20090337 Ver 2_DCM Permit_20090902

Permit Class
MODIFICATION/MINOR
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
ermit
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
Permit Number
67-09
Issued to Village of Bald Head Island, Box 3009 Bald Head Island, NC 28461-7000
Authorizing development in Brunswick Counties at Atlantic Ocean and Cape Fear River at
South Beach and West Beach, as requested in the permittee's application letters dated 6/18/09 and 8/21/09 ,
including attached workplan drawings (3), 1 dated revised 8/19/09 and 2 dated recievd 8/25/09.
This permit, issued on September 2, 2009 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
1) Unless specifically altered herein, this minor modification authorizes the following:
a. An increase in the depth of excavation within the bounds of the previously approved borrow
area to -24' NGVD29 (22' Design Depth plus maximum 2' overdredge allowance);
b. Authorization to initiate staging activities within the staging area indicated on the attached
workplan drawings no earlier than October 15`h, 2009.
c. Authorization to initiate dredging and sand pumping activities within the areas indicated on
the attached workplan drawings no earlier than November I't, 2009.
The revised dredging and nourishment dates referenced in this condition apply only to the 2009
dredge season. Any dredging and/or nourishment activities that take place in subsequent years will
be subject to the dates listed on Condition No. 1 of the original of Permit No. 67-09, which was
issued on 5/27/09.
(See attached sheet for Additional Conditions)
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit must be accessible on-site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2012
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.
v
James H. GWeyson, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
Village of Bald Head Island
ADDITIONAL CONDITIONS
Permit # 67-09
Page 2 of 2
2) Increased monitoring of the area outlined in attached Figures 2a and 2b shall begin immediately to
reduce the likelihood of any missed sea turtle nests and increase the probability of finding an emergence
from an unknown nest. This work shall be conducted at night and in a regular, routine fashion as done
during more active nesting times of the nesting season. This work shall continue to at least after
midnight on September 15`h, 2009.
3) For any staging and dredging work conducted prior to November 15`h, 2009, the permittee is encouraged
to work only during daylight hours. If work must be conducted at night prior to midnight on November
15`h, 2009, the following additional measures shall be implemented:
a. Regular, hourly monitoring shall be conducted within the project area and extending beyond the
defined project boundaries to include all areas affected by lights used in the work area.
b. Work shall only begin after an initial survey is conducted by qualified sea turtle monitoring
personnel for the presence of any nests or hatchlings.
c. Monitoring shall be conducted a minimum of once per hour during the evening when beach work
is occurring.
d. If any hatchlings are encountered during nighttime work, hatchlings shall be transported to an
area outside of the work boundaries and beyond the area impacted by lights from equipment. The
hatchlings should be released at least 15 ft. above the current water line, and allowed to crawl to
the ocean.
4) Any newly laid sea turtle nests or the discovery of a previously unknown nest in the work area which
does not meet the criteria for relocation (NCWRC guidelines) shall not be relocated. No work shall
occur within 50 meters of a known nest.
5) If sea turtle hatchlings are encountered, all work shall cease within 50 meters of the hatchlings and/or
nest, and work shall not resume until the nest is located and marked off. No work shall be allowed
within 50 meters of the identified nest for 72 hours following the first observed emergence. After the 72
hour time period has passed, the nest shall be excavated and evaluated for success criteria; only then
may work resume within that buffer.
6) This minor modification shall be attached to the original of Permit No. 67-09, which was issued on
5/27/09, and copies of both documents shall be readily available on site when Division personnel inspect
the project for compliance. All conditions and stipulations of the original permit remain in force under
this minor modification unless specifically altered herein.
7) This minor modification does not eliminate the requirement to obtain any other permits or approcals that
may be required, including but not limited to a Water Quality Certification from the Division of. Water
Quality and/or a permit from the U.S. Army Corps of Engineers.
14 LMG
f87iv *rmmeuntw# ([wu2suufftents
August 21, 2009
Mr. Tom Walker
US Army Corps of Engineers-Wilmington District
Regulatory Branch
69 Darlington Avenue
Wilmington, NC 28402
Mr. Doug Huggett
North Carolina Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557
RE: Village of Bald Head Island Beach Restoration Project - Brunswick County, NC
Revision to Permit Modification Request
Department of Army Permit Number 2007-02699
CAMA Major Permit No. 67-09
Dear Gentlemen:
In response to the recent correspondence (dated August 14, 2009) from the US Army Corps of
Engineers (USACE) and in consideration of the comments received during the on-site
interagency meeting held on August 4, 2009 on Bald Head Island, the Village of Bald Head
Island (Village) is requesting a revised permit modification to the above-referenced NC Division
of Coastal Management (DCM) CAMA Major Permit and the Department of Army (DA) Permit
for the Bald Head Island Beach Restoration Project. In light of the concerns identified by
reviewing agencies regarding potential adverse environmental impacts associated with a
September 15 start date, the Village is requesting to initiate dredge mobilization on October 15
and subsequently begin placement of sand material on a reduced area of critically-eroded
shoreline of western South Beach. The revised request is believed to satisfactorily address the
concerns identified during the interagency meeting and the recent USACE correspondence, while
concurrently satisfying the need of the permittee to complete the authorized project and
subsequently re-construct the sand tube groinfield (essential to the integrity of this and future
federal sand placement projects). The following letter provides more detailed information
regarding the request to initiate activities on October 15. An amended Essential Fish Habitat
(EFH) Report and Biological Assessment (BA) reflecting this proposed date are provided for
your use and review. In addition, the permittee is providing additional information regarding the
request to increase the maximum allowable excavation depth on Jay Bird Shoals.
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MAXIMUM ALLOWABLE DREDGE DEPTH TO -24 FT:
The permittee has requested to modify the existing DA Permit and CAMA Major Permit to
increase the maximum allowable dredge depth from -22 ft NGVD to -24 ft NGVD. By doing so,
there can be an associated 10% +/- decrease in the spatial extent of the dredge footprint area.
DESCRIPTION OF REVISED, PROPOSED START DATE AND PROJECT AREA:
In light of potential adverse impacts associated with a September 15 start date, the permittee is
requesting a modification to the DA Permit and the CAMA Major Permit to allow mobilization
activities to begin on October 15. It is anticipated that mobilization and assembly of pipe will
take approximately one week - with dredging to begin upon completion of mobilization. As part
of the effort to avoid and minimize potential disturbances to environmental resources (including
endangered species and Essential Fish Habitat), the permittee has reduced the proposed area of
nourishment (occurring prior to November 16) to the areas most acutely eroded immediately east
of the Point and continuing over a relatively small area of western South Beach. More
specifically, this area is identified as a 2,740 if segment of beach occurring between Station
42+60 and Station 70+00. An equipment mobilization area is identified between Station 36+00
and Station 42+60. Please note that the prior modification request (initiating work on
September 15) included a 9,400-1f work area (extending from Station 08+00 to Station 102+00).
The revised nourishment area represents a 71 % reduction in linear footage of beach to be
nourished prior to November 16 and is narrowly focused on the area of beach more acutely
impacted by erosion (refer to Figures 1 and 2). In conjunction with the reduced length of
shoreline to be nourished during this period, there will be an associated decrease in the spatial
footprint excavated. Based upon projections by the project engineer, it is anticipated that the
footprint to be excavated prior to November 16 comprises a 15- to 20-acre area. Dredging will
be initiated in the deeper subtidal areas near the distal (seward) end of the shoal.
NEED FOR PROPOSED START DATE:
The revised, proposed start date of October 15 will allow the permittee to satisfactorily complete
the authorized project while concurrently minimizing disturbances to environmental resources
(including EFH and endangered species habitat). As stated during the recent interagency
meeting (and communicated via written handouts), specific operational constraints of the project
will limit the production capability of the dredge contractor. It should be noted that the contract
has been awarded to the low bidder (Norfolk Dredging). Norfolk will be using a 24-inch dredge
that has a production rate of 10,000 cy per day. The smaller dredge will also be more susceptible
to wave and adverse weather conditions. The 30-inch dredge of the second low bidder (Weeks
Marine) was not available until at least December 1 (thus likely resulting in a December 15+1-
start date for sand placement). These specific constraints were not known (nor could be known)
prior to receipt of bids for construction (on July 1). Hence, these specific considerations were
not identified in the original June 18 permit modification request. However, it was anticipated
that the project could be adversely affected by the limited number of dredge contractors as
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T. MANOAMMUff +Movr.
Envivammewof Consultants
confirmed during the June 16 pre-bid meeting. The permit modification request followed
immediately after the pre-bid meeting.
Within the area of most immediate interest (i.e. South Beach), the volumetric computations of
erosion from the Physical Monitoring Report for June 08- May 09 (in preparation by Olsen
Associates) indicate that between Station 039+00 and Station 86+00, net erosion increased from
310,000 cy per year (for June 07-May 08) to 600,000 cy per year for this past year. Much of this
loss was recognized subsequent to the federal channel maintenance event. Whether these
increased sediment losses are navigation project-induced or storm-induced, should at this
juncture be irrelevant with respect to the expected outcome regarding probable upland damage
and loss. In the most critical area where the westernmost two sand tube groins have been flanked
and destroyed, the duneline recedes on a daily basis. The profile loss rate has been over 200
cy/ft of shoreline over the last twelve months. Much of the loss has been identified to occur over
the last few months. Initial losses were visually evident near the Point during March and April
(as documented by daily observations and photographs by Dr. Paul Hearty, former Director of
Conservation of the Bald Head Island Conservancy). Erosional losses accelerated to the western
portions of South Beach. As sand tubes in this area became exposed and undermined, conditions
rapidly deteriorated. While the Village anticipated adverse impacts associated with an
unmitigated channel dredging event (hence the original permit request), the degree of loss and
subsequent sand tube failure could not have been fully known or predicted.
The current MHWL location (presently endangering several homes) is clearly indicative of a
critical condition worthy of "emergency" action by the applicant. With this level of beach
profile recession and deflation, there are no small scale structural alternatives suitable for
consideration in this location. During periods of increased wave height (either from short period
wind swells or long period ground swells) and/or increased tidal amplitudes (the combination of
which will be experienced during the weekend of August 22 and August 23), existing sand bags
offer minimal protection due to their relatively low elevation and exposure. Only a large scale
fill placement type operation can even potentially begin to resolve this magnitude of erosion loss.
Thus the request by the permittee to advance the start date for construction operations continues
to be of significant importance.
As previously indicated, the rehabilitation of the sand tube groinfield is critical to minimizing
loss of sand associated with the beach fill template. The rehabilitation of the groinfield as it has
become further exposed and structurally degraded due to accelerated erosion along South Beach
has become of greater importance. The increased loss of sand at the Point and western South
Beach resulted in associated flanking and structural loss of the westernmost sand tubes. The
duration of a replacement program for the sand tube groinfield is estimated at up to 90 days±.
Beach fill construction activities and the pipeline corridor at South Beach will operationally
hinder groinfield replacement work until completion of fill placement and demobilization of all
shore pipe. Construction of a project fill without groinfield reconstruction will result in
immediate short-term compromises in beach stability in the vicinity of the Point (west end of
South Beach nearest the navigation channel). Sediment eroded from The Village beach fill
project (without groinfield replacement) will serve to reshoal the abutting navigation channel at
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rates well exceeding the recent past. Both the Village and the USACE monitoring results
indicate that the reshoaling of the navigation channel will occur at a much more rapid rate-in
the absence of a functioning structure field at this location. The USACE has concluded that the
groinfield is beneficial in this regard. It is operationally impossible to accomplish both
activities-beach fill and groinfield replacement in the timeframe presently allowed by permit.
Hence, all additional time possible is needed to ensure that, at a minimum, the most critical
segment of the structure field (located on the west end of South Beach) is constructed.
ANTICIPATED ENVIRONMENTAL CONSEQUENCES:
The proposed October 15 start date and associated reduction of work areas both at the dredge site
and the sand placement site (in advance of November 16) will not result in any additional
adverse impacts to environmental resources than that which has been previously authorized.
This is particularly evident in consideration of the existing highly erosive condition of the small
section of beachfront proposed to be nourished prior to November 16. As indicated above (and
as supported via on-going physical monitoring and site evaluations), this segment of beach is
critically eroded and unstable. The continued flanking and undermining of the sand tube groins
will result in the `unraveling' of this portion of beach and will continue to progress eastward on
South Beach. These conditions result in degraded functional habitat particularly for nesting sea
turtles. Please refer to the attached updated BA and EFH report that evaluate anticipated effects
to these resources based upon the October 15 start date. A brief summary is provided below.
Endangered Species
As requested, the BA has been revised to include additional information about the Bald Head
Island Conservancy's sea turtle nest monitoring and relocation procedures. It also contains
additional nest data, including the occurrence of missed nests between 2000 and 2009. As
indicated above, the specific area to be nourished in advance of the authorized November 16 start
date consists of an acutely eroded and unstable beach profile (see Figures 1 and 2). Nesting
beach habitat has been effectively lost in this area as the mean high water line (MHWL) is
generally located at the toe of the frontal dunes. Note that the limits of sand placement (prior to
November 16) are located outside of the areas potentially containing suitable nesting habitat (at
the Point and east of the Bald Head Island Club) as identified during the interagency site
inspections.
The permittee's revised permit modification results in a significant decrease (both spatially and
temporally) in the probability of adversely affecting nesting sea turtles. Acute erosion, ongoing
sediment losses, profile deflation and increased exposure to tidal inundation result in the
proposed sand placement area considered under this permit modification request to be
prohibitive to viable sea turtle nesting. In addition, nesting data from past years indicate that sea
turtle nests are relatively infrequent in this area. The proposed initiation of sand placement in
late October further minimizes any potential adverse effects to nesting sea turtles and their
hatchlings. Based on the unsuitable nesting habitat located in the area to be nourished prior to
November 16, the monitoring and relocation efforts of the BHI Conservancy, and the short
timeframe that the project will infringe on the nesting season, the proposed project will not affect
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loggerhead or green sea turtles. Please refer to the attached modified BA for more information
regarding endangered species and associated effect determinations.
Essential Fish Habitat
Of the twenty-six (26) identified categories of Essential Fish Habitat (EFH) and Habitat Areas of
Particular Concern, three categories (estuarine water column, marine water column, and
intertidal flats) occur within or near the permitted dredge site and the beach nourishment site. It
is recognized that species such as red drum, penaeid shrimp, black drum, striped mullet, and
summer flounder utilize the mouth of the Cape Fear River during various life stages to migrate to
and from nursery areas of interior estuarine embayments and creeks. In addition, the flood and
ebb tide shoals of the Cape Fear River serve as resting and feeding habitat for juvenile and adult
prey species. The revised, proposed start date (initiating mobilization on October 15 and
beginning dredging on or near October 22) will help to avoid the periods of peak abundances of
many of the species migrating through the mouth of the river or utilizing the tidal shoals for
resting and/or feeding habitat. In addition, the concurrent reductions in the spatial extent of the
borrow area dredged and length of shoreline nourished (prior to November 16) minimizes any
potential adverse effects to federally-managed species and EFH.
Assuming the presence of federally-managed species and/or the species they prey upon within or
near the project activities, a number of other factors (as identified in the EFH report) reduce or
eliminate the potential for any adverse impacts. These include: (1) the mobility of finfish and
associated avoidance behavior; (2) the relatively small area affected relative to the vast acreage
of subtidal and intertidal shoal habitat associated with the tidal delta complex of the Cape Fear
River and Frying Pan Shoals; (3) the volume of water entering a 24-in cutter suction dredge
relative to the volume of water entering the river (nearly imperceptible chance of entrainment
impacts); (4) active tidal currents and wave action minimizing both the temporal and spatial
effects of short term elevations in turbidity; (5) the low percentage of fine sands which further
reduces turbidity both at the dredge site and the nourishment site; (6) avoidance of intertidal
bottom and minimization of shallow subtidal areas at the dredge site; (7) selection of the borrow
site to maximize suitable post-dredging sand quality/consistency; (8) the physical conditions of
the dredge site favoring rapid infilling and benthic recovery; and (9) the presence of undisturbed,
exclusion zones serving as refuge patches and sources of colonization for benthic infauna.
The dynamic condition of the beachfront and the associated unstable beach profile in this
location likely results in decreased abundances of macroinvertebrate species (particularly
Ocypode spp.). According to Greene (2002), "Beaches that have been severely eroded to the
point that they have little or no high beach during high tide, such as some beaches in South
Carolina, may be depauperate of faunal organisms, and even devoid of ghost crabs (in such
instances, beach nourishment may actually restore lost habitat)." The potential adverse effects of
the proposed nourishment to benthic macroinvertebrates along this relatively small segment of
highly eroded beachfront are negligible. Peak recruitment periods for Donax and Emerita occur
in late Spring with abundances at their greatest during the summer. In light of the revised start
date (sand placement beginning in late October), potential adverse effects to these communities
are further minimized.
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The proposed, revised start date will result in the disturbance of approximately 15 to 20 acres of
the authorized dredge area prior to November 16. This represents approximately 10% of the
total authorized dredge footprint. Note that this level of disturbance may be offset by the
cumulative reduction of the dredge footprint associated with the increase of the maximum
allowable dredge depth to -24 ft NGVD (which is predicted to reduce the overall footprint by
10%). Additionally, the area affected prior to November 16 represents a fraction (< 1.0%) of the
expansive intertidal and shallow subtidal habitat that can be utilized by fish species present
within the Cape Fear River tidal delta during this period (not considering the vast shoal complex
associated with Frying Pan Shoals).
The Village has modified the permit modification request to reduce the potential for adverse
effects to environmental resources while concurrently satisfying the need for an advanced start
date. Based upon the considerations outlined above, it is believed that the proposed permit
modification will not result in any greater level of disturbance to these resources than that which
has been previously authorized under the DA permit and the CAMA Major Permit.
Should you have any questions or require any additional information regarding the revised
permit modification request, please feel free to contact me either by email at
[e-mail] or by phone at 910-452-0001. Thank you for your continued attention to
this matter.
Sincerely,
Land Management Group, Inc.
yo I
Christian Preziosi
Section Manager
cc. Cyndi Karoly - NCDWQ - Raleigh
Calvin Peck - Village of Bald Head Island
Erik Olsen - Olsen Associates, Inc.
encl.
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