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HomeMy WebLinkAbout20120288 Ver 5_BHI 2023 JBS Bio. 91-14 Major Mod. Corrected_20231016ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director Mr. Greg Finch Davey Resource Group 3805 Wrightsville Avenue, Suite 15 Wilmington, NC 28403 Dear Mr. Finch: NORTH CAROLINA Environmental Quality October 5, 2023 (Revised 10/16/23) The Division of Coastal Management hereby acknowledges receipt of your application, acting as agent for the Village of Bald Head Island, for State approval of a Major Modification to State Permit No. 91-14 authorizing use of Jay Bird Shoals as a borrow site located adjacent to the Atlantic Ocean and the Cape Fear River, Brunswick County. It was received as complete on 10/4/23 and appears to be adequate for processing at this time. The projected deadline for making a decision is 12/18/23. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from 10/4/23 you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the applicant and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post copies of this notice at a conspicuous point along the project area where it can be observed by the public. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, Heather Coats Beach & Inlet Management Project Coordinator cc: MHC Files, DCM Chris McCall, VBHI Emily Hughes, COE Michael Mellinger, DWR D � North Carolina Department of Environmental Quality I Division of Coastal Management NOATM caaouNn _ Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910,796.7215 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Village of BHI PROJECT NAME: Jay Bird Shoals Beach Nourishment Project- Maj Mod 91-14 2. LOCATION OF PROJECT SITE: Project site includes an approximately 72.8 acre proposed borrow area on the northern side of the historically used Jay Bird Shoals borrow area and approximately 12,936 linear feet of beachfront fill area along South Beach adjacent to the Atlantic Ocean and the Cape Fear River, on Bald Head Island, Brunswick County. Approximate Coordinates: Start: Lat: 33151.89'N/ 33150.95'N Long: 7810.57'W/ 77158.75'W End: Lat: 33151.18'N/ 33150.57'N Long: 77159.46'W/ 77157.63'W 3. INVESTIGATION TYPE: CAMA/ Dredge & Fill 4. INVESTIGATIVE PROCEDURE: Date of Scoping Meeting — 6/21/23 5. PROCESSING PROCEDURE: Application Received — 8/4/23 Complete- 10/4/23 Office — Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan — Village of Bald Head Island Land Classification From LUP — Disposal Area Only- Conservation (B) AEC(s) Involved: SPIMA (OH), PT, EW (C) Water Dependent: Yes (D) Intended Use: Public (E) Wastewater Treatment: Existing — N/A Planned - N/A (F) Type of Structures: Existing — N/A Planned - N/A (G) Estimated Rate of Erosion: 0'-15.2' per year Source- 2019 LTAAER Update 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED (A) Open Water (Below Mean Low Water) 72.8 acres Jay Bird Shoals (B) Oceanfront Beach above MHW —29 acres Beach Profile below MHW —119 acres (D) Total Area Disturbed: —148 acres (Beach fill)/72.8 acres (Excavation) (E) Primary Nursery Area: No (F) Water Classification: SB Open: No 8. PROJECT SUMMARY: The applicant is proposing a Major Modification of State Permit No. 91- 14 for beach renourishment on South Beach and the use of Jay Bird Shoals as the borrow area. ��R- C""' North Carolina Department of Environmental Quality I Division of Coastal Management NOAn Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 no'a 'MVF.e nmgi1 o"'r 910,796.7215 Village of Bald Head Island Major Modification to State Permit No. 91-14 Page Two 9. PROJECT DESCRIPTION Bald Head Island is part of an island group known as Smith Island, located east of the confluence of the Cape Fear River and Atlantic Ocean between Oak Island/Caswell Beach in Brunswick County and Ft. Fisher to the north in New Hanover County. The island is accessed by private boat or a private ferry service from Southport. The project's proposed borrow area is located along the northern side of Jay Bird Shoals located southwest of Bald Head Island. The proposed area encompasses approximately 72.8 acres and is located immediately north and adjacent to their previously used Jay Bird Shoals borrow area. The project's proposed disposal area consists of two locations at opposite ends of South Beach. The western location extends from Station 52+64 near the point at the west end of South Beach to Station 122+00 and the eastern location extends from Station 162+00 to Station 222+00 just east of the Shoals Club (see Sheets 2-4 of 9). Both areas are located within the Ocean Hazard Area of Environmental Concern (AEC) and specifically within the State Port Inlet Management Area. The annual erosion rate for the project area ranges from 0 — 15.2'/year per the Division of Coastal Management's 2019 Long Term Average Annual Erosion Rate update study. Within the two proposed nourishment areas, erosion rates generally increase in a west to east direction within the two disposal areas, with the highest erosion rate at the intersection of South Beach and East Beach (Station 222+00). The disposal portion of the project predominantly falls within the USACE Wilmington Harbor Sand Management Plan project area, which authorizes the placement of material excavated from the federal navigation channel on South Beach at Years 2 and 4 of a 6-year cycle, although it appears the limits of the currently proposed project extend marginally east of the historically placed limits of the federal project. South Beach last received sand under the federal project this past winter (2022-23), although disposal did not extend to the easternmost extent of South Beach. The nourishment event that occurred under this permit (#91-14) took place in the winter of 2018-19 with Jay Bird Shoals as the borrow area. Beach placement for that event did not extend east of Station 146+00. State Permit #91-14 was issued to the Village of Bald Head Island on October 21, 2014 for construction of a terminal groin structure and associated sand fillet. Phase I of the terminal groin (a 1100 ft. long section) was constructed at "The Point" in 2015. State Permits #9-95 & #67-09, both issued to the Village of Bald Head Island, also historically authorized nourishment of South Beach prior to the issuance of Permit #91-14. The table below shows historical placements locations and volumes, sourced from the most recent annual monitoring report: D EQ0 Nrth Carolina Department of Environmental Quality I Division of Coastal Management NOAn cv o Nn Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 neaab em V Fn" ^^ W ovan� 910,796.7215 Village of Bald Head Island Major Modification to State Permit No. 91-14 Page Three Year Volume Sponsor Location 1991 0.35 ± Mcy VBHI (Sta. 24+00 to 138+00) 1996 0.65 ± Mcy VBHI (Sta. 24+00 to 142+00) 1997 0.45 ± Mcy VBHI (Sta. 24+00 to 128+00) 2001 1.849 ± Mcy USAGE* South Beach (Sta. 41+60 to 205+50) 2005 1.217 ± Mcy USACE* South Beach (Sta. 46+00 to 126+00) 2006 47,800 cy VBHI West Beach (Sta. 16+00 to 34+00) 2007 0.9785 Mcy USACE* South Beach (Sta. 46+00 to 174+00) 2009/10 1.850 Mcy VBHI West Beach (Sta. 8+00 to 32+00) South Beach (Sta. 40+00 to 190+00) 2012 137,990 cy FEMA/VBHI West Beach & Western South Beach 2013 1.566± Mcy USACE* South Beach (Sta. 44+00 to 150+00) 92,500 cy West Beach (Sta. 8+00 to 27+00) 2015 1.33 ± Mcy USACE* South Beach (Sta. 41+50 to 154+00) 2016/17 50,000 cy VBHI West Beach and Row Boat Row 2018/19 1.1 Mcy VBHI South Beach (Sta. 49+00 to Sta. 146+00) 2021 1.61 Mcy USACE South Beach (Sta. 60+00 to Sta. 212+00) 2023 1.3 Mcy USACE South Beach (Sta. 60+00 to Sta. 165+00) Beach disposal or sand placement activities at Bald Head Island since 1991. * Disposal pursuant to the WHSMP. Dredge volume estimate (pre -losses). The waters of the Atlantic Ocean contiguous with this portion of the Cape Fear River are classified as SB by the North Carolina Division of Water Resources. The waters are not designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries. They are CLOSED to the harvesting of shellfish. PROPOSED PROJECT: The applicant is proposing a Major Modification of State Permit No. 91-14 for the use of Jay Bird Shoals as a borrow site, with associated beach nourishment at the two opposite ends of South Beach, Bald Head Island. The application continues to state that the permitted terminal groin, sand tube groins and periodic nourishment events through the U.S. Army Corps of Engineers' Wilmington Harbor project are not sufficient alone to mitigate erosion on South Beach. A Major Modification application request was previously submitted requesting use of Frying Pan Shoals, however significant concerns were raised by resource agencies regarding the use of Frying Pan Shoals, which has led to the applicant's reevaluation of sand sources and the currently proposed expansion of Jay Bird Shoals. ��R- C"', North Carolina Department of Environmental Quality I Division of Coastal Management NOAn Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 no.a 'MVF.e nmgi1 o"'r 910,796.7215 Village of Bald Head Island Major Modification to State Permit No. 91-14 Page Four The expanded Jay Bird Shoals proposed sand source is located immediately to the north of the previously used borrow area (see Sheets 1, and 6- 9). According to multiple Vibracores analyzed for sand quality (see Appendix D- 2022 Geotechnical Investigation Jay Bird Shoals Borrow Area Expansion), the applicant has determined that composite samples from the borrow site contain 96.2% average sand content by weight, a composite average of 2.6% fines, 0.4% granular sized material and 0.5% gravel (see the Oct 2022 "Jay Bird Shoals Borrow Site Expansion Investigation" by Olsen Associates, Inc. and Narrative). Erik Olsen with Olsen Associates, Inc. has certified the sediment is compatible with the native beach and meets the technical standards for beach fill projects described in 15A NCAC 07H .0312. The application states that excavation would be conducted to a maximum depth of -22 ft. NGVD29 with an addition +2 ft. overdepth proposed (see Sheet 8 of 9) utilizing a 24"-30" cutter suction dredge. A submerged pipeline would provide disposal on the South Beach shoreline. According to the applicant, existing water depths of the overall borrow area range from approximately -5 to -16 NGVD29 (See Sheets 8-9). Hydrographic surveys and a submerged cultural resource remote -sensing survey resulted in the identification and proposal of a single buffer area immediately outside the proposed sand source to be avoided (see Sheets 7 and 9 of 9 and Appendix C- T.A.R. Archeological Report). The narrative states physical monitoring of the proposed excavation area would be conducted by the Village of Bald Head Island immediately after construction, and annually for three years, then biannually after the third year. Monitoring would include the entire borrow site and a 500' buffer outside the borrow area. The applicant states that monitoring data would be utilized to calculate deposition rates or "recharge" of the site as part of the existing BHI comprehensive Shoreline Monitoring Program, which is reported annually. (Copies of past reports are available upon request.) The proposed limits of the beach fill template would extend from Station 52+64 to Station 122+00 on the west side of South Beach and from Station 162+00 to 222+00 at the eastern side of South Beach. The applicant states that the beach construction berm would conform to the previously authorized maximum berm elevation of +9' NGVD29. The beach profile would result in a total approximate average fill width of 450' along the length of the two placement areas along the western and eastern ends of South Beach, and a total combined shoreline length of 12,936'. The placement template would be constructed at a 15H:IV slope (see Sheets 3-5 of 9) with an average berm width of approximately 150'. According to the applicant, an estimated 119 acres of fill (-800,000 cubic yards) would be placed below mean high water. The proposed beach fill project would excavate up to 1 million cubic yards of material. It is estimated that the identified Jay Bird Shoals Site has a maximum compatible volume of 1.4 million cubic yards of material available within the proposed dredge template. The application states work would be conducted from Nov 16 to April 1. Physical monitoring of the borrow area would take place for 3 years post -construction and biennially after the 3 year time period to calculate infilling rates. ��R_ North Carolina Department of Environmental Quality I Division of Coastal Management NOAn cWilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 no.a 'MVF.e nmgi1 o"'r 910,796.7215 Village of Bald Head Island Major Modification to State Permit No. 91-14 Page Five 10. ANTICIPATED IMPACTS: The proposed excavation of the Jay Bird Shoals Borrow site could result in the excavation of up to 72.8 acres of Public Trust Area and Estuarine Waters. The subsequent beach disposal would result in the filling of approximately 29 acres of unvegetated beach above MHW and approximately 119 acres of area below MHW. Increases in turbidity should be expected during construction. The applicant has stated that standard conservation measures would be applied, as outlined in Section 3.1.4 of the narrative (Avoidance and Minimization Measures). The application states that no vegetative plantings are proposed with the project and the Village of Bald Head Island will be responsible for any site revegetation or stabilization that is deemed necessary by resource agencies in a separate contract. The application also states visual surveys of escarpments and remediation would be conducted prior to turtle nesting season and that work would occur during the winter months to reduce biological impacts; however, a November 16- April 1 window has been proposed in the application. Submitted by: Heather Coats Date: October 5, 2023 (Rev: 10/16/23) Office: Wilmington ��R- C""' North Carolina Department of Environmental Quality I Division of Coastal Management NOAn Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 no'a 'MVF.e nmgi1 o"'r 910,796.7215