E.2d 513 (1970).
Question 2: If the Town were to directly place a portion of the dredged material along
the old (existing) channel shoreline (i.e., beside the threatened homes) in Emerald Isle,
thereby creating a small strip of land along that shoreline above the mean high water
mark, would that newly created shoreline vest in the State?
Once again the answer is no. N.C. Gen. Stat § 146-6(f) is inapplicable again
because the channel shoreline about which the Town is concerned is n6t "immediately
along the Atlantic Ocean." Instead, N.C. Gen. Stat. § 146-6(d) provides the answer.
That section provides in pertinent part:
"[1]f in any process of dredging, by either the State or federal government, for the
purpose of deepening any harbor or inland waterway, or clearing out or creating
the same, a deposit of the excavated material is made upon the lands of any
owner, and title to which at the time is not vested in either the State or federal
government, or any other person, whether such excavation be deposited with or
without the approval of the owner or owners of such lands, all such additions to
lands shall accrue to the use and benefit of the owner or owners of the land or
lands on which such deposit shall have been made, and such owner or owners
shall be deemed vested in fee simple with title to the same,"
Thus, title to the raised lands would vest in the adjacent upland owner in accordance
with N.C. Gen. Stat. § 146-6(d). The fact the Town, rather than the State directly,
finances and conducts the dredging and filling makes no difference. The Town is a
political subdivision of the State and, in our opinion, the legislature did not intend that
the State would have greater rights if the Town, rather than the State, financed the
project. Any accretion to those raised lands would vest in the owner of the raised lands,
not the State, per N.C. Gen. Stat § 146-6(a).
Your third question contemplates that the title to the newly raised land in one or
both of the first two questions would vest in the State. As neither of the methods
described in Questions 1 or 2 would vest title in the State, this question is moot and we
do not address it
Question 4: Assuming that neither of the methods described in Questions 1 and 2
would vest title to the newly raised land in the State, can you identify any appropriate
mechanism, either at the State or local level, that can be implemented to insure that no
development of newly raised land at the channel shoreline of Bcgue Inlet at Emerald
Isle can occur?
•
Isle can occur?
C:AMA permitting requirements. Additional protections against development could be
obtained by obtaining from the upland owners the dedication of a conservation
easement to the Town, in exchange for the deposition of fill materials on their lots,
If the dredged spoil material were used to create an island in the old channel,
that island would belong to the State. "If an island is, by any process of nature or by act
of man, formed in any navigable water, title to such island shall vest in the State and
the island shall become a part of the vacant and unappropriated lands of the State."
N.C. Gen. Stat. 146-6(d), Were the island by accretion then to become connected to
privately owned property along the inlet shoreline, the State would retain its interest in
what had been the island. The boundary line would be located at the point where the
State-owned island and the private uplands eventually join. State v. Johnston, 278 N.C.
at 146-147, 179 S.E.2d at 384. This, of course, could be an expensive operation with
an uncertain outcome, depending as it would on accretion.
Please note that this opinion does not address what permits or other approvals
may be required for this project. We trust this Advisory Opinion is helpful to you and the
Town.
Sincerely,
0•
J es C. Gulick
nior Deputy Att
J. Allen Jernigan
Special Deputy Attorney General
.4 .
Form DCM-MP-1
APPLICATION
(To be completed by all applicants)
1. APPLICANT
a. Landowner:
Name Town of Emerald Isle
Address 7500 Emerald Drive
City Emerald Isle State NC
Zip 28594 Day Phone [phone]
Fax [phone]
b. Authorized Agent:
Name Coastal Planning & Engineering
o North Carolina, Inc. Tom Jarrett
Address 204 Dorchester Place Project Mgr.
City Wilmington State NC
Zip 28412 Day Phone [phone]
Fax [phone]
c. Project name (if any) Bogue Inlet Channel
Erosion response Project
NOTE: Permit will be issued in name of landowner(s), and/or
project name.
b. City, town, community or landmark
Emerald Isle
c. Street address or secondary road number
N/A
d. Is proposed work within city limits or planning
jurisdiction? X Yes No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) White Oak River, Bogue Inle
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 and/or filling activities.
Excavation of new channel; creation of
sand dike.to close existing channel and
nourish ZJ,dJ1 linear ee o Beat -with
use or excavate ma eria
b. Is the proposed activity maintenance of an existing
project, new work, or both? both
c. Will the pro ect be for public private or commercial
use? ' applicable to all
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 pages.
2. LOCATION OF PROPOSED
PROJECT
a. County Onslow and Carteret County
see attachment
Revised 03/95
r.
Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
m. Describe existing wastewater treatment facilities.
see a tacAe
47.6 acres channel)
a. Size of entire tract 22.1 acres dike) n. Describe location and type of discharges to waters
23,831 linear ft shoreline of the state. (For example, surface runoff, sanitary
b. Size of individual lot(s) N/A wastewater, industrial /commercial effluent, "wash
down" and residential discharges.)
c. Approximate elevation of tract above MHW or see attached
NWL maximum elevation +4.5 NGVD
d. Soil type(s) and texture(s) of tract
see attached
e. Vegetation on tract none
f. Man-made features now on tract
none
g. What is the CAMA Land Use Plan land
classification of the site? (Con.tuh the local land use plan.)
X Conservation Transitional
Developed Community
Rural Other
h. How is the tract zoned by local government?
conservation (Bogue Inlet and Ocean
trodible areas)
i. Is the proposed project consistent with the applicable
zoning? X Yes No
(Attach zoning compliance eerrificate, (applicable)
j. Has a professional archaeological assessment been
done for the tract? X Yes No
If yes, by whom? Tire ater At antic Research
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
Are there wetlands on the site? X Yes _ No
Coastal (marsh) X Other
if yes, has a delineation been conducted? X
(Attach documentation, if available)
see attached
o. Describe existing drinking water supply source.
see attached
5. ADDITIONAL INFORMATION
In addition to the completed application form, the
following items must be submitted;
• A copy of the deed (with state application only) or
other instrument under which the applicant claims title
to the affected properties. If the applicant is not
claiming to be the owner of said property, then
forward a copy of the deed or other instrument under
which the owner claims title, plus written permission
from the owner to carry out the project.
see attached
• An accurate, dated work plat (including plan view
and cross-sectional drawings) drawn to scale in black
ink on an 8 1/2" by 11" white paper. (Refer to
Coastal Resources Commission Rule 7!.0203 for a
detailed description.)
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
Revised 03/95
Ad
Form DCM-MP-1
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
• A Stormwater Certification, if one is necessary.
not applicable
• 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 see attached
Address
Phone
Name
Address
Phone
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.
A final EIS was submitted to the USACE
Wilmington District 3/29/04
Public Notice issued 4/5/04
• A check for $250 made payable to the Department of
Environment, Health, and Natural Resources
(DEHNR) to cover the costs of processing the
application.
see attached
• A signed AEC hazard notice for projects in
oceanfront and inlet areas.
Not applicable
• 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 land's, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act.
6. CERTIFICATION AND PERMISSION
TO ENTER ON LAND
I 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.
Zoe S/
This is the /S day of I9-
Print Name T ?2Ge? oir7 ?Grjre;
Signature 1 , ,i?yn
jandowFer o Authorized Agee L a?Z2P>?
,,J T
Please indicate attachments pertaining to your proposed
project.
X 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 form.
Revised 03/95
A.
Form DCNi-NIP-2
EXCAVATION
AND FILL
(Except bridges and culverts)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-I. 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 feet.
Areragt f aat
Existing PIDJect
LenYth V1'idth Depth Depth
Access
channel
(MLW) or (NWL)
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other
(Excluding
shoreline
stabilization)
Sand Dike
Appro. Htlx Approx -13.5 ft
7000 500 -2 ft NGVD
ft ft NGVD
0 0 0 0
0 0 0 0
0 0 0 0

0 0
?x
,s <Q .

Appro Appr Max Max
11700 700 -12 +4.5
ft ft NGVD NGVD
Bottom
50 ft
Top
1. EXCAVATION
a. Amount of material to be excavated from below
NIHW or NWL in cubic yards 1,009,500 cy
b. Type of material to be excavated mean diameter
0 30 mm silt =1.257. (shell content is mini
c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic vegetation
(SAVs) or other wetlands? Yes X No
d. Highground excavation in cubic yards 0
2. DISPOSAL OF EXCAVATED
MATERIAL.
a. Location of disposal area see attached
b. Dimensions of disposal area see attached
c. Do ou claim title to disposal area?
Yes No (dike and beach)
If no, attach a letter granting permission from the
owner.
d. Will a disposal area be available for future
maintenance? Yes X No
If yes, where?
Revised 03195
r
Form DCNI-NIP-2
e. Does the disposal area include any coastal wetlands
(marsh), SAVs or other wetlands?
Yes X No
f. Does the disposal include any area in the water?
X Yes No
If yes,
(1) Amount of material to be placed in the
water
(2) Dimensions of fill area
b. Will fill material be placed in coastal wetlands
(marsh), SAVs or other wetlands?
Yes X No
(3) Purpose of fill
3. SHORELINE STABILIZATION
a. Type of shoreline stabilization Beach Renourishment
Bulkhead Riprap
b. Length 23,831
c. Average distance waterward of MHW or NWL
248 avg
d. Maximum distance waterward of MHW or NWL
316 max
e. Shoreline erosion during preceding 12 months
2.0 feet/year
(Source of inforn+orion) 1012001 Bogue Banks
Beach Nourishment Env. Assessment
f. Type of bulkhead or riprap material
N/A
g. Amount of fill in cubic yards to be placed below
water level
(1) Riprap N/A
(2) Bulkhead backfill N/A
Beach Nourishment 809,500 cy
h. Type of fill material
Beach Quality Sand
i. Source of fill material Bogue Inlet Channel
Erosion Response Project Area
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
a. Will fill material be brought to site?
Yes X
T) 17
r
Revised 03195 MAY 2 8 2004
114018head City DCNi
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 controlled?
See aLCacflea
b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
cean certi ie cutter suction
nydrauiic dredge or dust pan dredge
c. Will wetlands be cr: ssed in transporting equipment
to project site? Yes X No
If yes, explain steps that will be taken to lessen
environmental impacts.
AtfvgUnt or
fi?i ,???ol?N?il?ya
?w-,? T iztl?t
// /f; zao V
Date '
A.
MriY-26-2004 WED 04:43 PM NO DIV OF COASTAL MGMNT FAX NO, 4
DIVISION OF
I,,k,ol
li
To
P. 01
i j
COASTAL MANAGEMENT
10
NCDENR
n Ikirrn44 C.?J1p IN& C)UlMirMCM OF
1//?( £n?nnumr•R u,o ?iNw?.a. Fzcsa?ncc;
?QIpr
qy t?"
C MORE-HEAD CITY, NC 28557 cry
h <20
Cl? 51-B HWY. 24, F•IESTRON BUILDING Q
TEf..L'PHONL`•: [phone] OC/?
TAX: [phone]

OFFICE::
TFI,I PHONE, #: FAX #:

OFFICE: D.IVISIQ.N

RF:
1)ATJ, SEN-r'.`?? U
TOTAL M14'yIF31 R OF? PAC3FS
MAY-26-2004 WED 04;43 PM NO DIV OF COASTAL MGMNT FAX NO, 4
BEFORE YOU BUILD
When yclIN uiIJ LIIUilg Itlc! act'3lltl-0 11tyou tak0a coIculaLed
risk. M)turaI f0l'CE's of wilICI' Alid Wind Co IIid(I With tons of
fort t;', evell oil l thin days,
Ma11411IJ0 SITHC(111-CS Can1) 0t be guirank?.c?d to s1.11'vive, the
torcc of a Imr-ricime. Lon -terrlt erosion (or barrier island
1ni;,rali on) nmy take from two 10 ten feet of thebCache ach
yeor and, sooner or later, will thrua(en oceanfront struc-
turc.s, Thoso are. the. facts of life for oceanfront property
olJllt r,s.
Tjl,? Coastal Iansources Cotnnaission (CRC) has adopted
rul(!s for lnlilclinl; along; tho oceanfront. The Ades are in-
ttlndcd to avoid an nnrcason-lble risk to life and property
and to limit lnlhlic imd private. losses from storms and
1;)ng; term cro5ion. These 111105 lessen but do not eliminate
tht2 eluinc'ilt of rise: in oct:,anfront development,
A5 yotl con',idcr building along' the t)cczinfl'Ont, t11C C
)v;+nts you to t.lndcrstmid the rt.lles,lnd the risk?. WiIII this
lwowlmclg;c yon 1,111 rllokr_, o more informed decision about
whurc and hilly to build in the coastal area.
The Rules
Idht.rl, yoil build alollg; the ocuarlfroll t, coastal n1,.uing;o-
11u0llt r1.11c:: I'L%luire that tilt, structure be.. sited to fit safely
II1to thLi bL`,1ch (.1wironialent.
ctrl lCturL!5,jllorlg; the oceanfront w ustbc. behind thi fr ) it
eillnc,1ar1dW,1rd of the crest of the hrk)-mry cl nee mcl set
back fr(iln the first lisle (lf notural Stable vcg elziholl o dis-
til ncm ctlu,ll to 30 times [lie i mitiol erosion r;l tc (a mi.nirnunl
Ofii0frcl). I_arl;dslrnctures (multi•familyresidenLicit slruc-
Iul'e1ti hrvM(2i' thin 5,000 sqLll -o feet and noil-re;il(1c11Llal
?Lrl.lcluri a „r?atc!r thmi 5,000 squaro feet) must, be set back
from Clio first lint` of natural slable vet;eui(ion a distrlnce
vgtil ll to 60 times the amw, l erosion rate; or 120 feet,
SC I UACK I SL'i'IIACK In FIRST LINE OF
?. ?'- --.... - - ----- __ SI' A U 1.. E
60 x ff11 rr\I AL 30 x IAWRAG EI AVERAGE AL i VCGLNATURAI.
rATION
UU??' •l (EROSION I EROSION
IRATE. I1,ATE
[1 []u
SI'Au(IURCS) I srRuclUit ril
whichever is g;rcaler, If the erosion rata is greater t1vin 3.5
feet/year, the setback is 30 times the erosion rata pll.ls 105
feet.
The Reasons
The bi:achfront is an ever-charlg;iilg; h?ndform. 'l he beach
and the dunes are Natural "shock absorbers", takillg the
bca(ingS Of the windS alld 1'vavcs and protcctin, the inland
arc';);, By setting; back 30 or 60 times the anntlaf long;-terns
erosion rate, you have a good chance of elljoyirlg; llie full
life of the strucLure. At first, it scenes Very inviting; to build
your dream house as close to the beach as possible, but in
five years yotl could find the dream has become a
nightmare as ldg?h tides and storm title; lhreolen your
mvcstment.
The Exception
The Coastal Resources Coilliiiisslon reCO-1117Ce1 that the;e
rules, itli.tiolly passmd in June of 1979, mil;ht prove a
hardship forso111e I?rol?mrty owners. "f hcrcfore, they estab.
lishcd an exception for lots which cannot meet the smlback
requirement.'lhccxceptional!oWSb lilcling;;illfrolltof(lie
setbock lisle if tllc foilolti'ulg collelitloli.i apply:
(1) the lot must have 1,oen plattecl is of jlme 1, 1979, and
not capableof bci.ng cnlarg;cll bycomhininh With aellO:tlillh
land under the same olvnership, (2) clevelllpillent n1uSL be
as far back on the property as possil?lm and in no else less
than 60 feet landwarcl of the veg &ition line, (3) no
develol)meiit can take placeon the frontal dune (4) :special
coils tcuctiOll standards on hilinh depth and sauart fo;ltag;e
must be islet and (5) all other CAMA, st'Ite and local
regulations must be inct.
The exemption is not available in the Inlet F I?,lril Areal.
To clelernihie elipibili ty for the exception, the LOC?)l Permit
Officer will make these nleasllrenlcnts at) d obscrvalions:
rcgairc(l SM%t7ck from 1h'L?Ctlll, i! 1))IC
E.Ct-cp11011 sctb 7ck OwzxC1 :o)i f' ii1111C)
rear property Iiiie sctbvck
Ilcrix. rrllnu?t7! It! ,,,junrc foolRw", o?: lo7c??sl floor
lot Itrcrl (rs cal,: cdatc'ct fror;l LCJc' +ciorl lm._-
_.....__ pilhl,q li Nglh )seeded to cxtroll 1 fetct f,-clo-.v MSL
?- PRE-PERMIT STRUCTURE; INADEQUATE SETBACK
N'.Ritll'I'TL[1
S1'I.L'CrURL; ` .. PRE•sroioo 0EAC1IPROFILE
A JIIACK E PO
SF11!CK ST-STOR?l BEACH PROFILE
_ ? -
- --- - - '? '? ONC YCAR AF1 ER SToRMNEACH REULILOING
we?
P. 02
MAY 2 8 2004
Setting Hack for Safety: A Guide to Wise Developmenrt AloCnnpt't@dcQby D
ref!; r I?'?' sloroi, tics' {(louse' (m 111C (11me will be.' ?rn??, "1I.-Y Ot'h r IIIINS;' ba,; (7 mHCh b,.th'r ci;rlr,Ce ,'; >ltr?.i:.:7!.

MIRY-26-2004 WED 04:44 PM NC D I V OF COASTAL MGMNT FAX NO. 4
P, 03
AEC HAZARD NOTICE
G*Ira122cZ 1:7, lo An: VZO(aall Erodible Area
O.'Arr Lot kva ; Platted:
I his 1*1() ticc is irrtc`IlC1Ci1 to )1171:0 yol.t, the applicant, aware
of [tic, spcciil risks atld conditions associated with
df"?e•lo??ment in this i11-ca, which is subject to niltural
I , zards:5uch as sl(lrmo erosion and currents. The rules Of
th:! Cw)slid Rcsour•c'oe. Commissions rcgiiii-e that you
tr?'i'ivc im Alr.C I•Iazord Notice and acknowledge that
nntke in writing; betnre a permit for develuprnent can be
i:,s u"L
'ChcCiunI'll .issioll'STURsonbuildingslandards,ocean front
s!'tbarksn10thine aheraSmarcdc: goedtonlinirnize,h111t
not Ulimhatc, prill)crty to>s from hnzards. fly g rallting
l (i.rr(1its, t1I :' Coastal Resmirces Commission does 11ot
t7U liaiL(`t' the safNy of the c:1cv00pniont Iliad osslinles [lo
liilhilily Al, Am! dami gn to the d;: ehTineot.
'I 11:, bc; t av,111oblo irlforrn,ltion,%1S ilccgxod by the Coastal
Colll -nissioll, incllcates that the onnual occiln
c wr ion 1 at (t.)r th,? nrea ?vltero your propct'ty is located is
J/_;7 1
1......) __ Icc Im ycar.
'I he Iva, cstnblislwd by c?ireful analysis of amial
14mi >,yop s of To cUaWe taken over the past 50 yon.
RUC1 :" 060 indiallc 111:11 the K,rclirle CUldd move as
mlICII B} fc(r t land word illa TnoioI'storill.
'I h(: flood 1v 1l( rsin ai Ij(.1T:slonnil predictaltobeabout
I'IL;fcrr (1 occollfront protc,Ction lncilStules are beach
lnourishni,.,nt oud rdo&alion of threatun d structure
Ii lr(i rmsWn c.orllrol slnlcturets such as bulkheads,
sc.'molls, covel"ient.s, groin, jelUcs inn br'oaKwoters are
ll)'(11'1lli:t.:ll.leinporarydevlceLinchdin sand lugs finny
hi°iIl)c}1 c;11111,1c ccrftlinlcinlditioils.
IKs str,chmeWUbe nlm t1,dordisnlr.liltledwithintwo
yo,us of 1?,,'Conlirp, imnlin,ullly tlre<llellcd•
'Ihn app1. cant nu;t acknwlc(,+> this infornlalionl and
100rCCU."05 by Sihlii 9 lods nonce in the Lohm space.
tiV,lh(11.',t LIT 17;.'(12`'1' Si1?,11,ltLII'0, the ilpplic hOrl l1'111 riot be
I
+ (?1??
.2 A",
" zn?
Hight Hazard Flood Area --%Z Inlet Hazard Area
SPECIAL NOTE: This hazard notice is TAl nred fo
dcvclopnwiq in areas subject to sudden and massive
storms and erosion.PuNtsissucdfor develo )mentirlthi.
area expire on December 3l of the third year ?ol.lowing; the
I in which the permit was issued. Shortly before wurl
begins on the project site, the Local Permit Officer wit
delenni.ne tale vegetation line and setback distance at your
silo.Ifthepropony hasscen]itt1Uc11ang;eand theproposc?
developrilent can still meet the setback requirement, the
U0 will illforniyouitlaty ULlllla bcgiii%vork.Itisi111pur-
tantthat you check wit Mel ,PC) before thepernlit expires
for official approval to cowimic the work after the pcrolit
h@5 expired. Generally, if founda0mi pilings have been
placed anti substantial progress is COntil.lllillJY,, pcr111it
renewal may not be nccusary. If subs AnIi0 progress has
not been made, the panUt must be renewed and a new
setback We es blkhed, Tt is unlawful to continue work
her permit expiration without this approval.
Yor It10rc information, contact;
V- _
r _
?ddress -. -
Locality
J

,izz
MAY 2 8 2004
MnrGhead City ACM
Reviled 1 1/93
Sent By: CP&E; 561 391 9116; May-26.04 16:04; Page 2/3
unr-co-cuuy wt i) U4.44 rll NU VIV OF COASTAL MGW FAX NO. 4 P. 03
AEC HAZARD NOTICE
r'rojc:ct IZ hi An: ?0caan Erodible Area
M10 1! at War; flatted: -?]?)
This
noltcn i5 irltt'nded to mn0you, the applicant, aware
c,f ik' spccl,tl risks and conditions as,cuclated with
developincnl in this area, which is subjec[ to natw'at
lr,l?ar?ls su;,h as slcn ms, erosion W)d carren13,'1'lle rules of
010 CO,•lsl»l hcsourm, C:onullissf()lt re(11111.e that you
t,''QQive s111 Al-C: 1^1174'Ird Notice and dcknuwlQ.1 that
tlntice in writing; before a permit for clevelupm e
ent ( 'qc rl be
I:,st?? cl.
t'hc Cc,rnrrrl?sJc7c1's rulGa "'I b"IM1119 stuldard9,ocea Orem
VIINIckc;ltlci dune alltcratlonarrrclcslg;tle'd tominimlxe,but
not ellminate, Proper loss frum hnurds. By granting;
I'vntits, thv C o;lstal `??'%esocrrces Commission does not
g;un1n11tr0 the b,1fGl Of lhe: devetopnlont and rissuntes rlo
li;rbllily for future cl, , ,lMAd-l: to 111a devclapmcnt.
TIV hest aM il,tblr: inform. tam, as accepted by the Constal
IZL:SQurec:s Commission, indicaws that the annual Wall
0 0 ,iitn t-,l 1, for the nrVa w'he.re your properly i.c located is
feet per year.
The rrr.e tva, eFmbllshc-d by careful ajolydis of alma(
ltlu>toj."rop .i of tho coastUtte Inked over the past 50 years.
Siudle-4 11SO indiCAW tint the shorcline could n1ovL? its
much IYID".lr('t in1)dWjled In e majc7r storm.
'I ila flood watc:rsin nmr7jurstorm tlrepredicted to bcabout
_ 1.1. lc•ct dCca17 in tills cu c li.
PctfcrrLld occ-onfront krctlection 11100sures nre butch
uouri;T"'W"t mid relo6tion of threatuiled sr1•llctltre?s.
111rd PrOston corttrui slnrcturu` sticll as bulkheads,
sc°,iwllls, revttments, groin.;, jetllcs,nd breakwaters are
fn'c7hii;+.l,`r.l. 't'kr;nlaorlry devices, trtcluding sa11c1 l+ag;s,m,1y
hc' illl?)W?:Cl Illkli:r CCrtillll c?nnd;Uorls.
This structure sh,a11 be relocu cd or dismanticcl within two
yc%us of btcY>mir,r? inullinctilly thr alened.
the applicant must nckrlowlcdl e this Informatlotl cold
rqniromoni n i-ry signing (his notice in the below spice.
Miliout lho proper sign,iture, the ap,plicAtion will not be
co1n ,
High Hazard Flood Area -V- Inlet Hazard Area

SPECIAL. NOTE. This hazard notice is r?c` tired for
development In -aeas subject to sudden anti massive
stormsanderosion. PermitsIssued fordevelopmentInthis
urea expire on December 31 of the third year followJng the
ar in which the permit was Issued, Shortly before work
Lg ms on Ibe project site, the local Permit Oflk-er will
determine the vegetal ionkme and setback distance ntyour
Fite. If the property lies s,.vn little change and thcpropowe j
davelopmait can still meet the setback requirement, the
f .i'O wilt itli;'orm you the tyou may beyia work. l t is impor-
tantthat you check with the l,l'Obefore the permit e)gvires
for official approval to continue the work after the permit
has expired. Generally, if foundation pilings have been
placed and substantinl progress is continuing, permit
renewal may not be necessary. if slabs(ant ial grog ress has
not bcLn made, 1he ppennit must be renewemid a new
setback line eslabli9Ticc1, it is unlawful to continue wort;
a(ter pennit expiration willlout Ihis approval.
For MOTC 111forrnation, contact:
c ocalij?',SS 7
'C?2 5aD ym- ?
p 1a
S x?Pry, ?E
Revised 11193

Bogue Inlet Channel Erosion Response Project
CAMA Major Permit Application (Form DCM-MP-1)
3d. Project Description
The Bogue Inlet Channel Erosion Response Project is being proposed to
relocate the main ebb channel in Bogue Inlet approximately 3,550 feet west,
to a more central location between the west end of Bogue Banks and the
east end of Bear Island. The main ebb channel through Bogue Inlet presently
occupies a position juxtaposed to the west end of the Town of Emerald Isle,
causing severe erosion that threatens development in the subdivision known
as The Pointe and the Town infrastructure along The Pointe shoreline.
The Town of Emerald Isle proposes to address a severe erosion problem that
is threatening existing development and town infrastructure along the west
end of town in an area known as The Pointe, and seeks beach compatible
material to nourish approximately 4.0 miles of beachfront.
Presently, seven homeowners and the Town of Emerald Isle have responded
to the erosion threat by constructing temporary sandbag revetments to
protect threatened homes and infrastructure. The existing sandbag
revetment covers approximately 700 feet of the inlet shoreline and has been
effective in protecting the threatened homes and roads albeit not without
some maintenance. The State of North Carolina coastal management rules
and regulations will only allow the sandbag revetments to remain in place for
two years, if they are protecting homes, and five years if it is protecting
large structures or roads. The eventual removal of the existing sandbag
revetments will result in the immediate loss of these seven threatened
homes and a resumption of the inlet shoreline erosion. Accordingly, the
Town of Emerald Isle is seeking a more permanent means of addressing the
erosion threat.
The Bogue Inlet bar channel would be repositioned to a location centrally
located between Bogue Banks and Bear Island and would be oriented along
an alignment perpendicular to the adjacent islands. A portion of the material
removed to construct the new channel would be used to construct a sand
dike across the existing channel with the balance of the material used to
construct Phase 3 of the Emerald Isle beach nourishment project. Refer to
Figure 1.
Phase 3 (Beach Fill Project Area) of the Emerald Isle beach nourishment
project extends from Pinta Drive (Coastal Science and Engineering [CSE]
Baseline Station 693 + 54 - west end of the Phase 2 beach fill) to the west
boundary of the Lands End Subdivision (approximate CSE Baseline Station
906 + 54) for a length of 21,300 feet. The fill would include a 531-foot
taper section on the east end to tie back into the terminus of the Phase 2
fill, which ended at CSE Baseline Station 688 + 23, and a 2,000-foot taper
on the west end of the fill (west end of transition near intersection of
Page 1 of 10
44
Bogue Inlet Channel Erosion Response Project
CAMA Major Permit Application (Form DCM-MP-1)
RALEIGH
C
f Charlotte s?
--- • ?J(rJ? "w ` Cape Hatteras N T.S.
- - Jacksonvillel Morehead City ,
Cape Lookout . _ T
' C6pe Pear i \\
I ones \ i
L ounty i
1 1 r ?. Craven
a ? ? ? ? _County ? ? /
U Jam' 'r Cp,RTERET COUNTY /
` 660 /
ATLANTIC
v i OCEAN
v
PROJECT
AREA
Bogue
Sound Rock Point
Z. Indian
Beach
=r'?^tL? \s\e
T O?EC? p,REP
r
'f gear ATLANTIC
BOGUE INLET OCEAN
PROJECT AREA
Hammock's Beach
State Park
Figure No. 1 - Project Location Map
Page 2 of 10
Bogue Inlet Channel Erosion Response Project
CAMA Major Permit Application (Form DCM-MP-1)
Sea Breeze Road and Windjammer South) resulting in a total fill length of
23,831 feet.
Evaluation of the proposed project (Final EIS Preferred Alternative F) included
an analysis of the size of the channel required to capture the tidal prism of
Bogue Inlet and divert flow away from The Pointe shoreline and the need to
construct the sand dike across the existing channel. A total of six channel
alternatives were evaluated with depths ranging from -13.5 feet NGVD to -
17.5 feet NGVD. Maximum channel widths across the ebb tide delta ranged
from 400 feet to 500 feet. The optimum channel would have a depth of -
13.5 feet NGVD and a maximum width of 500 feet. An ocean certified
cutter suction hydraulic dredge or dust pan dredge is proposed for the
construction of the new channel would require the removal of 1,009,500
cubic yards of material with 200,000 cubic yards used to construct the sand
dike across the existing and the balance of 809,500 cubic yards used to
nourish the shoreline included in Phase 3 of the Emerald Isle beach
nourishment project. Construction of the new channel would begin on the
seaward side and proceed toward the sound with the first 809,500 cubic
yards used to nourish the Phase 3 shoreline and the last 200,000 cubic
yards pumped directly into the existing channel to form the sand dike. Some
of the dredged material may be temporarily stockpiled on the Emerald Isle
sand spit during construction activities.
The rate of placement, based on the total volume of material that would be
removed from the inlet, would be 35.9 cubic yards/lineal foot of beach. The
net in-place placement rate, using 15% losses between the borrow area and
the beach, would be 31.2 cubic yards/lineal foot. This net placement rate is
approximately 88.6% of the recommended net placement rate of 35.2 cubic
yards/lineal foot. Since the rate of placement for the inlet material would be
slightly less than the recommended placement rate, the beach fill template
will be slightly smaller than that described under Alternative A (Final EIS
Section 3.2.1). In this regard, the construction berm width would be about
70 feet with the berm width adjusting to approximately 35 feet within 3 to
6 months.
The sand dike would have a maximum elevation of +4.5 feet NGVD and a
top width of 50 feet and a maximum bottom width of approximately 700
feet and would extend approximately 1,700 feet across the channel from
the existing middle ground shoals west of the existing channel to the Bogue
Banks sand spit.
A Permit Area was established during the Project Delivery Team review
process, which occurred from November 2002 through December 2003.
The Permit Area/Project Impact Zone was identified for possible primary and
secondary effects to natural resources, based on hydrodynamic modeling
results and a sedimentation analysis conducted on Bogue Inlet. Based on
these analyses, the area of effect was predicted to occur in the immediate
Page 3 of 10
Bogue Inlet Channel Erosion Response Project
CAMA Major Permit Application (Form DCM-MP-1)
vicinity of the Bogue Inlet complex and along the southern portions of the
Western Channel and Main Ebb Channel. A buffer zone was added, which
included known aquatic resources directly bordering the area of effect, to
the predicted zone of influence by extending the Permit Area further up the
reach of the Western and Main Ebb Channels, to the Atlantic Intracoastal
Waterway. The Permit Area encompasses portions of Bear Island,
approximately 3,000 feet offshore of Bogue Inlet, and approximately 4.5
miles of the Emerald isle shoreline (from the intersection of Pinta Drive and
Ocean Drive to Sea Breeze Road and South Windjammer of the Land's End
subdivision). Figure 2 shows the Permit Area identified on a June 2003
aerial.
Below is a summary of the project efforts (refer to Figure 3):
• Channel depth = -13.5 feet NGVD; maximum channel width = 500 feet.
Construction volume = 1,009,500 cubic yards.
• Sand dike across the existing channel - required construction volume of
200,000 cubic yards.
• Disposal of 809,500 cubic yards of inlet material along 23,831 feet of
ocean shoreline on the west end of Emerald Isle to complete Phase 3 of
the Emerald Isle beach nourishment project.
Maintenance dredging of the relocated channel by the U.S. Army Corps of
Engineers should not be required for one to two years after construction.
Eventually, the new channel will assume natural characteristics and will
again require annual maintenance dredging. Maintenance dredging would
initially be relatively low but will increase over time to dredge quantities
comparable to past efforts. Maintenance of the connecting channel will
continue with the maintenance material deposited on the west end of
Emerald Isle.
Page 4 of 10

Bogue Inlet Channel Erosion Response Project
CAMA Major Permit Application (Form DCM-MP-1)
LOCATION MAP
BOGUE INLET, NORTH CAROLINA
{
j..x.. I NORTH -•
CAROLINA
- ROGUE
INLET
0 40 80
.J M&;i;;;;i Mild,
J 1 inch equals 80 miles
A?
e
l
yt
w?
;EA IW 1
-t y 'r,Ira
LEGEND
PERMITAREA k ?'' .,w?? vl
NOTES: t1L,. ,i* r{ `e'
r r?'. • S' r'•.,
IMAGE. FLOWN 6/30/2003 BY EMERGE 2,600 5,20
Feet
IMAGES RECTIFIED BY °'r?-rwT1
APPLIED GEO TECHNOLOGIES. INC 0". ch equals 5,200 feet
r e
CPE r, COASTAL PLANNING &
ENGINEERING, INC. BOGUE INLET CHANNEL EROSION RESPONSE PROJECT
_ PERMIT AREA
2481NW BOC:A R4"3t12L-)
(•,¢"? '• ©OCA RATON. FL 7:131
FAX [phone] DATE. 110507 BY. DNR CONININO. 520002
Figure No. 2 - June 2003 Permit Area Map
Page 5 of 10
t ,

Bogue Inlet Channel Erosion Response Project
CAMA Major Permit Application (Form DCM-MP-1)
LOCATION MAP
INLET, NORTH Ct
x LEGEND
--" TEMPORARrSTO
-- AREA KPILE
DIKE FOOTPRINT
PROPOSED CHAN NEL
..' PERMIT AREA
NOTES:

0 1,000 2,000
e
t
IMAGE FLO`PoN 5 30 300J, 1
BY EMERGp
F
e IMAGES RECTIFIED BY
Inch equals
I Inch
APPUED GEO TECHNOL
LIES. INC.
CPE o
?
ENGINEERING, INC.
BOGUE INLET CHANNEL EROSION RESPONSE PROJECT
BOGUE INLET CHANNEL EROSION RESPONSE PROJECT

DC A PA ZL 1, t"

erAaatrr? "+r ,t? Fv? I''' DATE 11.503 BY DfJR CONW10 45000: FIGU E 3
Figure No. 3 - Channel and Dike Locations
Page 6 of 10

Bogue Inlet Channel Erosion Response Project
CAMA Major Permit Application (Form DCM-MP-1)
4d. Soil Types and Textures
The material that would be removed to construct the new channel has a
mean diameter of 0.30 mm and contains 1.25% silt and minimal shell
content. Comparison of the inlet material with the native beach sands on
the west end of Emerald Isle indicated that the inlet material is slightly
coarser but otherwise completely compatible with the native beach sands.
The compatibility of borrow material for use as beach fill is determined by a
numerical method that compares the mean grain size and sorting
characteristics of the borrow material to the mean and sorting characteristics
of the native beach material. The results of that comparison yields a factor
known as the overfill ratio (R) which is an indication of the number of cubic
yards of borrow material needed to result in 1 cubic yard of sorted beach fill
material. If the borrow material is completely compatible with the native
material, R. will be equal to 1 .0 and the net volume of material needed will
equal the gross or borrow area volume. R., greater than 1 .0 means that
more material is needed from the borrow area to yield 1 cubic yard of sorted
material on the beach. The overfill factor for the inlet material was
determined to be 1 .015. Adjusting the overfill factor for the amount of sand
in the inlet material (98.75%) results in a total overfill factor of 1.03.
4h. Local Government Zoning
The location of the new channel, sand dike and beach fill area are located in
a Conservation zone (i.e., Bogue Inlet and Ocean Erodible Areas).
The land area between Bogue Inlet and the 6900 block of Ocean Drive (a
total distance of approximately 5.5 miles), is zoned for residential uses
(single family, duplex, and in some areas multi-family and mobile homes),
with the exception of the following:
- The property located at 9021 Reed Drive is zoned for campground use.
- The properties located near the terminus of Islander Drive are zoned for
commercial use.
- A large 18 acre vacant parcel located in the 8700 block is zoned for
commercial use.
- The properties located near the terminus of Bogue Inlet Drive are zoned
for commercial use.
41. Wetlands (Final EIS 4.3.3 Salt Marsh Communities)
There are no wetlands on the project tract, however there are wetlands
adjacent to the work area that have been identified in the Permit Area
(Figure 2). Refer to Item 3d. above for the Permit Area description.
Low and high marsh environments were identified in the Permit Area and
were found in the western end of Bogue Sound, Dudley Island, and the
Page 7 of 10

Bogue Inlet Channel Erosion Response Project
CAMA Major Permit Application (Form DCM-MP-1)
estuarine system north of Bear Island. Marsh communities were classified
as low marsh, dominated by smooth cordgrass (Spartina alternif/ora) or high
marsh, dominated by saltmeadow cordgrass (Spartina patens). Along with
identifying high and low marsh, fringing terrestrial communities were
classified as wetland or non-wetland as well as by general vegetation type.
Habitat mapping in the Permit Area was conducted by field investigations via
boat access in the nearby channels. Verification of the wetland/non-wetland
status of communities was determined during ground-truth investigations.
High Marsh
Cowardin (1979) classifies high marsh as an estuarine intertidal emergent
wetland or palustrine, emergent wetland. High salt marsh environments are
irregularly flooded lands where plant species such as saltmeadow cordgrass
(Spartina patens), glasswort (Salicornia spp.), salt (or spike) grass (Distichlis
spicata), and sea lavender (Limonium spp.) may be found. Based on the
habitat mapping and field verifications, high salt marsh areas were in
irregularly flooded transitional zone. These areas were found mostly
between low marsh and shrub-scrub communities throughout the Project
and Permit areas of Bogue Inlet. Isolated areas typical of this habitat were
also found in several inter-dunal swales or low depressions throughout Bear
Island. Vegetation of this community is characteristic of transitional
intertidal areas and areas with a high water table in which saltmeadow
cordgrass (Spartina patens) is the dominant vascular plant. However, sea-
oxeye (Borrichia frutescens), salt grass (Distichlis spicata), rushes
(Fimbristylis spp.), and shrub species such as marsh elder (Iva frutescens)
and silverling (Baccharis halimifolia) coexist. Soils of this community are
mapped as Carteret sand and Bohicket silty clay loam.
Low Salt Marsh
Low salt marsh environments are regularly flooded with the tides and are
characterized by organic mats with salt marsh (smooth) cordgrass (Spartina
alterniflora) as the dominant vegetative species. Smooth cordgrass thrives
in low marsh habitats where conditions in the soil are anoxic and where the
average water table is 10.2 cm (4 inches) above ground level. This plant is
found dominating the salt marsh system between mid- and high tide levels.
The upper or inland boundary of this plant is limited by Spartina patens on
the seaward side of the high marsh.
The ground-truthing and mapping efforts of marsh habitats and fringing
terrestrial communities (scrub-shrub, pine forest, hardwood forest, mixed
forest, dune grasses, and unvegetated sand) in September 2003 revealed
that low marsh was the most extensive of all biotic communities mapped
within the Survey and Permit Area. This community is restricted to the
intertidal zone in which smooth cordgrass (Spartina alterniflora) is the
predominant vascular plant. However, near mean high water, glasswort
(Salicornia spp.) and sea lavender (Limonium carolinianum) become more
Page 8 of 10
Bogue Inlet Channel Erosion Response Project
CAMA Major Permit Application (Form DCM-MP-1)
common. Strong zonation also occurs in the higher parts, with zones of
black needle rush (Juncus roemerianus) dominating.
Soils of this community are mapped as Carteret sand and Bohicket silty clay
loam. Both soil types are defined as nearly level, frequently flooded, and
very poorly drained. These soils are normally found in tidal marshes on the
sound side of the barrier islands less than 3 feet above sea level.
4m. Wastewater Treatment Facilities
Not applicable. However, wastewater disposal systems throughout Emerald
Isle may be supported by privately owned individual tank systems, and/or
public/private package treatment and disposal systems.
4n. Discharges to Waters of the State
All discharged wastewater in Emerald Isle is treated by septic tank systems.
40. Drinking Water Supply Source
Not applicable. However, the Town of Emerald Isle is served by Bogue
Banks Water Corporation.
5. Additional Information
Ownership of Lands
An Advisory Opinion regarding the ownership of lands in the vicinity of
Bogue Inlet was issued by the North Carolina Office of the Attorney General
on September 15, 2003 (see Attachment A). The opinion of the State
Attorney General indicates that any land raised above mean high water in
the areas north of the COLREGS Line either as a direct or indirect result of
the project would be owned by the adjacent upland property owners.
Therefore, the adjacent property owners would own any land that accretes
to that portion of the Emerald Isle sand spit that it presently owns while
accretion in other areas would revert to the upland property owners.
The Town of Emerald Isle is currently working with the property owners
adjacent to the inlet complex who will be affected by the project. By
August 2004, the Town will have obtained the necessary agreements that
will allow for the establishment of a jurisdictional line between private
uplands and accreted or filled public lands resulting from project
construction.
By the time the project begins in November 2004, the Town will have
acquired easements from all oceanfront property owners affected by this
project. As of February 11, 2004, the Town has already secured the
necessary easements from 253 of the 440 oceanfront property owners. The
Town does have statutory authority to condemn any easements that can not
be secured voluntarily, and will exercise this authority if necessary prior to
project construction.
Page 9 of 10
Bogue Inlet Channel Erosion Response Project
CAMA Major Permit Application (Form DCM-MP-1)
Work Plats
Attachment B includes the plans prepared as part of the permit application
and include vicinity maps and work plats with details of proposed work
within the Permit Area.
List of Property Owners
Attachment C includes a copy of the abutter notification letter, list of
property owners and postal receipts.
Application Fee
Attachment D includes a check for $475 made payable to the North Carolina
Department of Environment and Natural Resources.
AEC Hazard Notice
Not applicable. Although the project will occur along both oceanfront and
inlet areas, the Applicant was advised by Ms. Tere Barrett (NC DCM,
Morehead City District) that this notice is only required for projects involving
the installation of structures.
Statement of Compliance with the North Carolina Environmental Policy Act
A Final Environmental Impact Statement (EIS) was submitted by the
Applicant to the U.S. Army Corps of Engineers (USACE) on March 26,
2004. A Public Notice was published by the USACE on April 5, 2004 and
the Final EIS was released for public comments. The Federal comment
period will close on May 4, 2004. The State Clearinghouse is in receipt of
the document and will publish the public notice in the Environmental Bulletin
for a 30-day review and comment period.
The Applicant will formally apply for the CAMA Major Permit and 401 Water
Quality Certification on or about May 5, 2004 after the State Clearinghouse
has submitted comments on the Final EIS to the USACE. Until that time, the
Applicant requests that the NC DCM review this application for
completeness.
P.-Worth CarolinalEmerald Isle 4500.00 031ENVIRONMENTALIPermitslJoint
CAMA USACEDCM MP 1-A ttach. doc
Page 10 of 10
Sent By: CP&E;
561 391 9116; Jun-1-04 8:49; Page 2/3
EXCAVATION
AND FILL
(Except bridges and culverts)
Attach this form to Joiat Application for CAMA Major
Permit, Form DCM40-1. Be sure to cvmplete 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 gi•en in feel.
A.trap Rail
E115dw rrvjro
Access
channel
(MLW) a (NW'L)
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other
(]Ezrkudin j
r)wRt6*
Sand Dike
LtgrLb Math Dtptb DtpQ
Appro Max Approx -13.5
7000 500 _2 ft NGVn
ft ft NGVD
0 0 0 0
0 0 0 0
0 0 0 0
0 0
0 0
Appr A Max

1,700
700 :-12
ft
ft
NM
13ottcrn
50 ft
TOP
1. EXCAVATION
a. Amount of material to be excavated from below
MliW or NWL in cubic yards 1, 009, 500 cy
b. Type of material to be excavated mean diameter
20.30 imn silt -1.25% (shell content is minimu
c. Does the area to be excavated include coastal
wetlands (mash), submerged aquatic vegetation
(SAYS) or other wetlands? Yes X No
d. Highground excavation in cubic yards 0
2. DISPOSAL OF EXCAVATED
MATERIAL
a. Location of disposal ares see attached
b. Dimensions of disposal area see attached
c. Do ou claim title to disposal pea?
Yes No (dike and beach)
If no, attach a lever granting permission from the
owner.
d. Will a disposal area be available for fawre
maintenaace? Yes X No
) f yes, where?
Rtri%ed 03M
Sent By: CP&E; 561 391 9116; Jun-1-04 8:50; Page 3/3
Form DCM-MP-2
e. Does the disposal area include any coastal wetlands
(marsh), SAVs or other wetlands?
Yes _ X- No
f. Does the disposal include any area in the water?
X Yes No
3. SHORELINE STABILIZATION
a. Type of shoreline stabilization Beach Renourishnent
Bulkhead Ri"
b. Length 23,831
e. Average distance waterward of MHW or NWL
248 avg
d. Maximum distance waterward of MHW or NWL
316 max
e. Shoreline erosion during prmodint 12 months
2.0 feet/.'ear
(Sours of irt/orrnorion) 10/2001 Bogue Banks
Beach Nourishment Env. Assessment
f. Type of bulkhead or riprap material
N/A
g- Amount of fill in cubic yards to be placed below
water level
(1) Riprap N/A
(2) Bulkhead backfill
Beach Nourishment 809,500 cy
h. Type of fill material
Beach WalitySand
i. Source of fill aerial Doane Tnlet Q-annel
Erasion Res use Praiect Area
4. OTHER FILL ACT'IVI'TIES
(Excluding Shoreline Stabilizad")
a. Will All material be brought to site?
Yes -X No
lteAsed 0.195

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 X No
If yes,
(1) Dimnsions of fill area
(2) Purpose of fill
5. GENERAL
a. now will excavated or fill material be kept on site
and erosion controlled?
See c
b. What type of consuvaion equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
uitean cer ie cutter suction
y tau c dredge or dust pan dredge
c. Will wetlands be crassed in trampotting equipment
to project site? Yea X No
if yes, explain steps that will be taken to lessen
environmental impacts.
12' C,
Px:

Fy
Bogue Inlet Channel Erosion Response Project
CAMA Dredge and Fill Application (Form DCM-MP-2)
2a. and 2b. Location and Dimensions of Disposal Areas
An ocean certified cutter suction hydraulic dredge or dust pan dredge is
proposed for the construction of the new channel, which would involve the
removal of a total of 1,009,500 cubic yards of material from the adjacent
ebb tidal shoal. Approximately 200,000 cubic yards of the excavated
material will be used to construct a sand dike across the existing channel
with the remaining material of 809,500 cubic yards used to nourish the
shoreline included in Phase 3 of the Emerald Isle beach nourishment project
(Figure 1). Construction of the new channel would begin on the seaward
side and proceed toward Bogue Sound with the first 809,500 cubic yards
used to nourish the Phase 3 shoreline and the last 200,000 cubic yards
pumped directly into the existing channel to form the sand dike. Some of
the dredged material may be temporarily stockpiled on the Emerald Isle sand
spit during construction activities. Refer to Figure 3 for the channel, dike
and stockpile locations.
2c. Title to Disposal Area
An Advisory Opinion regarding the ownership of lands in the vicinity of
Bogue Inlet was issued by the North Carolina Office of the Attorney General
on September 15, 2003 (see Attachment A). The Advisory Opinion states
that any land raised above mean high water in the areas north of the
COLREGS Line either as a direct or indirect result of the project would be
owned by the adjacent upland property owners. Therefore, the adjacent
property owners would own any land that accretes to that portion of the
Emerald Isle sand spit that it presently owns while accretion in other areas
would revert to the upland property owners.
The Town of Emerald Isle is currently working with the property owners
adjacent to the inlet complex who will be affected by the project. By
August 2004, the Town will have obtained the necessary agreements that
will allow for the establishment of a jurisdictional line between private
uplands and accreted or filled public lands resulting from project
construction.
By the time the project begins in November 2004, the Town will have
acquired easements from all oceanfront property owners affected by this
project. As of February 1 1, 2004, the Town has already secured the
necessary easements from 253 of the 440 oceanfront property owners. The
Town has statutory authority to condemn any easements that can not be
secured voluntarily, and will exercise this authority if necessary prior to
project construction.
5a. Erosion Control
For the beach nourishment efforts, the discharge pipe will be oriented
parallel to the shoreline and the material allowed to spill out and flow back
Page 1 of 2
Bogue Inlet Channel Erosion Response Project
CAMA Dredge and Fill Application (Form DCM-MP-2)
into the ocean. In some instances, excessive runout to the ocean may be
controlled the construction of a sand dike seaward of the discharge pipe.
For the construction of the sand dike, the pipe will be positioned near mean
high water which will direct the discharge directly into the existing channel.
This will assist in preventing the material from washing back across the sand
spit.
P: I North Carolina l Emerald Isle 4500.00 031 ENVIRONMENTAL I Permits I Joint
CAMA USACEOCM MP 2 Attach.doc
Page 2 of 2
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON. NORTH CAROLINA 28402-1890
RUIN TO
ATF ENTION OF
April 5, 2004
Regulatory Division
Action ID. 200100632
APR 0 b 2.00,
Mr. John Dorney
Division of Water Quality
North Carolina Department of Environment
and Natural Resources
2321 Crabtree Boulevard
Raleigh, North Carolina 27604-2260
Dear Mr. Dorney:
IWIL NCS 1401 GROUP
"TER QuAI v SECTION
Enclosed is the application of Town of Emerald Isle, c/o: Mr. Frank Rush- Town
Manager, 7500 Emerald Drive, Emerald Isle, North Carolina 28594, for a Department of the
Army (DA) to dredge approximately 1,009,500 cubic yards within Section 10 Navigable Waters
of Bogue Inlet and to discharge 200,000 cubic yards within the existing inlet channel and
approximately 809,500 cubic yards along the ocean shoreline to nourish approximately 23,831
feet, or 4.5 miles, of beach. This activity is to protect residential homes and town infrastructures,
and to nourish the beach with more compatible material. The dredging project site is located in
Bogue Inlet, between Emerald Isle and Hammocks Beach State Park (Bear Island), and the
nourishment activity will take place on the beach of Emerald Isle, Carteret County, North
Carolina.
Your receipt of this letter verifies your acceptance of a valid request for certification in
accordance with Section 325.2(b)(ii) of our administrative regulations.
We are considering authorizing the proposed activity pursuant to Section 10 of the Rivers
and Harbors Act and Section 404 of the Clean Water Act, and we have determined that a water
quality certification may be required under the provisions of Section 401 of the same law. A
Department of the Army permit will not be granted until the certification has been obtained or
waived.
In accordance with our administrative regulations, 60 days after receipt of a request for
certification is a reasonable time for State action. Therefore, if you have not acted on the request
by June 4, 2004, the District Engineer will deem that waiver has occurred.
Thank you for your time and cooperation. Please contact me at telephone [phone],
if you have any questions.
Sincerely,

Mickey Sugg, Project Manager
Wilmington Regulatory Field Office
Enclosure
Copies Furnished (without enclosure):
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of
Environment and Natural Resources
1638 Mail Service Center
Raleigh, North Carolina 27699-1638

APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMB APPROVAL NO. 0710-0003
/33 CFR 325/ E ires December 31, 2004
The Public burden for this collection of information is sestimated to average 10 hours per response, although the ma
p h uid require
5 hours or less. This incKides the time for jj??viewing instructions, searching existing data sources, gathering and m t fngl h
completing and revie,ng the collection anformation. Send comments regarding this burden estimate or any other aspinformation, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Service Directorate of 1 0
Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302; and to the Office of a ant and Budget,
Paperwork Reduction Project (0710-0003), Washington, DC 20503. Respondents should be aware that notwithstand r jhet p n of law,
no person hall be subject to any penalty for failing to comply with a collection of information if it does not 's lay a currently vali =f trot
number. Pease DO NOT RETURN your form to either of }hose addresses. Completed applications must be t?e District Engineer having
jurisdiction ovek the location of the proposed activity. ti ??77 Fns?? N f
I PRIVACY ACT STATEMENT 41111114 VL
Authorities; Rivers and Harbors Act, Section 10, 33 USC 403; Clean Water Act, Section 404, 33 USC 1344; Marine Protection , R a
Sanctuaries Act, 33 USC 1413, Section 103. Principal Purpose: Information provided on this form will be used in evaluating the application or
permit. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies.
Submission of requested information is voluntary, however, if information is not provided the permit application cannot be evaluated nor can a permit
be issued.
One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this
application (see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed
activity. An application that is not completed in full will be returned.
/ITEMS 1 THRII 4 To RF ICII I Fn PV rr-Ir rnoool
1. APPLICATION NO. 12. FIELD OFFICE CODE 3. DATE RECEIVED
4. DATE APPLICATION COMPLETED
/lrrMC Or/nub r
5. APPLICANT'S NAME 8. AUTHORIZED AGENT'S NAME AND TITLE lane enr is not requied!
Tom Jarrett
P.E
- Project Mana
er
Town of Emerald Isle ,
.
g
Coastal Planning & Engineering, Inc.
6. APPLICANT'S ADDRESS 9. AGENT'S ADDRESS
7500 Emerald Drive 204 Dorchester Place
Emerald Isle, NC 28594 Wilmington, NC 28412
7. APPLICANT'S PHONE NOS. W/AREA CODE 10. AGENT'S PHONE NOS. W/AREA CODE
a. Residence N/A a. Residence NIA
b. Buslness [phone] 1 b. Business [phone]
11, STATEMENT OF AUTHORIZATION
I hereby authorize, Coastal Planning & Engineering, nqe act in my behalf as my agent in the processing of this application and to
rurnish, upon request, supplemental information in support of this permit application.
APPLICANT'S SIGNATURE DATE
NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY
12. PROJECT NAME OR TITLE /s er /nsnuct ons
Sogue Inlet Channel Erosion Response Project
13. NAME OF WATERBODY, IF KNOWN rlapldk 11 Sogue Inlet,) 14. PROJECT STREET ADDRESS oi4ppli- lel
White Oak River, Atlantic Ocean
15. LOCATION OF PROJECT
CarttreL and Onslo?a
COUNTY
No I. Lh Caro_L:i I I a
STATE
N/A
16. OTHER LOCATION DESCRIPTIONS, IF KNOWN, /sec lna;iu rlonsl
See attached
17. DIRECTIONS TO THE SITE
See attached
rNG FORM 4 4 u 7 EDITION OF FEB 94 IS OBSOLETE. (Proponent: CECW-OR)
18. Nature of Activity (Desnipeionof p•o/,rr,include
niuer a
l
See attvhed
19. Project Puf poSe 01-ribc the r-on or p rl- o/ me rrojecr, scd -rrucrmnsl
Se'.e attached
USE BLOCKS 20.22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED
20. Reason(s) for Discharge
See attached
21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards
See attached
22. Surface Area in Acres of Wetlands or Other Waters Filled /s imtruaionsl
See attached
23. Is Any Portion of the Work Already Complete? Yes _ No X IF YES, DESCRIBE THE COMPLETED WORK
24. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (If more than can be entered here,
please attach a supplemental list).
See attached

25. List of Other Certifications or Approvals/Denials Received from other Federal, State or Local Agencies for Work Described in This Application.
AGENCY TYPE APPROVAI • Mr NTIM("ATION NI IAAnCO n-C n rr•n
See attached

26. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information in this
application is complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the
duly authorized agent of the applicant.
SIGNATURE OF APPLICANT DATE SIGNATURE OF AGENT DATE
The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly
authorized agent if the statement in block 11 has been filled out and signed.
18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States
knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or
fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or
fraudulent statements or entry, shall be fined not more than $ 10,000 or imprisoned not, more than five years or both.
Bogue Inlet Channel Erosion Response Project
Form 4345 Attachments
Block 16. Other ocation Descriptions, If Known
1 : Pogue Inlet is located on the border of Carteret and Onslow Counties in
Noutheastern North Carolina and provides access to recreational and
commercial vessels between the open waters of the Atlantic Ocean and the
Atlantic Intracoastal Waterway (Figure No. 1). Bogue Inlet is bordered to the
east by Bogue Banks and is situated approximately twenty-five miles west of
Beaufort Inlet. The Town of Emerald Isle comprises the western eleven miles
of the barrier island complex in Carteret County. West of Bogue Inlet is Bear
Island, an undeveloped barrier island approximately three miles in length in
eastern Onslow County.
Block 17. Directions to the Site
The project is located in Bogue Inlet, along the west end of Bogue Banks
adjacent to The Pointe shoreline and along 4.0 miles of Emerald Isle's
shoreline. The project area can be accessed by heading east on State Route
24, turn right onto State Route 58 into Emerald Isle. Turn right onto Coast
Guard Road and follow road to end to Bogue Inlet.
Block 18. Nature of Activity (Final EIS Section 3.2.6 Preferred Alternative F)
The Bogue Inlet Channel Erosion Response Project is being proposed to
relocate the main ebb channel in Bogue Inlet approximately 3,550 feet west,
to a more central location between the west end of Bogue Banks and the
east end of Bear Island. The main ebb channel through Bogue Inlet presently
occupies a position juxtaposed to the west end of the Town of Emerald Isle,
causing severe erosion that threatens development in the subdivision known
as The Pointe and the Town infrastructure along The Pointe shoreline (see
Figure 2).
The Bogue Inlet bar channel would be repositioned to a location centrally
located between Bogue Banks and Bear Island and would be oriented along
an alignment perpendicular to the adjacent islands. A portion of the material
removed to construct the new channel would be used to construct a sand
dike across the existing channel with the balance of the material used to
construct Phase 3 of the Emerald Isle beach nourishment project. Refer to
Figure 3.
Phase 3 of the Emerald Isle beach nourishment project extends from Pinta
Drive (Coastal Science and Engineering [CSE] Baseline Station 693 + 54 -
west end of the Phase 2 beach fill) to the west boundary of the Lands End
Page 1 of 7
Bogue Inlet Channel Erosion Response Project
Form 4345 Attachments
1
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Page 2 of 7
Hammock's Stench
Slate Park
Bogue Inlet Channel Erosion Response Project
Form 4345 Attachments
1
LOCATION MAP
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Figure No. 2 - Permit Area-Map
Page 3 of 7
Bogue Inlet Channel Erosion Response Project
Form 4345 Attachments
Subdivision (approximate CSE Baseline Station 906 + 54) for a length of
21,300 feet. The fill would include a 531-foot taper section on the east end
.-to tie back into the terminu$ of the Phase 2 fill, which ended at CSE Baseline
?tation 688 + 23, and a 2,d00-foot taper on the west end of the fill (west
end of transition near intersection of Sea Breeze Road and Windjammer
South) resulting in a total fill length of 23,831 feet.
Evaluation of this alternative included an analysis of the size of the channel
required to capture the tidal prism of Bogue Inlet and divert flow away from
The Pointe shoreline and the need to construct the sand dike across the
existing channel. A total of six channel alternatives were evaluated with
depths ranging from -13.5 feet NGVD to -17.5 feet NGVD. Maximum
channel widths across the ebb tide delta ranged from 400 feet to 500 feet.
The optimum channel would have a depth of -13.5 feet NGVD and a
maximum width of 500 feet. An ocean certified cutter suction hydraulic
dredge is proposed for the construction of the new channel would require
the removal of 1,009,500 cubic yards of material with 200,000 cubic yards
used to construct the sand dike across the existing and the balance of
809,500 cubic yards used to nourish the shoreline included in Phase 3 of the
Emerald Isle beach nourishment project. Construction of the new channel
would begin on the seaward side and proceed toward the sound with the
first 809,500 cubic yards used to nourish the Phase 3 shoreline and the last
200,000 cubic yards pumped directly into the existing channel to form the
sand dike. Some of the dredged material may be temporarily stockpiled, on
the Emerald Isle sand spit during construction activities.
The rate of placement, based on the total volume of material that would be
removed from the inlet, would be 35.9 cubic yards/lineal foot of beach. The
net in-place placement rate, using 15% losses between the borrow area and
the beach, would be 31.2 cubic yards/lineal foot. This net placement rate is
approximately 88.6% of the recommended net placement rate of 35.2 cubic
yards/lineal foot. Since the rate of placement for the inlet material would be
slightly less than the recommended placement rate, the beach fill template
will be slightly smaller than that described under Alternative A (Final EIS
Section 3.2.1). In this regard, the construction berm width would be about
70 feet with the berm width adjusting to approximately 35 feet within 3 to 6
months.
The sand dike would have a maximum elevation of +4.5 feet NGVD and a
top width of 50 feet and a maximum bottom width of approximately 700
feet and would extend approximately 1,700 feet across the channel from the
existing middle ground shoals west of the existing channel to the Bogue
Banks sand spit. Preferred F ?, n i?rl`rn -,ter r;f follnv.,ing:
Page 4 of 7
Bogue Inlet Channel Erosion Response Project
Form 4345 Attachments
• Channel depth = -13.5 feet NGVD; maximum channel width = 500 feet.
• , Construction volume = 1,009,500 cubic yards.
f
• Sand dike across the existing channel - required construction volume of
200,000 cubic yards.
• Disposal of 809,500 cubic yards of inlet material along 23,831 feet of
ocean shoreline on the west end of Emerald Isle to complete Phase 3 of
the Emerald Isle beach nourishment project.
Maintenance dredging in the relocated channel should not be required for one
to two years after construction. Eventually, the new channel will assume
natural characteristics and will again require annual maintenance dredging.
Maintenance dredging would initially be relatively low but will increase over
time to dredge quantities comparable to past efforts. Maintenance of the
connecting channel will continue with the maintenance material deposited on
the west end of Emerald Isle.
Block 19. Project Purpose
The Town of Emerald Isle proposes to address a severe erosion problem that
is threatening existing development and town infrastructure along the west
end of town in an area known as The Pointe and seeks beach compatible
material to nourish approximately 4.0 miles of beachfront.
Presently, seven homeowners and the Town of Emerald Isle have responded
to the erosion threat by constructing temporary sandbag revetments to
protect threatened homes and infrastructure. The existing sandbag
revetment covers approximately 700 feet of the inlet shoreline and has been
effective in protecting the threatened homes and roads albeit not without
some maintenance. State of North Carolina coastal management rules and
regulations will only allow the sandbag revetments to remain in place for two
years, if they are protecting homes, and five years if it is protecting large
structures or roads. The eventual removal of the existing sandbag
revetments will result in the immediate loss of these seven threatened homes
and a resumption of the inlet shoreline erosion. Accordingly, the Town of
Emerald Isle is seeking a more permanent means of addressing the erosion
threat.
Page 5 of 7
1
Bogue Inlet Channel Erosion Response Project
Form 4345 Attachments
Block 20. Reason(s) for Discharge
and Dike
Numerical model studies of the inlet combined with the geomorphic history
of the inlet concluded that the sand dike across the existing channel would
be needed to assure the new channel would capture the majority of the flow
through Bogue Inlet and eliminate residual flows adjacent to the Pointe
shoreline. However, there is still a chance that the residual flows could
continue to cause some erosion problems along the Pointe shoreline.
Therefore, the existing sandbag revetment protecting 700 feet of inlet
shoreline would remain in place for a maximum of 2 years or until such time
that the encroaching sand spit off the west end of Emerald Isle fills the
existing channel.
Beach Nourishment
The Town of Emerald Isle has permits to nourish approximately 10 miles of
its 12 mile ocean shoreline. The Emerald Isle beach nourishment project is
part of an island-wide project sponsored by Carteret County. The County
project covers approximately 16.8 miles of ocean shoreline and begins at the
east town limits of the Town of Pine Knoll Shores and ends at a point 6,500
feet (1.25 miles) east of Bogue Inlet. Phase 1 of the Bogue Banks project,
which was completed in April 2002, included the shorelines fronting the
towns of Pine Knoll Shores and Indian Beach as well as the shoreline fronting
the unincorporated village of Salter Path. The Town of Emerald Isle has
divided its portion of the project into two phases. As shown on Figure No.
2, Phase 2 covers the eastern 31,100 feet of the town's shoreline and Phase
3 the western 23,831 feet. Phase 3 consists of a 21,300 foot main fill
section, a 531 foot taper on the east end to tie to the end of Phase 2, and a
2,000 foot taper on the west end. Phase 2 of the beach nourishment
project was constructed between January 14 and March 27, 2003. The
work was accomplished by a combination of ocean certified pipeline dredge
and hopper dredge using direct pump-out with material being obtained from
the approved offshore borrow areas. A total of 1,867,726 cubic yards was
distributed along the 31,100 feet of shoreline associated with Phase 2 of the
project. The design template for Phase 3 of the beach nourishment project
c -ills (or 35.2 1, : ?)..; i?ear foot of beach or a total in place
volume of 794,300 cubic yards. Some controversy has occurred regarding
the quality of the beach nourishment material obtained from the offshore
borrow area, which had a relatively high shell content. As a result, the
Town of Emerald Isle is seeking alternative borrow sources that would yield
high quality beach nourishment for Phase 3 of its project.
Page 6 of 7
Bogue Inlet Channel Erosion Response Project
Form 4345 Attachments
Blocd 21. Types of Material Being Discharged and the Amount of Each
Type in Cubic Yards
The material that would be removed to construct the new channel has a
mean diameter of 0.30 mm and contains 1.25% silt and minimal shell
content. Comparison of the inlet material with the native beach sands on
the west end of Emerald Isle indicated that the inlet material is slightly
coarser but otherwise completely compatible with the native beach sands.
Construction of the sand dike across the existing channel requires 200,000
cubic yards. Disposal of inlet material along 23,831 feet of ocean shoreline
on the west end of Emerald Isle to complete Phase 3 of the Emerald Isle
beach nourishment project requires 809,500 cubic yards of material.
Block 22. Surface Area in Acres of Wetlands or Other Waters Filled
Approximately 22.15 acres of navigable waters will be filled for the creation
of the sand dike across the existing Bogue Inlet channel. Approximately
23,831 linear feet of intertidal beach will be filled along the west end of
Block 24. Addresses of Adjoining Property Owners, Lessees, Etc., Whose
Property Adjoins the Waterbody
A list of adjoining property owners will be submitted under separate cover.
Block 25. List of Other Certifications or Approvals/Denials Received from
other Federal, State or Local Agencies for Work Described in This Application
North Carolina Historic Preservation Office (SHPO) has concurred that there
are no impacts to cultural resources (M. Sugg, pers. comm.).
National Marine Fisheries Service (NMFS) stated project compliance with
Endangered Species Act in the March 3, 2003 letter from Roy Crabtree
(NMFS) to Chief Keith Harris (USACE, Wilmington District).
P:\North Carolina\Emerald Isle 4500.00 03\ENVIRONMENTAL\ Permits\33 CFR 325.doc
Page 7 of 7
Town of'Eme-raff,
Mayor
Arthur B. Scpools, Jr.
Mayor Pro-Tern Floyd Mcsser, Jr.
i
Boardtof commissioners
Nita Hedreen
Robert Isenhour
Patricia McElrail
John Woottcn
Visit our web site at www.emeraldisle^nc.cro !
March 31, 2004
Department of the Army
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, NC 28402-1890
Attention: Mickey Sugg, Regulatory Branch
Dear Mr. Sugg:
I s, fie.
Town Manager
Frank. A. Rush, Jr.
_frushry)emelaldisle-nc.nrg
Mailing Address
Town. of Emerald Islc
7500 Emerald Drive
Emerald Isle, N IC 28594
Voice 252-354-3424
Pax 252-354-5068
This letter is to inform you that Coastal Planning & Engineering (Boca Raton, FL and Wilmington, NC) is assisting the
Town of Emerald Isle with the Bogue Inlet Channel Erosion Response Project. As such, Coastal Planning &
Engineering is authorized to submit permit application(s) and provide additional information to the US Army Corps of
Engineers on behalf of the Town of Emerald Isle.
Please contact me if you need additional information from the Town.
Sincerely,

Frank A. Rush, Jr.
Town Manager
r
copy: Tom Jarrett, Coastal Planning & Engineering
Lbw:.,
Tom Jarrett
Coastal Planning & Engineering n?
C Y n ,
204 Dorchester Place -P {' F, R
Wilmington, NC 28412 N' r -` ^s.?a r=
n
Mr. Alan W. Klimek, P.E., Director
NC Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
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