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HomeMy WebLinkAbout20161173 Ver 3_CAMA Application_20230221ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director February 21, 2023 MEMORANDUM �nEQ NORTH CAROLINA Environmental Quality FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Office: 252-515-5413 (Courier 11-12-09) curt.weycherta-ncdenr.gov SUBJECT: CAMA Application Review Applicant: Ocean Club Master Association Inc. Project Location: 1700 Salter Path Rd, Carteret County Proposed Project: Living Shoreline Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Weychert at the address above by March 22, 2023. If you have any questions regarding the proposed project, contact Heather Styron 252-515-5417. when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** PRINT NAME AGENCY SIGNATURE DATE 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. D E Q�� North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557 NORTH CAROUNA - Oepadment01EnWronmenmlQuality /� 252.808.2808 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Ocean Club Master Association Inc. LOCATION OF PROJECT SITE: The project is located adjacent to Bogue Sound at 1700 Salter Path Road, near Indian Beach, Carteret County. Latitude:34°41'18.84"N Longitude: 076°54'0.79"W INVESTIGATION TYPE: CAMA/D&F INVESTIGATIVE PROCEDURE: Date(s) of Site Visit — 2/1/2023 Was Applicant or Agent Present —No Photos Taken — No PROCESSING PROCEDURE: Application Received Complete — 1/25/2023 Office — MHC SITE DESCRIPTION: (A) Local Land Use Plan — Carteret County Land Classification from LUP —Developed (B) AEC(s) Involved: EW, PTA (C) Water Dependent: Yes (D) Intended Use: Private/Community (E) Wastewater Treatment: Existing — municipal sewer Planned - NIA (F) Type of Development: Existing — condominiums, amenities, docking facility, dilapidated offshore sill and bulkheads Planned - oyster rock sill and revetment (G) Estimated Annual Rate of Erosion: N/A Source — NIA HABITAT DESCRIPTION: DREDGED FILLED INCORP/SHADED (A) Shallow Bottom 7,403 ft2 (E) Total Area Disturbed: 7,403 ftZ (F) Primary Nursery Area: No (G) Water Classification: ORW Open: Yes (H) Cultural Resources: None Project Summary: A major modification was issued on 12/12/2016 (expired on 12/31/2020) for the construction of an oyster shell bag offshore sill. Since the placement of the sill, per the applicant, harvesting activities have severely damaged and weekend the existing structure. The applicant wishes to construct a Quick Reef living shoreline with a new alignment approximately 30' waterward of NHW/MHW using the remaining oyster shell bags from the damaged sill as a base as well as 42' revetment (along the west side of the parcel) within Bogue Sound, Carteret County. Field Investigation Report: Ocean Club Master Assoc Paue 2 Narrative Description: The property is located adjacent to Bogue Sound at 1700 Salter Path Road in Indian Beach, Carteret County. This property is developed with condominium units, a docking facility, amenities, vinyl bulkheads and a dilapidated offshore sill. The adjacent property to the east used to be a campground and the property to the west is undeveloped. The average elevation of the high ground of the parcel is about S' above the normal high water level (nhw). There is approximately 1,202' of continuous shoreline along Bogue Sound on this tract of land. Vegetation on the property mainly consist of palm trees, coastal wetlands, and lawn grasses. Immediate offshore water depths adjacent to the parcel range from —0.3' to —1.2' normal low water level (nlw). The subaqueous substrate is firm with shell. There is submerged aquatic vegetation in the nearby vicinity of the project area. There is not a cultural resource in the nearby vicinity of the project area. This waterbody is approximately 2.3 miles across at this location. These coastal waters are not classified as a Primary Nursery Area and submerged aquatic vegetation habitat is present at this location. This area is open to shellfish harvest and is classified as Outstanding Resource Waters (ORW). There is not a defined Federal Channel in the nearby vicinity of this project area. This project area is within the White Oak River Basin. Proposed Development: According to the applicant, harvesting activities have severely damaged and weekend the existing structure therefore they are proposing to construct a Quick Reef living shoreline. They are proposing a new alignment approximately 30' waterward of NHW/MHW using the remaining oyster shell bags from the damaged sill as a base as well as 42' revetment along the west side of the property and within Bogue Sound, in Indian Beach. The proposed development will take place at 1700 Salter Path Road, Carteret County. The proposed development will serve a private community condominium complex. The applicant wishes to construct a 1,312' offshore sill with 13' of baffled or overlapping gaps and approximately 30' waterward of the normal high-water level and a 42' marsh toe revetment (revetment along the west side of parcel) immediately waterward of mean low water. The total sill length along the shoreline would be 1,312', base width of 5' and a centerline height of 21 inches. There would be (9) 5' wide baffled gaps and (3) 5' wide overlapping gaps to allow for water flushing, fish movement as well as kayak launching areas. All sections of the sill would be 100' long or shorter except for the sections at each end of the structure. They are also proposing a 42' revetment (Quick - Reef) landward of the proposed sill and along the west side of the parcel where erosion is significant. The revetment would not extend farther than 6' waterward of the escarpment and no more than 6 inches above the coastal wetland substrate. There is no earthen fill or marsh planting being proposed in conjunction with this sill at this time. The applicant hopes that the area landward of the proposed sills will become stable and naturalize over time with native Coastal Wetland species. Heather Styron February 13, 2023 Morehead City Field Investigation Report: Ocean Club Master Assoc Page 3 Anticipated Impacts - The proposal will not pose a hazard to navigation. The proposed sill would extend approximately 30'-35' waterward into Bogue Sound. The proposed sill and revetment would fill approximately 7,403 square feet of shallow bottom habitat. Traditional marine construction methodology will be utilized during the construction of this private project. Minimal temporary turbidity impacts are anticipated during construction. There is not a cultural resource in the nearby vicinity of the project area. These waters of Bogue Sound are not classified as a Primary Nursery Area and the presence of submerged aquatic vegetation was not observed in the immediate vicinity of the project area but should not be impacted by this proposal. This area is open to shellfish harvest and is classified as Outstanding Resource Waters. There is not a defined Federal Channel near the project area. Heather Styron February 13, 2023 Morchcad City ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director Carteret News Times PO Box 1679 Morehead City, NC 28557 NORTH CAROLINA Environmental Quality February 13, 2023 Re: Public Notice -The Ocean Club Master Association, 1700 Salter Path Road Dear Sir/Madam: Please publish the attached notice in the 2/19/2023 issue of the Carteret News Times. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Amanda Cannon, NC Division of Coastal Management, 400 Commerce Avenue, Morehead City, North Carolina 28557, Telephone (252) 515-5400. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Morehead City office. Sincerely, Heather M. Styron Coastal Management Representative 10-1 D Q�� North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 raoaTH cnao�mn + D.P.& dal Entlmnm I.N.p0 �� 252,515.5400 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an Area of Environmental Concern as designated under the CAMA was received as complete on 1/25/2023. According to said application, The Ocean Club Master Association proposes to construct an offshore sill and revetment along the sound side tract at 1700 Salter Path Road, Indian Beach, NC. A copy of the entire application may be examined or copied at the office of Heather Styron, NC Division of Coastal Management, located at 400 Commerce Avenue, Morehead City, NC, (252) 515-5400 during normal business hours. Comments mailed to Braxton Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, N.C. 28557, prior to 3/11/2023, will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. PUBLISH ON: 2/19/2023 NOf�TH GAI?C)LINAD EQ� Doport oni of Envlronmantoi D+uwy North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 252.515.5400 MAJOR PERMIT FEE MATRdX A Reant: r ek # 1 5-b J�i0 C - Selection Development Type Fee DCM % (14360 160114351000831625 6263) DWQ % (243001602 435100096 2341) I, Private, non-commercial development that does not $250 100% ($250) 0% ($0) involve the filling or excavation of any wetlands or open water areas: ll. Public or commercial ❑ development that does not $400 100% ($40.0) 0% ($0) involve the filling or excavation of any wetlands or open water areas: Major Modification to a $250 100% ($250) 0% ($0) CAMA Ma"or permit. ill. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A, B. C, or D below a lies: lll(A). Private, non- commercial development, if $250 100% ($250) 0% ($0) General Water Quality Certification No. 4097 (See attached) can be a lied: III(p). Public or commercial development, if General $400 100%($400) 0% ($0) Water Quality Certification No. 4097 (See attached) can be a fled: Ill(C). If General Water Quality Certification No. $400 60% ($240) 40%($160) 4097 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: lil(D). If General Water Quality Certification No. $400 60% ($240) 40% ($160) 4097 (see attached) cannot be applied: IV. For development that involves the filling and/or $475 60% ($285) 40% ($190) excavation of more than one acre of wetlands and/or open water areas: )C .NORTH CAROLINA, CARTERET COUNTY This instrument and this certificate are duly tiled at the date and time and In the Book and Page shown on the first page hereof. D n , Regl�u B .aWc Deputy. R"MW of Deed. 1.0H tdFG15TRAT1QN IZEG15IL14 Uh ULLUt, Joy Laurence Carteret county. tl� July 23, 2014 02: 40 :19 Phi Bg DEED 4 P FEE $26 00 FILE 4 14B4341 QUIT CLAIM DEED Prepared by: Richard J. Archie WHITE & ALLEN, P.A. Property was not Grantor's primary residence NO TITLE EXAMINATION PERFORMED BY DRAFTING ATTORNEY NORTH CAROLINA CARTERET COUNTY Tax Stamps: $ Parcel No.: 633405087082000 THIS DEED, made this 25 day of May, 2014, by FYH, LLC, Grantor; to THE OCEAN CLUB MASTER ASSOCIATION, INC., whose address is P.O. Box 4455, Emerald Isle, NC 28594, Grantee; W I T N E S S E T H: That Grantor, for a valuable consideration paid by Grantee, the receipt of which is hereby acknowledged, has remised and released, and by these presents, does remise, release, and forever quitclaim unto Grantee, its successors and assigns, in fee simple, that parcel of land lying and being in Morehead Township, Carteret County, North Carolina, and more particularly described on Exhibit A attached hereto and incorporated herein by reference. This property is a portion of that property conveyed to Grantor by Deed recorded in the above named County Registry in Book 1115, Page 438. BOOKIqLLPAGE JAN 2 5 -M 0 TO HAVE AND TO HOLD the aforesaid parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. IN WITNESS WHEREOF, the Grantor has caused this instrument to be signed in the manner prescribed by law, the day and year first above written. SIGNATURE ON THE FOLLOWING PAGE JA N 2 5 2023 BOOK 1q�LPAGE -q FYH, LLC By: (SEAL) Pamela D. Wall, Manager NORTH CAROLINA C 2 rkyor COUNTY Personally appeared before me this day Pamela D. Wall being personally known to me or identified by satisfactory evidence and acknowledged to me that she is the Manager of FYH, LLC and that as Manager she voluntarily executed the foregoing instrument for the terms and purposes therein set forth. Witness my hand and notarial seal, this Z 5 day of n-e, 2014. �-v .j ff/ TA 674-iS Notary Public My commission expires: O (,per-o 3— 20i9, 3 BOOK ly PAGE �t .JAI 2 5 2023 0(;M- Hb oyy Exhibit "A" ATTACHMENT TO QUIT CLAIM DEED by FYH, LLC, Grantor; to THE OCEAN CLUB MASTER ASSOCIATION, INC., Grantee: BEING ALL of that property conveying 0.24 acres, more or less as same is depicted on that map entitled "RECOMBINATION AND EASEMENT SURVEY THE OCEAN CLUB" prepared by Stroud Engineering, P.A. dated 10/8/13 recorded in Map Book 33 , Page �tE , Carteret County Registry. Reference is made to said map for a detailed description of said property. It is the Grantee's intention that this property be combined with NCPIN 633405170619000 to create one tax parcel. #5 112119-1 4 BOOK PAGE 3y 1 JAN, % 5 W3 ouo—M14D Off Project Name: Ocean Club Living Shoreline Project Address: 1700 Salter Path Rd, Atlantic Beach, North Carolina (NC) Owner: Ocean Club Master Association Non -Project Project Sponsor: North Carolina Coastal Federation Consultant and Contractor: Native Shorelines, a division of Restoration Systems, LLC The subject soundside shoreline at the Ocean Club condominium complex is in direct need of stabilization and restoration due to ongoing, consistent erosion with no significant accretion of material. An oyster shell bag offshore sill was constructed on this site in 2017, but harvesting activities severely damaged the structure, weakening it. King tides in 2022 subsequently destroyed most of the damaged structure. The proposed conceptual plan includes construction of a QuickReefT"' living shoreline on a new alignment approximately 30 feet (ft) waterward of mean high water (MHW) using the remaining oyster shell bags from the damaged sill as a base. The proposed living shoreline will provide protection to the existing bulkhead and remaining natural salt marsh wetlands on site. This will reduce future maintenance of the bulkhead for The Ocean Club Master Association as well as protect the remaining natural shoreline from further erosion. It will improve intertidal habitat and increase resilience of the property to storm events. The sill system in this location will allow oyster recruitment and growth and is intended to generate an intertidal oyster reef but will be more resistant to harvesting damage than the previous structure The proposed living shoreline will consist of a 1,312-ft long offshore sill with baffled and overlapping gaps and a 42-ft long revetment. The offshore sill will have a base width of 5 feet (ft) and a height of 21 inches (in) along the centerline. It will extend no more than 30 ft waterward of MHW and will be constructed using QuickReefT"". QuickReefT"' is an alternative living shoreline material composed of limestone from the Belgrade and Castle Hayne quarries, oyster shells, and Portland cement. Mesh bags from the existing damaged sill containing recycled oyster shells (not alive) will be moved to the new alignment to form the base of the new sill. A 42-ft section of the living shoreline where erosion is significant will be a QuickReefT" revetment behind the sill. This portion will not extend further than 6 ft waterward from the escarpment and no more than 6 in higher than the existing coastal wetlands. There will be nine (9) 5-ft wide baffled gaps and three (3) 5-ft wide overlapping gaps to allow for water flushing and fish movement. The overlapping gaps are placed and designed to facilitate water access and kayak launching by Ocean Club residents. Overlapping sections of sill and baffles are designed to prevent scouring and erosion at the gap locations. All sections of the offshore sill are 100-ft long or shorter except for the sections at each end of the structure. These sections are longer to accommodate the kayak launching areas while still following the contours Project Narrative - Ocean Club Living Shoreline - Page 1 of 2 25 January 2023 JAN 2 5 202 O'Chn-MHU 0 1 Y of the shoreline and preventing extremely short sections of sill that would be more susceptible to storm damage. This project is proposed now to take advantage of living shoreline cost -share funds allocated by the NC General Assembly in 2021 to the NC Coastal Federation for grants for living shorelines. These funds are limited in time frame and value and protection of this portion of shoreline would not be possible without the use of these funds. The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. And, the project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. RECFjVFD JAN 2 5 2023 Oatow-In e.4-� ,v - Project Narrative - Ocean Club Living Shoreline - Page 2 of 2 25 January 2023 DCM MP-1 APPLICATION for -� Major Development Permit past: revlssd 1zn710e, North Carolina DIVISION OF COASTAL MANAGEMENT Form continues on backs 252-8 2808 :: 1-888.4RC0AbT :: wvrw.i�Gco�stalrnanagam��t.tvs t JAN � 5 M3 0091-m"tJ (-'11-Y Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Carteret 1700 Salter Path Rd NC-58 Subdivision Name City State Zip The Ocean Club Condos Indian Beach NC 28512 - Phone No. Lot No.(s) (if many, attach additional page with list) - ext. I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project White Oak Bogue Sound c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ZNatural ❑Manmade ❑Unknown Bogue Sound a. Is proposed work within city limits or planning jurisdiction? f. if applicable, list the planning jurisdiction or city limit the proposed MYes ❑No work falls within. Indian Beach 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 1,202 ft approx. 8.82 acres c. Size of individual lot(s) d. Approximate elevation of tract strove NHW (normal high water) or N/A I NWL (normal wafer level) (lfmanylot sizes, please affach additional page with a list) 0-1 ft ®NHW or ❑NWL e. Vegetation on tract Coastal marsh grasses, shrubs, trees, lawn f. Man-made features and uses now on tract Condominiums, road, parking lots, sidewalk, in -ground pool, bulkhead, existing oyster shell bag living shoreline that will be removed and replaced with a new living shoreline closer to the shoreline. g. identify and describe the existing land uses adjacent to the proposed project site. Undeveloped single family residential lots, undeveloped HOA property, commercial property (Merrell Estate event venue) h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? PDD - Planned Development District (Attach zoning compliance certificate, if applicable) ❑Yes ❑No ®NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes X No ❑ NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ®No ❑ NA National Register listed or eligible property? <Form continues on next pages RR FIVId u Form DCM MP-1 (Page 3 of 4) m. (1) Are there wetlands on the site? (ii) Are there coastal wetlands on the site? (Ili) If yes to either (i) or (ii) above, has a delineation been conducted? (Attach documentation, if available) APPLICATION for Major Development Permit NYes ❑No NYes ❑No ❑Yes NNo n. Describe existing wastewater treatment facilities. There is a 65,000 gpd tank along with a 5-day holding pond and drain field on the property. o. Describe existing drinking water supply source. Drinking water is supplied by Bogue Banks. p. Describe existing stormwater management or treatment systems. Stormwater retention areas exist on the property. 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Government ® PrivatelCommunity b. Give a brief description of purpose, use, and daily operations of the project when complete. The proposed living shoreline will provide protection to the existing bulkhead and remaining natural salt marsh wetlands on site. This will reduce future maintenance of the bulkhead for The Ocean Club Master Association as well as protect the remaining natural shoreline from further erosion. it will improve intertidal habitat and increase resilience of the property to storm events. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. For most of the project, pallets of QuickReefT"' will be barged to the site and offloaded into the water using a crane or trucked to the site and lowered over the bulkhead by a crane. Some material will be transported along the existing marsh on the western portion of the property using a low -impact, low ground -pressure forklift. If material needs to be stockpiled along the shore for the marsh toe revetment construction, or any material needs to be transported by land over coastal wetlands, plywood and/or logging mats will be placed over existing coastal marsh for the time required to travel across it or temporarily stockpile materials to prevent deposition of fill and dissipate any impacts. No material will be set on existing coastal marsh for an extended period of time. Mesh bags containing recycled oyster shells (not alive) from the existing damaged sill will be moved by hand to the new alignment to form the base of the new offshore sills. A construction crew will then install the QuickReefT" units by hand per attached permit drawings. All pallets and any other construction materials will be removed from the site immediately following construction. d. List all development activities you propose. The existing oyster shell bag offshore sill was significantly damaged and weakened from harvesting activities. Following those activities, the king tides in mid and late-2422 destroyed most of the existing structure. The portion of the sill that is remaining and does not have live oysters will be relocated to the new alignment and a new sill will be constructed closer to shore using the damaged oyster bags from the existing sill as a base and QuickReefT""units for the main structure. A revetment is also proposed for 42 feet of shoreline experiencing extreme erosion. Native grasses will be planted in subsequent spring seasons as needed. e. Are the proposed activities maintenance of an existing project, new work, or both? Removal of an existing project Construction of new project f. What is the approximate total disturbed land area resulting from the proposed project? 7,403 ZSq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ANo ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. None i. Will wastewater or stormwater be discharged into a wetland? DYes IZINo ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑ No X NA j. Is there any mitigation proposed? ❑Yes ❑No NNA If yes, attach a mitigation proposal. r'p 0 JAN ?, 5 M23 rY, ld-MH! �s'r �i Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (t) are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. 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. Name East Fort Macon Rd LLC Phone No. Address 1620 Salter Path Rd, Indian Beach, INC (Physical), 2231 Nash Street NW, Suite D, Wilson, NC 27696 (Mailing) Name Roosevelt Cove LLC Phone No. Address 1782 Salter Path Rd, Indian Beach, NC (Physical), 3302-C Bridges Street, Morehead City, NC 28657 (Mailing) Name Phone No. Address g. Alist of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. CAMA Major Permit 1 No. 27-16 was obtained by the Ocean Club Master Association (Bobby Cahoon Construction, Inc.,contractor) on December 12, 2016 and modified on March 20, 2017. A CAMA permit was obtained by Bobby Cahoon Construction, Inc. in 2019 for pier repairs. h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. 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 the conditions and restrictions contained in the permit. 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. further certify that the information provided in this application is truthful to the best of my knowledge. Date 01/24/2023 Print Name Mary -Margaret S McKinney for Native Shorelines Signature 5 "YM�-' Please indicate application attachments pertaining to your proposed project. NDCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development SDCM MP4 Structures Information rCFJVF.D 252-808-2808 :: 1-888.4RCOAST :: wwwmecoastalmanagemerrt.ret JAN t 20,J Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete ail other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel (NLW or Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater (excluding shoreline NWL) stabilization 1,312ft of offshore sill with 13ft' of baffled or Length overlapping gaps; 42ft of marsh toe revetment Offshore sill" - 5ft bottom width Width Marsh toe revetment - 4ft bottom width Avg. Existing NA NA Depth Final Project NA NA Depth 9. EXCAVATION ® This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. NIA NIA C. (i) Does the area to be excavated include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ®None (ii) Describe the purpose of the excavation in these areas: NIA d. High -ground excavation in cubic yards. NIA 2. DISPOSAL OF EXCAVATED MATERIAL ® This section not applicable a. Location of disposal area. b. Dimensions of disposal area. NIA c. (i) Do you claim title to disposal area? ❑Yes ❑No ®NA (ii) If no, attach a letter granting permission from the owner. NIA (i) Will a disposal area be available for future maintenance? ❑Yes ❑No ONA (ii) if yes, where? 311�� LAAA-1114 U C l l y e. (i) Does the disposal area include any coastal wetlands/marsh f. (1) Does the disposal include any area in the water? (OW), submerged aquatic vegetation (SAV), shell bottom (SB), ❑Yes ❑No ®NA or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. (ii) If yes, how much water area is affected? ❑GW ❑SAV ❑SB ❑WL NNone (ii) Describe the purpose of disposal in these areas: 3. SHORELINE STABILIZATION ❑ This section not applicable (if development is a wood groin, use MP-4 — Structures) a. Type of shoreline stabilization: ❑ Bulkhead ❑ Riprap N Breakwater/Sill Z Other: Mdcijh toe revetment C. Average distance waterward of NHW or NWL: The landward edge of the offshore sill will be 30' from NHW. The waterward edge of the marsh toe revetment will be an average of 3-4' from existing coastal marsh. e. Type of stabilization material: QuickReefl" and mesh bags filled with recycled oyster shells and/or marl. g. Number of square feet of fill to be placed below water level. Bulkhead backfill _ Riprap Breakwater/Sill 7.235 so, ft. aopW& Other Marsh Toe Revetment: 1813 sq ft ap rp nx. i. Source of fill material. QuickReefm will be supplied by Native Shorelines. It is composed of limestone from the Belgrade and Castle Hayne quarries, oyster shells, and portland cement. Mesh bags from the existing damaged sill containing recycled oyster shells (not alive) will be moved to the new alignment to form the base of the new sill. b. Length: 1.312' of offshore sill with 135' of baffled or overlapping naps: 42' of marsh toe revetment Width: 5" bottom width of offshore sills 4' bottom width of marsh toe revetment d. Maximum distance waterward of NHW or NWL: The landward edge of the offshore sill will be a maximum of 30' from NHW. The waterward edge of the marsh toe revetment will be no more than 6' from existing coastal marsh. f. (i) Has there been shoreline erosion during preceding 12 months? NYes []No ❑NA (ii) If yes, state amount of erosion and source of erosion amount information. Shoreline is eroding due to recent king tides and other storm events. Harvesting damaged the existing offshore sill, weakening it, and causing it to be severely damaged during the recent king tide events. As such, it is no longer protecting the shoreline. h. Type of fill material. QuickReefT" and mesh bags filled with recycled oyster shells. 4. OTHER FILL ACTIVITIES NThis section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ❑Yes ❑No ®NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW), If yes, submerged aquatic vegetation (SAV), shell bottom (SB), or u Amount of material to be laced in the water other wetlands (WL)? If any boxes are checked, provide the ("} p number of square feet affected. (iii) Dimensions of fill area ❑CW _ El SAV ❑SB (iv)Purposeoffill OWL ®None (ii) Describe the purpose of the fill in these areas: RECEIVED r Form 0CM MP-2 (Excavation and Fill, Page 3 of 3) 5. GENERAL a. How will excavated or till material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragline, controlled? backhoe, or hydraulic dredge)? All QuickReeflm units will be barged to site or brought in on trailers. Barge, crane, low-impaciflow ground pressure forklift No soil disturbance requiring erosion control is anticipated. G. (i) Will navigational aids be required as a result of the project? d ®Yes ❑No ❑NA (h) If yes, explain what type and how they will be implemented. The offshore sill will be marked with PVC poles and reflective tape extending T above MHW every 50' 01/24/2023 Date Ocean Club Living Shoreline Project Name The Ocean Club Master Assoc Applicant Name (1) Will wetlands be crossed in transporting equipment to project site? XYes ❑No ❑NA (4) If yes, explain steps that will be taken to avoid or minimize environmental impacts. If material needs to be stockpiled along the shore for the marsh toe revetment construction, plywood and/or logging mats will be placed over existing coastal marsh for the time required to travel across it to prevent deposition of fill and dissipate any impacts. No material will be set on existing coastal marsh for an extended period of time. for Native Shorelines, authorized agent Applican ignnat JAN 2 6 2023 252.808-2808 :, i-888-a1?COAST :; vvww.nceoa�s4almanaaernent,net revised: 12126106 Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: ❑Commercial ❑Public/Government ❑Private/Community c. (i) Dock(s) and/or pier(s) (ii) Number (iii) Length (iv) Width (v) Floating ❑Yes ❑No e. (i) Are Platforms included? ❑Yes ❑No If yes: (ii) Number (iii) Length (iv) Width (v) Floating ❑Yes ❑No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed (ii) Number of slips existing f. Check the proposed type of siting: ❑ Land cut and access channel ❑Open water; dredging for basin and/or channel [-]Open water: no dredging required ❑Other; please describe: k. Typical boat length: m. (i) Will the facility have tie pilings? (--]Yes ❑No (ii) If yes number of tie pilings? ® This section not applicable b. (i) Will the facility be open to the general public? [-]Yes [-]No d. (!)Are Finger Piers included? ❑Yes ❑No If yes: (ii) Number (iii) Length (iv) Width (v) Floating [)Yes ❑No f. (i) Are Boatlifts included? ❑Yes ❑No If yes: (ii) Number (iii) Length (iv) Width h. Check all the types of services to be provided. ❑ Full service, including travel Of and/or rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies ❑ Dockage ("wet slips") only, number of slips: ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). (i) Will the facility be open to the general public? []Yes ❑No L__ G �7)11,V.07—U )(_,W14AHD CITY 2. DOCKING FACILITY/MARINA OPERATIONS ®7his section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: ; Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. d. Haw will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of 'No Sewage Discharge" signs proposed. (ii) Give the location and number of "pumpout Available" signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum prod ucis. g. Where will residue from vessel maintenance be disposed of? h- Give the number of channel markers and "No Wake" signs proposed. i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? IAN ?liza m. Is the marina/docking facility proposed within a primary or secondary nursery area? ❑Yes ❑No n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? [-I Yes ❑No o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ❑None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes ❑No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) ®This section not applicable a. (i) Is the boathou se structu re(s): ❑Commercial ❑Public/Government ❑Private/Community (it) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g., wood, sheefpife, etc. If a rock groin, use MP-2, Excavation and Fill.) IN This section not applicable a. (i) Number (ii) Length (iii) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) El This section not applicable a. Length 1,447 LH b. Average distance from NHW, NWL, or wetlands 30 ft. from NHW or 5 ft. from existing coastal wetlands, whichever is farther c. Maximum distance beyond NHW, NWL or wetlands 30 ft. from NHW or 5 ft. from existing coastal wetlands, whichever is farther 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): b. Number ❑Commercial ❑Public/Government ❑Private/Community c. Distance to be placed beyond shoreline d. Description of buoy (color, inscription, size, anchor, etc.) Note: This should be measured from marsh edge, if present. e. Arc of the swing AN 2, 5 7-08 Forni 'i~GM MP-4 (Structures, Page 4 of 4) 7. GENERAL a. Proximity of structure($) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. The structure will abut adjacent riparian property lines. There are no docking facilities adjacent to the parcel. Note: For buoy or mooring piling, use arc of swing including length of vessel. G. Width of water body 2.3 miles e. (i) Wiii navigational aids be required as a result of the project? ®Yes ❑No ❑NA (ii) If yes, explain what type and how they will be implemented. The offshore sill will be marked with PVC poles and reflective tape extending 3' above MHW every 50' d. Water depth at waterward end of structure at NLW or NWL 15" 8. OTHER ❑ This section not applicable a. Give complete description: The planned structure is a living shoreline with a bottom dimension of approximately 5' and a center height of approximately 21". The structure will be built from QuickReef units with overlapping or baffled 5' a s approximately every 100 linear feet. 01 /24/2023 Date Ocean Club Living Shoreline Project Name The Ocean Club Master Assoc Applicant Name a S for Native Shorelines, authorized agent Applica Signature 'f :e7).s 252-808.2608 :: 1-888-4RCOAST ,: www,nccoastalmanagement._net revised: 12127,06 Pre -Filing Request Mary -Margaret McKinney Mon 7/25/2022 1:26 PM To: 401prefile@ncdenr.gov <401prefile@ncdenr.gov> Cc: John. Perry@ncdenr.gov <John.Perry@ncdenr.gov>;Lexia Weaver <lexiaw@nccoast.org>;Morgan Rudd <Morgan@nativeshorelines.com>;Kaysie Smith <Kaysie@ccmc-nc.com>;Andrea Phillips <Andrea@ccmc-nc.com>;Ken Fritz <kandmfritz@gmail.com>;Bob Semple <rwsemplel@gmail.com> 1 attachments (738 KB) Ocean Club CAMA Agent Authorization Ocean Club.pdf; This email is to fulfill the pre -filing meeting request requirement put in place on Thursday April 7, 2022 when the Environmental Protection Agency's `Clean Water Act Section 401 Certification Rule' (`Federal Rule') was reinstated to its previous version which originally became effective on September 11, 2022. In accordance with 40 C.F.R. Section 121.4(a) `At least 30 days prior to submitting a certification request, the project proponent shall request a pre -filing meeting with the certifying agency'. In accordance with 40 C.F. R section 121.5(b)(7), and (c)(5) all certification requests shall include documentation that a pre -filing meeting request was submitted to the certifying authority at least 30 days prior to submitting the certification request. Project Name: Ocean Club Condos Living Shoreline County: Carteret Applicant Name: Ocean Club Condos Owner Association Applicant Email: Kaysie Smith, Ocean Club Association Manager - kaysie@ccmc-nc.com Consultant: Native Shorelines (Div. of Restoration Systems) r,r-1kip Mary -Margaret McKinney, Director of Coastal Restoration mery-margaret@nativeshorelines.com 101 25 2 North Carolina Coastal Federation YJPA_MW Lexia Weaver, Coastal Scientist and Central Regional Manager lexiaw@nccoast.org Please let us know if there is any additional information that we need to provide at this time. A copy of Ocean Club's signed CAMA Agent Authorization form authorizing Native Shorelines (a Division of Restoration Systems, LLC) and the NC Coastal Federation to act as agents on their behalf is attached to this email as well. Respectfully, Mary -Margaret McKinney Mary -Margaret S McKinney, RIF Director of Coastal Restoration Restoration Systems, LLCINative Shorelines 252.333.9852 mary-margaret@nativeshorelines.com Linkedln: marymargaretmckinney www.nativeshorelines•com R rIl~WFD JAN 2 5 2023 Monday, August 29, 2022 at 08:24:21 Eastern Daylight Time Subject: Automatic reply: [External] Pre -Filing Request Date: Monday, July 25, 2022 at 13:29:06 Eastern Daylight Time From: 401PreFile To: Mary -Margaret McKinney This email confirms receipt of your pre -filing meeting request. Please retain this email for your records and submit this documentation as part of your 401 application (PCN Application) as required by federal law. DWR will not be able to accept your application without this federally required documentation. 401 applications received without documentation that a pre -filing meeting request was submitted at least 30 days prior will be returned as incomplete. Responses to this email are not monitored. Background On April 6, 2022, the United States Supreme Court issued an order staying a lower court's vacatur of the Trump Administration's 2020 "Clean Water Act Section 401 Certification Rule" ("Federal Rule"). As a result of the United States Supreme Court order, the Trump Administration's Federal Rule has sprung back into effect. The Trump Administration's Federal Rule imposes additional procedural requirements on applicants for 401 Certifications and on DWR's processing of those applications. One requirement is that 401 applicants must request a pre -filing meeting request at least 30 days prior to submitting their 401 application. [40 G.F.R. §121.41 In turn, the Federal Rule requires that applicants include documentation of their pre -filing meeting request in their 401 Certification application. [40 C.F.R §121.1; 40 C.F.R. §121.5]. Please refer to the Federal Rule for more information. Per 40 CFR §121 and §121.5, a 401 Certification application that does not include the required pre - filing meeting request documentation does not constitute a "certification request:' As a result of the reinstatement of the Trump Administration's Federal Rule, all 401 applications received after April 6, 2022 that do not have documentation that a pre -filing meeting request was submitted at least 30 days prior to submittal of a 401 Certification application will be returned as incomplete. If you need to contact 401/Buffer Permitting Staff, please use the following link(s) to access of staff contact Iist(s). For Non -Transportation Central Staff: hops://deq.nc.gov/about/divisions/water-resources/ aw ter-quality_permitting-401-buffer- p r itting/401-buffer=per itting-contacts For Non -Transportation Regional Staff: httRS://edocs.deq.nc.ggy/Water esource /DocView.aspn? dbid=0&id=2162034&cr=1 For all Transportation Projects Including NCDOT Projects: httpa;//deq.nc.ggv/about/ divisions/ws-rmr ater-resources/water-resourcemits/transportation- permitti ng/staff-contacts AN 2 � Wii Page 1 of 1 Proposed Living Shoreline 1700 Salter Path Rd Salter Path, NC Date Prepared: 01/24/2023 Mapping Source: Google Earth 07105/22 & NO OneMap 09108/2022 Figure 1 Location Map Applicant(s) The Ocean Club Master Association PO Box 4455 Emerald Isle, NC 28594 NA-ri E SHORELINES A Div of Restoration Systems, LLC 1101 S Haynes St, Suite 211 Raleigh, NO 27504 919.756.9490 www.NativeShorelines.com JAN 00+1i�l�lli°�'� LPL g Ln L i. '{I , i OCT BWI0+44o ML6915 - - x Y r s •; : ;ice �'"�e� #��� � e , W N aq LU � R , f'f "-s qj ,�+1 %. _ *Q , I fli -Eli Ll d � �.• 1 r` 2 m aaa 8 oc$m m �' m c g -o o U m h- m m N c m o Dom �ofrn U I�ia M N �P1ZC c '-U) mm E N Co❑ O v o EMOB t o c y m mN c$ O d N m r m 'z O 0- 1- ,1 Fcw <n O� @ 0 W z IAN 2i�z3 X'414,W►ii io 0 -Y Proposed Living Shoreline 1700 Satter Path Rd Salter Path, NC Date Prepared: 01/24/23 Photos Taken: 04/19/22 Figure 3 Existing Conditions Photographs Applicant(s) The Ocean Club Master Association PO Box 4455 Emerald Isle, NC 28594 NAiri E SHORELINES A Div of Restoration Systems, LLC 1101 S Haynes St, Suite 211 Raleigh, NC 27504 919.755.9490 www.NativeShorelines.com IJ •JAN 2 5 Z023 DCM-1viiii) '-llY AC 9 I I I � o i �um T I V I mZ N 1 �I pn m oc � � x I wm V I I �cm I I mZ I I n� i t �W Z II I n i t Y I I Z I I o I l o !X mil n I l !XI I �" to I � 1 Ionit V o z o I � OZ on I Im Uo a II o —1I i init r C N� I I K „o III W n V �K l l z I I ➢ IM n N L I I I Z F I m I In ` I d I V I li I 50 m m zm W T, e m 11 oz m X m � X N N y Z ➢ b I m M1 � 2 5 m 3. ➢ fl o N � O I t � I I t I a 1 I HAlIV86XBAElWFb i `5 y !'! g �. q� �! BNOFPEEtllINFNM SYSF8M8BG 11011 HAYN®81.SJ�EYIF C �' S4 w yp�+ �HLYA'Eief-ian OCEAN CLUB LIVING SHORELINE CAMA PERMITTING PROFILES JAN 2 5 20 o6m-1 koi di i y Nu BATE pEB RB 10N By ARM1] NOT FOR CONSTRUCTION .-N: FlTc DR etc CNK APw: DAM