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HomeMy WebLinkAbout20010058 Ver 1_COMPLETE FILE_20010117OW AT ?9QG r o -c Michael F. Easley Governor William G. Ross,Jr.Secretary Department of Environment and Natural Resources Kerr T. Stevens Division of Water Quality March 22, 2001 MEMORANDUM TO: Doug Huggett, DCM FROM: John Dorney, DW RE: Water Quality Comments Town of Sunset Beach-bulldozing Brunswick County DWQ Project # 010058 DWQ has no objections to this project plans to bulldoze the oceanfront of the Town of Sunset Beach to repair the frontal dune system after a hurricane or storm event. We have no objection to this permit as long as bulldozing only occurs when the frontal dunes are breached or lost. Please call me at (919) 733-9646 if you have any questions. Cc: Wilmington DWQ Regional Office File Copy Central Files NCDENR Division of Water Quality 2321 Crabtree Blvd, Ste 250 Raleigh, NC 27604-2260 Wetlands/401 Unit: (919) 733-1786 -- - -- --- ---- State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office Division of Coastal Mannabennnennt Michael F. Easley, Governor Sherri Evans-Stanton, Acting Secretary Donna D. Moffitt, Director MEMORANDUM: 011000 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES 17, January 17, 2001 JAN 1 g 2001 TO: Mr. John R. Dorney, NCDENR Division of Water Quality 4401 Reedy Creek Road Raleigh, NC 27611-7687 FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Town of Sunset Beach Project Location: entire oceanfront of the Town Proposed Project: to beach bulldoze the entire oceanfront area. If authorized, permit would allow repair and reconstruction of a frontal dune system after a hurricane or storm event. Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 14, 2001. If you have any questions regarding the proposed project, please contact Janet Russell at extension 395-3900. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. v 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. SIG DATE IID D I 127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone 910-395-3900 FAX 910-350-2003 MEMORANDUM TO: John Dorney Non-Discharge Branch Regional Contact: J. Steenhuis WQ Supervisor: Rick Shiver Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Town of Sunset Beach County Brunswick Project Number 01 0058 County2 Recvd From DCNI Region Wilmington Received Date 1/18/01 Recvd By Region Project Type beach bulldozing; Certificates Stream Stream Impacts (ft.) Permit Wetland Wetland Wetland Stream Class Acres Feet ? a?r;ci, +I;i-ro Type Type Impact Score Index Prim. Supp. Basin Req. Req. )E:) sr. 1111()xi LAMA ? O Y _&N F- 99-(1) SB -- 30,700. I F__ F_ ?- - F--p-T-0 N F_f -F_F_f -f -F_ ?f_ Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? Q Y O N Did you request more info? Q Y O N Have Project Changes/Conditions Been Discussed With Applicant? Q Y O N Is Mitigation required? Q Y O N Recommendation: Q Issue ® Issue/fond O Deny Provided by Region: Latitude (ddmmss) Longitude (ddmmss) Comments: This office does not object to the eject as imposed. On the condition that it is used only when the frontal dunes are breaced or lost cc: Regional Office Central Office Page Number 1 project 01-0058 Subject: project 01-0058 Date: Thu, 22 Feb 2001 17:44:20 -0500 From: Joanne Steenhuis <Joanne.Steenhuis@ncmail.net> To: Cyndi Karoly <Cyndi.Karoly@NCMail.Net> Cyndi, This project was sent with some changes requested. The Town Manager sent a letter stating they would be willing to make those changes. I have not seen anything since the original project application. Joanne Steenhuis <Joanne.Steen huis@ncmail.net> C' 1 C 1 of 1 2/23/019:04 A NI DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT '100 5 1. APPLICANT'S NAME: TOWN OF SUNSET BEACH 2. LOCATION OF PROJECT SITE: Oceanfront Beach with Town of Sunset Beach Photo Index -,1291: 1-4 and 1-5 IM: 4 193 6, 7 and 8 State Plane Coordinates - X: 2 151 000 Y: 46 000 3. INVESTIGATION TYPE: CAMA Dredge & Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit Numerous Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received - cc: December 1, 2000 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Town of Sunset Beach Land Classification From LUP - Conservation (B) AEC(s) Involved: OH, PT © Water Dependent: No (D) Intended Use: Beach Bulldozing (E) Wastewater Treatment: Existing - Septic Tanks Planned - N/A (F) Type of Structures: Existing - Man-Made Dunes Planned - Dune Repair or Replacement (G) Estimated Annual Rate of Erosion: 2 Feet/Year Source - Erosion Rate Maps 7. HABITAT DESCRIPTION: [AREA] rlV Vnn_Vn =T T InTl (A) Vegetated Wetlands (B) Non-Vegetated Wetlands © Other Bulldoze Oceanfront Beach 45.45 acres (D) Total Area Disturbed: 45.45 acres (E) Primary Nursery Area: No (1') Water Classification: SB Open: N/A 8. PROJECT SUAIMARY: The Town of Sunset Beach is applying for a beach bulldozing permit for the entire oceanfront area of the Town. If authorized, the permit would allow repair and reconstruction of a frontal dune system after a hurricane or storm event. Page 2 9. PROJECT DESCRIPTION The Town of Sunset Beach is applying for a Major CAMA Permit to bulldoze 2.5 miles of oceanfront beach within the town limits. Sunset Beach is located on a barrier island in Brunswick County near the North Carolina/South Carolina state line. The Town is seeking a blanket bulldozing authorization in the event of a hurricane or storm causing erosion of or breaches in the existing frontal dune system. The applicant is requesting that the Town be allowed to repair or replace the frontal dune system as needed by bulldozing and/or hauling sand from the west end of the island near Mad Inlet where a buildup of sand has occurred in the last few years. The bulldozing/hauling would be done only in response to a beach erosion event. Equipment utilized to perform the work includes, bulldozers, backhoes, and loaders. The proposed width. and height of replacement dunes (in the event that the frontal dunes are totally destroyed) would be dictated by the availability of sand to rebuild the dune structures. Any bulldozing activity authorized would be limited to a total excavation of l' deep as is provided by the rules. Location of a new frontal dune system would depend upon the extent of damage to the frontal dune system and location of the average high tide. If damage was minimal, being only breaches in the dunes, then the breached openings would be filled with sand to the same height and width as the sections that are remaining and adjacent. This is provided that sand is available to do this. Erosion on the dune faces would be repaired with a new slope on the ocean side. The waters of the Atlantic Ocean have been classified as SB by the Division of Water Quality. 10. ANTICIPATED 11"PACTS The proposed beach bulldozing would result in a lowering of the beach profile. The area of disturbance could be as much as 45 acres of dry sand and intertidal ocean beach. Creatures who inhabit the intertidal zone would be adversely affected by the proposed work. Janet M. Russell / January 12, 2001 / Wilmington W"I l\T T? Linda Muegel, Administrator Larry Crim, Asst. Administrator EMERGENCY DUNE RESTORATION PROJECT SUNSET BEACH, NORTH CAROLINA CG. (Cltcrri) Chc?.c)<, .'?iator I d?,r:rd 1?4. Co]-c, Sr., Council Carl 11a7.etnorc. Council Paul (1:d) Hil hes, Council Llo'vd Grantham, Council Clifford Lrrickson, Council The purpose of the application is to obtain authorization to fill in eroded gaps, repair erosion escarpments on dune faces and completely rebuild frontal dunes after a major storm. The Town proposes to do this restoration on an emergency basis to protect the remaining dunes, personal property, and infrastructure. The Town proposes to build the dunes back to their original height and depth before the event. The parameters of the project will extent from the east side of the island at Tubb's Inlet to the west side of the island 3,2 mile past 40th St. toward Mad Inlet. The total length of the project will be no more than 2.5 miles and only as needed based on storm damage. The town will use assets available after a storm or hire experienced contractors to bulldoze the beach according to CAMA regulations. The duration of the project will be dependent on the availability of equipment and personnel and the weather conditions. No wetlands will be affected, and if fill is need it will be taken from excess sand already on the beach. If needed only beach compatible sand will be used for fill in any areas where sand must be transported. After Hurricane Floyd sand was transported from the extreme west end of the island to fill in the eroded gaps in the middle of the island. All ocean front property owners have been notified by registered mail of the CAMA permit application on the proposed project. t? 700 Sunset Boulevard North • Sunset Peach, NC 28468 Telephone 910-579-6297 0 910-579-3805 • Tax 910-579-1540 TED J?,1 waa 10 two PLff (To be completed by all applicants) DIVISION OF COASTAL MANAGEMENT b. City, town, community or landmark Sunset Beach 1. APPLICANT - c. Street address or secondary road number a. Landowner: -Atlantic nrenn Name Town of Sunset.Beach d. Is proposed work within city limits or planning jurisdiction? _XXX Yes No Address 700 Sunset Rlvd City Sunset Beach State N.C. Zip 28468 Day Phone 910-579-6297 Fax Ain-57A-1840 b. Authorized Agent: Name T.inrla F1r1esZp1 Address 700 S inset Blvd City Sunset BeQeh- State NC . Zip 284683 Day Phone 91 Q-579-6997 Fax 910-579-1840 c. Project name (if any) Boach- Bulldozing NOTE: Permil %0 be issued in nano of landoxner(s), and/or project name. 2. LOCATION OF PROPOSED PROJECT a. County Br,,n.czzdiric Push sand with bulldozers for 2.5 miles of beach strand to build and refurbish the dune system Re-awd 03/9{ e. Name of body of water nearest project (e.g. river, creek, sound, bay) tlantie Qeeaa 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: Build and refurbish Dune Eyqtem b. Is the proposed activity maintenance of an existing project, new work, or both? Bnth c. Will the project be for public, private or commercial use? 1bic 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. A ,mi form sl ona to 11 ha maint- ained ,in as not to ndanper the public or ini fere with public' use of beach. The depth of excovation by bulldozer, loader, backhoe, scraper etc will not exceed one foot,as meaty from to pre-activity contour. Equipment u i ize to pus ac sanor repair unes w-i not be operated seaward of the main low water elevation contour. \ Form DCNl-:NIP-1 ? 1 ?? ?? MAR 1 0 2000 IVISIGN aEcri sting wastewater treatment facilities. 4. LAND AND WATER COASTAL MAI\1AGEg19 CHARACTERISTICS a. Size of entire tract 2.5 miles b. Size of individual lot(s) 50 x -400 a-8-. Approximate elevation of tract above MHW or NWL 9 ft shove soa 1®1.701 d. Soil type(s) and texture(s) of tract Gana n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and re.?;idential discharges.) n /a o. Describe existing drinking water supply source. nl/a e. Vegetation on tract sea cats AmQra.can Beach Grass f. Man-made features now on tract n/a g. What is the CAMA Land Use Plan land classification of the site? (Consult the local land use plan.) X Conservation Transitional Developed Community Rural Other h. How is the tract zoned by local government? Cop-serv4en i. Is the proposed project consistent with the applicable zoning? X Yes No (Attach zoning compliance cerrificate, if applicable) Has a professional archaeological assessment been done for the tract? Yes _ No If yes, by whom? 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 1. Are there wetlands on the site? Yes X No Coastal (marsh) Other If yes, has a delineation been conducted? (Attach documentation, if available) 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. An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale in black ink on an 8 1/2" by I1" white paper. (Refer to. Coastal Resources Commission Rule 71.0203 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 uPvi-PH nz-4: Form DCM-MP-I 11?? MAR 1 0 2000 J !V!J! scrit;.? -2;jsting wastewater treatment facilities. 4. LAND A D WATER C 0A c-A , A. 1 n E ` 1 CHARACTERISTICS a. Size of entire tract 1 c miles b. Size of individual lot(s) 5n ?- 3?n ej'? C. Approximate elevation of tract above MHW or NWL fr 20- d. Soil type(s) and texture(s) of tract canri e. Vegetation on tract n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial /commercial effluent, "wash down" and residential discharges.) nfa o. Describe existing drinking water supply source. f. Man-made features now on tract n/ g. What is the CAMA Land Use Plan land classification of the site? (Consult thr ioa land use plan] X_ Conservation Transitional Developed Community Rural Other h. How is the tract zoned by local government? CSB"T i. Is the proposed project consistent with the applicable zoning? Yes No (.Attach Zoning eonpiiance cerriifi=r, if anpii=blr) j. Has a professional archaeological assessment be-en done for the tract? Yes No If ves, by whom? k. Is the proje„zt located in a National Reo'istered Historic District or does it involve a National Register listed or eligible property? Yes No 1. Are there wetlands on the site? Yes X No Coastal (marsh) Other If yes, has a delineation been conducted? (.mach documrnta ion, if available) 5. ADDITIONAL TNTFOR_MATION 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. o An accurate, dated wort: plat (including plan.view and cross-seactional drawings) drawn to scale in black ink on an 8 1/2" by 11" white paper. (Refer to. Coastal Resources Commission Rule 71.0203 for a detailed description.) Picase note that original drawings are preferred and only high Quality copies will be accepted. Blue-line prints or other larger plats are acceptable oaly if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Enginwrs 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 ua, n:-0. Form DONI-,tiiP-I site. Include highway or secondary road (SR) numbers, landmarks, and the like. ° A Stormwater• Certification, if one is necessary ° A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Upon signing this form, the applicant further certifies that such notice has been provided. Name Address Phone Name Address Phone Name Address Phone see attached ° A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. ° A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. ° A signed AEC hazard notice for projects in oceanfront and inlet areas. ° A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - I to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. I , I , .1 '', J i? -? I ; ,, j ? 11 MAR 10 2000 DIVISION OF COAS SAL v r 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND I understand that any permit issued in response to this application will allow ordy the development described in the application. The project will be subject to conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. I certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. This is the ?+? day of , Print Name L IN rJ A- F?l t-Ln6 ?-? Signature Landow r or A,uhorized AgeniL Please indicate. attachments pertaining to your proposed project. _xX 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 Form DCNI-INIP-2 ?? AVATN AND FffLL (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. Average Final Existing Project Length Width Depth Depth Access channel (MLw? or (N-WL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoctline stabilization) MAR 1 0 2000 DIVISION OF COASTAL MANAGEMENT 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards 110,000 cy- b. Type of material to be excavated Beach Sand c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? Yes yy No d. Highground excavation in cubic yards n/a 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area n/a b. Dimensions of disposal area n/a c. Do you claim title to disposal area? Yes XX No If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? Yes XX No If yes, where? Re--icrd 03 o: Form DCNI-NIP-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes XX No f. Does the disposal include any area in the water? Yes w No If Yes, (1) Amount of material to be placed in the water (2) Dimensions of fill area (3) Purpose of fill 3. SHORELINE STABELIZATION' N/A a. Type of shoreline stabilization Bulkhead Riprap N/A b. Length n/a c. Average distance waterward of MHW or NWL d. Maximum distance waterward of MHW or NWL e. Shoreline erosion during preceding 12 months (Source of information) f. Type of bulkhead or rprap material g. Amount of fill in cubic yards to be placed below water level (1) Riprap (2) Bulkhead backfill h. Type of till material i. Source of fill material b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? Yes No If Yes, (1) Dimensions of fill area (2) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? Planterl_1,1ith American Beach Grass b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? Bulldozer, loader, backhole c. Will wetlands be cr:,ssed in transporting equipment to project site? Yes No If yes, explain. steps that will -be taken to lessen environmental impacts. 4. OTHER FILL ACTIVITIES Applicant or Project Name (Excluding Shoreline Stabilization) a. Will fill material be brought to si ? E C ZVE Sisaature Yes No MAR 1 0 2000 DIVISION OF Rr?LCCd 03:9; COASTAL MANAGEMENT ,Furm DC1111-.`11I' e. Does the disposal area include any coastal wetlands (marsh). SAVs or other wetlands? Yes )1 No f. Does the disposal include any area in the water? Yes _y No If yes, (1) Amount of material to be placed in the water (2) Dimensions of fill area (3) Purpose of fill h. Will fill material he placed in coastal wetlands 3. SHORELINE STABILIZATION (marsh), SAVs or other wetlands? N/A Yes No If yes, a. Type of shoreline stabilization (1) Dimensions of fill area Bulkhead Riprap N/A (2) Purpose of fill h. Length n/a c. Average distance waterward of MHW or 'A'WL 5. GENEFZ4L d. ]Maximum distance waterµ•ard of 41HW or NrV,7L a. How will excavated or fill material be kept on site e. Shoreline erosion during preceding 12 months and erosion controlled? pi anto?l th American Beach Grass (Source of inJ-orma,%or.i f. Type of bulkhead or riprap material b. What type of construction equipment will be used (for example, dragline, backhoe, -or hvdraulic g. Amount of fill in cubic yards to be placed below dredge)? water level Bulldozer, loader, backhole (1) Riprap (2) Bulkhead back-fill c. Will wetlands be cr: sst_,Ai in transporting equipment h. Tvpe of till material to project site? Yes No If yes, explain, steps that will he taken to lessen environmental impacts. I . Source of fill material 4. OTHER FILL ACTn ITIES (Excluding Shoreline Stabilization) Appii=t or f'mJect hum p a. ice?„ ,?+ I Signature Will fill material be brought to sitd Yes No ' , c VjA i G 200[t D i j 7l Town of Sunset Beach Beach Bulldozing February 28, 2000 LP\-I- L;we n 9 R, %-- - v,?\o TtHy-? 9\p C('o55 Section o? Dune /s-mrrn Snmge MAR 1 0 2000 DIVISION OF COASTAL MANAGEMENT r ?50? AVG 5-Tom Surge germ (ConTimjes TO m"Q OUT TO 5Q4) *1 to f La SUnSeT beach N =Cw 1C/V G Sense,' bead, 2 MoD Flo ?u s ?Te Sn1d' (.set) SCg1Q I"= M;le M H \rl MLW 6 O I ' C 1 1 i O C \ i O 1 a. o a-5 ?D 0 ? c N 2 n Y 0 ? o -r 3 u: ? c r ? O M! r? C !u 9 N a C 1 ? o 'b o n IA ? 0 0 O I I _I I J I ? O 1 Q ? G Q ?. 1 rt OU I ? n v O u ALE Vt, i iE?, r,,/ M.5 C/ '- s ) ;p 1 s io I 1 I I G b ? - 75 a ti ? to '? ? S T ?O c S I ? ? o ?C C? n - 0 o c AEC HAZARD NOTICE Project Is In An: x Ocean Erodible Area High " Lazard =l0od Area ,X Inlet Hazard Area Date Lot Was Patted; This notice (S L-jtende 7" LA of th e d to make you, the applicant, aw„1e special risks and cc,',.. ditio: associated with developmE,nt Ln tr-s area, ta?l;ich hazards Is Subject rds such assto.-m&, erosion and curr to na rural the Coast:? resource'' C 2n.rs, -rn.. rules of receive an A:-:C riazatt ?odce _Y iotice ]on require that you notice iri write and acknowledge tr,at issued, g before a pe -nit for deve?op; tent can be The Coznmiasioa'$rulesonbui cing e standards,ocear?frant riot t lis an ddunealte:ation aredes bpnedtomirurriize,b zt eliminate, property loss from hazards. Byb p=rznits, the Coastal I:espuree5 Cpmrussion ty the safety of the de,.-elopm apes not ent and ass iability for futi:re dam- 'In e to the develn t„ 1e,,?t resources umes no The best available L'uo=ation, as aeropted by the Coastal erosion :rate indicates that the annual'oce,:,n rate for the area where your n*0p?t, j, lo -1>2,._ feet pcr year, cated is The rate wa; established by, careful photo aAhS pf the coasaine o analysis o: aerial Studies -n over thepast50yea:'S. also indicate th'At the shoreline could move much as ip feet as landtv?.rd in z major storm. food waters in zrztajorsto=n areprecucted to be about -'_ feet deep ir. this area,. Preferred oceanfront protection measures are beach loursshznent and relocation of threatened structure6. lard erosion control rt?ucrsres such as beheads ea'Nalls, reve?ents, groins, jetties zed breal:lti titers are aIIowed under Porgy Y devices, including sand bags, may a tl Conditions, 1ILS structure shall bD r_1Qcated or dismantled ears of b?o.ninbimminendy threatened. a within two q applicant mw: a:}C'10?1rledge this illdc=ation and ? L 9nents by -"P?d this notice poq eihe proper s D"nzr.?re, the anpi the p ?t?iIl not be 1 nt ??9natura SPECIAL NOT2: This hazard notice aeveloprzent L., 'tor areas sur)'e,t to sud ' S re^uired for T?s end erosion. P ?-• " aen ar'-, massive area expire on J r _ e-`lu?susued f cce p ,.- develon:-ne_ntin t-hi; e near in tvhich t mb, r 31 of tine fiord vearioliDx u, o- ti negins or, the pro ip S LSUed. Shortly befor? tvozk Local Permit Offiro, determine the vetYa)sseeZ the little ch site. Ltfheproa er ionL-jsandsethdckdishcP ` ato develoP'ill ment' can stin,neet the Be aT19eand theproposed LPOwill i-1fol-ui You y tback requ anent, thk tant is t you the ; with the LPO b b`0 w erk. Itis impor. 1 efoze .n eo for official approval to continue PCM itexpires has expired. Generavv if foundation P. zngs thepermit placed and substantial Pigs have bee. renetiral maynot be necessary- Progress is condiluina not been made, the 4 if bubst? pennit setbael; line'estabIishe =It is ust be renel ed juld has Zew afterpe.'mi6 expiration tYtt1)0Ut unlawful rk a proval. sue wo PD:' more irtforln3:iAr., co:ttac Janet M. Russell Local Ferrrlrt Otfrc?r Division of Coastal Management Address ?? e F z Wilmington, NC 28405 L??clfly 910 393-3900 °hone (7°ViSpC 7I x.4 1 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT CORPS OF ENGINEERS ,?jy?,,•-1 RO. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO January 26, 2001 Regulatory Division Action ID No. 200100355 Mr. John Domey Division of Water Quality North Carolina Department of Environment and Natural Resources 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Dear Mr. Dorney: ,JAN 3 1 2001 O (0, OSZ,-' Reference the application of The Town of Sunset Beach for Department of the Army authorization and a State Water Quality Certification to beach bulldoze the entire oceanfront area of the Town to repair and reconstruct the frontal dune system, in the Town of Sunset Beach, Brunswick 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 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act, and we have determined that a water quality certification is 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, in most cases, 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, or asked for an extension of time, by March 19, 2001, the District Engineer will deem that waiver has occurred. Questions or comments may be addressed to the undersigned, Wilmington Field Office, Regulatory Branch, telephone (910) 251-4829. Sincerely, 4A&II i1114M Lillette Moore, Biologist Wilmington Field Office Copies Furnished: Mr. John Parker Division of Coastal Management North Carolina Department of Environment and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 1.? DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS l,,,1 2001 P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402.1890 January 26, 2001 IN REPLY REFER TO Regulatory Division Action ID No. 200100355 Ms. Linda Fluegel Town of Sunset Beach 700 Sunset Boulevard Sunset Beach, NC 28468 Dear Ms. Fluegel: On February 11, 1991, we renewed general permit No. 198000291 (copy enclosed), that provides Federal authorization for construction activities that receive authorization from the State of North Carolina. A review of your application received January 18, 2001, for Department of the Army authorization to perform beach bulldozing along the entire oceanfront area of the Town to repair and reconstruct the frontal dune system, in the Town of Sunset Beach, Brunswick County, North Carolina indicates it to be a candidate for Federal authorization under this general permit. Accordingly, the administrative processing of your application will be accomplished by the North Carolina Division of Coastal Management. Comments from Federal review agencies will be furnished to the State. If your application must be withdrawn from this general permit process for any reason, you will be informed regarding its further management. If there are no unresolved differences in State-Federal positions or policies, the final action taken on your application by the State will result in your receiving written notice from us that your application is consistent with the general permit and you may commence your activity. Only after receiving such confirmation should you begin work. telephone (910) 251-4829. Your application, pursuant to Section 10 of the River and Harbor Act, has been assigned Action ID No. 200100355 and will be coordinated by the undersigned in our office available at Sincerely, Enclosure Lillette Moore, Biologist Wilmington Regulatory Field Office Copies Furnished (without enclosure): Mr. Doug Huggett Division of Coastal Management Mr. C. Robert Stroud, Jr., District Manager North Carolina Department of Wilmington Regional Office Environment and Natural Resources North Carolina Division of 1638 Mail Service Center Coastal Management Raleigh, North Carolina 27699-1638 127 Cardinal Drive Extension Mr. John Dorney Wilmington, North Carolina 28405-3845 Division of Water Quality North Carolina Department of Environment and Natural Resources 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Mr. Garland Purdue, Field Supervisor U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Ron Sechler National Marine Fisheries Service Habitat Conservation Division Pivers Island Beaufort, North Carolina 28516 Mr. David Rackley National Marine Fisheries Service NOAA 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Mr. William L. Cox, Chief Wetlands Section - Region IV Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 2 DEPARTMENT OF THE ARMY ? WILMINGTON DISTRICT, CORPS OF ENGINEERS' l!? ( IS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO April 6, 2001 Regulatory Division t T`> Action ID No. 200100355 Dos Mr. Doug Huggett Division of Coastal 1%,lanagement North Carolina Department of Environment and Natural Resources 1638 Mail Service Center Raleigh, North Carolina 27699-1638 Dear Mr. Huggett: Reference the application of Town of Sunset Beach for a Department of the Army permit to perform beach bulldozing along the entire oceanfront area of the Town to repair and reconstruct the frontal dune system, in the Town of Sunset Beach, Brunswick County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. All work authorized by this permit must be performed in strict compliance with the permit plans, which are a part of this permit. 2. Before any planned beach bulldozing the permittee and his contractor will meet onsite with a representative of the U.S. Army Corps of Engineers to make sure that bulldozing is necessary. No excavated or fill materials will be placed at any time in any vegetated wetlands or waters. 4. This Department of the Army permit does not obviate the need to obtain other Federal, State, or local authorizations required by law. 5. This permit does not grant any property rights or exclusive privileges. 6. This permit does not authorize interference with any existing or proposed Federal project. 7. No bulldozing will be done on any property unless and until the individual property owner has given their written permission for such work. 8. In the event that the existing frontal dune system is destroyed, the new location for the reestablishment of a new frontal dune will be staked by the Division of Coastal Management. 9. Equipment used to push beach sand, or repair dunes will not be operated seaward of the mean low water elevation contour. 10. During and after construction activities, a uniform, gradual slope will be maintained so as not to endanger the public or interfere with the public's use of the beach. 11. The depth of excavation by bulldozer, loader, backhoe, scraper, etc. will not exceed one foot total, as measured from the pre-activity contours. 12. Repair of the existing dune system is not to result in damage to or filling over existing vegetation. 13. Repaired or reconstructed dunes are to be planted with native species of beach grass. 14. The bulldozing activities shall not significantly increase erosion on adjacent properties, and it shall not have significant adverse effect on important natural or cultural resources. 15. In order to protect nesting activities of Loggerhead sea turtles, no grading or bulldozing of material or any other work on the beachfront will be performed between the dates of May 1 and November 15 of any year without the prior approval of the U.S. Fish and Wildlife Service through the Division of Coastal Management. 16. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. In addition, the permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit Attention: Sharon Tear N CS261 1315 E West MVY RNI 7316 Silver Spring, NID 20910-3282 at least two weeks prior to beginning work and upon completion of work. Should you have any questions or comments, please contact the undersigned at telephone (910) 251-4829. Sincerely, Lillette Moore Physical Scientist Wilmington Regulatory Field Office Copies Furnished: Mr. John Dorney Division of Water Quality Section North Carolina Department of Environment and Natural Resources 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Dr. Garland Pardue U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Ron Sechler National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Mr. William L. Cox, Chief Wetlands Section - Region IV Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Mr. C. Robert Stroud, Jr., District Manager Wilmington Regional Office North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 27405-3845 IVIr. Ted Tyndall, District IVlanager Morehead City Regional Office North Carolina Division of Coastal Management Hestron Plaza 11, 151-B Highway 24 Morehead City, North Carolina 28557 Commanding Officer U.S. Coast Guard Marine Safety Office Wilmington 1502 North 23"' Street Wilmington, North Carolina 28405 Mr. David Rackley National Marine Fisheries Serv. NOAA 219 Fort Johnson Road Charleston, South Carolina 29412-91 10