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HomeMy WebLinkAbout20081615 Ver 1_Other Agency Comments_20090303(a.T f o g 1 to 15 Permit Class 'D g NEW STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission ermi t for Permit Number 22-09 X Major Development in an Area of Environmental Concern 1�9'1'19<,, pursuant to NCGS 113A-118 `0�94 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Town of Topsail Beach, 820 S. Anderson Boulevard, Topsail Beach, NC 28445 Authorizing development in Pender Counties at New Topsail Inlet and Ocean Beach, within Town limits -------,as requested in the permittee's application dated 2/9/09, AEC Hazard Notice dated 8/26/08 mitigation/monitoring plan dated received 2/9/09, and workplan drawings (7), all dated Received 2/9/09. This permit, issued on February 27, 2009 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. 1) In order to protect threatened and endangered species and to minimize adverse impacts to offshore, nearshore, intertidal and beach resources no excavation or beach nourishment activities shall occur from April 1 to November 15 of any year without prior approval from the Division of Coastal Management in consultation with the Division of Marine Fisheries and the Wildlife Resources Commission. Excavation 2) All excavation activities shall take place entirely within the areas indicated on attached Figure No. 4.2 (Modified Footprint of Borrow Area X). In order to minimize impacts to aquatic resources, and in accordance with commitments made by the permittee, no excavation shall take place within Borrow Area X cuts 1 and 2, and the landward 100 foot portion of Borrow Area X, Cut 3. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit must be accessible on-site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2012 Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. L James H. dgson, Director Division of Coastal Management This permit and its conditions are hereby accepted. In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee Town of Topsail Beach Permit #22-09 Page 2 of 5 ADDITIONAL CONDITIONS 3) Excavation shall not exceed —32' (NAVD 83). Overdredging is specifically prohibited. 4) Excavation shall be accomplished by cutter suction hydraulic dredge. Use of any other method of excavation shall require modification of this permit. Beach Nourishment 5) This permit authorizes beach nourishment activities to be carried out one (1) time along the entire reach of the requested project area. Any request to carry out additional activities within an area where nourishment activities have been completed under this permit shall require a modification of this permit. 6) Prior to the initiation of beach nourishment activity along each section of beach, the existing mean high water line shall be surveyed and a copy provided to the Division of Coastal Management. NOTE: The permittee is advised that the State of North Carolina claims title to all currently submerged lands and any future lands that are raised above the Mean High Water level as a result of this proj ect. 7) Prior to the initiation of any beach nourishment activity above the normal high water contour (NHW) within the limits of the permittee's jurisdiction, easements or similar legal instruments shall be obtained from all impacted property owners. 8) Prior to the initiation of any beach nourishment activity, the permittee shall coordinate with the Division of Coastal Management to determine the static vegetation line that shall be used as the reference point for measuring future oceanfront setbacks. The static vegetation line, which is defined as the vegetation line that existed within one year prior to the onset of initial project construction, shall be established using on -ground observation and survey or aerial imagery. This static vegetation line shall then be marked and a survey depicting this static vegetation line shall be submitted to the Division of Coastal Management prior to any beach nourishment activities. 9) The seaward nourishment limit shall be conducted in accordance with the approved work plat labeled Typical Resultant Beach Profile Figure 6 dated received 2/9/09. 10) Temporary dikes shall be used to retain and direct flow of material parallel to the shoreline to minimize surf zone turbidities. The temporary dikes shall be removed and the beach graded in accordance with approved profiles upon completion of pumping activities in that particular section of beach. 11) Should the dredging operations encounter sand deemed non -compatible with 1.5A NCAC 0714 .0312 (Technical Standards for Beach Fill Projects), the dredge operator shall immediately cease operation and contact the NCDCM. Dredge operations shall resume only after resolution of the issue of sand compatibility. 12) In order to prevent leakage, dredge pipes shall be routinely inspected. If leakage is found and repairs cannot be made immediately, pumping of material shall stop until such leaks are fixed. Town of Topsail Beach ADDITIONAL CONDITIONS Permit #22-09 Page 3 of 5 13) Once a section is complete, piping and heavy equipment shall be removed or shifted to a new section and the area graded and dressed to final approved slopes. 14) Land-based equipment necessary for beach nourishment work shall be brought to the site through existing accesses. Should the work result in any damage to existing accesses, the accesses shall be restored to pre -project conditions immediately upon project completion in that specific area. NOTE: The permittee is advised that any new access site would require a modification of this permit. 15) Where oceanfront development exists at elevations nearly equal to that of the native beach, a low protective dune shall be pushed up along the backbench to prevent slurry from draining towards the development. 16) Dune disturbance shall be kept to a minimum. Any alteration of existing dunes shall be coordinated with the Division of Coastal Management as well as the appropriate property owner(s). All disturbed areas shall be restored to original contours and configuration with reference to the surveyed normal high water line and shall be revegetated immediately following project completion in that specific area. Mitigation and Monitoring 17) Unless specifically altered herein, the permittee shall fully implement the attached Sea Turtle, Bird, Macroinvertebrate/Infaunal Species, and Habitat Monitoring plans, including all reporting requirements. 18) The frequency of the required bird monitoring is as follows: a. Every 10 days during spring migration (March 1 to April 30), b. Approximately every 15 days during breeding season (May 1 to July 13), c. Approximately every 10 days during fall migration (July 1.4 to November 30), and d. Monthly from December through February. This monitoring schedule shall be performed for one year prior to project initiation and three years following project completion. 19) In order to ensure that individuals selected to carry out the bird monitoring plan have the qualifications needed to carry out this work, the permittee shall coordinate any such selection with the Wildlife Resources Commission prior to selecting individuals to conduct any aspect of the bird monitoring plan. 20) Immediately after completion of the beach nourishment project, and prior to the next three sea turtle nesting seasons, beach compaction shall be monitored and tilling shall be conducted as deemed necessary by the Division of Coastal Management in coordinatio i with appropriate review agencies. 21) Immediately after completion of any phase of the beach nourishment project, and prior to the next three nesting seasons, monitoring shall be conducted to determine if escarpments are present that would affect nesting sea turtles or public access: If such escarpments are present, the permittee shall coordinate with the Division of Coastal Management for necessary remediation. Town of Topsail Beach ADDITIONAL CONDITIONS Permit #22-09 Page 4 of 5 22) Unless specifically modified herein, all mitigative commitments and/or biological monitoring commitments made during the environmental review process as found in the Final Environmental Impact Statement shall be adhered to. Cultural Resource Protection 23) There exists the possibility that the authorized activities may unearth a beached shipwreck. Should such a finding occur, the permittee shall immediately move to another area. The NCDCR Underwater Archaeology Branch shall be contacted at (910) 458-9042 to determine appropriate response procedures. General 24) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. 25) The permittee and/or his contractor shall schedule a pre -construction conference with the Division of Coastal Management prior to the initiation of any dredging activities. 26) The permittee shall obtain any necessary authorizations or approvals from the US Army Corps of Engineers prior to initiation of any permitted activity. All conditions of this Federal approval shall be adhered to. 27) The permittee and/or his contractor shall provide for proper storage and handling of all oils, chemicals, hydraulic fluids, etc., necessary to carry out the project. 28) The N.C. Division of Water Quality has authorized the proposed project under General Water Quality Certification No. 3777 (DWQ Project No. 081615), which was issued on 12/30/08. Any violation of the Water Quality Certification shall also be considered a violation of this CAMA Permit. 29) No sand shall be placed on any sand bags that have been determined by the Division of Coastal Management to be subject to removal under 15A NCAC 07H .0308(a)(2). In order to ensure compliance with this condition, the Division of Coastal Management shall be contacted at (910) 796- 7215 prior to project initiation so that Division staff may meet on site with the permittee and/or contractor. NOTE: The permittee is advised that the Division of Coastal Management shall regulate the removal of existing sandbags and the placement of new sandbags in accordance with 15A NCAC 07H .0308(a)(2)(F), or in accordance with any variances granted by the N.C. Coastal Resources Commission. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. Mora,kvf: zt Ci:ly DOM, � <§ @< @ 3 a /° C 2 \§ § 2 (b G \~ �LLI(I \ ) i ° 6g ) \( \ I& /a §§ � }} )\ k § a W 2 ' / \((/§ Wwo�a % <<Z() % U §}\j( k \ R&J53 — ]or0Mo 7 / z= C , § 4 2 / ~ - t •/ o � � U J % t _ n k � « � u % \ § o � e � \ § o b (L 2 Morehead City D L 1-1 U-5 IN I I cr 0 0 0 (OAVN 1001) U04eA013 m 0 9 I m 8 0 (OAVN 1091) UOIJOA813 u Ulf cs III > LU in. . . . -j LU .... CD tw .01 CL 2 L) E 0 0 CL T) > co 000 O O O O O 04 N (aAVN 1081) UO!IeAB13 Ulf cs Ulf 6i. No Wetland Delineation is necessary. 6j. Signed AEC Hazard Notice / AEC HAZARD NOTICE Project Is In An: `� Ocean Erodible Area U' High Hazard Flood Area Inlet Hazard Area Property Owner.An easement to the Town of Topsail Beach will be in place before work begins The northern project limit is located approximately 2000 ft north of the Property Address:T605ail [',each/Surf City Town limits and the southern limit is located approximately 1000 ft south of Godwin Avenue. Date Lot Was Platted: N/A This notice is intended to make you, the applicant, aware of the special risks and conditions associated with development in tilts area, which is subject its natural hazards such as stor)ns, erosion and currents. The trues of tine Uiastatl Ri sourccs Commission require that you receive an At"(.. Hazard Notice andacknowledge that notice in writing before a permit for development can be is -wed, The C:ornmission's rules an Wilding standards, oceanfront setbacks and dune alterations are de:sigited to minimizd, bill not clinlinatc, property loss (roll) hazards. 13Y granting p rnlits, the (7oastal Resources Commission does not giraru?tee Ille safety of tine development and assumes no liability fi)r future damage to the development. Penins issued in the Ocean Hazard Area of Environmental Concern include the condition that structures be relocated orulismtantled ifthey become innnnineully threatened by changes in shoreline eontigtrration. The stnrcture(s) must be relocated or disranatttllcd within (Wo (2) yr,us vi`i�e umuug imininctutly thrc,ttened, and in any case upon its colial)w or subsidence. `file best available inforn)ation, as accepted by the Coastal ltesotrrccs C,'ornmissiun, indicates that fine arnnud long -krill average ocean erosion rare for tine arta where your property is Loc ted is_� feel per year. The rate was establislicd by careful analysis ofaerial photographs of the coastline taken over the past St? years, Studies also indicate that lire shurclncec^ouht mote as much as fr35-15 fret landward to a major storm. T sic flood waters in a major r $torrn are prtdlcled to be about ! 2 C feet deep in this arca. Preferred oceanfront protection rile )attics are beach nounshrilent and relocation of threatened grucl)res. Hard erosion control so Wines such as bulkheads, seawalls, revetments, groins,jettics and breakwaters are. prohihiled,'Icrnporary sand bags may he autitorired umterecrtain conditions. The applicant must acknoa lodge this nfi)rntation and reyuireutt-nts by signing this notice in the space below. Without the proper signartau, the application will not he complete. It � e 8/16/2008 APPlicaut siyrralure naty SPECIAL NOTE:'T his hazaitt notice is required tordevcloptllertt in arcus qlbiect 141 sudden and onassive stonrrsanderosion, Permits issued fi'tr dcirelopment in this :Hca expire on December 31 of the third year firlhawing the year in which the pernnit was issued. Shortly More work begins on the project site, tine Local Permit Cifficer inust be contacted to determine Clic vegetation line, and setback dr manor: at your site. I f the property has seen little change since file time of ticrulif issuance, and the proposed development can still rncet the setback requirenncnl, the. LPO will infonn you that you nuay begin work. Substantial progress oil the prcliect must be made within 60 days of this setback determination, or the setback onist he remeasured. Also, the occurrence ora major shureline change as fine result ofa storm within the 6t7 -day period will necessitate renleasnrernent of the setback. It is important that you check with the LP0 before the }Henna expires forotTrcial approval to continue the work alter the pennit has expired. C;errur;tlly, if (n}Cud}rlinn }?icings have j>c;cu placed and substssntnl Progress is confinuing, permit renewal can be authorized. It unhtwfot to continue work after permit expiration, For srarein,frrnariuor, cmrtacl: err3)ii (ItreCr 1�GYx =-� e- /d Aell . NC DIV. OF COASTAL MANAGEMENT Add CARDINAt+ WILMINGTON, NG Locality z t F Phony: Mitil gar Revised 2/07 Coastal Planning & Engineering of North Carolina, Inc. 5j. Monitoring Plan The following has been taken from the Draft Supplemental Environmental Impact Statement (July 2008) and may change as final approval has not been received. 6.4 MONITORING INITIATIVES Several monitoring initiatives are either currently in-place or have been proposed for the Topsail Beach Interim (Emergency) Beach Fill Project. A description of existing and proposed monitoring initiatives is included below. 6.4.1 Bird Monitoring Purpose and Goals In support of the Supplemental Environmental Impact Statement (Supplemental EIS) for the Topsail Beach Interim (Emergency) Beach Fill Project, a Shorebird Monitoring Plan has been developed to provide information on indigenous and migratory bird species found nesting, roosting, foraging and wintering in the vicinity of the permit area, particularly the tidal flats found in and around New Topsail Inlet (Figure 1) that may be impacted by construction activities. This plan is in response to the concerns expressed by the U.S. Fish and Wildlife Service (USFWS), North Carolina Department of Environment and Natural Resources (NCDENR), and the North Carolina Wildlife Resource Commission (NCWRC). Both pre- and post -construction monitoring of shorebirds will be conducted. Sampling Methodology and Frequency Bird monitoring will be conducted by walking the beaches and inlet areas noting shorebird and colonial waterbird species observed, habitat utilization, behavior and numbers of State and Federally listed species, gull -billed terns and piping plovers. In addition to numbers and species types, any banded bird sightings are recorded. Observations of banded birds can provide information about migration patterns, habitat utilization and life cycles. At this time, sampling frequency has not been determined. Report Preparation After constriction of the proposed project, bird monitoring data will be collected on an annual basis. A report summarizing the previous year's data will be prepared by the Town of Topsail Beach, and submitted on or before 60 days from the last survey event. 6.4.2 Sea Turtles Purpose and Goals The following plan has been developed in support of the Supplemental EIS for the Topsail Beach Interim (Emergency) Beach Fill Project. It is intended to address the need for observational data of nesting sea turtles and nest parameters. The monitorinZD g plan will provide information on loggerhead (Caretta caretta) and green (Chelonia mydas) sea turtle nesting attempts, document any potential changes in sand temperature associated Coastal Planning & Engineering of North Carolina, Inc. with the beach fill, and any potential effects of temperature on n,cess.rtT 1 la . is in response to the concerns expressed by the USACE, USFWS",*=,'hhd t6'" NCWRC. Monitoring Schedule For over ten years, the Karen Beasley Sea Turtle Rescue and Rehabilitation Center (KBSTRRC) has conducted its own nesting monitoring program, surveying the entire length of Topsail Island each morning during nesting season (May through August) identifying and documenting sea turtle tracks and nests (KBSTRRC, 2006). Monitoring is conducted by the Topsail Island Volunteer Organization, whose activities are coordinated by the NCWRC Sea Turtle Project. For three years post -construction and in coordination with the NCWRC, the volunteers will place a temperature data logger into each nest. Pre -construction monitoring will begin as soon as the final monitoring plan has been approved. Biological Monitoring Parameters Standard sea turtle nesting data will continue to be collected during the pre -construction season (2009) and for three post -construction (2010 — 2012). As the KBSTRRC has been collecting this data over the last ten (10) years in conjunction with the NCWRC, there is no need to duplicate this effort. All nests, except in years where the nesting effort is greater than 15 nests, will have a temperature datalogger placed in the middle of the nest. In years with more than 15 nests, data loggers will be placed in every other to every third nest. The nest temperature data will be supplied in addition to the standard nesting data including date eggs were laid, false crawl data, date eggs hatched, etc. Data collected from the nests will be used. to determine if the fill sand might have an effect on the gender of the hatchlings and/or on incubation duration. This data will be compared to the nesting temperatures recorded during the pre -construction monitoring season. In addition to monitoring the temperature within the turtle nests, temperature data loggers will be placed along four (4) transects within the proposed fill area, along four (4) transects to the north of the proposed fill area (Surf City) and along four (4) transects to the south of the proposed fill area (southern point of Topsail Beach and. Lea/Hutaff Island). At least one (1) transect to the south of the fill area will be on Lea/Hutaff Island. and will serve as a control. Coastal Planning & Engineering of North Carolina, Inc. The transect locations will be pre -determined by NCWRC and `theft lo'catiori confirimed by GPS during the pre -construction monitoring season. The data provided by the sand temperature stations will allow for a comparison of temperature changes between a natural, never nourished beach (Lea/Hutaff Island); a beach segment that has not been nourished recently (Surf City); and a newly nourished beach (Topsail Beach). Escarpments can prevent sea turtles from accessing the dry beach and cause the female to return to the water without nesting. Visual surveys of escarpments along the project area will be made immediately after completion of project construction. An elevation exceeding 18 inches over a distance of 100 ft may require remedial measures. Sampling Methodology Temperature dataloggers will be placed in turtle nests when they are excavated to confirm the presence of eggs. The sensors are small and can be placed in the center of the nest, surrounded by eggs without damaging any of the eggs. The dataloggers will be retrieved when the nest is excavated to confirm hatching or nest failure. The data on the sensors will then be downloaded by the NCWRC and compiled for analysis. A "false nest" will be constructed by the volunteers to prevent disturbance of the dataloggers placed for sand temperature monitoring. The sensors should be placed approximately 18 inches down to simulate the middle of a loggerhead sea turtle nest (average maximum depth of 24 inches). Volunteers will retrieve the dataloggers at the end of nesting season from the nourished and control transects. The data will then be handled as described above for the dataloggers found in the nest. Simple statistical tests, such as the t-test, could be utilized to compare the temperature data between the various sites. Report Preparation An annual report summarizing the previous year's data will be prepared and submitted on or before January 31st of each year by the NCWRC. The data collected in the pre - construction year and the three years post -construction will be compared in the final report to determine the overall effect of the fill sand on temperature, specifically as it relates to turtle nesting. In addition, the nesting effort for each year will be reported. There is a tremendous amount of natural variability in annual nesting effort; therefore a statistical comparison of pre- and post -construction data would not provide valuable data. 6.4.3 MACROINVERTEBRATE/INFAUNAL SPECIES Purpose and Goals The following monitoring and sampling plan is intended to address the need for baseline data collection and analysis of macro invertebrate and infaunal species in the vicinity of the Applicant's Preferred borrow site, Borrow Area X. Coastal Planning & Engineering of North Carolina, Inc. Monitoring Schedule Monitoring of macroinvertebrate and infaunal species would begin as soon as the final monitoring plan is approved in order to collect sufficient pre -construction data. Monitoring will continue for three years post -construction. Sampling will be conducted on a seasonal basis. Biological Monitoring Parameters The monitoring and sampling plan will provide information on indigenous species in Borrow Area X as well as a control transect that will not be impacted directly by the borrow activities. The sample areas are located seaward of the ebb tide delta associated with the New Topsail Inlet system. Benthic sampling will occur along transects located perpendicular to the shoreline within and. outside the proposed Borrow Area X footprint. Each of the sample sites will be located by a GPS unit to insure that the appropriate locations are visited during each sampling event. The intent of the sampling efforts is to assess and. document the potential effects of the borrow activities on infaunal species near the seaward edge of the ebb tide delta. Sediment grain size and water quality parameters will also be collected during each sampling event. Sampling Methodology A grab sampler will be used to collect samples due to the depth of water at the study site (-8 feet NAVD to -34 feet NAVD) and proposed shallow cut depths of approximately 7.8 feet. Transects will be oriented northwest to southeast, perpendicular to the mouth of New Topsail Inlet and crossing proposed Borrow Area X. Transects which have been placed along the same orientation, but outside of the path of direct impacts from the borrow activities, adjacent to the ebb channel of New Topsail Inlet will serve as a control. Each transect will consist of equally spaced sampling stations. Three (3) replicate samples will be collected at each sampling station. Following sampling, the samples will be sieved through a mesh sieve and fixed in a 10% buffer formalin solution, sealed, labeled and transported to the laboratory for analysis. The samples will be fixed in the solution for at least 48 to 72 hours before sorting amphipods and polychaetes. Species will be identified to the lowest possible taxonomic level by a trained marine biologist. After analysis, the samples will be transferred to a 50% isopropynol preservative for long-term storage. Data Analysis and Report Preparation Infaunal data for each sampling station will be reported as the number of individuals from each taxon, the number of species and the total number of organisms per square meter. Diversity indices will be used during the study. Data analysis and observations obtained from each station will also include the sediment depth of the sample taken, the depth of the water the sample was taken in, and any other biologically relevant information. Annual monitoring reports documenting the findings will be prepared and submitted to the USACE, National Marine Fisheries Service (NMFS), and the Town on or before 90 days from the last monitoring event. Coastal Planning & Engineering of North Carolina, Inc. 3wJ• 6.4.4 HABITAT MAPPING 07 Purpose and Goals This monitoring plan is intended for the identification of submerged aquatic vegetation (SAV), shellfish habitat, salt marsh and fringing terrestrial communities before and after project construction utilizing aerial photographs, ground -truth investigations, topographic and bathymetric surveys. Two (2) study areas were identified in order to delineate and differentiate between areas anticipated to receive primary and secondary effects (Permit AreaJProject Impact Zone) from work occurring seaward of New Topsail Inlet and areas anticipated to receive cumulative effects (Project/Survey Area) (Figure 2). These areas assist in defining the level of detail assigned to the mapping efforts described herein. This plan was developed in response to the concerns expressed by the USAGE, USFWS, NMFS, and the NCDENR. Monitoring Schedule Two (2) sets of pre -project aerial photographs are available. Black and white photographs from June 2003 are available from Pender County and color photographs taken in April 2006 are available from the USAGE. Pre -construction groundtruthing investigations for the identification of SAV, shellfish, salt marsh and fringing and terrestrial communities will be completed prior to construction. The baseline habitat map will be updated and incorporated into the Final Monitoring Plan. Aerial surveys, ground - truth investigations and identification of biotic communities will be conducted for the inlet complex (Permit Area/Project Impact Zone) at six (6) months and 22 months post - construction (Figure 2). Aerial surveys, ground -truth investigations and identification of biotic communities will be conducted for the entire Pen -nit Area at 36 months post - construction. All surveys will be compared to the pre -construction conditions (April 2006). Pre -construction topographic and bathymetric surveys of the terrestrial and aquatic enviromnents were conducted in October 2006. Surveys of Borrow Area X were completed in December 2007. The following frequency for post -construction bathymetric surveys of Borrow Area X and surrounding areas includes: one survey immediately after construction of the project (between April and May 2010), and one survey annually to be conducted prior to the peak of hurricane season between May and June at 12 and. 24 months following construction. Subsequent surveys should be contingent on the results of the 12 and 24 month surveys. The Town of Topsail Beach will continue to have beach profile surveys completed annually to monitor the condition of the fill areas. Coastal Planning & Engineering of North Carolina, Inc. Monitoring Parameters Aerial Photography Aerial photographs include the acquisition of ortho-rectified color digital imagery of the entire 7.0 -square mile Permit Area. Resolution of the acquired imagery will be sufficient to accurately delineate and map habitats and features of environmental significance within the survey area. Aerial targets will be placed at known depths to determine depth resolution of the aerials. An emphasis will be placed on those marine and estuarine habitats located in or near Borrow Area X. The aerial platform from which the imagery is acquired will have an onboard GPS that will provide an accurate basis for product correction. In compliance with State and. Federal agency requests, digital image acquisition will be timed, to the greatest extent possible; to coincide with good weather conditions and an ebb tide that may provide for increased habitat mapping potential. Considering the weather dependent nature of this activity, every effort will be made to accomplish this task under optimum conditions. Submerged Aquatic Vegetation No SAV communities have been visually confirmed within the Permit Area based on visual interpretation of the digital aerial photography (April 2006) or based on information provided by Anne Deaton of the North Carolina Division of Marine Fisheries (NCDMF). One small SAV community is probable within the Permit Area at the confluence of Old Topsail Creek and the Atlantic Intracoastal Waterway. The extent of mapped SAV within the Permit Area will be confirmed using visual observations in shallow water and ponar grab sampling in waters where the vegetation and/or bottom are not visible due to decreased water clarity. A GPS unit will be used to ascertain the general limits of the SAV occurrences. SAV community boundaries within the project area were mapped in 2006 through visual interpretation of the digital aerial photography. A minimum of ten percent of the SAV communities within the survey area will be field investigated using random sampling techniques. Salt Marsh and Terrestrial Fringing Communities Salt marsh and fringing terrestrial (MFT) community boundaries within the permit area were mapped in 2007 through visual interpretation of April 2006 digital aerial photography. Fringing terrestrial communities are classified as dry beach, dune, residential and upland hammock. The nature and extent of characterization of each habitat type will vary depending upon whether the habitat falls within the survey area or the permit area. Reporting The final product to be delivered under this phase of the project is a rectified (georeferenced) color seamless and tonally balanced mosaic image. Based. on the results Coastal Planning & Engineering of North Carolina, Inc. of the post -construction field investigations, a habitat map will be developed and revised as necessary. Results of the mapping efforts will be incorporated into the Global Information System (GIS) database developed for this project. Acreages of each habitat type present within the survey area will be provided in a report to be submitted no more than 90 days from when aerial imagery is provided. Preliminary pre -construction habitat mapping results are provided in the Final Supplemental EIS, Section 4. Coastal Planning & Engineering of North Carolina, Inc.