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HomeMy WebLinkAbout20040561 Ver 2_Complete File_20050213o 1 T o Lot oEN?;osi MEMORANDUM ?i - TO: Ed Brooks/CAMA; Alan W. Klimek; DWQ CC: Jon Middleton; Village Manager FROM: Erik J. Olsen, P.E. DATE: 6 February 2006 RE: Bald Head Creek Dredging Project CAMA 62-05; DWQ #040561(M) Post Construction Submittals/Certification ?I0©s FFE g 20 ON. OF WATER QUALITy DIRECTOR'S OFFICE Enclosed please find the following attachments related to the above Project Permits: 1.) Pre and Post-construction dredging surveys performed by McKim & Creed, and 2.) A DWQ Certification form. In making this Certification we must bring to your attention the fact that although the project was successfully completed within the allotted time and in substantial compliance with the Permits and design documents, some level of minor over-dredging did occur (see post-construction survey). The design documents specified a design depth of -6.5 ft NGVD with the expectation of a one foot tolerance, mol. Both the CAMA permit and the DWQ Certification however, allowed a design depth of -6 ft MLW which is essentially -7.5 ft NGVD. If one assigned a one ft tolerance to the latter permitted depth, dredging should therefore not exceed -8.5 ft NGVD. As you will note from the AD survey, some depths exceeded the -7.5 to -8.5 NGVD elevation. In our opinion the survey indicates that such over-depths showed significant spatial variability which demonstrates that the dredgehead was not consistently set at too great a depth. Conversely, in some areas, the dredged depths were less than that allowed. Hence, on average the basic intent of the Permits was met. In this regard, the o l s e n contractor retained McKim & Creed to set three (3) tide boards in close proximity associates, inc. 4438 Herschel Street Jacksonville, FL 32210 (904)387-6114 Coastal Engineering r to the dredge area prior to initiating work. The dredge-ladder inclinator gage was calibrated to the vertically controlled staffs so that the leverman could adjust the cutterhead hourly. Essentially, it is our opinion that limited minor vertical over-depths may have resulted from: a. Adjustments made during dredging operations at night, b. Brief accentuated set downs in the local water level due to strong northerly winds associated with the passage of multiple fronts, and c. Potential bouncing of the cutterhead due to the influence of waves occurring at times of high water. We believe the contractor was diligent in the prosecution of the work. For example, when a small mud out-cropping was encountered along the north-west boundary of the excavated area, the leverman took quick evasive action and went around the feature. During the construction period, no violation of State turbidity standards occurred. Should you have any questions or concerns regarding these results please call me at your earliest convenience. Pursuant to the W.Q. Certification, the Applicant will initiate the post-construction monitoring agreed to by Permit. Thank you for your consideration in these matters. Enc/ -2- ' '0.8/10/2004. 11:27 91045200 ', r DWQ Project No.: 0 4 0 5 61 (M) LANDMANAGEMENT County; Brunswick PAGE 08/U8 Applicant: Village of Bald Head Island - Jon Middleton, Village Manager Project Name: Bald Head Creek Shoal Dredging Project Dato of Issuance of 401 Water Quality Certification: 9 December 2005 Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401/Wctlands Unit, North Carolina Division of Water Quality, 1621 Mail Service Center, Raleigh, NC, 27699-1621. This form may be returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, - - - - - - - - . hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Agent's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to bo built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Engineer's Certification Partial X Final I. R r i k ,T _ Olsen . as a duly registered Professional Engineer in the State of North Carolina, baying been authorized to observe (periodically, weekly, full time) the construction of the projectfor the Permittee hereby state that, to the best of my abilities; duo care and diligence was used in the observation of the construction such that the construction was observed to be built-wiffiT substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and'spac fica% o/Ad, rdrher suppor ' materials. Signature 4 - - - A_!? - Registration No. _ NC 15 6 2 6 Date 6 Mail to: 401 Wetlands Contact NC Dept. of Envk=m=t and Natural Resources 127 Cardnal Drive Ext. Wilmington, NC 28405-2004 ?DF WAS-, 9, Michael F. Easley, Governor ?O G William G. Ross, Jr., Secretary 7 North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director ;;.? Division of Water Quality December 9, 2005 The Village of Bald Head Island C/O Jon Middleton P.O. Box 3009 Bald Head Island, NC 28461 SUBJECT: Approval of 401 Water Quality Certification and Additional Conditions Dredge a portion of the shoal at the mouth of Bald Head Creek and place beach compatible sand on West Beach, Bald Head Island DWQ Project # 040561 modification Brunswick Countv Dear Mr. Middleton: You have our approval, in accordance with the attached conditions (WQC # 3400) to conduct the following activity: dredge a portion of the shoal at the mouth of Bald Head Creek and use the beach compatible material to re-nourish West Beach on Bald Head Island in Brunswick County. This approval allows ydu to: 1. Dredge an approximately 900-950 feet by 200 feet wide flaring to 275 feet wide (190,000 sf area) to a depth of -6 feet mean low water (MLW) on the Cape Fear River end using a hydraulic dredge; 2. The excavated beach compatible sand is to be pumped onto an 1,800 linear feet section of West Beach. This approval is only valid for the purpose and design that you described in your completed 401 Express application received by the Division of Water Quality (DWQ) on December 1, 2005. After reviewing your application, we have determined that General Water Quality Certification Number 3400 covers this activity. This Certification allows you to use your modified CAMA Permit (62-05) from the Division of Coastal Management (DCM) when it is issued. Please keep in mind that there may be additional Federal, State or Local regulations applicable to your project, such as (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations and Coastal Stormwater. In addition, this approval will expire when the accompanying CAMA Pen-nit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your original CAMA Major Permit application received by the Division of Coastal Management on March 12, 2004 and the modification requested through the 401 Express application received on December 1, 2005. If you change or modify your project, you must notify the Division (DWQ) in writing and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland impacts for this project (now or in North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone (910) 796-7215 Customer Servicel-877.623-6748 One Wilmington Regional Office Wilmington. NC 28405-3845 FAX (910) 350-2004 Internet: h2o.encstate.nc.us NorthCarolina An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper Nattrra!!rl Page Two The Village of Bald Head Island c/o Jon Middleton DWQ Project # 040561 mod December 9, 2005 the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification and the additional conditions listed below: 1. Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to this office and a copy to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650; 2. No excavation and no waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the CAMA Major Application. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur; 3. During excavation, sediment curtains shall be installed as needed in order to prevent violations of state water quality standards; 4. This certification is for a "one time dredging event" for the purpose of improving water quality in Bald Head Creek, class SA HQW waters. Any future dredging will not be considered maintenance by DWQ and will require a new 401 Water Quality Certification. A 401 WQC for future dredging will not be considered for the purpose of improving water quality unless the current project results in fecal coliform bacteria levels meeting Tidal Salt Water Quality Standards for Class SA Waters: NCAC 02B .0221(3)(d) that states the following: Organisms of the coliform group: fecal coliform group not to exceed a median MF of 14/100 and not more than 10 percent of the samples shall exceed an MF count of 43/100 ml in those areas most probably exposed to fecal contamination during the most unfavorable hydrographic and pollution conditions; 5. Provided that the project is complete by April 2006, post-project water quality sampling shall be initiated during May 2006 and continue through December 2006. The methods and parameters to be sampled during the post-project monitoring must be consistent with that detailed in the Baseline Report on Bald Head Creek Water Quality dated March 2004, prepared by Dr. Mike Malin's Aquatic Ecology Laboratory; 6. Post-project water quality sampling results must be submitted to this office by June 1, 2007; 7. A post-project dye tracer study to determine the tidal exchange rate of the creek subsequent to dredging must be implemented and the results submitted to this office within 1 year of project completion; Page Three The Village of Bald Head Island c/o Jon Middleton DWQ Project # 040561 December 9, 2005 S. Prior to initiating dredging activities, aerial photos of the existing shorelines and marsh configuration (clearly outlined) must be submitted to this office; 9. Post-project physical monitoring to determine if adverse impacts to the shoreline and marsh occurred as a result of the dredging must be conducted by aerial survey, and a monitoring report must be submitted to this office 6 months after project completion. Additional physical monitoring must take place annually for 2 years, with the second report submitted to this office 6 months after the first and the third report submitted 1 year after the second. Please notify this Office at the number listed below if any problem arises during the construction of the project that may affect water quality. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition conforming to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699- 6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the DWQ Permit #040561 modification under Section 401 of the Clean Water Act. If you have any questions, please telephone Joanne Steenhuis or Ed Beck at 910-796-7215. r' Sincerely, Alan W. Klimek, P.E., Director Division of Water Quality -'-? 1 r-, 1'1. Attachments: GC # 3400 Certificate of Completion ear,;; cc: Corps of Engineers Wilmington Field Office - Henry Wicker 401/Wetland Unit, Central Office - Ian McMillian CAMA WiRO - Ed Brooks CAMA Morehead - Doug Huggett Central Files WiRO gam. 4? 1 y"Ji .ice: r ?J 1i i i 401 Projects Subject: 401 Projects From: Patricia Collins <Patricia.Collins@ncmail.net> Date: Mon, 12 Dec 2005 14:03:45 -0500 To: Ian McMillan <Ian.McMillan@ncmail.net>, Cyndi Karoly <Cyndi.Karoly@NCMail.Net> The following projects have been issued 401 Permits: Camp Lejeune Berlley Manor, DWQ#: 2005 1936, Onslow County Kenny Johnson--c/o Homeboy Homes Carolina Beach Village Lot 17 DWQ #: 2005 1028, New Hanover County Kenny Johnson/Carolina Beach Village Lot #17, DWQ#: 2005 1157, New Hanover County Also a modified 401 Permit has been issue on the following project: Village of Bald Head Island, DWQ#: 2004 0561, Brunswick County Patricia Collins Administrative Assistant N.C. Department of Environment and Natural Resources Division of Water Quality - Surface Water Protection Section Wilmington, North Carolina Phone: 910-796-7217 Fax: 910-350-2004 1 of 1 12/12/2005 2:36 PM Laurie Dennison Modification of DWQ project # 04-0561 Going Express 401 @gV9D Q DEC 6 2005 DANK - WAl Eii DUA1 f ?SiCH 1;,'tN1=DS i1?D S1C??^' ?A'f EFL . of . r , g c-' 1 ` , ! ?? cri- _ 1 t La _? t Joanne Steinhaus, Express Permits Coordinator NCDENR 127 Cardinal Drive Extension Wilmington, NC November 29, 2005 Dear Ms. Steinhaus: In accordance with Section 15A NCAC 07J.0405 PERMIT MODIFICATION, The Village of Bald Head Island submitted a written request to modify CAMA permit # 62- 05, which pertains to the Bald Head Creek dredging project. The minor modification requested would allow the disposal site of beach quality material be changed from South Beach to West Beach. West Beach is located approximately 1,000 feet west of South Beach and is different in name only. This same area is a federal beach disposal area for beach quality material excavated from the Caper Fear River Channel (as authorized under the Wilmington Harbor Navigation Project). West beach has experienced significant erosion and the public beach in this area is non- existent during high-tide. It is the intention that sand placement in this area will provide a public beach as well as protect what remains of the beach dune and vegetation. Also, two emergency outfalls which were installed in this location in accordance with CAMA perniit #02-38 have become exposed due to the excessive erosion. The most beneficial use of the dredged beach quality material would be placing the sand in this area. I spoke with Ms. Noelle Lutheran about the modification and she notified me that the Division of Water Quality did not have a modification process for a 401 Water Quality Certification (WQC). She then informed me that a completely new 401 WQC would need to be applied for and that her future schedule would not permit an expedient review and subsequent issue of a new 401 WQC in time for the project start. After further discussion, Ms. Lutheran stated that I may want to use the Express Permit Review. Therefore, I submit this application to you today and ask that you approve a new 401 WQC for this minor modification request. All project specifications remain the same as were previously permitted under CAMA permit #62-05, USACOE General Permit 200400651 and DWQ Project # 040561 - 401 Water Quality Certification approval with conditions (WQC #3400). Again, the only modification requested is the location of the disposal site which will be shifted approximately 1,000 feet west. R0. BOX .3009 • 11;1LD HE.-11) LSLA.,VD, 1V'C 25401 • (WO 47-9700 • PAX (910) 4i7-6206 E-31. IIL: ri//a,c?hhi!ci'hc/lcutrt/r.nc?t • 11'I:RSITE: I have enclosed the appropriate design drawings for your review. Thank you for your timely consideration of this matter and I look forward to hearing from you soon. Si cerely, Jo a han Middleton Vi • ge Manager CC: Noelle Lutheran, Environmental Specialist III Office Use Only: Form Version March 05 USACE Action ID No. DWQ No. (it any particular item is not applicable to this project, please; enter "Not Applicable" or "N/A".) 1. Processing 1. Check all of the approval(s) requested for this project: ? Section 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ? 401 Water Quality Certification M Express 401 Water Quality Certification 2. Nationwide, Regional or Gcncral Permit Number(s) Requested: f le15L r6ert(E-4?1Uiu) 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? h JCL 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: ? nIGL. 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management A Environmental Concern (see the top of page 2 for further details), check II. Applicant Information DEC ??05 1. Owner/Applicant Information ,%?, ?t..tiY Name: Soncx+ a^ (Y)IJc1tethl-, - V? G?act L o+ sI A PICAXa s?'dt i:o 'rttt±?;t?r,r,l+ Mailing Address: • 0. Qo 300 %n mrtih , me, 2.Ry 1. I Telephone Numbcr:91d-4S7-5'100 F xNum cr:910-40-6ZO(o E-mail Address: ;YV is 1f-'0?nV hi e ???s0it??. hC 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority fo_r the Qwner/a licant.) Name: LarvA '(?ar?a! II rncnt. "L-,p r ??( Company Affiliation Mailing Address:_ I, Telephone Number: 1310-L$ Z-DW ? Fax Number: q 10- 4Sa -00 G Q E-mail Address: Page 5 of 12 III. Project Information J) 4 5 Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: W U t tat c ty 2. T.I.P. Project Number or State Project Number (NCDOT Only): n 0. 3. Property Identification Number (Tax PIN): r\?O _ Location County: ??ltV15 W 1 N Subdivision name (include phase/lot number):- Town: 60.k? gtaA _S_6Icl V Q_ 6. Property size (acres): Q p p r ? 0, OCR U Ci t ?pl L u,'J S 7. Name of nearest receiving body of water: RTT Q1n6L DC_eg ,n River Basin: C a D{- )Fevr R, V-ey - g o?SI n (Note - this must be one of North Carolina's seventeen designated major river basins. River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) The 9. Describe the existing conditions n the site and general. and use in the vicinity of the project at the time of this application: V, 6e 5tt 64t 4-?; -Wy Page 6 of 12 Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): ON °W yF of equipm nt to be used: 10. Describe the overall proje tin detail includin t Ley 11. Explain the pur?ose of the p?Q posed worl Oc> rreSpavld4vle.- LJITV) Eck 3 1 eL; ;1' IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segme is of the sa e TfI._P1 projec Flo g1w2 h construction schedules. All !3>rQ h OT fD VA 6 f ? Gi t?tf t?tti OI S ??1C ??101 ? V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide ?usj tfication fo the ah? elusion o??this work from the current application. 1- ?J Pleas rei'?r - fEx ? Il -- y d\ UJQC. , onn e Lr? i'L)Dn -l . VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written de1scri tion of the proposed imTacts. an ??ntiJ 1c A) a S "Y-bvh?d 9 ? ?? ? e, p r0 t ? [_ n Yv U rc_ I.t A V V u Page 7 of 12 1 1 IC, 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, senarately list imnacts due to both structure and flooding. Wetland Impact Site Number (indicate on map) Type of Impact Type of Wctland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 100-year Floodplain (cs/no Distance to Nearest Stream (linear feet) Area of Impact (acres) Total Welland Impact (acres) n I G?, 3. List the total acreage (estimated) of all existing wetlands on the property: la 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditch ing/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams mutt he included- To calculate acreage. multiply lencth X width, then divide by 43,560. Stream Impact Number (indicate on ma) Stream Name Type of Impact Perennial or Intermittent? Average Stream Width Before Impact Impact Length (linear feet) Area of Impact (acres) Total Stream Impact (by length and acreage) P4,, IJ? 6. -t'(E'4W%V%t 1?- Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but arc not limited to till. excavation- dredging. flooding, drainahe, bulkheads, etc. Open Water Impact Site Number (indicate on ma) Name of Waterbody (if applicable) Type of Impact Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) Area of Impact (acres) Total Open Water Impact (acres) Page 8 of 12 hla6. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Impact (acres): Wetland Impact (acres): Open Water Impact (acres : Total Impact to Waters of the U.S. (acres) Total Stream Impact (linear feet): 7. Isolated Waters Do any isolated waters exist on the property? ? Yes EN No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. rN1 ?OU 8. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankmcnt, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Current land use in the vicinity of the pond: Size of watershed draining to pond: Expected pond surface area: VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, disc}iss onstl Qn techniques to be followed during construction to reduce impacts. Phase fie(0 r b, '11. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. Page 9 of 12 USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/stnnaide.html. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if4nore, spare is nee?de_d, njo2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http://h2o.enr.state.nc.us/Nvm/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): Page 10 of 12 IX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federaUstate/local) funds or the use of public (federaUstate) land? Yes No K] 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083;e review current thresholds for en ironmental docymentatio Yes No ? an 1 C,y y?rD Cv1 l 1` 5s 51 ?-? Vq ?5 .??T r n+pU All ralev a s 11 6' f f d- F de p rO 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes M No ? n I o,-x. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. rJek1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No E] yl (C? 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Impact I Required Zone* r.__.. I Multiplier nA;t;..n,;nn 3 (2 for Catawba) 1.5 Total Zone 1 extends out 30 feet perpendicular from the top of the near bank of chamicl; Zone 2 extends an additional 20 feet from the edge of Zone 1. II (? 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 213.0242 or.0244, or.0260. Page 11 of 12 XI. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. (lane. N CL XH. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules? Yes ? No M Is this an after-the-fact permit application? Yes ? No 0 XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ? No 19 If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.ne.us/ric%ti-eti,mds. If no, please provide a short narrative description: XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-do«m schedules for lakes, dates associated with Endangered and eatened Species, accessibility problems, or other issues o is de ? the applicant's control. 0-f rtApi 5 ov-% ?YU G°5 5 ,r M 1'iY mo i i cCl a`o ILS ?-6 4 D ? QJ L . - e nom; 1112ci b; Applicant/Agent's Signature 1Date s signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 0? WA T?9pG 0? 1- Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E.,Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality July 20, 2004 The Village of Bald Head Island C/o Jon Middleton P.O. Box 3009 Bald Head Island, NC 28461 SUBJECT: Approval of 401 Water Quality Certification and Additional Conditions Dredge a portion of the shoal at the mouth of Bald Head Creek and place beach compatible sand on South Beach, Bald Head Island DWQ Project # 040561 Brunswick County Dear Mr. Middleton: You have our approval, in accordance with the attached conditions (WQC # 3400) to conduct the following activity: dredge a portion of the shoal at the mouth of Bald Head Creek and use the beach compatible material to re-nourish South Beach on Bald Head Island in Brunswick County. This approval allows you to: 1. Dredge an approximate footprint of 900-950 feet long and 200 feet wide flaring to 275 feet wide on the Cape Fear River end using a hydraulic dredge. An approximate 190,000 square feet of material is to be removed; 2. The excavated beach compatible sand is to be pumped onto an 1,800 linear feet section of South Beach, waterward of the existing sandbags. A portion of the material is to fill in the scoured area behind the sandbags and up to '/4 of the material is to be stockpiled for future erosion events. This approval is only valid for the purpose and design that you described in your completed CAMA application received by the Division of Water Quality (D«WQ) on April 5, 2004. After reviewing your application, we have determined that General Water Quality Certification Number 3400 covers this activity. This Certification allows you to use your CAMA Permit when the NC Division of Coastal Management issues it. Please keep in mind that there may be additional Federal, State or Local regulations applicable to your project, such as (but not limited to) Sediment and Erosion Control, Non- Discharge and Water Supply Watershed regulations and Coastal Stormwater. In addition, this approval will expire when the accompanying CAMA Permit expires unless otherwise specified in the General Certification. N. C. Division of Water Quality 127 Cardinal Drive Extension (910) 395-3900 Wilmington Regional Office Wilmington, NC 28405 (910) 350-2004 Fax Customer Service 1 800 623-7748 l 4 r*y NCDErla Page Two The Village of Bald Head Island c/o Jon Middleton DWQ Project # 040561 July 20, 2004 This approval is only valid for the purpose and design that you described in your completed CAMA Major Permit application received by the Division of Coastal Management on March 12, 2004. If you change or modify your project, you must notify the Division (DWQ) in writing and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland impacts for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification and the additional conditions listed below: 1. Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to this office and a copy to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650; 2. No excavation and no waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the CAMA Major Application. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur; 3. During excavation, sediment curtains shall be installed as needed in order to prevent violations of state water quality standards; 4. This certification is for a "one time dredging event" for the purpose of improving water quality in Bald Head Creek, class SA HQW waters. Any future dredging will not be considered maintenance by DWQ and will require a new 401 Water Quality Certification. A 401 WQC for future dredging will not be considered for the purpose of improving water quality unless the current project results in fecal coliform bacteria levels meeting Tidal Salt Water Quality Standards for Class SA Waters: NCAC 02B .0221(3)(d) that states the following: Organisms of the collform group: fecal coliform group not to exceed a ntedian AfF of 141100 and not more than 10 percent of the samples shall exceed an ,1:MF count of 431100 ml in those areas most probably exposed to fecal contamination during the most unfavorable hydrographic and pollution conditions; 5. Provided that the project is complete by April 2005, post-project water quality sampling shall be initiated during May 2005 and continue through December 2005. The methods and parameters to be sampled during the post-project monitoring must be consistent with that detailed in the Baseline Report on Bald Head Creek mater Quality dated March 2004, prepared by Dr. Mike Malin's Aquatic Ecology Laboratory; 6. Post-project water quality sampling results must be submitted to this office by June 1, 2006; 7. A post-project dye tracer study to determine the tidal exchange rate of the creek subsequent to dredging must be implemented and the results submitted to this office within 1 year of project completion; Page Three The Village of Bald Head Island c/o Jon Middleton DWQ Project # 040561 July 20, 2004 8. Prior to initiating dredging activities, aerial photos of the existing shorelines and marsh configuration (clearly outlined) must be submitted to this office; 9. Post-project physical monitoring to determine if adverse impacts to the shoreline and marsh occurred as a result of the dredging must be conducted by aerial survey, and a monitoring report must be submitted to this office 6 months after project completion. Additional physical monitoring must take place annually for 2 years, with the second report submitted to this office 6 months after the first and the third report submitted 1 year after the second. Please notify this Office at the number listed below if any problem arises during the construction of the project that may affect water quality. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition conforming to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the DWQ Permit #040561 under Section 401 of the Clean Water Act. If you have any questions, please telephone Noelle Lutheran or Rick Shiver at 910-395-3900. Sincerely, Alan W. Klimek, P.E., Director Division of Water Quality Attachments: GC # 3400 Certificate of Completion cc: Land Management Group - Christian Preziosi Corps of Engineers Wilmington Field Office - Henry Wicker WiRO- Noelle Lutheran 401/Wetland Unit, Central Office - Cyndi Karoly CAMA - Ed Brooks CAMA Raleigh - Doug Huggett Central Files WQC #3400 CAMA PERMIT CERTIFICATION GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS GENERAL PERMIT NUMBER 198000291 (ISSUED TO THE NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES) This General Certification is issued in conformity with requirement of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality Regulations in 15 NCAC 2H, Section .0500 and 15 NCAC 2B .0200 for the discharge of fill material as described in General Permit 198000291 and for the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 2B .0200. This Certification replaces Water Quality Certification Number 3025 issued on September 6, 1995, Water Quality Certification Number 3112 issued on February 11, 1997, Water Quality Certification Number 3274 issued June 1, 2000 and Water Quality Certification Number 3371 issued March 18, 2002. This WQC is rescinded when the Corps of Engineers re-authorizes Regional General Permit 0291 or when deemed appropriate by the Director of DWQ. The State of North Carolina certifies that the specified category of activity will not violate applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217 if conducted in accordance with conditions hereinafter set forth. Conditions of Certification: 1. Activities authorized by CAMA major permits require written concurrence from the Division of Water Quality as well as compliance with all conditions of this General Certification; 2. Activities authorized by Coastal Area Management Act (CAMA) Minor or General Permits do not require written authorization from the Division of Water Quality as long as they comply with all other conditions of this General Certification; In accordance with North Carolina General Statute Section 143-215.3D(e), any request for written concurrence for a 401 Water Quality Certification must include the appropriate fee. If a project also requires a CAMA Permit, one payment to both agencies shall be submitted and will be the higher of the two fees. The fee shall be collected and distributed between the two agencies in accordance with agreements reached between the Division of Water Quality and the Division of Coastal Management; In accordance with 15A NCAC 2H .0506 (h) compensatory mitigation may be required for impacts to 150 linear feet or more of streams and/or one acre or more of wetlands. In addition, buffer mitigation may be required for any project with Buffer Rules in effect at the time of application for buffer impacts resulting from activities classified as "allowable with mitigation" within the "Table of Uses" section of the Buffer Rules or require a variance under the Buffer Rules. A determination of buffer, wetland and stream mitigation requirements shall be made for any Certification for this Nationwide Permit. The most current design and monitoring protocols from DWQ shall be followed and written plans submitted for DWQ approval as required in those protocols. When compensatory mitigation is required for a project, the mitigation plans must be approved by DWQ in writing before the impacts approved by the Certification occur. The mitigation plan must be implemented and/or constructed before any permanent building or structure on site is occupied. In the case of public road projects, the mitigation plan must be implemented before the road is opened to the travelling public; WQC #3400 5. Compensatory stream mitigation shall be required at a 1:1 ratio for not only perennial but also intermittent stream impacts that require application to DWQ in watersheds classified as ORW, HQW, Tr, WS-1 and WS-11 unless the project is a linear, publicly- funded transportation project, which has a 150-foot per-stream impact allowance; 6. Impacts to any stream length in the Neuse and Tar-Pamlico River Basins (or any other major river basins with Riparian Area Protection Rules [Buffer Rules] in effect at the time of application) requires written concurrence from DWQ in accordance with 15A NCAC 26.0200. New development activities located in the protected 50-foot wide riparian areas (whether jurisdictional wetlands or not) within the Neuse and Tar- Pamlico River Basins shall be limited to "uses" identified within and constructed in accordance with 15A NCAC 2B .0200. All new development shall be located, designed, constructed, and maintained to have minimal disturbance to protect water quality to the maximum extent practicable through the use of best management practices. Activities listed as "exempt" from these rules do not need to apply for written concurrence under this Certification; 7. All sediment and erosion control measures placed in wetlands or waters shall be removed and the original grade restored after the Division of Land Resources has released the project; 8. If an environmental document is required, this Certification is not valid until a Finding of No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State Clearinghouse; That appropriate sediment and erosion control practices which equal or exceed those outlined in the most recent version of the "North Carolina Sediment and Erosion Control Planning and Design Manual" or the "North Carolina Surface Mining Manual" whichever is more appropriate (available from the Division of Land Resources (DLR) in the DENR Regional or Central Offices) shall be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to assure compliance with the appropriate turbidity water quality standard; 10. Measures shall be taken to prevent live or fresh concrete from coming into contact with freshwaters of the state until the concrete has hardened; 11. Additional site-specific conditions may be added to projects which have applied for CAMA major permits which are proposed under this Certification in order to ensure compliance with all applicable water quality and effluent standards; 12. When written concurrence is required, the applicant is required to use the most recent version of the Certification of Completion form to notify DWQ when all work included in the 401 Certification has been completed; 13. Concurrence from DWQ that this Certification applies to an individual project shall expire three years from the date of the cover letter from DWQ or on the same day as the expiration date of the corresponding General Permit 198000291, whichever is sooner. Non-compliance with or violation of the conditions herein set forth by a specific fill project shall result in revocation of this Certification for the project and may result in criminal and/or civil penalties. WQC #3400 The Director of the North Carolina Division of Water Quality may require submission of a formal application for individual certification for any project in this category of activity that requires written concurrence under this certification, if it is determined that the project is likely to have a significant adverse effect upon water quality or degrade the waters so that existing uses of the wetland or downstream waters are precluded. Public hearings may be held for specific applications or group of applications prior to a Certification decision if deemed in the public's best interest by the Director of the North Carolina Division of Water Quality. Effective date: March 2003 DIVISION OF WATER QUALITY By Alan W. Klimek Director WQC # 3400 DWQ Project No.: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: County: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1621 Mail Service Center, Raleigh, NC, 27699-1621. This form may be returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Agent's Certification 1 , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Engineer's Certification Partial Final I , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project,for the Pernuttee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature Registration No. Date Mail to: 401 Wetlands Contact NC Dept. of Environment and Natural Resources 127 Cardnal Drive Ext. Wilmington, NC 28405-2004 NC®ENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary April 28, 2005 Village of Bald Head Island P.O. Box 3009 Bald Head Island, NC 28461 Dear Sir: The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. Please sign both the original (buff- colored form) and the copy. Return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. Please retain the original (buff-colored form), as it must be available on site when the project is inspected for compliance. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A- 121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance require additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it is to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Sincerely, P1, I Douglas V. Huggett Major Permits and Consistency Manager Enclosure 400 Commerce Avenue, Morehead City, NC 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer - 501% Recycled \ 10% Post Consumer Paper Perrlit Class NEW STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Permit Number 62-05 Coastal Resources Commission 4a " erintt for X Major Development in an Area of Environmental Concern pursuant to NCGS 1 13A-1 18 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Village of Bald Head Island, PO Box 3009, Bald Head Island, NC 28461 Authorizing development in Brunswick County at Bald Head Creek, Village of Bald Head Island , as requested in the permittee's application dated 3112104. incl. att. plan dwes (8). 5 of 7 dated 2/16/04, 1-4, 6, 7 of 7 dated 4/12/04, Al dated 1/21/04, letter dated 3/9/04 and AEC Hazard Notice dated 4/26/05. This permit, issued on April 28, 2005 , 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) The permittee shall fully implement the water quality monitoring program as described in the Environmental Assessment prepared for this project, except as modified by the Division of Water Quality's water quality certification issued for this project. 2) This permit authorizes a one-time only dredge event. Future dredging requests shall require a major modification of this permit. Review and approval of such future events shall be based in part on results of the water quality monitoring plan referenced in Condition No. I of this permit. (See attached sheets for Additional Conditions) This permit action may be appealed by the pennittee 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, 2008 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. ?? harles S. Jones, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Vilfabe of Bald Head Island ADDITIONAL CONDITIONS Excavation Permit # 62-05 Pabe 2 of 3) In order to protect endangered species and juvenile shrimp and finfish populations, no excavation or filling shall be permitted between February 1 and November 15 of any year without the prior approval of the Division of Coastal Management, in consultation with the Division of Marine Fisheries and U.S. Army Corps of Engineers. 4) Excavation shall not exceed -6 feet below the nonnal low water level. In no case shall the depth of excavation exceed the depth of connecting waters. 5) No vegetated wetlands or submerged aquatic vegetation (SAVs) shall be excavated or filled. 6) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not authorized. NOTE: The pennittee's contractor is advised to contact the U.S. Coast Guard at (910) 815-4895, ext. 108 to discuss operations and appropriate lighting, markers, etc. for all dredge equipment. Beach Renourishment 7) In order to protect threatened and endangered species and to minimize adverse impacts to intertidal and beach resources, no beach renourishment activities shall occur from May 1 to November 15 of any year without prior approval from the North Carolina Division of Coastal Management in consultation with the NC Wildlife Resources Commission and the U.S. Army Corps of Engineers. 8) 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, including but not limited to placement of stockpiled materials on the beach, shall require a modification of this permit. 9) Prior to the initiation of any beach nourishment activity above mean high water (MHW), easements or similar legal instruments shall be obtained from all affected property owners. 10) Only beach quality sand shall be used for beach renourishment purposes. For the purposes of this permit, beach quality sand is defined as being compatible with native grain size or sorting characteristics of the native beach. 11) Should the dredging operations encounter sand deemed non-compatible with native grain size or sorting characteristics of the native beach, the dredge operator shall immediately cease operation and contact the NCDCNI for consultation with appropriate review agencies. Dredge operations shall resume only after resolution of the issue of sand compatibility. 1?) All material shall be clean and free of pollutants and highly erodible finer material, except in trace quantities. 13) No beach bulldozing or sand stockpiling activities shall be conducted below the existing mean low water line. Village of Bald Head Island ADDITIONAL CONDITIONS Permit # 62-05 Page 3 of 5 14) 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. 15) During and after construction, a uniform gradual slope shall be maintained between the mean high water and mean low water elevation contours so as not to endanger the public or interfere with the public's use of the beach. 16) Any dunes created by the authorized project shall be stabilized with appropriate vegetation as soon as possible after project completion. 17) Should the work result in any damage to existing beach access areas, the accesses shall be restored to pre-project conditions immediately upon project completion in that specific area. 18) Disturbance of existing dunes shall be kept to a minimum. Any alteration of existing dunes shall be coordinated with the Division of Coastal Management as well as the pertinent property owner. All disturbed areas shall be restored and revegetated immediately following project completion in that specific area. 19) All work shall be accomplished in such a manner that damage to existing dune or beach vegetation is minimized. EndanV,ered Species Protection 20) Immediately after completion of beach nourishment activities, monitoring shall be conducted to detennine if escarpments are present that would affect nesting sea turtles or public access. If such escarpments are present, the permittee shall immediately coordinate with the Division of Coastal Management to detennine if remedial actions are necessary. 21) The permittee shall survey the beach disposal area for Sea Beach Amaranth (Amaranthus pumilus) prior to the disposal of the dredged material. If any plants are found the permittee shall contact the US Army Corps of Engineers and the US Fish and Wildlife Service in order to develop an acceptable course of action for protecting this species. 22) All necessary precautions and measures shall be implemented so that the permitted project will not kill, injure, capture, pursue, harass, or otherwise harm any protected federally listed species (sea turtles, whales, manatee, shortnose sturgeon, and piping plover). While accomplishing the authorized work, if the permittee discovers or observes a damaged or hurt listed endangered or threatened species, the U.S. Army Corps of Engineers shall be immediately notified so that required coordination can be initiated with the U.S. Fish and Wildlife Service and/or National Marine Fisheries Service. Village of Bald Head Island ADDITIONAL CONDITIONS Permit # 62-05 Page 4 of 5 23) The permittee shall coordinate with the North Carolina Wildlife Resource Commission Sea Turtle Volunteer Program, at (252) 728-1528, to develop a final sea turtle monitoring plan. This monitoring plan shall address potential effects on nesting sea turtles after initial sediment disposal occurs. This plan shall be finalized and submitted to the Anny Corps of Engineers and the Division of Coastal Management prior to November 15, 2005. Sedimentation and Erosion Control NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must be filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this plan to the Department of Environment and Natural Resources, Land Quality Section, 127 Cardinal Drive Extension, Wilmington, NC 28405. General 24) Unless specifically altered herein, any mitigative measures or environmental commitments made by the applicant in the Environmental Assessment for this project shall be implemented, regardless of whether or not such commitments are addressed by individual conditions of this permit. 25) The permittee and/or his contractor shall schedule a pre-construction conference with a Division of Coastal Management representative prior to the initiation of any permitted activities. 26) No attempt shall be made by the permittee to prevent the full and free use by the public of all public trust waters at or adjacent to the authorized work following project completion. 27) The pcrmittee and/or his contractor shall provide for proper storage and handling of all oils, chemicals, etc., necessary to carry out the permitted project. 28) 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. 29) In issuing this permit, the State and Federal Governments do not assume any liability for the following: a. Damages to other permitted or unpermitted activities or structures caused by the authorized activities. b. Damage claims associated with any future modification, suspension or revocation of this permit. c. Damages to other permitted or unpermitted activities or structures caused by the authorized activity. d. Design and construction deficiencies associated with the penmitted work. e. Damage claims associated with any future modification, suspension, or revocation of this permit. Village of Bald Head Island ADDITIONAL CONDITIONS Permit # 62-05 Page 5 of 5 30) The pennittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this pen-nit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee shall be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 31) If cultural resources are encountered during the operation, the permittee shall immediately contact the Division of Coastal Management and the Corps of Engineers so that coordination can be initiated with the Underwater Archeology Unit (UAU) of the Department of Cultural Resources. In emergency situations, the permittee shall immediately contact the UAU at (910) 458-9042, so that a full assessment of the artifacts can be made. 32) The N.C. Division of Water Quality has authorized the proposed project under General Water Quality Certification No. 3274 (DWQ Project No. 0450561), which was issued on 7/20/04. Any violation of the permit approved by the DWQ shall be considered a violation of this CAMA pen-nit. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this pen-nit. Contact a representative of the Division at (910) 395-3900 prior to the commencement of any such activity for this determination. The permittee is further advised that many non-water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: The permittee is reminded that Permit No. 151-84 limits the number of docking facilities constructed within Bald Head Creek. Nothing in this permit should be construed as altering the conditions of Permit No. 151-84. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 200400651. NOTE: The pennittee is advised that the Division of Coastal Management will 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. DEPARTMENT OF THE ARititY NVILDIINGTON DISTRICT, CORPS OF ENGIIS-EERS P.O. BOY 1890 WILiVIINGTON. NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF: May 6, 2005 Regulatory Division Action ID No. 200400651 and State Permit No. 62-05 Village of Bald Head Island Post Office Box 3009 Bald Head Island, North Carolina 28461 Dear Madam or Sir: Reference your application for a Department of the Army permit to dredge a portion of the shoal at the mouth of Bald Head Creek for the purpose of enhancing the tidal exchange between the creek and the adjacent Cape Fear River and using the excavated material for beach nourishment on South Beach, Bald Head Island, Brunswick County, North Carolina Your proposal has been reviewed and found to be consistent with the provisions and objectives of general permit No. 198000291. Therefore, you may commence construction activity in strict accordance with applicable State authorization and the approved plan (enclosed). Failure to comply with the State authorization or conditions of the general permit could result in civil and/or administrative penalties. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Questions or comments may be addressed to me at the Wilmington Field Office, Regulatory Division, telephone (910) 251-4930. Sincerely, Henry Wic r Regulatory Project Manager Sent By: LAND MANAGEMENT; g10 452 0060 ; Feb-2-04 11:17AM; Page 2/2 W ? 0 ? xsss 9f?1 8r , .ifs. 2s+u C;W SGY?ca.. K :a Ja05 1xvP1&.dmw ,.5 gw,m, I '?F ?:.?.s?, ?W Z5403 AGENT DISCLOSURE FORM TOW OM IT MAY CONCERN: I/we, the undersigned, hereby authorize Land Management Group, Inc., to act as our agent in the preparation and representation of information submitted within the 404/401 and/or CAMA applications and/or septic permits. All questions in regards to this application should be directed to Land Management Group, Inc. Sincerely, K.-? ?Uu?tYv c? ?'? CJ v? n T/A,, icant 30 '0? ate -V S'l 114 23 COL BEGS DE.NARCA ION LINE ' ?r. SO; PORT a %? A\ 805758 (see nose A) ?[L ?+ °r o ?? rwr. y ? G\C I',• yro ice:'' ?+ ..0 - ar.h ?? ?' •EA 11 N f l f ?",?.. ? M1,,•ff Lf'" CA U I ? - '? \. . SSA / ,•F1 fi,?'<<°\?/v\2 w.,ro?E Inlerl l??Oo '? 22 j0 3 Or . •a I 33 s.e. ?0"3 13 4 ?0 f ' I! o 13 BALD HEAD CREEK Vi" [ FI -0 * z '_ *146, 26 ,- S / 21 DREDGING SITE '??±? 9 2 PA B ??,f?(. Z ?j ) 1 19 11 13 1`•?11i37'4zy.t) SLrsp'krl?' u..n / fs ?N 1 G25Nx •YP- S 5 la3 ?II? •• 1N 2.SaeG'T PA ' 32 / d5,?a^y If, .71 Pry mama 23 j II ! 9 ?9 S R13, , y N?? I ? 11 ?S 33 7 H 1,7 ,fr 2 n? D.IdH..d r.? 72' 7 ' s BALD HEAD ISLAND 1 fl 23 BEACH DISPOSAL SITE ;?: °'? * =5. 3L I.UcS a. ? r Ass,, ;? (dIDW BEACH) 1? 1 S 11 21 3 23 .? 7192 ti'APF? FE 1 'zs .e 1 j33 11p 21 ?l Fr1 ?8?.;.7124 ?t TL 16 ? M 5:?-??Y T I '/1 J1 OCEAN TACK o. ??/r_ .'- FIRLFRIb hVt ?? OOLING TAS ! l ', ?I The 27'41{[' .' ?? TANK APPLICANT: 4. Is VILLAGE OF BALD HEAD ISLAND p„c ?? B RL ?1 1 L t {r. 4 DATE. APPROVED REVISION DATE'. .j?. T = Olsen BALD HEAD CREEK S RE O ECT 119w Ego REV t 04/12/02 associates, inc. hOAL D DGING PR J DRAWN BY `' 4438 Herschel Street S. H. Jacksanvll FL 3221 PROJECT LOCATION (904) 387-6tia SHEET (Fa.) 384-7368 1 of 8 /111, N APPLICANT: VILLAGE OF BALD HEAD ISLAND , ,I p ? r ? +=??. yam. ?;r v ? t '? T-. ? '511 \ :. 1' 11 X.1, ? .b ter: GJ? ;L,• G'` .A. TEMPORAR ? ? J f DISPOSAL AREA »y (SEESHE,'T!5) [[Z «. Y; zrcco- 3t e r F Wyk NOT FOR PURPOSES OF CONSTRUCTION SURVEY DATUM: NGVD SURVEY DATE: 9-5-00 PHOTOGRAPHY DATE: 9-18-99 SCALE 0 150 300 FEET SURVEY: BRUNSWICK SURVEYING, INC. DATE 4FPR04 ED REl'IjiON DATE Ol sen BALD HEAD CREEK v504 E J O. REV 2 04/12/02 ' ? SHOAL DREDGMG PROJECT . BSSOCIBtes, Inc. DPFV:N5Y 4438 He,schel Street r` L 322,0 EE C S T S. H. = G I R K E CONDITIONS ( o4j 39?-07i4 ' SHEET ??`?.•.- '``? fFoxi 384-7309 8 2 OF ssvG? z `y Z '0 H0t/38 1S3M lt/ vqu-m ratste£(zas! r =' 133HS iN3N30tfld lIOdS d0 NOUVO01 lW MU-Wolwwowur ? iBGAS 104=OH B£VO k - - A73 NMd63 103Mfd ONIJa3Na lVOHS 'Oui'sojegosse SO?Z LSO I ms soda Q3loaddY ors co iao z, N33b0 ad3H Oltf8 uas Q I 7ro M075Yl3 31vo r ' p Z O L .tiy1 ?7 1" x: rrt'Jyfi 7, 1 ? f,j j £ 7 1 Cn a? s ?- 00 n u C -4 00 AI mm oD ncr 00 0 AIL ?Cn -n `qy+oa cn> r s + , i too O xm LA D +'' i:11 , J 0 l w T'•*J? n r ! U C < O 0 ?rh? > ?z ,S l ?1 +OlYL a sy , t V,f 7' co 0 -0 -u Y4 oD= cn m +oq ?? ,? .'? 4 x >mD> d< ;, JC' e. sr `fit s g ?> 7 0 34 DAM APPROVED RENSION UATC: o sen BALD HEAD CREEK 12 OCT es EJO nIt TMFETE 10/12/05 associates, inc. SHOAL DREDGING PROJECT DRAWN Dy. 4438 Herschel Street M L Ja&wMle. FL 32210 (904)387.6114 (" • ,? TYPICAL WEST BEACH SHEET ? _ (Fax) 3847368 FILL TEMPLATE AR. Land Managernent Group, Inc. ` nvirontrtental Consultants Post Office BoX2522 `Vilrnir&ton, k!orth Carofina 28402 Telephone: 910-452-0001 .ain Office: Suite 15 Downey BrartJ Office Park 3805 gvrig(ttsvifle.`tvenue gViCmington, NC28403 Ms. Noelle Lutheran NCDENR- Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405-3845 June 2, 2004 RE: Bald Head Creek Shoal Dredging Project (Brunswick County, NC) DWQ Project # 040561 Dear Noelle: Brancfii Ofgrc: P.O. Box1120 504 Croatan Street 5 'llanteo, NC27554 P[tv rte: 252-473-3400 Thank you for reviewing and providing comment on the CAMA Major Permit submittal for the proposed dredging of the shoal located at the mouth of Bald Head Creek. The following is provided in response to your request for additional information (DWQ correspondence dated May 19, 2004): (1) The primary goal of the project is to help alleviate documented water quality impairments (particularly high fecal coliform concentrations) within Bald Head Creek via the increased tidal exchange achieved through shoal excavation. The secondary goal is to mitigate the loss of beachfront on South Beach via the disposal of material along 1,800 If of shoreline. The need to remedy aggravated erosion in this location has become increasingly important during the course of the project EA and permit review process. With respect to water quality objectives, the Village of Bald Head Island has contracted with Dr. Michael Mallin of the University of North Carolina at Wilmington to document the effects of shoal excavation on a suite of parameters detailed in the project EA. Sampling procedures/methodology and pre-project results are also detailed in the enclosed baseline water quality report prepared by Dr. Mallin's Aquatic Ecology Laboratory.' Provided the project is completed by April 2005, post-project water quality sampling will be initiated during May 2005 and continue through December 2005. The methods and parameters to be sampled during post-project monitoring will be consistent with that detailed in the attached report In addition, the Village of Bald Head Island will be implementing a post-project dye tracer study to determine the tidal exchange rate of the creek subsequent to dredging. It is anticipated that this will be a one-time dredging event. Therefore, specific thresholds or success criteria are not proposed at this time. Post-water quality monitoring will provide more than enough of information from which to evaluate the effectiveness of the project. Two key parameters to analyze will be the percent increase in the tidal exchange rate (obtained through dye-tracer studies) and the percent decrease in fecal coliform concentrations. Previous dye- tracer studies have demonstrated a mean flushing rate of 25% within Bald Head Creek. It is anticipated that this project may yield a 101/6 or greater increase in tidal exchange rates. In addition, the project will likely produce a significant decrease in fecal coliform concentrations as observed between pre- and post-project monitoring. It is anticipated that fecal coliform counts will decrease to concentrations considered safe for shellfishing at various sampling stations within the creek. (2) No benthic monitoring is proposed for the disposal of material on South Beach. The proposed disposal area is located within a portion of the beachfront that received approximately 1.6 M cy of sand as part of the Wilmington Harbor Deepening Project in 2001. Pre-project and post- project benthic monitoring has been conducted along this section of shoreline (encompassing the proposed disposal area). Further nourishment of this area is expected to be conducted by the US Army Corps of Engineers (USACE) during the winter of 2004/2005. In addition, there is aggravated erosion in this area contributing to the instability of the beachfront habitat The proposed placement of material representing only a fraction (<2%) of the quantity placed by the USACE poses no additional threat to benthic habitat. In light of all these considerations, no further monitoring is proposed. Pending the timing of permit issuance, the Village is anticipating the dredging to be initiated sometime after November 15, 2004. All dredge and fill activities will be confined to the acceptable window of November 15th to April 1St. (3) Post-project physical monitoring will be conducted by aerial survey occurring on at least annual intervals to determine any changes in shoreline or marsh configuration subsequent to dredging. It is understood that DWQ will permit only a "one time dredging event' and that subsequent dredging authorization will be provided only upon demonstration that no adverse impacts occurred as a result of the initial dredging. The Village does not at this time anticipate conducting any further dredging within this location upon completion of the proposed project. I hope that the information provided above is of assistance for your review of the CAMA Major Permit application. Please feel free to contact me at (910) 452-0001 if you have any additional questions or comments regarding the proposed project activities. Thank you for your attention to this project. Sincerely, Land Management Group, Inc. fj/l l?? ? 1 i r Christian Prezio Environmental Sci fist encl. cc. Ms. Cyndi Karoly - Wetlands Unit, Raleigh Ms. Heather Hardee -Village of Bald Head Island Mr. Erik Olsen - Olsen Associates, Inc. .11 PROJECT NARRATIVE BALD HEAD CREEK SHOAL DREDGING PROJECT THE VILLAGE OF BALD HEAD ISLAND (APPLICANT) The Village of Bald Head Island (BHI) proposes to dredge a portion the shoal located at the mouth of Bald Head Creek (BHC) for the purpose of enhancing tidal exchange between the creek and the adjoining Lower Cape Fear River Estuary. The accreting shoal has been cited as a causative factor in decreased water quality within BHC. To increase the tidal prism servicing BHC, the applicant proposes to increase the critical cross section at the creek mouth. An approximate 190,000 sf area will be dredged to a maximum depth of -6' MLW using a 10-12" cutterhead dredge (refer to Sheet 5 of 10). The proposed dredge footprint represents an adjustment to the minimum (i.e. critical) cross-section of the creek. An increase in the critical cross-sectional area of the creek mouth will produce an associated increase in the tidal prism. By increasing the tidal prism, flow volumes will increase - thereby enhancing tidal exchange within the creek. Based upon consensus reached at the October 2003 interagency meeting and subsequent DCM consultation, the applicant has removed the groin installation from the project In addition, the applicant has investigated alternatives that allow for direct placement of dredged material within the existing nourishment area along South Beach (refer to attached Sheets 5 and 6). As a result, there will be no temporary disposal of material immediately south of the Bald Head Island Marina (as proposed in the previous permit application dated February 3, 2004). The proposed activities will now include shoal excavation and permanent beachfront disposal on South Beach of Bald Head Island only (refer to attached permit drawings). The preferred alternative is to pump up to 40,000 cy of material directly to the South Beach disposal area via hydraulic dredge pipeline and booster pumps. The entire shoreline of South Beach is a federal beach disposal area for beach quality material excavated from the Cape Fear River entrance channel (as authorized under the Wilmington Harbor Navigation Project). In 2001, some 1.6 M cy of sand was placed along South Beach including the disposal site presently proposed. In addition, CAMA Major Permit *-95 (issued to the Village of Bald Head Island) authorizes placement of material for beach nourishment in this location. Most of the material will be placed between M ? - Is2 d ?? Project Narrative R MAR 1 2 2004 D Pagc 1 of 2 DIVISION OF C;nASTAI_ MANAGEMENT A. --I bag revetment along 1,8004 If of shoreline. A portion of the material will be placed as backfill to the revetment on an as-needed basis. Placement of material will be significantly less than the 50cy/If threshold for major nourishment projects. In addition, a training dike located near the MHWL and oriented parallel to the shoreline will be maintained at least 200 ft in advance of the dredge pipe. This will help to reduce turbidity within the surfzone and confine material during placement. Of the 40,000 cy of material, approximately 10,000 cy of sand may be stockpiled on the upland northward of the roadway for emergency placement during future storm events. At that time, the remaining sand would be mechanically placed above the MHWL in order to protect the road and sub- grade infrastructure from loss, or significant damage by undermining. Final quantities are dependent upon the condition of the beach profile at the time of nourishment. Refer to the attached drawings and the project EA (updated January 2004) for more information regarding existing conditions and proposed activities. Z -I (0 7V MAR 12 2004 DIVISION OF COASTAL MANAGEMENT Project Narrative Page 2 of 2 , 6_1 [-? z E i " m !i wJ'f? J r?* $ a 1 L" J4`. 1?LILI Lti Ed Brooks, Local Permits Coordinator NCDENR 127 Cardinal Drive Extension Wilmington, NC October 10, 2005 Dear Mr. Brooks: In accordance with Section 15A NCAC 07J.0405 PERMIT MODIFICATION, The Village of Bald Head Island hereby submits this letter as a written request to modify CAMA permit # 62-05, which pertains to the Bald Head Creek dredging project. As you are aware, a secondary benefit to this project is the production of approximately 40,000 cubic yards of beach compatible material. As allowed by the current permit conditions, this beneficial material is permitted to be discharged in the area of South Beach adjacent to the Bald Head Island Club. The Village of Bald Head Island requests a minor modification to allow the disposal site be changed to West Beach. West beach has experienced significant erosion and the public beach in this area is non-existent during high-tide. It is the intention that sand placement in this area will provide a public beach as well as protect the remaining beach vegetation. Also, two emergency outfalls which were installed in this location in accordance with CAMA permit 402-38 have become exposed due to the excessive erosion. The most beneficial use of the dredged beach quality material would be placing the sand in this area. I have enclosed the appropriate design drawings for your review. Thank you for your timely consideration of this matter and I look forward to hearing from you soon. Si cerely, w Jo - than Middleton Vi age Manager 1'.0. BOX 3009 - R. I LD 11L. ID ISL:.VD, AC 2461 - (910) 457-9700 - F,I,V (910) 457-6206 L'-.11.11L: viffiwvbhi'nhclhwouth.net - 1I'E1)SUL-7 vi11a_-ebhi.nr_r 'a 01 `.` ?J i a w'•a ?A? ? ? ri Joanne Steinhaus, Express Permits Coordinator NCDENR 127 Cardinal Drive Extension Wilmington, NC November 29, 2005 Dear Ms. Steinhaus: :CEIVED In accordance with Section 15A NCAC 07J.0405 PEItMIT MODIFICATION, The Village of Bald Head Island submitted a written request to modify CAMA permit # 62- 05, which pertains to the Bald Head Creek dredging project. The minor modification requested would allow the disposal site of beach quality material be changed from South Beach to West Beach. West Beach is located approximately 1,000 feet west of South Beach and is different in name only. This same area is a federal beach disposal area for beach quality material excavated from the Caper Fear River Channel (as authorized under the Wilmington Harbor Navigation Project). West beach has experienced significant erosion and the public beach in this area is non- existent during high-tide. It is the intention that sand placement in this area will provide a public beach as well as protect what remains of the beach dune and vegetation. Also, two emergency outfalls which were installed in this location in accordance with CAMA permit 902-38 have become exposed due to the excessive erosion. The most beneficial use of the dredged beach quality material would be placing the sand in this area. I spoke with Ms. Noelle Lutheran about the modification and she notified me that the Division of Water Quality did not have a modification process for a 401 Water Quality Certification (WQC). She then informed me that a completely new 401 WQC would need to be applied for and that her future schedule would not permit an expedient review and subsequent issue of a new 401 WQC in time for the project start. After further discussion, Ms. Lutheran stated that I may want to use the Express Permit Review. Therefore, I submit this application to you today and ask that you approve a new 401 WQC for this minor modification request. All project specifications remain the same as were previously permitted under CAMA permit 1162-05, USACOE General Permit 200400651 and DWQ Project It 040561 - 401 Water Quality Certification approval with conditions (WQC #3400). Again, the only modification requested is the location of the disposal site which will be shifted approximately 1,000 feet west. 1'.0. 13'0X3009 • R,1LD 11E..1D LSL.-la7l). IYC28401 • (910) 45'-97()0 • FAX (910) 457-6200 E-11.1IL: rillagebhi:uhell outh.net - 1! ERSITL i-illul,chhi.ur,', I have enclosed the appropriate design drawings for your review. Thank you for your timely consideration of this matter and I look forward to hearing from you soon. Si cerely, r Jo a han Middleton Vi • ge Manager CC: Noelle Lutheran, Environmental Specialist III Office Use Only: Form Vcrsion March 05 USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 1. Processing 1. Check all of the approval(s) requested for this project: ? Section 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wctland Permit from DWQ ? 401 Water Quality Certification N Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: P mse_ t6er-L(E><h ;U) N 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? Y% JCL 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: ? 11'0. 5. If your project is located in any of North Carolina's twenty coastal I 4), and the project is within a North Carolina Division of Coastal t?t i D Environmental Concern (see the top of page 2 for further details), the ere: DEC 6 2005 H. Applicant Information o?,:hli • Q40t auAt.ITY 1. Owner/Applicant Inforntation '?';cTLAtiD3MDSTUJJXt 'ATEREWICn Name: orscx+?a r? (Y)I`cAt o % -' I 01-C, e_ 0+ ga l A Mlu'A ElEAa t A Mailing Address: • d. 40 300 tin T6 avx , tic, ZSy (a l Telephone Number: 9ld-4 S'7- 99 00 lqx Nu ber:5 E-mail Address: t Y1?i Ie. ovw i ® SCt? . n -40-6Z0(fl 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the Q4wner/a licant.) Name: Lard YYlanaq<nntr?t 6io,--p (???b?k 2 Company Affiliation: t"Mailing Address: • O • tboyc. as D 11L 840 Telephone Number: 1310-y5 2-0t?o i Fax Number: q 10-461:1 -00 fbb E-mail Address: Page 5 of 12 III. Project Information 1?" J? 8. Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: tad cyv.k S) 2. T.I.P. Project Number or State Project Number (NCDOT Only): t1?Q 3. Property Identification Number (Tax PIN): ?'? Glr 4. Location County: (bruyV s W,t Subdivision name (include phase/lot number): Town: L Akj t- tack T_6IA Y_ Q_ . L101000 cU.bi c_ u 7. Name of nearest receiving body of water: oo i L oce-A r 6. Property size (acres): Q River Basin: C apt ' a r Ri V-er"' g aS1 Y1 (Note - this must be one of North Carolina's seventeen designated major river basins. River Basin map is available at http://l12o enr.state.nC.us/,idmin/niaps/.) The 9. Describe the existing conditions n the site and general and use in the vicinity of the project at the time of this application: VleA6e 676C E- NI lb1 4? ' Wy Page 6 of 12 Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): ON °W 10. Describe the overall proje t in detail includin$ t? -e type of equ Plec,se ee oro?c?c Y1atrG lV_ _ h 11. Explain the pu ose of the p posed work:-- {? I Ca Cn r rtS POvt dlc?vitr? W t'CV1 Ed C3rz?b_K5. to be used: 1 e.L+ IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segme is of the same TIP projec Flo gw- h construction schedules. f? l l 10,riot a n D t1a?5 r, G1 S aS '? YC 16 - V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide jus fcation fo the a elusion ofthis work from the current application. Pleace reer • o IEXkih-t. r1)-401 WQC. , mee a, )? VI. Proposed Impacts to Waters of the United States/Watcrs of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a ritten descn?tion of the proposed im acts: y.\ ? Iroh Yh? risf?? W Cx S r tbv, 1 __pro' eC_ ' Car LA P u ` a cAeQr;nr4hdiASL Ca M V O u ?7?j Page 7 of 12 I I ?Ck, 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, se.narntely list impacts due to both structure and flooding. --- --- Wetland Impact Site Number (indicate on map) --- ---- ---- - - Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 100-year Floodplain (es/no Distance to Nearest Stream linear feet) Area of Impact (acres) Total Wetland Impact (acres) n' 3. List the total acreage (estimated) of all existing wetlands on the property: Ia 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams mrn-t he included- To calculate acreage. multiply length X width, then divide by 43,560. Stream Impact Number (indicate on ma) Stream Name Type of Impact Perennial or Intermittent? Average Stream Width Before Impact Impact Length (linear feet) Area of Impact (acres) Total Stream Impact (by length and acreage) Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to till- excavation- dredi!inu. flooding. drainage, bulkheads, etc. Open Water Impact Site Number (indicate on map) Name of Waterbody (if applicable) Type of Impact Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) Area of Impact (acres) Total Open Water Impact (acres) Page 8 of 12 0116. List the cumulative impact to all Waters of the U.S. resulting from the project Stream Impact (acres): Wetland Impact (acres): Open Water Impact (acres : Total Impact to Waters of the U.S. (acres) Total Stream Impact (linear feet): 7. Isolated Waters Do any isolated waters exist on the property? ? Yes r] No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. n1 ?OU 8. Pond Creation if construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Current land use in the vicinity of the pond: Size of watershed draining to pond: Expected pond surface area: VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If a Plivable, disonstr?Jj,Qn techniques to be followed during construction to reduce impacts. PIP.aSe ? l ? r r0???1l. VIII. Mitigation kaSe DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. Page 9 of 12 USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at htti)://h2o.enr.state.nc.us/ncwetlands/stnnpide.html. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a s arate sheet if?mor s is ne e n1a2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement JJ Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http://h2o.enr.st ite.nc.us/wrp/index.litni. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): Page 10 of 12 IX. Environmental Documentation (required by DWQ) I. Does the project involve an expenditure of public (federaUstate/local) funds or the use of public (federaUstate) land? Yes No K] 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733n-5083; review current thresholds for CW n ironmental doctimentatio1l. Yes fs No ? d t y?rD Cv1'?) 1'-}5se-5 AIs ??'(Drr>'wG? rcclevo cl l) %,,? 1tt --rA I v" 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes M No E] n I QX. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. n1co. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), 15A NCAC 2B .0259 (Tar-Patnlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No E] YI10, 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* I Impact Multiplier I Required (snuare feet) Mitigation 3 (2 for Catawba) 1.5 Total • Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. lI 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 213.0242 or.0244, or.0260. Page 11 of 12 XI. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. 00,Ae_ nI CLXII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules? Yes ? No a Is this an after-the-fact permit application? Yes ? No tM XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ? No 19 If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://1i2o.mr.state.nc.us/ncwetlands. If no, please provide a short narrative description: XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and eatened Species, accessibility proble s, or other issues o is de the applicant's control). [?< C1AriS i (nrn YU Ce5 5 rn 1"roV- 4 D 'I C/J L, II?2a Applicant/Agent's Signature 1Date s signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 W AT ?9QG Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E.,Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality July 20, 2004 The Village of Bald Head Island C/o Jon Middleton P.O. Box 3009 Bald Head Island, NC 28461 SUBJECT: Approval of 401 Water Quality Certification and Additional Conditions Dredge a portion of the shoal at the mouth of Bald Head Creek and place beach compatible sand on South Beach, Bald Head Island DWQ Project # 040561 Brunswick County Dear Mr. Middleton: You have our approval, in accordance with the attached conditions (WQC # 3400) to conduct the following activity: dredge a portion of the shoal at the mouth of Bald Head Creek and use the beach compatible material to re-nourish South Beach on Bald Head Island in Brunswick County. This approval allows you to: 1. Dredge an approximate footprint of 900-950 feet long and 200 feet wide flaring to 275 feet wide on the Cape Fear River end using a hydraulic dredge. An approximate 190,000 square feet of material is to be removed; 2. The excavated beach compatible sand is to be pumped onto an 1,800 linear feet section of South Beach, waterward of the existing sandbags. A portion of the material is to fill in the scoured area behind the sandbags and up to'/4 of the material is to be stockpiled for future erosion events. This approval is only valid for the purpose and design that you described in your completed CAMA application received by the Division of Water Quality (DWQ) on April 5, 2004. After reviewing your application, we have determined that General Water Quality Certification Number 3400 covers this activity. This Certification allows you to use your CAMA Permit when the NC Division of Coastal Management issues it. Please keep in mind that there may be additional Federal, State or Local regulations applicable to your project, such as (but not limited to) Sediment and Erosion Control, Non- Discharge and Water Supply Watershed regulations and Coastal Stormwater. In addition, this approval will expire when the accompanying CANIA Permit expires unless otherwise specified in the General Certification. N. C. Division of Water Quality 127 Cardinal Drive Extension (910) 395-3900 Wilmington Regional Office Wilmington, NC 28405 (910) 350-2004 Fax Customer Service 1 800 623-7748 4A NCDEhit Page Two The Village of Bald Head Island c/o Jon Middleton DWQ Project # 040561 July 20, 2004 This approval is only valid for the purpose and design that you described in your completed CA ,1A Major Permit application received by the Division of Coastal Management on March 12, 2004. If you change or modify your project, you must notify the Division (DWQ) in writing and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland impacts for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification and the additional conditions listed below: 1. Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to this office and a copy to the 401AVetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650; 2. No excavation and no waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the CAMA Major Application. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur; 3. During excavation, sediment curtains shall be installed as needed in order to prevent violations of state water quality standards; 4. This certification is for a "one time dredging event" for the purpose of improving water quality in Bald Head Creek, class SA HQW waters. Any future dredging will not be considered maintenance by DWQ and will require a new 401 Water Quality Certification. A 401 WQC for future dredging will not be considered for the purpose of improving water quality unless the current project results in fecal coliform bacteria levels meeting Tidal Salt Water Quality Standards for Class SA Waters: NCAC 02B .0221(3)(d) that states the following: Organisms of the coliform group: fecal coliform group not to exceed a median MF of 141100 and not more than 10 percent of the samples shall exceed an MF count of 431100 nil in those areas most probably exposed to fecal contamination during the most unfavorable hydrographic and pollution conditions; 5. Provided that the project is complete by April 2005, post-project water quality sampling shall be initiated during May 2005 and continue through December 2005. The methods and parameters to be sampled during the post-project monitoring must be consistent with that detailed in the Baseline Report on Bald Head Creek Mater Quality dated March 2004, prepared by Dr. Mike Malin's Aquatic Ecology Laboratory; 6. Post-project water quality sampling results must be submitted to this office by June 1, 2006; 7. A post-project dye tracer study to determine the tidal exchange rate of the creek subsequent to dredging must be implemented and the results submitted to this office within 1 year of project completion; Page Three The Village of Bald Head Island c/o Jon Middleton DWQ Project # 040561 July 20, 2004 S. Prior to initiating dredging activities, aerial photos of the existing shorelines and marsh configuration (clearly outlined) must be submitted to this office; 9. Post-project physical monitoring to determine if adverse impacts to the shoreline and marsh occurred as a result of the dredging must be conducted by aerial survey, and a monitoring report must be submitted to this office 6 months after project completion. Additional physical monitoring must take place annually for 2 years, with the second report submitted to this office 6 months after the first and the third report submitted 1 year after the second. Please notify this Office at the number listed below if any problem arises during the construction of the project that may affect water quality. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition conforming to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the DWQ Permit #040561 under Section 401 of the Clean Water Act. If you have any questions, please telephone Noelle Lutheran or Rick Shiver at 910-395-3900. Sincerely, Alan W. Klimek, P.E., Director Division of Water Quality Attachments: GC # 3400 Certificate of Completion cc: Land Management Group - Christian Preziosi Corps of Engineers Wilmington Field Office - Henry Wicker WiRO- Noelle Lutheran 401/Wetland Unit, Central Office - Cyndi Karoly CAMA - Ed Brooks CAMA Raleigh - Doug Huggett Central Files WQC #3400 CAMA PERMIT CERTIFICATION GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS GENERAL PERMIT NUMBER 198000291 (ISSUED TO THE NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES) This General Certification is issued in conformity with requirement of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality Regulations in 15 NCAC 2H, Section .0500 and 15 NCAC 2B .0200 for the discharge of fill material as described in General Permit 198000291 and for the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 2B .0200. This Certification replaces Water Quality Certification Number 3025 issued on September 6, 1995, Water Quality Certification Number 3112 issued on February 11, 1997, Water Quality Certification Number 3274 issued June 1, 2000 and Water Quality Certification Number 3371 issued March 18, 2002. This WQC is rescinded when the Corps of Engineers re-authorizes Regional General Permit 0291 or when deemed appropriate by the Director of DWQ. The State of North Carolina certifies that the specified category of activity will not violate applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217 if conducted in accordance with conditions hereinafter set forth. Conditions of Certification: 1. Activities authorized by CAMA major permits require written concurrence from the Division of Water Quality as well as compliance with all conditions of this General Certification; 2. Activities authorized by Coastal Area Management Act (CAMA) Minor or General Permits do not require written authorization from the Division of Water Quality as long as they comply with all other conditions of this General Certification; 3. In accordance with North Carolina General Statute Section 143-215.3D(e), any request for written concurrence for a 401 Water Quality Certification must include the appropriate fee. If a project also requires a CAMA Permit, one payment to both agencies shall be submitted and will be the higher of the two fees. The fee shall be collected and distributed between the two agencies in accordance with agreements reached between the Division of Water Quality and the Division of Coastal Management; In accordance with 15A NCAC 2H .0506 (h) compensatory mitigation may be required for impacts to 150 linear feet or more of streams and/or one acre or more of wetlands. In addition, buffer mitigation may be required for any project with Buffer Rules in effect at the time of application for buffer impacts resulting from activities classified as "allowable with mitigation" within the "Table of Uses" section of the Buffer Rules or require a variance under the Buffer Rules. A determination of buffer, wetland and stream mitigation requirements shall be made for any Certification for this Nationwide Permit. The most current design and monitoring protocols from DWQ shall be followed and written plans submitted for DWQ approval as required in those protocols. When compensatory mitigation is required for a project, the mitigation plans must be approved by DWQ in writing before the impacts approved by the Certification occur. The mitigation plan must be implemented and/or constructed before any permanent building or structure on site is occupied. In the case of public road projects, the mitigation plan must be implemented before the road is opened to the travelling public; WQC #3400 5. Compensatory stream mitigation shall be required at a 1:1 ratio for not only perennial but also intermittent stream impacts that require application to DWQ in watersheds classified as ORW, HQW, Tr, WS-1 and WS-II unless the project is a linear, publicly- funded transportation project, which has a 150-foot per-stream impact allowance; Impacts to any stream length in the Neuse and Tar-Pamlico River Basins (or any other major river basins with Riparian Area Protection Rules [Buffer Rules] in effect at the time of application) requires written concurrence from DWQ in accordance with 15A NCAC 2B.0200. New development activities located in the protected 50-foot wide riparian areas (whether jurisdictional wetlands or not) within the Neuse and Tar- Pamlico River Basins shall be limited to "uses" identified within and constructed in accordance with 15A NCAC 2B .0200. All new development shall be located, designed, constructed, and maintained to have minimal disturbance to protect water quality to the maximum extent practicable through the use of best management practices. Activities listed as "exempt" from these rules do not need to apply for written concurrence under this Certification; 7. All sediment and erosion control measures placed in wetlands or waters shall be removed and the original grade restored after the Division of Land Resources has released the project; 8. If an environmental document is required, this Certification is not valid until a Finding of No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State Clearinghouse; That appropriate sediment and erosion control practices which equal or exceed those outlined in the most recent version of the "North Carolina Sediment and Erosion Control Planning and Design Manual" or the "North Carolina Surface Mining Manual" whichever is more appropriate (available from the Division of Land Resources (DLR) in the DENR Regional or Central Offices) shall be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to assure compliance with the appropriate turbidity water quality standard; 10. Measures shall be taken to prevent live or fresh concrete from coming into contact with freshwaters of the state until the concrete has hardened; 11. Additional site-specific conditions may be added to projects which have applied for CAMA major permits which are proposed under this Certification in order to ensure compliance with all applicable water quality and effluent standards; 12. When written concurrence is required, the applicant is required to use the most recent version of the Certification of Completion form to notify DWQ when all work included in the 401 Certification has been completed; 13. Concurrence from DWQ that this Certification applies to an individual project shall expire three years from the date of the cover letter from DWQ or on the same day as the expiration date of the corresponding General Permit 198000291, whichever is sooner. Non-compliance with or violation of the conditions herein set forth by a specific fill project shall result in revocation of this Certification for the project and may result in criminal and/or civil penalties. WQC #3400 The Director of the North Carolina Division of Water Quality may require submission of a formal application for individual certification for any project in this category of activity that requires written concurrence under this certification, if it is determined that the project is likely to have a significant adverse effect upon water quality or degrade the waters so that existing uses of the wetland or downstream waters are precluded. Public hearings may be held for specific applications or group of applications prior to a Certification decision if deemed in the public's best interest by the Director of the North Carolina Division of Water Quality. Effective date: March 2003 DIVISION OF WATER QUALITY By Alan W. Klimek Director WQC # 3400 DWQ Project No.: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: County: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1621 Mail Service Center, Raleigh, NC, 27699-1621. This form may be returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification 1 , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Agent's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Engineer's Certification Partial Final 1, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project,for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature Date Mail to: 401 Wetlands Contact NC Dept. of Environment and Natural Resources 127 Cardnal Drive Ext. Wilmington, NC 28405-2004 Registration No. NC®ENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary April 28, 2005 Village of Bald Head Island P.O. Box 3009 Bald Head Island, NC 28461 Dear Sir: The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. Please sign both the original (buff- colored form) and the copy. Return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. Please retain the original (buff-colored form), as it must be available on site when the project is inspected for compliance. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A- 121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance require additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it is to your benefit to be sure that lie fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Sincerely, Douglas V. Huggett Major Permits and Consistency Manager Enclosure 400 Commerce Avenue, Morehead City, NC 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer - s0% Recycled \ 109% Post Consumer Paper Permit Class NEW Permit Number 62-05 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission ,Permit for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Village of Bald Head Island, PO Box 3009, Bald Head Island, NC 28461 Authorizing development in Brunswick County at Bald Head Creek, Village of Bald Head Island , as requested in the permittee's application dated 3/12/04, incl au. plan dw9s B1. 5 of 7 dated 2/16/04, 1-4, 6, 7 of 7 dated 4/12/04, Al dated 1/21/04, letter dated 3/9/04 and AEC Hazard Notice dated 4/26/05. This permit, issued on April 28, 2005 , 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) The permittee shall fully implement the water quality monitoring program as described in the Environmental Assessment prepared for this project, except as modified by the Division of Water Quality's water quality certification issued for this project. 2) This permit authorizes a one-time only dredge event. Future dredging requests shall require a major modification of this permit. Review and approval of such future events shall be based in part on results of the water quality monitoring plan referenced in Condition No. I of this permit. (See attached sheets for Additional Conditions) This permit action may be appealed by the perrnittee 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, 2008 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Cormnission. ?,? harles S. Jones, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittec Village of Bald Head Island ADDITIONAL CONDITIONS Excavation Permit # 62-05 Page 2 of 5 3) In order to protect endangered species and juvenile shrimp and finfish populations, no excavation or filling shall be permitted between February 1 and November 15 of any year without the prior approval of the Division of Coastal Management, in consultation with the Division of Marine Fisheries and U.S. Anny Corps of Engineers. 4) Excavation shall not exceed -6 feet below the normal low water level. In no case shall the deptli of excavation exceed the depth of connecting waters. 5) No vegetated wetlands or submerged aquatic vegetation (SAVs) shall be excavated or filled. 6) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not authorized. NOTE: The pennittee's contractor is advised to contact the U.S. Coast Guard at (910) 815-4895, ext. 108 to discuss operations and appropriate lighting, markers, etc. for all dredge equipment. Beach Renourishment 7) In order to protect threatened and endangered species and to minimize adverse impacts to intertidal and beach resources, no beach renourishment activities shall occur from May I to November 15 of any year without prior approval from the North Carolina Division of Coastal Management in consultation with the NC Wildlife Resources Commission and the U.S. Army Corps of Engineers. 8) 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, including but not limited to placement of stockpiled materials on the beach, shall require a modification of this permit. 9) Prior to the initiation of any beach nourishment activity above mean high water (MI-IW), easements or similar legal instruments shall be obtained from all affected property owners. 10) Only beach quality sand shall be used for beach renourishment purposes. For the purposes of this permit, beach quality sand is defined as being compatible with native grain size or sorting characteristics of the native beach. 11) Should the dredging operations encounter sand deemed non-compatible with native grain size or sorting characteristics of the native beach, the dredge operator shall immediately cease operation and contact the NCDCNI for consultation with appropriate review agencies. Dredge operations shall resume only after resolution of the issue of sand compatibility. 12) All material shall be clean and free of pollutants and highly erodible finer material, except in trace quantities. 13) No beach bulldozing or sand stockpiling activities shall be conducted below the existing mean low water line. Village of Bald Head Island ADDITIONAL CONDITIONS Permit # 62-05 Page 3 of 5 14) 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. 15) During and after construction, a uniform gradual slope shall be maintained between the mean high tNater and mean low water elevation contours so as not to endanger the public or interfere with the public's use of the beach. 16) Any dunes created by the authorized project shall be stabilized with appropriate vegetation as soon as possible after project completion. 17) Should the work result in any damage to existing beach access areas, the accesses shall be restored to pre-project conditions immediately upon project completion in that specific area. 18) Disturbance of existing dunes shall be kept to a minimum. Any alteration of existing dunes shall be coordinated with the Division of Coastal Management as well as the pertinent property owner. All disturbed areas shall be restored and revegetated immediately following project completion in that specific area. 19) All work shall be accomplished in such a manner that damage to existing dune or beach vegetation is minimized. EndanVered Species Protection 20) Immediately after completion of beach nourishment activities, 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 pennittee shall immediately coordinate with the Division of Coastal Management to determine if remedial actions are necessary. 21) The pennittee shall survey the beach disposal area for Sea Beach Amaranth (Aniaranthus piandus) prior to the disposal of the dredged material. If any plants are found the permittee shall contact the US Ann), Corps of Engineers and the US Fish and Wildlife Service in order to develop an acceptable course of action for protecting this species. 22) All necessary precautions and measures shall be implemented so that the permitted project will not kill, injure, capture, pursue, harass, or otherwise harm any protected federally listed species (sea turtles, whales, manatee, shortnose sturgeon, and piping plover). While accomplishing the authorized work, if the permittee discovers or observes a damaged or hurt listed endangered or threatened species, the U.S. Army Corps of Engineers shall be immediately notified so that required coordination can be initiated with the U.S. Fish and Wildlife Service and/or National Marine Fisheries Service. Village of Bald Head Island ADDITIONAL CONDITIONS Pernit # 62-05 Page 4 of 5 23) The permittee shall coordinate with the North Carolina Wildlife Resource Commission Sea Turtle Volunteer Program, at (252) 728-1528, to develop a final sea turtle monitoring plan. This monitoring plan shall address potential effects on nesting sea turtles after initial sediment disposal occurs. This plan shall be finalized and submitted to the Arny Corps of Engineers and the Division of Coastal Management prior to November 15, 2005. Sedimentation and Erosion Control NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must be filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this plan to the Department of Environment and Natural Resources, Land Quality Section, 127 Cardinal Drive Extension, Wilmington, NC 28405. General 24) Unless specifically altered herein, any mitigative measures or environmental commitments made by the applicant in the Environmental Assessment for this project shall be implemented, regardless of whether or not such commitments are addressed by individual conditions of this permit. 25) The pennittee and/or his contractor shall schedule a pre-construction conference with a Division of Coastal Management representative prior to the initiation of any permitted activities. 26) No attempt shall be made by the pennittee to prevent the full and free use by the public of all public trust waters at or adjacent to the authorized work following project completion. 27) The pennittee and/or his contractor shall provide for proper storage and handling of all oils, chemicals, etc., necessary to carry out the permitted project. 28) 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. 29) In issuing this permit, the State and Federal Governments do not assume any liability for the following: a. Damages to other permitted or unpermitted activities or structures caused by the authorized activities. b. Damage claims associated with any future modification, suspension or revocation of this permit. c. Damages to other permitted or unpermitted activities or structures caused by the authorized activity. d. Design and construction deficiencies associated with the permitted work. e. Damage claims associated with any future modification, suspension, or revocation of this permit. Village of Bald Head Island ADDITIONAL CONDITIONS Permit # 62-05 Page of 30) The pennittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the pennittee shall be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 31) If cultural resources are encountered during the operation, the permittee shall immediately contact the Division of Coastal Management and the Corps of Engineers so that coordination can be initiated with the Underwater Archeology Unit (UAU) of the Department of Cultural Resources. In emergency situations, the permittee shall immediately contact the UAU at (910) 458-9042, so that a full assessment of the artifacts can be made. 32) The N.C. Division of Water Quality has authorized the proposed project under General Water Quality Certification No. 3274 (DWQ Project No. 0450561), which was issued on 7/20/04. Any violation of the permit approved by the DWQ shall be considered a violation of this CAMA permit. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 395-3900 prior to the commencement of any such activity for this determination. The pennittee is further advised that many non-water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: The pennittee is reminded that Permit No. 151-84 limits the number of docking facilities constructed within Bald Head Creek. Nothing in this permit should be construed as altering the conditions of Permit No. 151-84. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 200400651. NOTE: The permittee is advised that the Division of Coastal Management will regulate the removal of existing sandbags and the placement of new sandbags in accordance with 15A NCAC 071-1 .0308(a)(2)(F), or in accordance with any variances granted by the N.C. Coastal Resources Commission. DEPARTMENT OF THE ARMY WMAIINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOY 1890 WILMINGTON. NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF: May 6, 2005 Regulatory Division Action ID No. 200400651 and State Permit No. 62-05 Village of Bald Head Island Post Office Box 3009 Bald Head Island, North Carolina 28461 Dear Madam or Sir: Reference your application for a Department of the Army permit to dredge a portion of the shoal at the mouth of Bald Head Creek for the purpose of enhancing the tidal exchange between the creek and the adjacent Cape Fear River and using the excavated material for beach nourishment on South Beach, Bald Head Island, Brunswick County, North Carolina Your proposal has been reviewed and found to be consistent with the provisions and objectives of general permit No. 198000291. Therefore, you may commence construction activity in strict accordance with applicable State authorization and the approved plan (enclosed). Failure to comply with the State authorization or conditions of the general permit could result in civil and/or administrative penalties. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Questions or comments may be addressed to me at the Wilmington Field Office, Regulatory Division, telephone (910) 251-4930. Sincerely, Henry Wic r Regulatory Project Manager Sent By: LAND MANAGEMENT; 910 452 0060 ; Feb-2-04 11:17AM; Page 2/2 fill ??vw:tart?monlcct' ?it4cc?arc? f&t llArv Az 2523 ? oA Wa"fta Y54o? 5?1,• s1o-sss-aoo> ?"Y ?;..t'`1old?w ?eecy ?w+?at O?Ge 5?'ak %Y .4&,44 nos 90ap44 " dwn" AGENT DISCLOSURE FORM TOW OM IT MAY CONCERN: I/we, the undersigned, hereby authorize Land Management Group, Inc., to act as our agent in the preparation and representation of information submitted within the 404/401 and/or CAMA applications and/or septic permits. All questions in regards to this application should be directed to Land Management Group, Inc. Sincerely, ?"?4 K.? wN Zyr- n /A icant 30 ?K ate APPLICANT: VILLAGE OF BALD HEAD ISLAND BALD HEAD CREEK DREDGING SITE 12 13' 6-p' 9 14 I R l FR Lp ??j) ?U OOLING 11. 1 / U The D- It TANK Price Cr ?ft? ?;4 23 i'r y CSO'LREGS DE"AHCA 10N LIVE O .? 80 E25g (see no(e Al 12' i 1T' ° e ° 'i?lg 15 /r n P? 11' M e JI e 0 k. 20 u 15 C)? s sn J r oI E 1n1 6•e•I 22 S o?0J 3 13 Lr . o ; 13 /W % 4 FI o E146Fee Bu.rcrd i b.'A/_ i i '\ • y 2. 1....1 . VA B" 1 37 t"1 15 19 J 21 k Fl ,,-„g 4?ycFL? ? ?, f 2 ? n II.1d Hr.d? ". ?` 6 ;7; ?• , ?°to:. BEACH DISPO AL SITE ;0"s r °°?. ?., Wcs Br• v ( BEACH) 18:-13 23 ?v ,-j ' r ? J2 r 11 ?5 33 rs / E " I DD 22 ?w 1 5 BALD HEAD ISLAND 2. 21 , // M Sn' V1 ? -27 3 7 ATL 1 TIC 26 OCEAN BRL JI I L oi s e n associates, inc. 4438 Herschel Street 4. -fir= 3 Jocksonvdle, FL 32210 ` (504) 387-6114 t < ? (Fox) 384-7368 BALD HEAD CREEK SHOAL DREDGING PROJECT PROJECT LOCATION DATE: APPROVED REVISION DATE. ,,11 1/904 E.JO. REV .2 04/12/Q2 DRA V M BY S.H. SHEET 1 OF 8 /.111 N APPLICANT: VILLAGE OF BALD HEAD ISLAND z J ? V G? ? s i3"" t o ` V ? ?f } t`+Y srtr A .. \ 'sr 1 ?? > e i ii III r ? V? r' r? 4 it .,?.. ` TEMPORARYY' ' 'r 'h DISPOSAL AREA R,. by r? ? a +y'?r Yi (SEE SHE' ,5) I NOT FOR PURPOSES OF CONSTRUCTION SURVEY DATUM:NGVD SURVEY DATE: 9-5-00 PHOTOGRAPHY DATE: 9- 15-99 SCALE 0 150 300 FEET SURVEY: BRUNSWICK SURVEYING, INC. DAIF APPROVED REVISION DATE Olsen BALD HEAD CREEK U90 :4 E J O. REV 2 QY/12/02 SHOAL DREDGIIJG PROJECT associates, inc. cR e:Ner 4438 Herschel Street S H lie FL ,Kscn 32210 CREE TE S . . . . I K CONDITIONS (004) 237- 6114 SHEET (Fcx) 334-7369 2 OF '? ?4+2 F _ 1+` t : ?4. nt ,?? * t i`A, ?- e . tl ^a ' r?r ? f tx,., .. - _ _ ?--.moo '•?'??jy?'!!'??"l?' j'' .. `..e .f t. r r F D T'1 u m mD T G) T Fad M f Y. n? ;7j m ,a =n Omer .3 e r t.f M z SURVEY-APRIL 04 PHOTO-MAY 05 SCALE POST-OPHELIA ?Wml?mmm? DISPOSAL SITE N 0 200 400 FEET STA 16+00 - STA 34+00 8> N 3 b? A n A > ...1 1n O.. Z NOTE: m N SOUTH BEACH DISPOSAL SITE r o IS DELETED FROM CONSIDERATION. N Ul M O $ N WEST BEACH ? N . Baldhead Island, N.C. STA 032+00 ?-m 1 OuAj!3 VCD :3 I 0 y w 4- 5 ft. t p. - i o ? 8 ILL 6 4 2 _ Z , > ? 0 -n :2 O > O > ? p = 2 :* M M M ? n C13 > - F: M (n 0 Z U G) Q) w 4 CAP FEA ? co -0 - R VER m n o? 6 = m n - 8 - 7? N -10 111 1 11 1 -f-HT 1111 111 -TT-TT 777T-Mi 1111 1111 1 111 -FTTT o 1 1 1 "T 1 8 r 1 200 220 240 260 280 300 320 340 360 380 400 420 440 460 480 500 Offshore Distance from Baseline (FT) F A g ? n A D z c _ D O° m 1 \ POST OPHELIA BEACH DISPOSAL SITE (STA-16+00-STA 34+00) N 0 SL I PE VA RIES DUN S ? PRO . M.H W. (+ .7') FILI WHE E R (a'D CT. 005 C (JNDI IONS ' -- WILL ARY , ? May 2003 d' w Alain Office: Suite 15 Downey Brame office Parr 3505 `iO htsvi!!e Avenue `YVilminiqton, NC28403 Ms. Noelle Lutheran NCDENR- Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405-3845 June 2, 2004 RE: Bald Head Creek Shoal Dredging Project (Brunswick County, NC) DWQ Project # 040561 Dear Noelle: Bram-fi Of4?: P.O. BoX1120 504 Croatan Street -1fanteo, NC27954 Pfwne: 252-473-3400 Thank you for reviewing and providing comment on the CAMA Major Permit submittal for the proposed dredging of the shoal located at the mouth of Bald Head Creek. The following is provided in response to your request for additional information (DWQ correspondence dated May 19, 2004): (1) The primary goal of the project is to help alleviate documented water quality impairments (particularly high fecal coliform concentrations) within Bald Head Creek via the increased tidal exchange achieved through shoal excavation. The secondary goal is to mitigate the loss of beachfront on South Beach via the disposal of material along 1,800 If of shoreline. The need to remedy aggravated erosion in this location has become increasingly important during the course of the project EA and permit review process. With respect to water quality objectives, the Village of Bald Head Island has contracted with Dr. Michael Mallin of the University of North Carolina at Wilmington to document the effects of shoal excavation on a suite of parameters detailed in the project EA. Sampling procedures/methodology and pre-project results are also detailed in the enclosed baseline water quality report prepared by Dr. Mallin's Aquatic Ecology Laboratory.' Provided the project is completed by April 2005, post-project water quality sampling will be initiated during May 20,05 and continue through December 2005. The methods and parameters to be sampled during post-project monitoring will be consistent with that detailed in the attached report In addition, the Village of Bald Head Island will be implementing a post-project dye tracer study to determine the tidal exchange rate of the creek subsequent to dredging. It is anticipated that this will be a one-time dredging event. Therefore, specific thresholds or success criteria are not proposed at this time. Post-water quality monitoring will provide more than enough of information from which to evaluate the effectiveness of the project Two key parameters to analyze will be the percent increase in the tidal exchange rate (obtained through dye-tracer studies) and the percent decrease in fecal coliform concentrations. Previous dye- Land Management Group, Inc. Eitvirontnental Consultants Post Office BoX 25 22 gVilininigton, k(orth Carolina 28402 Te le pho rte: 910-452-0001 .P . "4 tracer studies have demonstrated a mean flushing rate of 25% within Bald Head Creek. It is anticipated that this project may yield a 101/o or greater increase in tidal exchange rates. In addition, the project will likely produce a significant decrease in fecal coliform concentrations as observed between pre- and post-project monitoring. It is anticipated that fecal coliform counts will decrease to concentrations considered safe for shellfishing at various sampling stations within the creek. (2) No benthic monitoring is proposed for the disposal of material on South Beach. The proposed disposal area is located within a portion of the beachfront that received approximately 1.6 M cy of sand as part of the Wilmington Harbor Deepening Project in 2001. Pre-project and post- project benthic monitoring has been conducted along this section of shoreline (encompassing the proposed disposal area). Further nourishment of this area is expected to be conducted by the US Army Corps of Engineers (USACE) during the winter of 2004/2005. In addition, there is aggravated erosion in this area contributing to the instability of the beachfront habitat. The proposed placement of material representing only a fraction (<2%) of the quantity placed by the USACE poses no additional threat to benthic habitat In light of all these considerations, no further monitoring is proposed. Pending the timing of permit issuance, the Village is anticipating the dredging to be initiated sometime after November 15, 2004. All dredge and fill activities will be confined to the acceptable window of November 151h to April 15t. (3) Post-project physical monitoring will be conducted by aerial survey occurring on at least annual intervals to determine any changes in shoreline or marsh configuration subsequent to dredging. It is understood that DWQ will permit only a `one time dredging event' and that subsequent dredging authorization will be provided only upon demonstration that no adverse impacts occurred as a result of the initial dredging. The Village does not at this time anticipate conducting any further dredging within this location upon completion of the proposed project. I hope that the information provided above is of assistance for your review of the CAMA Major Permit application. Please feel free to contact me at (910) 452-0001 if you have any additional questions or comments regarding the proposed project activities. Thank you for your attention to this project. Sincerely, Land Management Group, Inc. Christian Prezio Environmental Sci fist encl. CC. Ms. Cyndi Karoly - Wetlands Unit, Raleigh Ms. Heather Hardee - Village of Bald Head Island Mr. Erik Olsen - Olsen Associates, Inc. J- PROJECT NARRATIVE BALD HEAD CREEK SHOAL DREDGING PROJECT THE VILLAGE OF BALD HEAD ISLAND (APPLICANT) The Village of Bald Head Island (BHI) proposes to dredge a portion the shoal located at the mouth of Bald Head Creek (BHC) for the purpose of enhancing tidal exchange between the creek and the adjoining Lower Cape Fear River Estuary. The accreting shoal has been cited as a causative factor in decreased water quality within BHC. To increase the tidal prism servicing BHC, the applicant proposes to increase the critical cross section at the creek mouth. An approximate 190,000 sf area will be dredged to a maximum depth of -6' MLW using a 10-12" cutterhead dredge (refer to Sheet 5 of 10). The proposed dredge footprint represents an adjustment to the minimum (i.e. critical) cross-section of the creek. An increase in the critical cross-sectional area of the creek mouth will produce an associated increase in the tidal prism. By increasing the tidal prism, flow volumes will increase - thereby enhancing tidal exchange within the creek. Based upon consensus reached at the October 2003 interagency meeting and subsequent DCM consultation, the applicant has removed the groin installation from the project In addition, the applicant has investigated alternatives that allow for direct placement of dredged material within the existing nourishment area along South Beach (refer to attached Sheets 5 and 6). As a result, there will be no temporary disposal of material immediately south of the Bald Head Island Marina (as proposed in the previous permit application dated February 3, 2004). The proposed activities will now include shoal excavation and permanent beachfront disposal on South Beach of Bald Head Island only (refer to i attached permit drawings). The preferred alternative is to pump up to 40,000 cy of material directly to the South Beach disposal area via hydraulic dredge pipeline and booster pumps. The entire shoreline of South Beach is a federal beach disposal area for beach quality material excavated from the Cape Fear River entrance channel (as authorized under the Wilmington Harbor Navigation Project). In 2001, some 1.6 M cy of sand was placed along South Beach including the disposal site presently proposed. In addition, CAMA Major Permit #9-95 (issued to the Village of Bald Head Island) authorizes placement of material for beach nourishment in this location. Most of the material will be placed between M 7 71 cisVn P roject Narrative i MAR 12 2004 Page 1 of 2 DIVISION OF C',OASTAI- MANAGEMENT . 11bag revetment along 1,800 +/- If of shoreline. A portion of the material will be placed as backfill to the revetment on an as-needed basis. Placement of material will be significantly less than the 50cy/If threshold for major nourishment projects. In addition, a training dike located near the MHWL and oriented parallel to the shoreline will be maintained at least 200 ft in advance of the dredge pipe. This will help to reduce turbidity within the surfzone and confine material during placement. Of the 40,000 cy of material, approximately 10,000 cy of sand may be stockpiled on the upland northward of the roadway for emergency placement during future storm events. At that time, the remaining sand would be mechanically placed above the MHWL in order to protect the road and sub- grade infrastructure from loss, or significant damage by undermining. Final quantities are dependent upon the condition of the beach profile at the time of nourishment. Refer to the attached drawings and the project EA (updated January 2004) for more information regarding existing conditions and proposed activities. 0 Hv E MAR 12 2004 DIVISION OF COASTAL MANAGEMENT Project Narrative Pale 2 of 2 ov. Th-e V'Ifage Ed Brooks, Local Permits Coordinator NCDENR 127 Cardinal Drive Extension Wilmington, NC October 10, 2005 Dear Mr. Brooks: In accordance with Section 15A NCAC 07J.0405 PERMIT MODIFICATION, The Village of Bald Head Island hereby submits this letter as a written request to modify CAMA permit # 62-05, which pertains to the Bald Head Creek dredging project. As you are aware, a secondary benefit to this project is the production of approximately 40,000 cubic yards of beach compatible material. As allowed by the current permit conditions, this beneficial material is permitted to be discharged in the area of South Beach adjacent to the Bald Head Island Club. The Village of Bald Head Island requests a minor modification to allow the disposal site be changed to West Beach. West beach has experienced significant erosion and the public beach in this area is non-existent during high-tide. It is the intention that sand placement in this area will provide a public beach as well as protect the remaining beach vegetation. Also, two emergency outfalls which were installed in this location in accordance with CAMA permit 902-38 have become exposed due to the excessive erosion. The most beneficial use of the dredged beach quality material would be placing the sand in this area. I have enclosed the appropriate design drawings for your review. Thank you for your timely consideration of this matter and I look forward to hearing from you soon. Si cerely, w GVV Jo than Middleton Vi age Manager P.O. BOX 30119 - BALD HE:'ID INLA'N'D, :YC 2S461 - (910) 457-9700 - Fff (910) 457-6206 E-11.41L: rillrr?c?bltii?ihc?llcnuth.?rc?t • 1iEBS'ITL