HomeMy WebLinkAbout20120288 Ver 6_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.
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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.
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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.
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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
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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