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HomeMy WebLinkAbout20120288 Ver 2_CAMA Application_201706131 16 Coastal Management ENVIRONMENTAL QUALITY June 7, 2017 TO: Karen Higgins 401 & Buffer Permitting Unit DWR/Water Quality Permitting ROY COOPER Governor MICHAEL S. REGAN Secretary FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(a)ncdenr.gov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA/Dredge & Fill Application Review Applicant: The Village of Bald Head Island (MM91-14) �N DAVIS Director Project Location: a borrow area within Frying Pan Shoals Formation, and at South Beach, adjacent to the Atlantic Ocean, and at West Beach adjacent to the Cape Fear River, on Bald Head Island, Brunswick County Proposed Project: to use Frying Pan Shoals as a long-term beach maintenance borrow site and to expand the existing Federal disposal templates on West and South Beaches Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by July 1, 2017. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 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" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATED State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Village of BHI PROJECT NAME: Frying Pan Shoals Beach Nourishment Project 2. LOCATION OF PROJECT SITE: Project site includes an approximately 460 acre proposed borrow area with a 22.5 acre fairway within the Frying Pan Shoals formation and approximately 21,800 linear feet of beachfront area along South Beach adjacent to the Atlantic Ocean and West Beach, adjacent to the Cape Fear River, on Bald Head Island, Brunswick County. Photo Index - West and South Beach Nourishment Area: 2006: 11-6178 2000: 11-104 Frying Pan Shoals Borrow Site: See Sheet 7 of 9 with attachment for coordinates. West and South Beach Nourishment Area: Lat: 33° 52' 05.1385" N Long: 78° 00' 49.1098" 3. INVESTIGATION TYPE: CAMA/ Dredge & Fill 4. INVESTIGATIVE PROCEDURE: Date of Scoping Meeting — November 13, 2016 5. PROCESSING PROCEDURE: Application Received —1/25/17 Complete- 5/26/17 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: OEA, 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: 8' per year Source- 2011 LTAASCR Update 7. HABITAT DESCRIPTION: [AREA] DREDGED F I D (A) (Open Water) 472 acres Frying Pan Shoals 20,560,320 sq. ft. (B) Oceanfront Beach above N14W 5 acres (218,000 sq. ft.) Beach Profile below NHW 30a cres (1,306,800 sq. ft.) (D) Total Area Disturbed: 507 acres (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 the use of Frying Pan Shoals as a long-term beach maintenance borrow site and to expand the existing Federal disposal templates on West Beach and South Beach on Bald Head Island. Village of Bald Head Island Major Modification to State Permit No. 91-14 Frying Pan Shoals Beach Nourishment Project Page Two 9. PROJECT DESCRIPTION Bald Head Island is part of an island group known as Smith Island, located at the confluence of the Cape Fear River and Atlantic Ocean between Fort Fisher and Oak Island/Caswell Beach in Brunswick County. The island is accessed by private boat or a private ferry service from Southport. This project borrow area is along the western side of Frying Pan Shoals located approximately 1 mile southeast of the area between South Beach and West Beach on Bald Head Island known as "The Point", and encompasses approximately 460 acres. The project borrow site is bordered by the Atlantic Ocean and the disposal areas are bordered by the Atlantic Ocean to the south and east, the Cape Fear River to the west and residential properties to the north. The project areas on South Beach and West Beach are located within the Ocean Erodible Area of Environmental Concern (AEC). The annual erosion rate for the project area is 8'/year per the Division of Coastal Management's 2011 Annual Erosion Rate maps. A portion of West Beach north of the constructed terminal groin (along West Beach) has a 2'/year erosion rate. The Coastal Resources Commission established this erosion rate in 2009 by Declaratory Ruling. The South Beach portion of the project falls within the USACE Wilmington Harbor Sand Management Plan project, 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. South Beach last received sand under the federal project in the winter of 2014/2015. A short stretch of West Beach was also included in the last two disposal events. West Beach was also previously nourished in 2006 under State Permit #62-05, issued to the Village of Bald Head Island on April 28, 2005 (Federal Permit No. 198000291). State Permit 462-05 authorized the excavation of approximately 40,000 cubic yards of material from Bald Head Creek, which was then deposited on West Beach. State Permit #139-10 authorized the dredging of approximately 140,000 cubic yards of additional material from the mouth of Bald Head Creek, which was placed on both West & South Beaches in 2012. State Permit #9-95, issued to the Village of Bald Head Island, authorized nourishment of a portion of South Beach. A minor modification of the permit was granted on July 7, 1995 by means of a CRC variance, for installation of the sand groin field on South Beach (Federal Permit #199404687). A minor modification of State Permit #9-95 was also issued by CRC variance for the construction of a 300 -linear foot sandbag revetment west of Groin #16 and extending towards "The Point" on August 8, 2011. State Permit #67-09 was issued to the Village of Bald Head Island for the dredging of approximately 1.86 million cubic yards of sand from Jay Bird Shoals for the renourishment of South and West Beaches. Work under this permit was performed in 2010. This proposal has been submitted as a major modification to State Permit No. 91-14, which was issued to the Village of Bald Head Island on October 21, 2014 for construction of a terminal groin structure and associated sand fillet. This permit is due to expire on December 31, 2017. Phase I of the terminal groin (1100 ft. long section) was constructed at "The Point" in 2015 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 Village of Bald Head Island Major Modification to State Permit No. 91-14 Frying Pan Shoals Beach Nourishment Project Page Three 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 Frying Pan Shoals as a long-term beach maintenance borrow site and to expand the existing disposal templates on West Beach and South Beach on Bald Head Island. The application states that the permitted terminal groin, sand tube groin and periodic nourishment events through the Wilmington Harbor and Town nourishment project are not sufficient to mitigate erosion on South Beach or West Beach. While the Environmental Impact Statement (EIS) identified Frying Pan Shoals as a potential long-term sand source for these areas it identified Jay Bird Shoals and the mouth of Bald Head Creek as preferred borrow areas. Concerns were expressed by agencies relative to the use of Frying Pan Shoals during review. In the original application for the terminal groin project the applicant had stated that the preferred sand source for fillet creation was the remaining portion of the Jay Bird Shoals borrow site authorized by State Permit 67-09. The preferred sand source the Village identified for any needed mitigation on West Beach was the remainder of the Bald Head Creek mouth borrow site, as authorized under State Permit 139-10. The three segments of the federal inner -ocean entrance channel near Bald Head Island have also been identified as a potential sand source. A discussion of alternate sand source sites, dated received on April 3, 2017, has been submitted with this project (see Application Attachments). According to the applicant, Frying Pan Shoals contains an approximately 460 acre sand source on the western portion of the shoal located approximately 1 mile seaward of the southeastern shoreline of Bald Head Island (see Sheets 1,4,5 and 6 of 6). According to multiple Vibracores analyzed for sand quality (see Figure 1 of Attachment A), the applicant has determined that composite samples from the borrow site taken to a maximum depth of - 25 ft. at MLW contain 92.09% mean sand content and an average of 2% fines (see Sand Search Investigation and Narrative). DCM determined that the sampling performed did not meet the technical standards for beach fill projects described in 15A NCAC 07H .0312. Spacing requirements were not met and some samples were not taken to the proposed excavation depth. On March 6, 2017 a request for additional information was sent to the applicant including a request for additional sampling. Mr. Erik Olsen stated that for the Frying Pan Shoals Sand Search reliance was made on the geotechnical findings of the Jay Bird Shoals borrow site, as well as a site specific sub -bottom survey and other cores acquired by the Wilmington District, USACOE in 2009. He further states that these efforts provide excellent secondary references for the determination of both the depth and the nature of high quality sediment associated with a future borrow site at the location proposed (see Response to Request for Additional Information and Attachment dated received March 28, 2017). In late May 2017 it came to the attention of DCM that the Regulatory Reform Act of 2016-2017 was passed by the General Assembly and signed into law by the Governor as Session Law 2017-10. The law includes language that exempts NC's cape Village of Bald Head Island Major Modification to State Permit No. 91-14 Frying Pan Shoals Beach Nourishment Project Page Four shoals, including Frying Pan Shoals from the technical standards of beach fill projects. On May 24, 2017 DCM sent an email to determine if the applicant intended to submit any additional information to support the application. In a response from the applicant they stated that the Sand Search Investigation characterizes the nature and quality of the material contained within the proposed borrow site and therefor would not be submitting additional sampling information to DCM (see Attachment A). The applicant has responded to the USACE's additional information request, and no further sediment sampling is proposed. The application states that the proposed borrow site would provide 8.5 Million cubic yards of compatible material if excavated to a depth of -25 ft. NAVD88 and 5.2 Million cubic yards of material if excavated to a depth of -20 ft. NAVD88. The narrative includes characteristics of the borrow site as a potential sand source due to numerous factors including accessibility, presence of high quality beach compatible sediment, ability to avoid cultural resources and a statement that the area is highly dynamic and highly depositional (see Sand Search Investigation and Narrative). A discussion on Borrow Site Recovery for Frying Pan Shoals is included in the Narrative (see Narrative). The application states that excavation would be conducted to a maximum depth of -21 ft. NAVD88 with -2 ft. overdepth (see Sheet 8 of 9) utilizing a 27"-30" cutter suction dredge. A submerged pipeline would provide disposal on the South and West Beach shorelines. According to the applicant, existing water depths within the fairway range from -15 to — 21 NAVD88 and existing water depths on the overall borrow area range from -15 to -5 NAVD88 (See Sheet 8 of 9). Hydrographic surveys and marine cultural resource investigation have identified a buffer exclusion area within the proposed sand source footprint measuring approximately 9.7 acres that would be avoided (see Narrative and Sheets 7 and 9 of 9). An additional "fairway" within the western portion of the proposed excavation area, not to exceed 400 ft. in width or 22.5 acres, is proposed for construction if deemed necessary by the dredge contractor (see Narrative and Sheets 5-7 of 9). A review of the Sand Search Investigation has determined that VIBRACORE data for this area was not included in the Sand Search Investigation Report. According to Mr. Olsen, the spatial extent of the VIBRACORES acquired was physically limited by operational and safety considerations. The Narrative states that any beach compatible material excavated from the proposed "fairway" would be placed on South and/or West Beach. Physical monitoring of the entire proposed disposal site and the proposed excavation area would be conducted by the Village of Bald Head Island annually for three years and biannually after each specific dredging event. 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. According to the applicant, the proposed limits of the beach fill template is an expansion from the Federal template, which has been the recipient of multiple projects associated with the Wilmington Harbor navigation project (beginning in 2000). The proposed limits of beach fill expand the previous template from Station 0+00 to Station 8+00 on West Beach to and from Station 134 +00 to Station Village of Bald Head Island Major Modification to State Permit No. 91-14 Frying Pan Shoals Beach Nourishment Project Page Five 218+00 on South Beach, with a potential taper past Station 218+00 The applicant states that the beach construction berm will maintain an 8ft. elevation in order to be consistent with prior USACE disposal events. The beach profile would have an average width of 100 linear ft. over the length of the entire 21,800 ft. disposal template area and would include a mild slope on the oceanward edge (see MP -2 and Sheet 2 and 3 of 9). The application states that the Village of Bald Head Island will be responsible for any site revegetation or stabilization that is deemed necessary by Resource Agencies. Post - construction tilling would be conducted as deemed necessary by Resource Agencies after each fill event. According to the applicant, a maximum of 1,306,800 sq. ft. of fill would be placed below mean high water in an area measuring approximately 30 acres. The proposed beach fill project would have an excavated volume of up to 1.87 million cubic yards of material placed for the current proposed event. According to the applicant, the Frying Pan Shoal Site has a maximum compatible volume of 8.5 million cubic yards of material available for long-term use. Surveying commitments and mitigation thresholds have been described in the Inlet Management Plan submitted as part of the application package (see attached plan for details). A draft EIS has been reviewed by the US Army Corps of Engineers (USACE) and commenting agencies. The final EIS has not yet been released by the USACE. 10. ANTICIPATED IMPACTS: The proposed excavation of the Frying Pan Shoals Borrow site could result in the excavation of approximately 20,560,320 sq. ft. of Public Trust Area and Estuarine Waters. The subsequent beach disposal would result in the filling of approximately 218,000 sq. ft. of unvegetated beach above MHW and approximately 1,306,800 sq. ft. of area below MHW. The proposed borrow area and associated "fairway" contains the potential for excavation of up to 472 acres of Public Trust Area and Estuarine Waters. Minor increases in turbidity should be expected during construction. Submitted by: Tara MacPherson Date: June 7, 2017 Office: Wilmington Frying Pan Shoals Beach Nourishment Project Bald Head Island, North Carolina Applicant: Village of Bald Head Island Project Narrative: I. Introduction The south -facing shoreline of Bald Head Island (i.e. South Beach) experiences on-going and chronic erosion resulting in predictable sand losses and shoreline recession. Severe erosion has been chronicled along South Beach (particularly its western reach) since the 1970s. Under the most recent detailed physical monitoring, Olsen Associates, Inc. (2016) reported that the Island's gross volumetric loss (excluding East Beach) over the November 2000 to May 2016 timeframe was approximately 5.733 Mcy (corresponding to an average annualized loss of 371,700 cy). The highest rates of sand loss have occurred principally at the extreme west end of South Beach in the vicinity of the Cape Fear River entrance. This prompted the Village of Bald Head Island (Village) to procure authorizations for, and subsequently construct, a 1,300 -If terminal groin at this location. Construction of the terminal groin structure was completed in December 2015. While the terminal groin addresses chronic shoreline losses along western South Beach, it has been documented that the terminal groin and existing sand tube groin field are not sufficient, in and of themselves, to prevent or to adequately offset sand losses from South Beach or West Beach. As a result, periodic nourishment through both the federally -sponsored Wilmington Harbor dredge and disposal project and Village -sponsored engineered beach projects are required to mitigate erosion along the entirety of South Beach and West Beach. The threat to existing homes, dunes and infrastructure as a result of the erosion and shoreline recession has prompted the Village to seek longer term beach nourishment options. Predicted sand volume needs for South Beach and West Beach were identified in the terminal groin EIS (for both the terminal groin alternative and non-structural alternatives). Frying Pan Shoals was identified at that time as a long term sand source with the potential to satisfy the sand volume requirements for South Beach and West Beach in the future. CAMA Permit 91-14 Major Modification, Project Narrative, December 2016 (updated March 2017) Frying Pan Shoals Beach Nourishment Project, Village of Bald Head Island 1 II. Existing Conditions Bald Head Island is a 3 -mile long south -facing barrier island located immediately eastward of the mouth of the Cape Fear River at 33.85°N, 77.9889°W (NAD27). The island forms the southern terminus of the Smith Island complex at Cape Fear Point from which Frying Pan Shoals extend over thirty miles southeastward into the Atlantic Ocean. Bald Head Island's east and south shorelines (East Beach and South Beach, respectively) front the Atlantic Ocean. The western shoreline (a.k.a. West Beach) is located immediately adjacent to, and fronts, the Cape Fear River entrance. The north side of the island is bounded by the Bald Head Creek estuary. The remainder of Smith Island is composed of interior tidal creeks (including Cape Creek and Deep Creek), associated tidal marsh, Middle Island, and Bluff Island. The mouth of the Cape Fear River (over one mile in width) separates Bald Head Island from the eastern end of Oak Island (or Caswell Beach). Frying Pan Shoals is a submerged extension of a large-scale cuspate foreland (i.e. accretional feature formed by processes of longshore drift and prevailing wind and wave conditions). The shoals extend over thirty miles offshore from the eastern end of Bald Head Island. Evaluations conducted by the USACE as part of the General Reevaluation Report (GRR) for the Brunswick County Beaches Coastal Storm Damage Reduction Project indicate the presence of substantial volumes of "beach -compatible" material within Frying Pan Shoals. Olsen Associates, Inc. (OA) has identified a viable sand source (i.e. borrow site) along the west side of the shoal approximately 1 mile seaward of the southeastern shoreline of Bald Head Island (Olsen Associates, Inc. 2016). As part of that sand search investigation, Geodynamics performed a hydrographic survey of the area of interest (since NOAA charts are highly inaccurate in this dynamic area). Similarly, Tidewater Atlantic Research, Inc. (TAR) performed two (2) phases of marine cultural resource investigation to discern the location of potential wrecks. The Phase II investigation identified one small buffer area mapped around one cluster of magnetic anomalies recommended to be avoided (TAR 2016). Accordingly, the project design has delineated a 9.73 A Exclusion Zone within the borrow site based upon the T.A.R. findings. Athena Technologies was retained to obtain multiple VIBRACORES within the proposed area of interest. Those cores have been logged and analyzed for sand quality. OA subsequently completed a summary report of the Sand Search Investigation (Olsen Associates 2016). According to this report, the CAMA Permit 91-14 Major Modification, Project Narrative, December 2016 (updated March 20171 Frying Pan Shoals Beach Nourishment Project, Village of Bald Head Island 's 7 grand mean sand content for composite samples from the proposed borrow site was 92.09%, and the percent fines measured over depth (to -25 ft MLW) was low (2% on average). It can be reasonably expected based upon these results and the findings of other geotechnical investigations in similarly occurring, nearby shoal features that depositional sediments above a certain elevation within the defined borrow area will be of beach quality. The continuity of the predicted horizon of sands above either clay or silty sands is highly predictable at this location (Olsen Associates 2016). The permit request will seek authorization to dredge above that horizon. III. Proposed Work In order to plan for and address expected sediment deficits over the next several decades, the Village of Bald Head Island has identified an approximate 460 -acre sand source site for the acquisition of beach -compatible material suitable for placement along the South and West Beach shorelines. The volume of sand placed for such a project should be sufficient to both address expected sediment losses between federal disposal events, as well as ensure adequate improved beach widths along the entirety of the South Beach shorefront. The proposed borrow source to be permitted is located on the western portion of the Frying Pan Shoals formation approximately 1 mile off the southeast shoreline of Bald Head Island. Sediment identified within the Frying Pan Shoals borrow site will be excavated by cutter suction dredge and pumped by submerged pipeline to the South Beach and West Beach shorelines. Assuming a neat sand volume to -20 ft NAVD88, the identified borrow site could theoretically yield up to 5.2 Mcy. To an elevation of -25 ft NAVD88, the neat sand volume is estimated to be 8.5 Mcy. It is anticipated that these tentative maximum volumes would be reduced by the inability of any dredge operation to effectively excavate all sediment within a defined contract borrow site. There will also be a small percentage loss of sediment during excavation and placement operations. Within the borrow area there is included a 9.73 A Exclusion Zone intended to avoid impact to potential cultural resources. The proposed limits of beach fill are from Station 0+00 on West Beach to Station 218+00 on eastern South Beach (see Sheet 2 of 9). The beach fill berm will maintain an approximate average elevation of +8 ft. NGVD which is consistent with prior beach disposal berms constructed by the Wilmington District USACOE since 2001. A mild slope in the seaward direction will be introduced into the berm (by grading) to reduce post -placement scarping and enhance post -construction turtle nesting activities. Should dune erosion or benching be evident at the time of construction, up to 5 cy of sand per ft. of shorefront would be mechanically moved and graded to repair the duneline. Any revegetation CAMA Permit 91-14 Major Modification, Project Narrative, December 2016 (updated March 2017) Frying Pan Shoals Beach Nourishment Project, Village of Bald Head Island necessary for dune stabilization would be performed by the Village under separate contract subsequent to fill placement completion by the dredge contractor. Post -construction beach tilling will be performed based upon consultation with Resource Agencies after each future fill event. It can be reliably assumed that a 27"-30" cutter suction dredge (Ocean Certified) will be utilized to excavate material from the permitted site. Draft considerations for such plant argue for the inclusion of an excavated access fairway between the -20 ft contour and the westernmost boundary of the borrow site. The creation of an optional fairway will be at the discretion of the dredge contractor. Any material to be removed from a fairway (if constructed) is beach compatible and would be placed within the shorefront beach fill site. The effective width of the fairway would not exceed 400 ft. Its maximum effective area would be 22.5 acres, or less. Borrow Site Recovery The selection of the proposed Bald Head Island borrow site capitalized on the findings of hydrographic surveys, geotechnical investigations, and two phases of cultural resource investigation. Of specific interest in the development of the borrow site were the following characteristics: • reasonable accessibility to Bald Head Island; • documented strata of high quality beach compatible sediment suitable for meeting both State Standards and post -placement performance criteria acceptable to the Engineer and the project Sponsor; • desirable constructability characteristics for purposes of sand excavation and beach fill construction by an ocean -certified cutter suction dredge; • avoidance of cultural resources necessary for operational feasibility, and • siting of the borrow area in a known dynamic but highly depositional area for purposes of ensuring rapid substrate recovery. The design depth of the proposed borrow site is such that substrate sediments exposed immediately after project construction will continue to consist of high quality sands. Future sedimentary conditions will therefore initially be influenced by slumping of excavation perimeter side slopes (i.e., sand) and deposition from predictable sediment transport along the marginal shoal feature as presently exists today. Advance quantification of infilling rates are difficult due to equilibration processes between cut and uncut portions of shoal during the first few years following dredging. Physical monitoring of the borrow site recovery is proposed. It is well documented however that the section of shoal in,gesfion"i5. CAMA Permit 91-14 Major Modification, Project Narrative, December 2016 (updated March 2017) Frying Pan Shoals Beach Nourishment Project, Village of Bald Head Island 4 naturally depositional both in the modern day and the morphological sense. Regardless of future realized sediment deposition rates, the probability of sedimentation by similar sandy material (in contrast to fines, organics, clays, etc.) is excellent (McNinch, 2009) and is the principal post -construction borrow site characteristic desired for purposes of rapid recovery of benthic communities (Bergquist, et.al. 2008) and minimization of potential effects to EFH. IV. Post -Construction Monitoring The Village as permittee will perform physical monitoring of a dredged borrow site immediately after construction, annually for three (3) years and biennially thereafter. The post -construction bathymetry will be compared annually with subsequent monitoring results to calculate in -filling or "recharge" of the site. The results of the monitoring will be incorporated into the Village's existing comprehensive Shoreline Monitoring Program and reported annually. The footprint of each monitoring survey shall include the entire permitted site as well as the actual area of excavation within. Any changes in morphology to the Frying Pan Shoals formation will be evaluated and discussed — as relevant. Changes in bathymetry proximate to any cultural resource buffer will be monitored. The Village will coordinate with all State and Federal regulatory agencies prior to the initiation of each redundant excavation within the overall permitted area. The strategic design rationale for each excavation will be provided for all subsequent dredging operations or contracts proposed by the Village. The frequency of physical monitoring surveys will be "reset" after each dredging event. CAMA Permit 91-14 Major Modification, Project Narrative, December 2016 (updated March 2017) Frying Pan Shoals Beach Nourishment Project Village of Bald Head Island 5 V. Source of Information Berquist, D.C., S.E. Crowe, M. Levisen and R.F. Van Dolah. 2008. Change and recovery of physical and biological characteristics at beach and borrow areas impacted by the 2005 Folly Beach nourishment project. For Charleston District, US Army Corps of Engineers, Charleston, South Carolina. Final Report by South Carolina Department of Natural Resources. McNinch, Jesse. 2009. Literature Review of Cuspate Forelands, Implications to Dredging Frying Pan Shoals. Prepared for USACE, unpublished. 64 pp. Olsen Associates, Inc., 2011. Bald Head Island, NC. Beach Monitoring Program: Monitoring Report No. 9 (May 2010 - May 2011). Report prepared for Village of Bald Head Island. Olsen Associates, Inc. 2618 Herschel St., Jacksonville, FL 32204. 69 pp plus app. Olsen Associates, Inc., 2016. Frying Pan Shoals Sand Search Investigation. Report prepared for Village of Bald Head Island. Olsen Associates, Inc. 2618 Herschel St., Jacksonville, FL 32204. 38 pp plus app. Tidewater Atlantic Research (TAR), 2016. Remote -Sensing Reconnaissance Survey at the Location of a Proposed Borrow Site on Frying Pan Shoals Off Bald Head Island, Brunswick County, North Carolina. 17 pp. ENCL: Permit Sheets 1-9 CAMA Permit 91-14 Major Modification, Project Narrative, December 2016 (updated March 2017) Frying Pan Shoals Beach Nourishment Project, Village of Bald Head Island 6 BOOM APPLICATION for Meier Development Permit (last revised 12127/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Village Of Bald Head Island Project Name (if applicable) Frying Pan Shoals Beach Nourishment Project Applicant 1: First Name Mr. Chris MI Last Name McCall Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed - Mailing Address P.O. Box 3009 PO Box City Bald Head Island State NC ZIP 28461 Country USA Phone No. 910 - 457 - 9700 ext. 1002 FAX No. 910-45 7-6206 Street Address (if different from above) City State ZIP Email cmccall@villagebhi.org 2. Agent(Contractor Information Business Name Land Management Group, Inc. Agent/ Contractor 1: First Name MI Last Name Christian Preziosi Agent/ Contractor 2: First Name MI Last Name Olsen Associates Inc., Erik Olsen Mailing Address PO Box City State 3805 Wrightsville Avenue #15 Wilmington NC ZIP Phone No. 1 Phone No. 2 28403 910 - 452 - 0001 ext. - ext. FAXNo. Contractor # 910 452 0060 Street Address (if different from above) City State I ZIP I Email cpreziosi@lmgroup.net; eolsen@olsen-associates.com <Form continues on back> IAN 2 5 1111 252••60 -2�0� 1-888�41R CA37 vwvww. n=zoastalmanageenewt,wet Form DCM MP -1 (Page 2 of 5) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Brunswick NA NA Subdivision Name Subdivision City State Zip NA Village of Bald Head Island NC 28461- No. Lot No.(s) (if many, attach additional page with list) 910 - 457 - 4926 ext. NA, I I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Cape Fear River Atlantic Ocean (borrow area and South Beach nourishment area); Cape Fear River (West Beach j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No nourishment) c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade []Unknown Atlantic Ocean (borrow area and South Beach nourishment area); Cape Fear River (West Beach nourishment) e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes []No work falls within. Village of Bald Head Island 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 21,800 Ift of beach nourishment NA c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NA,NWL (normal water level) (!f many lot sizes, please attach additional page with a list) Elevation varies between 0 ft to +6 ft NHW (+/-) ®NHW or ❑NWL e. Vegetation on tract Proposed beach nourishment area consists of unvegetated intertidal beach and denuded dry beach areas. f. Man-made features and uses now on tract Within beach nourishment area; terminal groin, sand tube groins, beach fill, manmade dunes. g. Identify and describe the existing land uses ad'acent to the proposed project site. Residential homes, busienesses and public infrastructure (roads, water, sewer, etc.) h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? NA (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 ❑No [INA If yes, by whom? Tidewater Atlantic Research, Inc. 1. 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? 252-808.2808 .. 1-888-4RCOASP .. +� ww.nccoastalmanagerriar�tI —4t `y( Form DCM MP -1 (Page 3 of 5) <Form continues on next page> APPLICATION for Major Development Permit m. () Are there wetlands on the site? ❑Yes ®No (ii) Are there coastal wetlands on the site? []Yes ®No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? []Yes []No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. NA o. Describe existing drinking water supply source. NA p. Describe existing stone water management or treatment systems. NA 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ®Public/Govemment ❑Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Purpose is to provide a current and future source of beach compatible sand to address documented sand losses between federal disposal events and to ensure adequate improved beach widths along South Beach and West Beach. Nourishment is proposed along the shorelines that receive periodic nourishment from the federally -sponsored Wilmington Harbor dredge and disposal project. Village -sponsored beach nourishment will maintain the beach resources and will protect adjacent residential homes, businesses, and infrastructure. Daily use of the beach will be recreational by the residents of Bald Head Island and the general public. 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. Dredging of the proposed off -shore borrow area will be by 27" to 30" cutter suction dredge. Material will be piped to the beach by hydraulic pipeline and booster pumps_ Land-based equipment for fill placement will include bulldozers (D8 or similar), dredge pipe, and payloaders. d. List all development activities you propose. Excavation of beach compatible sand (to a depth no greater than -26 NAVD88) from a 460 -acres borrow area within Frying Pan Shoals; placement of sand along approximately 21,800 Ift of West Beach and South Beach. The construction berm will maintain an approximate elevation of +8ft NAVD which is consistent with the federal disposal fill template. A mild slope in the seaward direction will be graded to reduce post -placement scarping. e. Are the proposed activities maintenance of an existing project, new work, or both? Maintenance (of shorelines receiving periodic federal disposal) f. What is the approximate total disturbed land area resulting from the proposed project? Approx. 50 ❑Sq.Ft or Acres g. Will the proposed project encroach on any public easement, public accessway or other area ®Yes ❑No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. Sand placement by dredge or mechanical means will occur seaward of the MHWL. i. Will wastewater or stormwater be discharged into a wetland? ❑Yes [:]No ®NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ®NA 252-808.2808 .. 1-888-4RCOAST „ www.nccoastBlman3gsme icl"lp'''-A f ;; ^ a 2 9 9017 Form DCM MP -1 (Page 4 of 5) APPLICATION for Major Development Permit j. Is there any mitigation proposed? ❑Yes ®No ❑NA If yes, attach a mitigation proposal. <Form continues on back> 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) — (i) are always applicable to any major development application. Please consult the application instruction booklet on how to property 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 Adjacent Property were owners notified during initial project; CAMA Permit 91-14 Phone No. issued 10/21/14 and for federal nourishment project_ Address Name Phone No. Address Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. CAMA 91-14; COE 2014-00661; CAMA 60-09; COE 2007- 02699; CAMA 139-10; COE 2009-02334; CAMA 9-95; COE 199404687. h. Signed consultant or agent authorization forth, 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. 1 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. I further certify that the information provided in this application is truthful to the best of my knowledge. Date December 20, 2016 Print Name /1 CyR/STfJ9f1/ �itE1/oSl ,LAND MANrirri�Mb�17' 46-o (Afcsm") Signature C�lN� • • % Please indicate application attachments pertaining to your proposed project. 252.803-2908 .. 1-888.411COAST vv vvay.�ccflastalrna�eagamernt '°,,- i r� Form DCM MP -1 (Page 5 of 5) APPLICATION for Major Development Permit ®DCM MP -2 Excavation and Fill Information ❑DCM MP -5 Bridges and Culverts ❑DCM MP -3 Upland Development ❑DCM MP -4 Structures Information 252-808-2808 ., 1-888.4RCOAST wvnw.nccoastaimanagemer �t a !. '1 ?' .a, j,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 all 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. 7. EXCAVA770M El 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. Beach-com atible sand (see attached Sand Search Frying Pan Shoal Borrow Site- Compatible volume estimated between 5.2 Mcy (-20ft NAVD88 final depth) and a maximum 8.5 Mcy (-25ft NAVD88 final depth) to be availabe for long-term use. Estimated 1.872 Mcy needed for current event. The approximate acreage of the borrow area (minus the 9.73 -acre exclusion zone) is 450.27 acres (equivalent to 19,613,761 sf). An optional fairway area consists of 22.5 acres (equivalent to 980,100 sf). 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 [:]WL ®None (ii) Describe the purpose of the excavation in these areas: To provide a source of beach fill for continued beach maintenance and protection of adjacent residential homes, businesses, and infrastructure along South Beach and West Beach. F Investigation for geotechnical information and sediment analysis, Olsen 2016) d. High -ground excavation in cubic yards. None 2. DISPOSAL OF EXCAVATED MATERIAL ❑This section not applicable a. Location of disposal area. b. Dimensions of disposal area. Oceanfront shoreline of South Beach and riverfront shoreline of West Beach (see Sheet 2 of 9) Dimensions will vary based upon the beach profiles at the time of construction (refer to Sheet 3 of 9 attached). Estimated to be an average width of 100 ft over the length of the project. 2 (P 7 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 12,26,06 Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL) stabilization Irregular Length NA NA NA NA NA NA Shape - See Question 1a below Irregular Width NA NA NA NA NA NA shape -See Question 1 a. below Avg. Existing NA NA NA NA NA NA varies Depth Final Project NA NA NA NA NA NA varies Depth 7. EXCAVA770M El 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. Beach-com atible sand (see attached Sand Search Frying Pan Shoal Borrow Site- Compatible volume estimated between 5.2 Mcy (-20ft NAVD88 final depth) and a maximum 8.5 Mcy (-25ft NAVD88 final depth) to be availabe for long-term use. Estimated 1.872 Mcy needed for current event. The approximate acreage of the borrow area (minus the 9.73 -acre exclusion zone) is 450.27 acres (equivalent to 19,613,761 sf). An optional fairway area consists of 22.5 acres (equivalent to 980,100 sf). 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 [:]WL ®None (ii) Describe the purpose of the excavation in these areas: To provide a source of beach fill for continued beach maintenance and protection of adjacent residential homes, businesses, and infrastructure along South Beach and West Beach. F Investigation for geotechnical information and sediment analysis, Olsen 2016) d. High -ground excavation in cubic yards. None 2. DISPOSAL OF EXCAVATED MATERIAL ❑This section not applicable a. Location of disposal area. b. Dimensions of disposal area. Oceanfront shoreline of South Beach and riverfront shoreline of West Beach (see Sheet 2 of 9) Dimensions will vary based upon the beach profiles at the time of construction (refer to Sheet 3 of 9 attached). Estimated to be an average width of 100 ft over the length of the project. 2 (P 7 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 12,26,06 ' Forth DCM MP -2 (Excavation and Fill, Page 2 of 3) C. (i) Do you claim title to disposal area? ®Yes ❑No ❑NA (ii) If no, attach a letter granting permission from the owner. e. (i) Does the disposal area include any 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 (ii) Describe the purpose of disposal in these areas: Maintenance of beach fill and protection of adjacent homes, businesses, and infrastructure. a. Type of shoreline stabilization: ❑Bulkhead ❑Riprap ❑Breakwater/Sill ®Other: Beach nourishment with protective berm. C. Average distance waterward of NHW or NWL: Varies (see Figure 3 of 9). e. Type of stabilization material: Clean beach compatible sand for protective berm at base of dunes. g. Number of square feet of fill to be placed below water level. Bulkhead backfill Riprap Breakwater/Sill Other — 500,000 cy. i. Source of fill material. Frying Pan Shoals Borrow Area as described in this permit application. d. (i) Will a disposal area be available for future maintenance? ®Yes [:]No DNA (ii) If yes, where? Beach nourishment footprint along West Beach established by terminal groin project and footprint along South Beach established by Wilmington Harbor federal disposal project. f. (i) Does the disposal include any area in the water? ®Yes ❑No ❑NA (ii) If yes, how much water area is affected? Amount of material placed below MHW will vary- See Sheet 3 of 9. Area below MHW to be affected is estimated to be 30 acres depending upon beach profiles at the time of construction. b. Length: 21,800 ft Width: Width will vary based on slopes and elevations at time of placement (see Shet 3 of 9) d. Maximum distance waterward of NHW or NWL: —100 ft f. (i) Has there been shoreline erosion during preceding 12 months? ®Yes ❑No DNA (ii) If yes, state amount of erosion and source of erosion amount information. Average 371,700 cy per year, per Village's Beach Monitoring Program. h. Type of fill material. Clean beach compatible sand. QThis UTA SIL i ">ACTt�/i'1E Ott ncf cpCrcable (Exdudii7g Short�lirie. S#�bilizafivrt} . a. (i) Will fill material be brought to the site? MYes LNo LJNA b. (i) Will fill material be placed in coastal wetianosimarsn tcvvt, If yes, submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the (ii) Amount of material to be placed in the water varies - number of square feet affected. estimated 500,00 cy (see Sheet 3 of 9) ❑CW ❑SAV ❑SB (iii) Dimensions of fill area 21,800 Ift with varying width (see Sheets 2 and 3 of 9). ❑WL ®None (iv) Purpose of fill (ii) Describe the purpose of the fill in these areas: Beach fill construction for maintained protection of homes, NA businesses, and infrastructure along West and South - Beaches. 252.808-2808 :: 1.888-e4RCOAST ravyw.necoastaimana!aement,net revised; Form DCM MP -2 (Excavation and Fill, Page 3 of 3) a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragline, controlled? backhoe, or hydraulic dredge)? Temporary toe -dike to be used. In addition, grading sloped beach Assumed 27" to 30" cutter suction dredge. Payloaders, dozers, profile will promote more rapid beach equilibrium. Engineered backhoes for beach placement. nourished beach will help to reduce erosion of upper beach and dunes. C. (i) Will navigational aids be required as a result of the project? d. (i) Will wetlands be crossed in transporting equipment to project ❑Yes ❑No ®NA site? []Yes ❑No ®NA (ii) If yes, explain what type and how they will be implemented. (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. December 20, 2016 Date Frying Pan Shoals Beach Nourishment Project Project Name Village of Bald Head Island Appl nt N me 1 - LAND N C.-' �CC 749 For, far plican Sign r 252.808-2808:: 1.888-4RCOAST ww'w.nccoastalmanageme_nt.net revised 12:26:06 Attachment A. Engineer's Response to RAI Items #145 Village of Bald Head Island Frying Pan Shoals Beach Nourishment Project CAMA Major Modification Request (State Permit No. 91-14) Response to Request for Additional Information From: Christian Preziosi [mailto:cpreziosi@lmgroup.net] Sent: Friday, May 26, 2017 4:01 PM To: MacPherson, Tara <tara.macpherson@ncdenr.gov>; eolsen@olsen-associates.com Cc: Smith, Ronnie D SAW (Ronnie.D.Smith@usace.army.mil)<Ronnie.D.Smith@usace.army.mil>; Coats, Heather <heather.coats@ncdenr.gov> Subject: RE: Frying Pan Shoals Nourishment Project Hi Tara, Please see the attached copy of the response to the Corps' request for additional information. Note also the attached updated permit drawings prepared by Erik (Sheets 5-8). This information has been submitted to Ronnie as part of the request to modify the DA permit. We are submitting a copy for DCM's use in supplementing the Village's request to modify State Permit No. 91-14. Let me know if you have any questions or require any additional information for the processing the major mod request. Thank you for your time and assistance with this project - Christian From: Christian Preziosi Sent: Wednesday, May 24, 2017 4:30 PM To:'MacPherson, Tara' <tara.macpherson@ncdenr.gov>; eolsen@olsen-associates.com Cc: Smith, Ronnie D SAW (Ronnie.D.Smith@usace.armv.mil) <Ronnie.D.Smith@usace.army.mil> Subject: RE: Frying Pan Shoals Nourishment Project Tara, Thanks for your email. As part of the Village's response to the federal request for additional information (RAI), Erik has prepared a couple of revised permit drawings. As such, we plan to furnish copies to DCM to supplement the application for the Major Mod request. Note that no further sediment sampling is proposed as Erik believes that the sand search investigation is more than sufficient to characterize the nature and quality of the material contained within the proposed borrow site. We will be submitting our response to the Corps by the end of this week — and will provide a full copy of our response to DCM as well. In the meantime, please call or email if you have any other questions or would like to discuss further. Thanks, Christian From: MacPherson, Tara(mailto:tara.macpherson@ncdenr.sov] Sent: Wednesday, May 24, 2017 3:04 PM To: eolsen @ oIse n-associates.com; Christian Preziosi <cpreziosi @ Imeroup.net> Cc: Smith, Ronnie D SAW (Ronnie.D.Smith@usace.army.mil) <Ronnie.D.Smith@usace.armv.mil> Subject: Frying Pan Shoals Nourishment Project Erik, It has come to our attention that the Regulatory Reform Act of 2016-2017 was recently passed by the General Assembly and signed into law by the Governor as Session Law 2017-10. As I'm sure you are aware, this legislation included language that exempts NC's cape shoals from the technical standards of beach fill projects as described in 15A 07H .0312, which includes Frying Pan Shoals. On March 6, we sent a request for additional information that required further sampling in accordance with these technical standards. We have not received this information to date. The USACE also requested information pertaining to the use of Frying Pan Shoals as a borrow source in a letter dated 4/12/17. Many of the items addressed in their letter reference comments received from state and federal agencies. It is our understanding that the new legislation will not have any bearing on federal permitting requirements and on their permit process. As such, please advise us if you still intend to submit any additional information to support your application or if you want us to resume processing of your application as -is, given the passage of Session Law 2017-10. Please be aware that the project must still be determined to comply with 15A 07H .0308 and additional information may be needed pending further review by the commenting agencies. Thank you, Tara MacPherson Field Specialist NC Division of Coastal Management Department of Environmental Quality FRYING PAN SHOALS NOURISHMENT PROJECT State Permit No. 91-14 MAJOR MODIFICATION Village of Bald Head Island, N.C. — Applicant Response to DCM — Request for Additional Information (6 March 2017) OVERVIEW Prior to addressing the request for additional (RAI) items addressed in the 6 March 2017 correspondence from Debra Wilson, it is appropriate to discuss the operational and feasibility aspects of acquiring various forms of data required by 15NACA07HO312 (the Technical Standards or "Sediment Rule" for Beach Fill Projects in N.C.). First, the South and West Beach segments of BHI shoreline to be nourished from material dredged from a newly developed Frying Pan Shoals borrow site have been the recipient of multiple sand disposal projects associated with the Wilmington Harbor navigation project (beginning in 2000). As such they are no longer "natural" sandy shorelines, but rather beaches comprised of varying percentages of sand and shell (carbonate material) dredged from three (3) abutting segments of the navigation channel. Moreover, the subject routine beach disposal operations have no scheduled termination due to the reoccurring requirement to maintain the federally authorized channel every two to three years. Various requirements of the adopted State standards therefore do not (and should not) apply. Precedent in this regard was established in the consideration and permitting of the Jay Bird Shoals Borrow Site (CAMA 67-09 and COE #2007-02699). As everyone should be aware, the Frying Pan Shoals formation in itself is typified by a highly energetic and unique wave and current environment. Hence, geotechnical exploration can be limited by operational and safety factors which affect accessibility, motion of the coring vessel and the nature of depositional sediments involved. Case in point — in order to perform the re - ixistt ' shallow water coring necessary for the Frying Pan Shoal borrow site, a small shallow draft coring vessel is required. Unfortunately, the coring rigs associated with such vessels are often unable to achieve full penetration of the 20' core tube. Additionally, movement of the vessel due to wave and current surge can totally preclude the acquisition of any level of core at certain locations — irrespective of the number of attempts to do so. Where cores do not reach the full depth of excavation proposed, both self -similar work by others and/or alternate means of evaluating soils at depth (such as a sub -bottom survey) are required to supplement engineering judgement needed for borrow site design. For the Frying Pan Shoals Sand Search, reliance was made on the geotechnical findings of the Jay Bird Shoals borrow site, as well as a site specific sub -bottom survey and other cores acquired by the Wilmington District, USACOE in 2009. All of these efforts provide excellent secondary references for the determination of both the depth and the nature of high quality sediment associated with a future borrow site at the location proposed. The Rule in itself acknowledges the difficulties of comprehensively exploring or investigating dynamic inlet shoal systems. It is submitted that the exact same considerations apply to the highly dynamic Frying Pan Shoals formation. RAI RESPONSES 1. In April 2009, the Wilmington District, USACOE acquired 31 VIBRACORES westward of the Frying Pan Shoal formation in water depths averaging 15-20 ft mol. (see Figure 1). Vibracore no. FPS -V-09-5 typifies the sediments associated with the proposed dredge fairway. Both the Core Log and two grain size distributions curves are attached. As shown on the log, sediment above -26ft (NAVD 88) is considered to be SP material and acceptable for beach placement — should any portion of the fairway require dredging. The federal Vibracores in general are also useful in corroborating the typical geological horizon for beach compatible sediments in the overall area of interest. -2- 2. The "test" for shell material as addressed by Rule is inapplicable due to the fact that both West Beach and South Beach are the recipients of navigation project disposal material. A similar finding of non -applicability was determined during the permitting of the Jay Bird Shoals Borrow site in 2007 for all the same reasons. 3. The use of Multi -beam survey technology for the site under consideration is not warranted. Instead single beam survey to federal standards was performed. Multi -beam survey results would not provide any meaningful level of additional information on the vast majority of the Frying Pans Shoals formation which is in a continuous state of dynamic flux. That is to say, highly detailed survey data would be subject to change almost immediately due to the dynamic nature of the area of investigation. If multi -beam was intended to detect hard -bottom the side scan survey performed by T.A.R. suffices in that regard. Additional more detailed survey of each discrete borrow area within the larger area being permitted will be performed as part of the design process for a specific nourishment event. As applicable, multi -beam survey may be utilized at that time and incorporated into the construction documents. 4. As expected, the spatial extent of the Vibracores acquired was physically limited by operational and safety considerations. A minimum of three (3) coring attempts at different dates and weather conditions were attempted in order to ensure that "difficult" cores could not be acquired. Accordingly, engineering judgement based upon prior work at J.B. Shoals, sub - bottom profiling, etc. were utilized to guide the consultant in the identification of the sedimentary characteristics typifying the proposed borrow area. 5. See No. 4 above. -3- 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o O o O O O o 0 0 0 o O o 0 O O O o 0 0 f� 00 m O r N M In CO h 00 O O O r r r M M M M M f7 M M M M M M N N N N N N N N N N N N Easting (ft-NAD83) Figure 1: Location of USACOE cores relative to proposed borrow site EU ON, NC olsen