20181344 Ver 1_DCM Correspondence_20181116

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
NORTH CAROLINA.
Environmental Quality
November 16, 2018
O'Brien & Gere Engineers, Inc.
Mr. Michael Hall
3214 Charles B. Root Wynd, Suite 130
Raleigh, NC 27612
SUBJECT: Coastal Area Management Act (CAMA) Permit Application Submittal for
the Town of Oak Island, Brunswick County
Dear Mr. Hall:
This letter is in response to the above referenced CAMA permit application, which was accepted
as complete by the Division's Wilmington office on August 28, 2018. Processing of the
application is ongoing. However, it has been determined that additional information will be
required prior to the Division taking final action on your application. These required items are
summarized below:
1) The U.S. Army Corps of Engineers has stated by way of the attached email that the
proposed disposal site for non -beach compatible material needs to be revised and a
consent agreement granted by the U.S. Army Corps of Engineers.
Therefore, it is necessary that processing of your permit application be placed in abeyance to
address the requirements of the U.S. Army Corps of Engineers. Once we receive adequate
assurance from the U.S. Army Corps of Engineers that no further actions are necessary on the
part of the applicant, we will resume processing of your application.
If you can provide to this office the required information within three working days from the date
of this letter and the U.S. Army Corps of Engineers notifies us in writing that no further action is
required, DCM staff will continue processing of the application and the processing clock will not
be suspended. If the required information is not received in this office within the specified
timeframe, processing of the application will be suspended in accordance with 15A NCAC
07J.0204(d) until such time as the requested information is provided.
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215

If you have any questions concerning these matters, please feel free to contact me by telephone
at [phone], or by email me at [e-mail].
cc: MHC/WiRO Files
Liz Hair, USACE
Chad Coburn, DWR
Sincerely,
G�i2�G�72�/L� 60cr;14
Heather Coats
Beach & Inlet Management Project Coordinator
4, �DWQ
North Carolina Department of Environmental Quality I Dlvlslon of Coastal Management
Wilmington Otflce 1127 Cardinal Dove Extension I WIImington, Nath Carolina 28405
910.796.7215

Coats, Heather
From:
Hair, Sarah E CIV CESAW CESAD (US) <[e-mail]>
Sent:
Friday, November 2, 2018 4:17 PM
To:
Coats, Heather
Cc:
MacPherson, Tara
Subject:
[External] FW: CAMA Major/GP 291/ SAW-2018-01897?Town of Oak Island maintenance
dredge (UNCLASSIFIED)
CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an
attachment to Report Spam.<mailto:[e-mail]>
Please see comments from Navigation regarding the proposed maintenance dredging and beneficial placement activities
in Lockwoods Folly Inlet and Oak Island.
The applicant will need to contact our Navigation Branch to begin the consent agreement process.
Thanks,
Liz
-----Original Message -----
From: Arnette, Justin R CIV USARMY CESAW (US)
Sent: Friday, November 2, 2018 2:00 PM
To: Hair, Sarah E CIV CESAW CESAD (US) <[e-mail]>
Cc: HORTON, J TODD CIV USARMY CESAW (US) <[e-mail]>; Owens, Jennifer L CIV USARMY
CESAW (US) <[e-mail]>
Subject: RE: CAMA Major/GP 291/SAW-2018-01897?Town of Oak Island maintenance dredge (UNCLASSIFIED)
CLASSIFICATION: UNCLASSIFIED
Liz,
Per navigation's discussion with Legal, the applicant will have to get a consent agreement but not an MOA. They should
contact us to ensure that they collect the data that we will need to get the consent agreement. They will not be allowed
to use DA 286 as it is reserved for beach compatible material only and we would recommend DA 284 although it is up to
them to find a new suitable disposal area. As per the topsail inlet precedence, they will need to submit dredge plans to
us before dredging starts to allow us to confirm they are following the corps channel. Todd may also reply if he has
anything to add. thanks.
Justin
-----Original Message -----
From: Hair, Sarah E CIV CESAW CESAD (US)
Sent: Wednesday, October 24, 2018 1:00 PM
To: Arnette, Justin R CIV USARMY CESAW (US) <[e-mail]>; Doug Huggett
<[e-mail]>; ethan coble <[e-mail]>; fritz <[e-mail]>; HORTON,1 TODD

CIV USARMY CESAW (US) <[e-mail]>; kathy matthews <[e-mail]>; leigh
mann <[e-mail]>; matt creelman <[e-mail]>; NCDCR
<[e-mail]>; Owens, Jennifer L CIV USARMY CESAW (US) <[e-mail]>;
pace wilbur <[e-mail]>; pete benjamin <[e-mail]>; scott.d.mcaloon
<[e-mail]>; todd bowers <[e-mail]>; Twyla Cheatwood <[e-mail]>;
John <[e-mail]>; MacPherson, Tara <[e-mail]>; Coburn, Chad
<[e-mail]>; heather coats <[e-mail]>
Cc: Beecher, Gary H CIV USARMY CESAW (US) <Gary. H. Beecher@ usace.a rmy.mil>
Subject: CAMA Major/GP 291/ SAW-2018-01897?Town of Oak Island maintenance dredge
BVI
Pursuant to the CAMA-Corps Programmatic Permit process, the North Carolina Division of Coastal Management
(NCDCM) has forwarded to our office a copy of the CAMA permit application, Field Investigation Report and Bio Report
for the subject project. The attached notice requests federal agency comments on this project by November 23, 2018.
The Town of Oak Island is requesting a CAMA Major Permit to conduct maintenance dredging within the Lockwoods
Folly River and AIWW for navigation with associated beneficial placement of dredged material. Attached please find the
DCM Bio Report and application for the subject project. Also attached is a map of the proposed dredge and disposal
locations. The applicant proposes to mimic the depths and dimensions of the federally -authorized navigation project.
Please note that the Town of Oak Island was not included in the suite of permits authorized as a part of the SDI -5
projects in late 2015/2016. Dredging of the Lockwoods Folly Inlet and AIWW was authorized under the previous action
for the Town of Holden Beach, Corps Action ID: SAW -2014-02007. Consultations were completed under this action,
however did not include the placement of dredged material along Oak Island.
Below are the Corps initial determinations:
EFH: This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the Magnuson -Stevens Fishery
Conservation and Management Act. The Corps' initial determination is that the proposed project may adversely affect
EFH or associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils or the National
Marine Fisheries Service. The applicant has provided an EFH assessment and conservation measures to limit impacts on
EFH and confine the impacts to short-term, localized effects. This documentation is provided in the EFH assessment
(attached).
ESA:
USFWS: The Corps has reviewed the project area, examined all information provided by the applicant and consulted the
latest North Carolina Natural Heritage Database. Piping Plover and Red Knot: The project area includes designated
wintering habitat for piping plover and likely habitat for Rufa red knot (no critical habitat yet designated). The Corps has
determined that the project area may affect, likely to adversely affect piping plover critical habitat, and rufa red knot
individuals, therefore formal consultation for piping plover critical habitat and rufa red knot will be requested. Sea Beach
Amaranth: Formal consultation will be requested based on the likelihood of disposal operations to adversely affect
individuals and habitat. Sea Turtles: The applicant has initially proposed to conduct all nourishment operations within
the construction window for turtles to avoid nesting and hatching seasons. Based on these considerations and the
conservation measures proposed and potential beneficial effects of the nourishment portion, the Corps has determined
that the project may affect, not likely to adversely affect sea turtles. Manatee: Based on available information, the Corps
has determined that the project may affect but is not likely to adversely affect the West Indian manatee. The use of the
Manatee Guidelines will be required as a condition of this proposed action. The updated BA will be included in the
consultation request to the US FWS.

For species subject to the NMFS PRD purview: We believe this activity is covered by SARBO, and the Corps intends to
make compliance with the terms and conditions of the South Atlantic Regional Biological Opinion (SARBO) a condition of
the permit. ,
Cultural Resources: Pursuant to Section 106 of the National Historic Preservation Act (NHPA) of 1966, Appendix C of 33
CFR Part 325, and the 2005 Revised Interim Guidance for Implementing Appendix C, the District Engineer latest
published version of the National Register of Historic Places and initially determines that there may be historic
properties, and/or properties eligible for inclusion in the National Register, present within the Corps' permit area: The
applicant has provided a review of previously conducted cultural resource surveys, reports, and SHPO coordination
letters and the Corps has determined that the projects as proposes will result in no effect to the cultural resources
provided that the proposed work occurs in the authorized channels. The Proposed Action is maintenance dredging that
has been ongoing since the early 1980's (or earlier), and the dredge material will be disposed of in previously
authorized/used disposal sites. Identified shipwrecks will be avoided by dredging activities, and nearshore disposal will
improve preservation if burial occurs.
Section 408: Section 408 Coordination will be completed as required through the appropriate business lines.
Please contact me if you have any questions. Please provide comments as soon as you can or November 23, 2018
Liz Hair
Regulatory Project Manager
Wilmington District
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403
[e-mail]
910-251-4049
CLASSIFICATION: UNCLASSIFIED