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HomeMy WebLinkAbout20181344 Ver 1_CAMA Application_20180912ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director, Division ojCoastal Management September 7, 2018 TO: Karen Higgins 401 & Buffer Permitting Unit DWR/Water Quality Permitting 20181344 FROM: Courtney Spears, Assistant Major Permits Coordinator NC DEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 courtneY.spears (a)-ncdenr.cLov Fax: 910-395-3964 (Courier 04-16-33) SUBJECT: CAMA /Dredge & Fill Application Review See complete submittal at: https://obrienandgere. sharefile. com/d-dfa7a4ec872f4a67 Applicant: Town of Oak Island Maintenance Dredging Project Location: 8.7 miles of oceanfront beach, in the Town of Oak Island, Brunswick Co. Proposed Project: to continue federal navigation maintenance dredging of Lockwoods Folly Inlet, with beneficial dredge material to be placed along the beachfront Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Spears at the address above by October 3, 2018. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7245 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **additional notes 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 DATE State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT Oak Island Maintenance Dredging APPLICANT'S NAME: Town of Oak Island c/o David Kelly 2. LOCATION OF PROJECT SITE: The project site includes navigation maintenance dredging of Lockwoods Folly Inlet and AIM Crossing Tangent 11 with beneficial placement of dredge material on approximately 8.7 miles of beachfront area in the Town of Oak Island and in a near -shore disposal areas, in and adjacent to the Atlantic Ocean, in Oak Island, Brunswick County. Photo Index: AIWW Tangent Crossing -2006: 1-6158:1-24, G -J 2000:4-42:1-24, L -M 1995: 4-32:1-24,0-U Lockwood Folly Inlet - 2006: 1-6158:6-7, K -L 2000: 4-42:4-18, N -X 1995: 4 -32:6 -7,S -X Beachfront Placement Area - 2006: 8-6161 to 8-6168 Oceanfront Coordinates: Midpoint of beneficial placement area - Lat: 33° 54' 47.88"N Long: 78008'55.56"W 3. INVESTIGATION TYPE: CAMA / D&F 4. INVESTIGATIVE PROCEDURE: Date of Multi Agency Scoping Meeting: 7/18/17 (w/ applicant) 5. PROCESSING PROCEDURE: Application Received - July 23, 2018 Complete- August 28, 2018 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Town of Oak Island Classification From LUP- No classification for dry sand beach/General Project Area is classified as Developed (B) AEC(s) Involved: EW, PT, OH, IH (C) Water Dependent: Yes (D) Intended Use: Public (E) Wastewater Treatment: Existing - N/A Planned - None (F) Type of Structures: Existing - Commercial and Residential Planned - N/A (G) Estimated Annual Rate of Erosion: 2.0 ft./year Source -2011 LTAASCR Update 7. HABITAT DESCRIPTION: DREDGED (AREA] FILLED (A) Intertidal/Subtidal (Open Water) AIWW/ Lockwoods Folly Inlet 48 acres (B) Oceanfront Beach -160 acres (D) Total Area Disturbed: (-208 acres) ** Note: Typical Inlet and.AIWW Crossing dredge volumes are listed on the MP -2 Form. ** Note: An additional nearshore disposal areas are described as 8,200 liner ft. in length adjacent to Oak Island with variable widths. Town of Oak Island Maintenance Dredging (Lockwood Folly Inlet) Page Two (E) Primary Nursery Area: No (F) Water Classification: SA Open: Yes 8. PROJECT SUMMARY: The Town of Oak Island proposes to obtain state authorization to continue federal navigation maintenance dredging in Lockwoods Folly Inlet and the AIWW crossing (Tangent 11) including near -shore disposal and associated beneficial placement (including USACE and locally authorized beach template disposal areas) on approximately 46,000 linear feet of the Oak Island oceanfront. 9. PROJECT DESCRIPTION: The project site includes Lockwoods Folly Inlet, AIWW crossing Tangent 11, the USACE beneficial placement template areas on the oceanfront section of Oak Island, including an adjacent near shore disposal location, and the western oceanfront shoreline of Oak Island authorized under State Permit No. 21-15. (Figure 2). The defined disposal area for this project begins at Parcel ID 233OA02402 (Western Beach Access) and ends at Parcel ID 250EA00102 (McGlamery Street). The proposed beneficial placement area is the oceanfront beach of Oak Island. To find the project site, travel south on US Highway 17 from Wilmington to NC Highway 906 just past Bolivia. Turn left on NC 906 and travel approximately 10.6 miles to Oak Island. Oak Island is flanked on the east end by Caswell Beach and the Cape Fear River and Lockwoods Folly Inlet on the west end. The island is adjacent to the Atlantic Ocean with the Atlantic Intracoastal Waterway (AIWW) separating the island from the mainland. The island is developed and is mostly residential. The high ground portion of the oceanfront beach is vegetated primarily with American Beach Grass (Ammophila breviligulata) and Sea Oats (Uniola paniculata). Historically, (USACE) has maintained Lockwoods Folly Inlet as a marked navigation channel, providing commercial and recreational access to the Atlantic Ocean. Over the years, and with adequate funding, the USACE has been able to maintain the federal channel with their side -cast dredge fleet. Traditionally, they have maintained a depth of -12 ft. plus -2 ft. overcut in the AIWW Crossing and -18 ft. plus -2ft. overcut at the Inlet using the side -cast dredge. The last maintenance event was authorized in 2006 and material was placed on Holden Beach via pipeline. Periodic maintenance has become less frequent due to budget constraints, the shallow depth of the inlet and the amount of material that's held in the inlet system by the side -cast operations. In the event the USACE is not capable of maintaining the inlet, the Town of Oak Island would like to obtain approval to perform the navigation maintenance work and utilize the material for beneficial placement. The Lockwoods Folly Inlet and AIWW navigation maintenance areas (from where the sand is being removed) are located along the western and northwestern sides of Oak Island (see Figures 3.1-3.5). Lockwood Folly Inlet is located between Holden Beach and Oak Island. The project disposal site encompasses approximately 8.7 miles of oceanfront beach, including a section of beach the USACE has historically used for dredge material disposal from the Wilmington Harbor Project, the Sea Turtle Habitat Restoration Project, and a 3,148 ft. template area authorized under State Permit No. 21-15, which extends to 60th Place West. The applicant has provided the USACE template for the 2000 Sea Turtle Consistency Project (see Attachment 3.7) which indicates that the approximate elevation of the tract above NHW was + 8 ft. NGVD at the top of berm at that time. The applicant has provided documentation of the Wilmington Harbor USACE template (see Attachment 3.8) which has a berm elevation set at +6 ft. NAVD88 throughout the project and varied berm widths. The Town of Oak Island was issued CAMA Major/ Dredge and Fill Permit #21-15 on February 13, 2015 for the dredging of 278,950 cubic yards of material from Eastern Channel and placement of beach -compatible material on the west end of Oak Island. This permit which was refined on March 2, 2015 for beneficial placement on 3,148 linear ft. of oceanfront shoreline extending from the driving beach access just west of 69th place West to 601 place West. The average fill placement density was authorized to 72 cy/ft. along the entire length of the project area with an average beach fill width of 375 ft. and an average berm width of 125 ft. The berm was proposed at an elevation of +7 ft. NAVD88, but increased to +10 ft. NAVD88 at 6615-6623 W. Beach Town'of Oak' Island (Lockwoods Folly Inlet) Page Three Drive due to existing sandbags authorized on May 21, 2014 to protect threatened structures. Work was completed in the Spring of 2015 and the permit is scheduled to expire on December 31, 2018. The 8,200 ft. long nearshore disposal area is directly adjacent to Oak Island (Figure 2). The application does not discuss CAMA Minor Permit No. OI 17-11, which was issued on March 8, 2017 for dune creation on the oceanfront beach due to erosion from Hurricane Matthew. There has been concern regarding the compatibility of the material utilized to create the dunes. Figure 1 from the Post -Matthew Emergency Dune Restoration Project Post -Construction Draft Monitoring Plan outlines the areas where dunes were created on the oceanfront beach (Enclosed with Bio Report as Attachment B). The entire project disposal site is adjacent to residential and commercial properties as well as infrastructure for the Town. The long term annual erosion rate for the Town of Oak Island is 2 ft./year, per the Division of Coastal Management's 2011 Annual Erosion Rate maps. The Ocean Hazard AEC extends 180 ft. in the Project Area. The application includes a Cultural Resource Assessment that was submitted for the original SDI -5 projects in 2015 (See Attachment 5.1 and Appendix A coordination letters). The applicant states that impacts to cultural resources in the Lockwoods Folly Inlet Project Area are not anticipated and any identified shipwrecks will be avoided. The application also includes a Sediment Evaluation (Attachment 5.2), an expanded Biological Assessment, which includes regulatory correspondence from the original SDI -5 review, (Attachment 5.3), Essential Fish Habitat Summary (Attachment 5.4) and Recommended Conservation Measures (Attachment 6). The Town of Oak Island Land Use Plan does not have the dry sand beach classified; however, the upland areas of this project are classified as Developed. The waters of the project site are classified as SA by the NC Division of Water Resources. The NC Division of Marine Fisheries has NOT designated this area as a Primary Nursery Area (PNA), and the waters are OPEN to the harvesting of shellfish. 10. PROPOSED PROJECT: The Town of Oak Island proposes to obtain state authorization to continue federal navigation maintenance dredging of Lockwoods Folly Inlet and the AIWW crossing (Tangent 11) including near -shore disposal and associated beneficial placement (including USACE and locally authorized beach template disposal areas)' on approximately 46,000 linear feet of the Oak Island oceanfront. In 2015 local stakeholders applied to conduct maintenance dredging for navigation for five Shallow Draft Inlets, including the Lockwoods Folly Inlet. The Town of Oak Island would like to obtain an additional permit for maintenance dredging of the Lockwoods Folly Inlet and associated AIWW crossing in addition to the permit that was issued -to the Town of Holden Beach on May 5, 2016 (State Permit No. 52-16). The County of Brunswick submitted a letter to this office on August 20, 2018 on behalf of the Town of Oak Island supporting this project proposal (Enclosed with Bio Report as Attachment A). The application states that the Town of Oak Island currently shares financial responsibility with the Town of Holden Beach and Brunswick County for USACE approved maintenance dredging and would coordinate with these partners to avoid duplication with future maintenance efforts. Ongoing federal navigation maintenance dredging programs at the inlets and AIWW crossings have been authorized and conducted since at least 1982. Should the U.S. Army Corps of Engineers (USACE) be unable to perform the program, the Town of Oak Island seeks additional authorization to continue year-round navigation maintenance in the inlet and AIWW crossing, which is critical to local commerce and recreation. The application states that maintenance dredging at each inlet would mimic the ongoing, approved (USACE) maintenance dredging program for each area, which includes the AIWW crossings, connecting channels and the inlet throats throughout currently authorized inlet linear distances beyond the COLREGS line (see Narrative). Town of Oak Island (Lockwoods Folly Inlet) Page Four According to the application, the navigation maintenance dredging project area depths and dimensions will mimic the federally authorized project for Lockwoods Folly Inlet and AIWW Crossing Tangent 11 (see MP -2, Figure 2 and Attachment 3). Please note that the proposed maintenance project dredging template has been reduced to mimic the USACE template (Figure 2 and Attachment 3.2). The proposed template for beneficial placement on Oak Island includes both USACE placement template areas for the Wilmington Harbor Project and the Federal Consistency Turtle Project, the beach template authorized under State Permit No. 21- 15 and a near -shore disposal area (Figure 2). The application states that non -beach compatible material will be placed in USACE Disposal Area 0268 and any work proposed during the moratoriums will be done utilizing dredges capable of nearshore or side -cast disposal. The proposed Lockwoods Folly Inlet navigation maintenance dredging would occur within an area measuring approximately 4,100 ft. in length by 150 ft. in width to a maximum depth of -12 ft. at MLW (plus -2 ft. overcut) and the AIWW crossing navigation maintenance dredging would occur within an area measuring approximately 7,700 ft. in length by 90 ft. in width (along with an authorized 400 ft. widener along this stretch of the AIWW (see MP -2 D) to a maximum depth of -12 ft. at MLW (plus -2 ft. overcut). Although the authorized depths within the Lockwoods Folly Inlet are -12. Ft. at MLW plus -2 ft. overcut, the USACE has maintained the Lockwoods Folly Inlet Area to a maximum depth of —8 ft. at MLW (plus -2 ft. overcut). The application states that these proposed depths mimic the federally authorized depths within these areas and those authorized under the Town of Holden Beach SDI -5 project (see MP -2 Excavation and Fill Form). According to the application, typical AIWW crossing maintenance in this area excavates approximately 100,000 cubic yards and the typical Lockwoods Folly Inlet maintenance excavates approximately 65,000 cubic yards during each maintenance event. According to the applicant the authorized template for the oceanfront area includes an average berm width of 75-150 ft. at an elevation of +6 ft. NAVD88 and a natural slope to existing grade. The USACE template has a berm elevation set to +6 ft. NAVD88 (see Attachment 3.8). The application does not state an average fill placement density along the project area or provide current dune crest elevations. The application does state that the length of beneficial placement for each event will be based on the volume of dredged material, but will typically be about 2,800 linear ft. Easements for the beneficial placement locations have been previously acquired by the Town of Oak Island and are on file with the Town. Please note that the USACE is currently in consistency review to place material from Tangent 11 on the Oak Island Beachfront The proposed adjacent near -shore disposal location template is located adjacent to Oak Island, in an area measuring approximately 8,200 ft. in length at variable widths and depths. According to the applicant this area is within the previously authorized USACE disposal template (see Figure 2). According to the applicant USACE has easements on file for the 21.5 acre Upland Disposal site (AIWW DA 0268) which would be used for incompatible material. The application states that the applicant will obtain a consent agreement from the USACE Real Estate Office prior to beginning construction. The application states that sediment characterization data was obtained for Lockwoods Folly Inlet and the AIWW crossing from five sampling events conducted between 1998 and 2014 (see Attachment 5.2). The sediment evaluation indicates that, based on vibracore data, the majority of material being removed from Lockwoods Folly Inlet would be compatible with the native beach. In the event that unsuitable (non -beach quality) material is encountered, the upland disposal site will be utilized. The application states that temporary in-situ sand berms will be used during beach placement to facilitate settlement and retention of sand on the beach which would allow the sandy material to settle out before the water re-enters the ocean. The Town proposes to continue the USACE's use of least cost method of disposal selecting from currently approved dredge material management locations, including shoreline beneficial placement, near -shore placement and/or upland confined disposal. (See Project Narrative). For dredging with beneficial placement, a cutterhead hydraulic dredge and pipeline, bulldozers, front end loaders and other earth moving machinery would be used. If beneficial placement is not included in a Town of Oak Island (Lockwoods Folly Inlet) Page Five navigation maintenance event other types of dredges will be considered (See MP -2 Excavation and Fill 5b). According to the applicant the entire project would follow the precise template of federally authorized projects except for the beach placement template authorized under State_ Permit No. 21-15. Conservation measures are suggested to meet the environmental window of November 16 -April 30 for implementation of routine dredging activities to federally -authorized depths to the maximum extent possible, however the applicant also mentions dredge/beneficial placement activity outside of the environmental window when navigational needs necessitate inlet and crossing maintenance operations (see Narrative and Attachment 6). In summary, the proposed beneficial placement associated with navigation maintenance dredging activities would remain within the Town limits except for a near shore disposal location proposed adjacent to Oak Island. According to the applicant, all navigation maintenance excavation is.consistent with federal projects thereby not exceeding the depth and width of the federal channel. As proposed, the entire project would overlap previously impacted areas along the oceanfront as well as previously dredged areas within Lockwoods Folly Inlet and the AIWW Crossing. 11. ANTICIPATED IMPACTS The proposed navigation maintenance dredging volumes are typically 65,000 yd' within Lockwoods Folly Inlet and 100,000 yd within the AIWW Crossing. According to the applicant, fill densities will be event specific. The beneficial placement portion of the project would disturb a maximum of approximately 6,900,000 sq. ft. of oceanfront beach impacting areas below and above Mean High Water as a result of the nourishment activities. The proposed near -shore placement area is 8,200 ft. in length adjacent to Oak Island at variable widths and depths. Placement of sand on the beach would result in temporary mortality for intertidal micro fauna such as crabs and worms. Placement of material below the MHW boundary would result in temporary turbidity within the nearshore waters of the Atlantic Ocean; potentially affecting fish and aquatic life in the project area at the time. Limiting the work to the winter season should reduce potential adverse impacts to fish communities. There may be some impact to sea turtle nesting as a result of this project and there has been concern regarding the compatibility of the material utilized to create the dunes during the 2017 Dune Restoration Project. The Town is currently coordinating with US Fish and Wildlife to monitor potential impacts from placement of non -compatible material during that project. Beach compaction should be monitored and tilling should be required to reduce the likelihood of impacting sea turtle nesting and hatching activities. Public use of the beach during the beach fill process would be limited to some degree. The project would serve to provide authorization for the Town of Oak Island to continue the federal navigation maintenance dredging program at Lockwoods Folly Inlet and AIWW crossing Tangent 11. In addition, approximately 21.5 acres of high ground has been proposed for unsuitable material at the USACE DA 0268 disposal site. The application states that actual disturbed areas and volumes of material will be a summation of the locations within the channels that need to be dredged for navigation at a given time but the length of beneficial placement areas will typically be approximately 2,800 linear ft. with a berm width of 75-150 ft. at an elevation of +6 ft. NAVD88. Submitted by: Tara MacPherson Date: September 7, 2018 Office: Wilmington Town of Oak Island Post -Matthew Emergency Dune Restoration Post -Construction Monitoring Plan *ro ILquA 0 May 2018 Figure 2. Station Locations for Sand Temperature and Sand Color Monitoring 114 PROJECT NARRATIVE In 2015, the local stakeholders for five shallow draft inlets - Bogue, New Topsail, Carolina Beach, Lockwoods Folly, and Shallotte River Inlet (identified as the SDI -5) - and associated Atlantic Intracoastal Waterway (AIWW) crossings on the southeast North Carolina coast submitted a N.C. Coastal Area Management Act (CAMA) Major Permit application to the N.C. Department of Environmental Quality (NCDEQ) Division of Coastal Management (DCM) for conducting maintenance dredging for navigation. The permit application was a joint application for the state and federal approvals required to conduct this maintenance dredging. Permits were issued for the municipalities associated with the five inlets in May 2016. The applicants for these permits were five local governments adjacent to the inlets, who wished to obtain major CAMA permits to continue the ongoing federal navigation maintenance dredging program at the inlets and the AIWW crossings, which is currently conducted by the United States Army Corps of Engineers (USACE) Wilmington District. The federal program has been authorized and conducted since at least 1982, and is currently funded by the State of North Carolina, or a combination of State and local funds. The local governments applied for these permits to continue year-round navigation maintenance in the inlets, which are critical to local commerce and recreation, should the USACE Wilmington District be unable to perform the program for some reason. The Town of Oak Island was not included in the SDI -5 permit application, but would like to obtain a similar permit for maintenance dredging for the Lockwoods Folly Inlet and associated AIWW crossing to protect their financial investment in maintaining inlet navigability. This is intended as a backup to the maintenance dredging permit that has been issued to the Town of Holden Beach pursuant to the SDI -5 application. The Town of Oak Island currently shares financial responsibility with the Town of Holden Beach and Brunswick County for the maintenance dredging that is currently performed by the USACE, and would coordinate with these partners to avoid duplication for future maintenance efforts, if required. The authorized maintenance dredging at Lockwoods Folly Inlet would mimic the ongoing, approved USACE maintenance dredging program, which includes the AIWW crossings, connecting channels, and the inlet throat out through the currently authorized USACE inlet linear distances beyond the COLREGS line. This inlet has typically needed maintenance on a roughly quarterly basis by the USACE Wilmington District, and AIWW Crossing maintenance has typically been needed every 1-2 years. The Town of Oak Island would continue this maintenance schedule to the extent practical, in coordination with the Town of Holden Beach and Brunswick County, and subject to the navigational needs of the inlet. The Town of Oak Island would continue the USACE Wilmington District's use of the least -cost method of disposal, and would select from currently -approved dredge material management locations, including shoreline beneficial placement, nearshore placement and/or upland confined disposal. The project area for the Lockwoods Folly Inlet is depicted in Figure 1. The Proposed Action includes the AIWW Crossing wideners maintained by the USACE Wilmington District, as summarized in the following excerpted table: Table 1. Proposed AIWW Inlet Crossing Wideners MAXIMUM WIDENER AREA AIWW DESCRIPTION LENGTH (ft) 1 WIDTH (ft) 2 CROSSING NAME REACH SECTION TANGENT NORTH SOUTH EAST WEST Lockwoods Folly Inlet Cape Fear River- Little River 11 1600 7 1600 400 (650) 50 Notes: 1- Distance measured parallel to AIWW from approximate center of the inlet crossing 2 - Distance measured perpendicular to AIWW 3 - Width of main easterly widener toward inlet; number in parentheses is the length (parallel to AIWW) at the indicated width Source: Environmental Assessment. Channel Wideners at Inlet Crossings, Atlantic Intracoastal Waterway (AIWW), North Carolina. USACE Wilmington Distr1c4 Wilmington, NC. December 1997 As a result of the ongoing nature of local stakeholder projects, many studies of environmental effects have been conducted over time. These existing studies were obtained and summarized for the Major CAMA Permit for SDI -S Maintenance Dredging, (OBG, 2015). The Oak Island permit application will provide these same attachments, modified to include information specific to Oak Island: RECEIVED • Cultural Resource Assessment Ja Biological Assessment ■ Sediment Evaluation a Essential Fish Habitat Assessment AUG 2 8 ZM 4dGTOINI NC OBG I JULY 20, 2018I:\Oak-IslandT26719\63438.Dredge-Permit- A\Docs\Reports\Application\Project Narrative.docx To the extent practical, routinely scheduled dredging activity would be implemented during the environmental window for dredging and shoreline beneficial reuse that is used by the USACE Wilmington District for AIWW Crossing projects (November 16 to April 30) to limit the potential effect on federally -managed species. When navigational needs necessitate inlet and crossing maintenance operations outside the environmental window, dredges that are capable of nearshore or side -cast disposal would be used to avoid potential impacts from beneficial placement. Should beneficial placement be needed outside the environmental window, the permittee would independently coordinate with NCDCM through the minor permit modification process. OBG I JULY 20, 2018 A AUG 2 8 2018 0CM WILMINGTON, NC PAGE 2 I: \Oak -I stand -7.26719\63438. Dredge -Perm it- A\Docs\Reports\Application\Project Narrative. docx SCM EF4 APFUCATION for Maier Development Permit (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Town Of Oak Island Project Name (if applicable) Applicant 1: First Name Gene MI Last Name Kudgus Applicant 2: First Name MI Last Name MI If additional applicants, please attach an additional page(s) with names listed. Mailing Address 4601 E. Oak Island Drive PO Box City Oak Island State NC ZIP 28465 Country USA Phone No. 910 - 201 - 8043 ext. FAX No. 910 — 278 - 9556 Street Address (if different from above) City State 3214 Charles B. Root Wynd, Suite 130 ZIP Email stormwater@ci.oak-island.nc.us Raleigh NC 2. AgerWContractor information Business Name O'Brien & Gere Engineers, Inc. Agent/ Contractor 1: First Name MI Last Name Michael S Hall Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State 3214 Charles B. Root Wynd, Suite 130 Raleigh NC ZIP Phone No. 1 Phone No. 2 27612 919 - 987 - 3090 ext. - ext. FAX No. Contractor # 919 781 4360 Street Address (if different from above) City State ZIP Email Michael. Hall@obg.com <Form continues on back> 'x5�i.��I�ItLj AUG]2 8 2018 39CUMLNUNGTON, NC Form DCM MP -1 (Page 2 of 5) APPLICATION for Major Development Permit X Prujwt Low! County (can be multiple) Street Address State Rd. # Brunswick Lockwoods Folly Inlet, AIWW Crossing d. Approximate elevation of tract above NHW (normal high water) or Subdivision Name City State Zip e. Vegetation on tract Oak Island NC 28465 - Phone No. Lot No.(s) (if many, attach additional page with list) - - ext. , , , , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Lumber Lockwoods Folly Inlet, Atlantic Ocean, Lockwoods Folly (Attach zoning compliance certificate, if applicable) River, AIWW, Eastern Channel 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 Lockwoods Folly Inlet, Atlantic Ocean 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. Town of Oak Island A logo - E# a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 46,000 feet —46,000 ft x 150 ft = —7,000,000 square feet =— 160 acres c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NA, I I NWL (normal water level) (If many lot sizes, please attach additional page with a list) 5 feet (NAVD) ®NHW or ❑NWL e. Vegetation on tract Beach grasses, sea oats, and sedges. f. Man-made features and uses now on tract The tract includes public beach and man-made dunes. The beachfront is utilized for recreational activities. The inlet and AIWW are used for commercial and recreational boating and contain channel marking. The template begins near the west end of Oak Island, at the parking area inside the inlet. g. Identify and describe the existing land uses adjacent to the proposed project site. The existing land uses adjacent to the proposed project include single and multifamily residential properties, commercial businesses, and community access to the beach front. h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? Residential (7 -moderate density and 6A -higher density) (Attach zoning compliance certificate, if applicable) and Commercial Recreation (CR) ®Yes [:]No [INA 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 ❑NA If yes, by whom? See Attachment 5.1 -Cultural Resource Assessment for sections K and L. I. Is the proposed project located in a National Registered Historic District or does it involve a ®Yes ®No Det National Register listed or eligible property? C E 1 VE D AUG 2 8 2018 252-808-2808 .. 1-888-4RCOAST .. www.nccoastalmanaget,net 186FAI Ms 111I IGTON, NC Form DCM MP -1 (Page 3 of 5) <Form continues on next page> APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ❑Yes SNo (ii) Are there coastal wetlands on the site? ❑Yes SNo (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 storm water management or treatment systems. NA a. Will the project be for commercial, public, or private use? ❑Commercial SPublic/Government ❑Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Lockwoods Folly Inlet is a shallow -draft inlet that allows for various -sized vessels to navigate from the AIWW to the Atlantic Ocean for commerce, fishing, and recreation. Beach -quality material removed from the inlet that is beneficially placed on the neighboring beach will maintain recreational beach area, restore existing dunes, and provide storm protection to public and private infrastructure. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. For dredging with beneficial placement, typical beneficial placement methodology will be used, which includes using a cutterhead hydraulic dredge and pipeline to convey sediment to the beach, and using bulldozers, front-end loaders and other earth moving machinery to shape the sediment. For dredging without beneficial placement, dredges will be selected based on the following criteria: * Appropriate draft for inlet & channels * Exclusionary fittings for sea turtles and sturgeon (if hopper dredges are used that have sufficient suction head size and suction power to entrain sea turtles and sturgeon) " Sea -worthy beyond International Regulations for Preventing Collisions at Sea (referred to as COLREGS) demarcation line. d. List all development activities you propose. Dredging of the Lockwoods Folly Inlet, connecting channels, and AIWW Crossing will result in beneficial placement on Oak Island beaches, using previously -authorized beneficial placement locations from USACE and locally -permitted projects. e. Are the proposed activities maintenance of an existing project, new work, or both? Existing f. What is the approximate total disturbed land area resulting from the proposed project? The actual disturbed land area will be a summation of the locations within the channel that need to be dredged for navigation at a given time, and the volume of that material that is beneficially placed or disposed. See Figure 2 for potential on -shore disturbed land areas, and form MP - 2 for dredging dimensions. ❑Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area SYes ❑No ❑NA that the public has established use of? RECEIVED AUG 2 S 2018 252-808-2808 .. 1-888-4RCOAST .. www.nccoastaimanagement.net 11f'`AIA iA116 RAIN /1T- .,r im Form DCM MP -1 (Page 4 of 5) APPLICATION for Major Development Permit h. Describe location and type of existing and proposed discharges to waters of the state. Discharge of dredge slurry removed from the inlet/AIWW templates. 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 j. Is there any mitigation proposed? ❑Yes ®No ❑NA If yes, attach a mitigation proposal. <Form continues on back> 6. Ad NomW hifonnadw In addRirm b M is r r 1 F slid app&affan Awm (`Mf' 1) dee foitatrkV OF below, ayappfficabte, anW be sr ed in order for line appffcatbn padQW to be caorrplee. Hierns fa) — M are aMdys ID any rripcar dowelopaieW apple Please c msauif the Wpbrabon iesbzAch ott booklet on oto propediy prepare Me raqwedgem 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 Lloyd Jr and Pahicia Bu ngamer, Parcel ID. 233OA02402 Phone No. Address 1040 Cranes Creek Road, Cameron, NC 28326 Name David & Amy Dawson; Parcel ID: 250EA00102 Phone No. Address 1101 Firethorne Club Dr, Waxhaw NC 28173-6519 Nannie 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. NC DNR&CD issued concurrence letters to the USACE USACE Wilmington District consistency determination - Wilmington District - 1/12/1979 and 1/24/1980. Purpose: inlet 2/25/1980. Purpose: maintenance dredging within the AIWW maintenance dredging at Lockwoods Folly Inlet USACE Wilmington District consistency determination USACE Wilmington District consistency determination (8/4/1980) and Consistency concurrence issued by NCDNR (6/29/1984) and Consistency concurrence issued by NCDNR & CD (9/25/1980). Purpose: Lockwood Folly River AIWW & CD (7/16/1984). Purpose: adding an additional disposal Crossing project (dredging and upland disposal) area for dredging Lockwoods Folly Inlet NC DENR Permit #21-15 (2/13/2015) for Major Development in USACE consistency determination (2/17/15) and concurrence an Area of Environmental Concern pursuant to NCGS 113A- issued for Oak Island NC DENR Permit #21-15 (Action ID 118 and Excavation and/or filling pursuant to NCGS 113-229 No. SAW -2014-02180). (dredging of Lockwoods Folly Inlet and on -shore disposal). h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) RECEIVED AL!G 2 8 2018 252-808-2808 .. 1-888.4RCOAST .. www.nccoastalmanagement.net 00M' ILINANGTON, NC Form DCM MP -1 (Page 5 of 5) APPLICATION for Major Development Permit 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. _ i_1oE#dwvnLvd 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 Print Name Signature Please indicate application attachments pertaining to your proposed project. ®DCM MP -2 Excavation and Fill Information ❑DCM MP -5 Bridges and Culverts ❑DCM MP -3 Upland Development ❑DCM MP -4 Structures Information RECEIVED ^ 2$201 tb,r 'it i L34if i IN, N C 252-808-2808 .. 1-888-4RCOAST .. www,nccoastalmanagement.net 11 Form DCM MP -1 (Page 5 of 5) APPLICATION for Major Development 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 `7-i3-Zz>rPrint Name J>Ayt.0 KELLY iT,� Signature Please indicate application attachments pertaining to your proposed project. ®DCM MP -2 Excavation and Fill Information ❑DCM MP -5 Bridges and Culverts ❑DCM MP -3 Upland Development ❑DCM MP -4 Structures Information RECEIVED AUG 2 S 2018 J 0CM WILtMIN-TON, QVC 252-808-2808 .. 1-888-4RCOAST :. www-ncaoastain. annagement.net n W DCM MP -2 EXCAVATION AND FILL INFORMATION The following sections comprise application form MP -2. Dimension Lockwoods Folly Inlet Length AIWW: 7,700 ft Lockwoods Folly Inlet: 4,100 ft Width' AIWW: 90 ft Lockwoods Folly Inlet: 150 ft Approx. Maintained Navigation Area (Includes Wideners) —48 acres Average Existing Depth (Federally authorized depths) AIWW: -12 It MLW b. Type of material to be excavated Lockwoods Folly Inlet: -12 ft MLW Final Project Depth (Includes Allowable Over -depth) AIWW: -12+2 ft MLW coastal wetlands/marsh (CW), submerged Lockwoods Folly Inlet: -12+2 ft MLW 1.a. Excavation from below NHW or NWL in cubic yards AIWW: 100,000 (typical') Lockwoods Folly Inlet: 65,000 'See widener limit table in the Project Narrative for widener dimensions. Dimensions included in maintained navigation area. 2 Typical excavation in inlets assessed by analyzing USACE Wilmington District dredge plant records for the Fry and the Merritt from 2005-2012. Typical AIWW Crossing dredging volume provided by USACE Wilmington District personnel. 1. EXCAVATION a. Amount of material to be excavated from See table above for approximate typical excavation quantities, below NHW or NWL in cubic yards which were prepared based on SDI -5 maintenance dredging records provided by the USACE Wilmington District for dredge plants Fry and Merritt for fiscal year 2005 through 2012. Maximum excavation volumes will be event -specific and dependent on the amount of material that needs to be excavated to maintain navigation. b. Type of material to be excavated Sand c. Does the area to be excavated include Benthic habitats mapped in the vicinity of the project areas are coastal wetlands/marsh (CW), submerged depicted in the Essential Fish Habitat Summary figures aquatic vegetation (SAV), shell bottom (Attachment 5.4). (SB), or other wetlands (WL)? If so, None of the inlet excavation areas include CW, SAV, or WL. provide number of square feet affected, Because the Proposed Action entails maintenance of existing and the purpose of excavation in these navigation channels, the areas of shell bottom depicted in areas. Attachment 5.4 are not considered to be applicable within existing navigation channels. d. High ground excavation in cubic yards NA RECEIVED AUG 2 8 2 01 0CM WILMINGTON, NC OBG I JULY 20, 2018 FINAL 11 I:\Oak-Isla n d -T.26719\63438. Dredge -Perm it- A\Docs\Reports\Application\DCM MP -2 July 2018.docx a 2. DISPOSAL OF EXCAVATED MATERIAL a. and b. Location of & dimensions of disposal areas: The potential beach placement area begins on the west end of Oak Island at the western beach access (Parcel ID 2330A02402), and ends at McGlamery Street (Parcel ID 250EA00102) (Figure 1). The typical profile for the proposed placement comprises a berm width of 75-150 feet (depending on local erosion patterns) at an elevation of El. +6.0 NAVD, and a natural slope to existing grade. The proposed placement area is comprised of the following previously authorized projects, which have beneficially placed material in the footprint delineated on Figure 1. The total length of proposed beneficial placement area is approximately 46,000 feet. The length of actual beneficial placement in each event will be based on the volume of dredged material, but will typically be approximately 2,800 feet. ■ Oak Island Excavation and Sand Placement Project, GP -291 (NC DENR Permit #21-15), conducted by the Town of Oak Island. This includes dredging of Lockwoods Folly Inlet and placement of 226,575 cubic yards of fill along Oak Island beach. ■ Upland Disposal Site # AIWW DA 0268, existing diked upland disposal site recommended for use for incompatible material by USACE Wilmington District. Site is approximately 21.5 acres. • Lockwoods Folly Inlet & AIWW Crossing Maintenance Dredging and Beneficial Placement, conducted by the USACE Wilmington District. This includes near -shore disposal locations at approximately -10 ft MLW (see Figure 2). ■ Oak Island Sea Turtle Habitat Restoration Project, conducted by Oak Island, which includes placement of beach compatible sands to construct an 8,900 foot long main fill section between East 26th Place and East 58th Street. ■ Wilmington Harbor Navigation Project, conducted by the USACE, which included placement of approximately 2,318,400 cubic yards of material on Oak Island. c.(i) Do you claim title to disposal area? ❑ Yes Q No ❑ NA As part of completing the projects described above, the Town of Oak Island acquired easements from the affected properties for beneficial beach placement of dredged material. These easements are on file with the Town of Oak Island. The USACE Wilmington District has easements on file for the upland disposal site. The applicant will obtain a Consent Agreement from the USACE Real Estate Office prior to beginning construction. Should an easement be found to be problematic, the (ii) If no, attach a letter granting permission applicant will resolve the issue prior to beginning from the owner. construction. d.(i) Will a disposal area be available for future maintenance? 2 Yes ❑No ❑ NA ii If yes, where? Same locations 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 ❑ CW ❑ SAV ❑ SB number of square feet affected: ❑ WL 0 None _(ii) Describe the purpose of disposal in these areas: f.(i) Does the disposal include an area in the water? D Yes ❑ No ❑ NA The nearshore disposal area is approximately, 8,200 feet ii If es, how much water area is affected? longat Oak Island. ; t ! V b nr OBG I JULY 20, 2018 FINAL 12 �; I:\Oak-Isla i{�' 1 Q4&±PE�h*-. '.YC- A\Docs\Reports\Application\DCM MP-081618.docx 3. SHORELINE STABILIZATION Not applicable. 4. OTHER FILL ACTIVITIES Not applicable. S. GENERAL S.a. Retention of fill excavated material and erosion control measures Temporary in-situ sand berms and dikes will be used during beach placement to facilitate settlement and retention of sand on beach and also allow water to re-enter the Atlantic Ocean. S.b. Describe types of equipment to be used For dredging with beneficial placement, a cutterhead hydraulic dredge and pipeline, bulldozers, front- end loaders and other earth moving machinery will be used. For dredging without beneficial placement, dredges will be selected based on the following criteria: ■ Appropriate draft for inlet & channels ■ Exclusionary fittings for sea turtles and sturgeon (if hopper dredges are used that have sufficient suction head size and suction power to entrain sea turtles and sturgeon) ■ Sea -worthy beyond COLREGS line S.C. Will navigational aids be required as a result of the project Yes. Location management of U.S. Coast Guard (USCG) navigational aids will be by the USCG and will be coordinated prior to the commencement of maintenance dredging. Each applicant will coordinate aids placements with the USCG before, during and following a maintenance dredging event. 5.d Will wetlands be crossed in transporting equipment to project site No. From Form DCM MP -2 Date Applicant Name 9 i Z01 David Kelly If Project Name Si re Oak Island Maintenance Dredging -� is ?» a G G . PSCEIVED SEP 06 2018 0CM WILMINGTON, NC OBG I JULY 20, 2018 FINAL 13 I:\Oak-Isla nd-7.26719\63438. Dredge -Perm it- A\Docs\Reports\Application\DCM MP-081618.docx FIGURE 1 �UZMW�BwMds �Foll Service a community a E a m 0 U O J m C T O W N a 0 0 3 s U O J N MAINTENANCE DREDGING PERMIT APPLICATION PROJECT AREA MAP LOCKWOODS FOLLY INLET " TOWN OF OAK ISLAND, NC RECEIVED 63438 8127/2018 rai 0 1,000 2,000 4,000 6,000 8,000 AUG 2 8 2018 Feet �y}► � LJ it iY,I Wl Y R�Efl; ENjj'EERS, INC.