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HomeMy WebLinkAbout19970915 Ver 1_COMPLETE FILE_19920101September 18, 1998 MEMORANDUM TO: Ed Buckner FROM: Eric Fleek 7 '0? F? THROUGH: John Dorn b) SUBJECT: Draft EA-Waterborne Refueling Operations, New River (ONSLOW) Based on a review of the draft EA for this project, the 401/Wetland Unit offers the following comments, which should be addressed in any subsequent EA/FONSI. As is stated in the EA these operations will take place within the New River from Ragged Point to the New River Inlet. On Page 8 the EA notes that the waters of the New River are classified as SA and SC and all operations will be restricted to areas with depths of at least 4' and will avoid areas within 100' of the river bank. In addition and (as noted on Page 16) all operations will be conducted away from known (or visible) SAV and would be conducted away from any Oyster management Areas. Additional restrictions (except as noted below) which we believe should be administered are as follows: 1) Operations should be restricted from the following areas (a, d, and e) of the New River: Index Number Description Class a) New River; 19-(27) From a line extending across New River from SA Grey point to a point of land approx. 2200 yds. Downstream from mouth of Duck Creek to Atlantic Ocean, including all unnamed bays, Creeks, & other waters except for (b) and (c) below: b) New River-Restricted 19-31 All waters within 1,000 yards of earthen dock SC Area #1 at the U.S. Marine Corps Rifle Range c) New River-Restricted 19-37 All waters witihin a line beginning at the Gov't SC Area #2 Dock I from of U.S. Coast Guard Detachment Barracks at Marines and running a SW course 1,000 yards to Channel Marker #13, thence a SE course d) New River 19-(11) From Atlantic Coast Line Railroad Trestle to SC HQW NSW Mumford Point e) New River 19-(10.5) From U.S. Hwy. 17 Bridge to Atlantic Coast SB HQW NSW Line Railroad Trestle If there are any questions or comments regarding this matter please feel free to call at (919) 733-1786. e Y ,? U r ? i ?so r? ?' -7 ER-97-171 DRAFT ENVIRONMENTAL ASSESSMENT FOR WATERBORNE REFUELING OPERATIONS ON THE NEW RIVER ONSLOW COUNTY, NORTH CAROLINA Responsible Officer: Commanding General Assistant Chief of Staff, Training, Education, and Operations Marine Corps Base PSC Box 20004 Camp Lejeune, North Carolina 28542-0004 (910) 451-5326 Point of Contact: Major Johnny D. Borja Training, Education and Operations (910) 451-5326 AUGUST 1998 Enclosure (i X DRAFT ENVIRONMENTAL ASSESSMENT FOR WATERBORNE REFUELING OPERATIONS ON THE NEW RIVER ONSLOW COUNTY, NORTH CAROLINA Summary The Marine Corps is proposing to institute waterborne refueling training operations on the New River, Onslow County, North Carolina. The purpose of waterborne refueling training operations is to ensure that the boat crews and Marines of the Bulk Fuel Company are proficient in refueling operations in riverine environments and that the deployment concept for riverine craft and refueling platforms is refined and integrated into the existing Marine Corps doctrine. The types of riverine craft that would currently be involved in the waterborne refueling training operations include the Riverine Assault Craft (RAC), Rigid Raiding Craft (RRC), and Combat Rubber Reconnaissance Craft (CRRC). The RAC, RRC and CRRC provide the Marine Corps with capabilities to conduct riverine operations in a low intensity conflict environment. Real world contingency operations include, but are not limited to, illegal drug interdiction. It is anticipated that there would be no more than one riverine training operation, involving waterborne refueling, per month. The waterborne refueling events would be conducted during the daylighthours only and would not exceed one week in duration. In addition, one major riverine exercise would be conducted during the spring or summer months which would also include waterborne refueling during daylight hours. The Marine Corps riverine craft must be able to operate at high speeds with quick maneuverability so they can serve as command and control vessels, armed escorts, troop transport, pursuit/intercept craft, scout and patrol craft, and provide direct fire support. The RAC, RRC, and CRRC are used to perform these functions in situations where they must be able to sustain operations indefinitely on the water. In order to sustain. an operation indefinitely, waterborne refueling must be part of that operation. As a result, training to conduct waterborne refueling is required. It is essential for waterborne refueling training to be conducted in a geographical location similar to the environment in which the craft and crew function during periods of conflict. This environmental assessment addresses impacts associated with conducting waterborne refueling training operations on the New River. Conducting waterborne refueling training operations on the New River is the Proposed Action and the preferred alternative. One other alternative, the No Action Alternative, is discussed. The No Action Alternative consists of continuing the status quo of refueling riverine craft from a fixed tank on land or a pier. Foreseeable adverse impacts that could result from waterborne refueling training operations would be fuel spills on the water and the related impact to surface water and water quality, air quality, submerged aquatic vegetation, fish and shellfish, wildlife, coastal zone, and recreational and commercial fishing. However, the Spill Prevention, Control, and Countermeasures Plan has been developed to mitigate potential adverse impacts from fuel spills. I r All participating units would be required to have spill response kits aboard each floating platform and riverine craft with crews trained to respond properly should spills or other emergencies occur. All refueling activities would be conducted and supervised by Marines of the Bulk Fuel Company. Personnel assigned to this unit have received significant training in the operation and maintenance of the fueling equipment, including use of the fuel bladders and SIXCON fuel tank modules. Fuel containers onboard the platform would be stored within a non-permeable containment berm. ? T Y CONTENTS Chapter 1.0 Purpose of and Need For Action 1.1 Introduction 1.2 Purpose of the Proposed Action 1.3 Need for the Proposed Action 1.4 Description of the Proposed Action 1.5 Environmental Review Process Chapter 2.0 Alternatives 2.1 Description of Alternatives 2.1.1 No Action Alternative 2.1.2 Proposed Action Alternative 2.1.3 Alternatives Considered but Dismissed 2.2 Evaluation of Alternatives Chapter 3.0 Affected Environment 3.1 Physical Environment 3.1.1 Surface Water and Water Quality 3.1.2 Air Quality 3.1.3 Hazardous Substances 3.1.4 Cultural Resources 3.2 Natural Resources 3.2.1 Submerged Aquatic Vegetation 3.2.2 Fish and Shellfish 3.2.3 Wildlife 3.2.4 Protected Species 3.2.5 Coastal Zone 3.3 Socioeconomic Characteristics 3.3.1 Transportation and Navigation 3.3.2 Commercial Use 3.3.3 Recreation Resources Chapter 4.0 Environmental Consequences 4.1 Physical Environment 4. 1.1 Surface Water and Water Quality 4.1.2 Air Quality 4.1.3 Hazardous Substances 4.1.4 Cultural Resources 4.2 Natural Resources 4.2.1 Submerged Aquatic Vegetation 4.2.2 Fish and Shellfish 4.2.3 Wildlife 4.2.4 Protected Species 4.2.5 Coastal Zone 1 1 1 3 5 5 5 7 7 8 8 9 9 9 10 10 10 10 10 11 11 11 11 11 12 12 12 13 13 15 15 15 16 16 16 16 ? T Y 4.3 Socioeconomic Characteristics 17 4.3.1 Transportation and Navigation 17 4.3.2 Commercial Use 17 4.3.3 Recreation Resources 17 4.4 Cumulative Impacts 18 Chapter 5.0 References 19 Chapter 6.0 List of Preparers 20 Chapter 7.0 List of Agencies and Persons Contacted 22 Appendix A Figures Appendix B Waterborne Refueling Standard Operating Procedures LIST OF TABLES Table 1 - Characteristics of Riverine Craft 5 Table 2 - Characteristics of Floating Platforms 6 Table 3 - Capacity of Fuel Containers 6 LIST OF FIGURES Appendix A Figure 1 - Project Region Figure 2 - Project Area Figure 3 - Riverine Assault Craft (RAC) and Rigid Raiding Craft (RRC) Figure 4 - Combat Rubber Reconnaissance Craft (CRRC) and Bridge Erection Boat (BEB) Figure 5 - 6 Bay Ribbon Bridge and Landing Craft Mark 6 (LCM-6) Figure 6 - Landing Craft Mark 8 (LCM-8) and Landing Craft Utility 1600 (LCU) Figure 7 - Fuel Bladders and SIXCONs Figure 8 - Typical Waterborne Refueling Setup Figure 9 - Riverine Craft Secured to Floating Platform Figure 10 - Waterborne Refueling Procedure CHAPTER 1.0 - PURPOSE OF AND NEED FOR ACTION 1.1 INTRODUCTION During the Vietnam War, the United States developed a robust capability to conduct operations in a riverine environment. Since then, this capability has notably declined. The United States Marine Corps is the only service within the Department of Defense pursuing and maintaining the capability to operate in the riverine environment. The Second Marine Expeditionary Force (II MEF) pursues conventional riverine operational capability through the Riverine Training Center located at Marine Corps Base, Camp Lejeune. Camp Lejeune is located in the southern coastal area of Onslow County, North Carolina (Figure 1) and provides the necessary facilities for II MEF organizations to maintain their combat readiness. Training is integral to the II MEF in maintaining combat readiness. The primary riverine environment at Camp Lejeune is the New River. The lower portion of the New River bisects Camp Lejeune. The New River supports a wide variety of activities including recreational and commercial fishing and shellfishing, recreational and commercial boating, and military training. r 1.2 PURPOSE OF THE PROPOSED ACTION The Marine Corps is proposing to institute waterborne refueling training operations on the New River from the New RIVer"?,I"r' t ' Ragged ,Point (Figure 2). Training operations within the New River would occur in depths of at least "4 feet, but would avoid areas''within 100 feet from the river..banks.f No waterborne refueling training operations for riverine craft would be conducted in the Intracoastal Waterway or the Atlantic Ocean. The purpose of waterborne refueling training operations is to ensure that the boat crews and Marines of the Bulk Fuel Company are proficient in refueling operations in riverine environments and that the deployment concept for riverine craft and refueling platforms is refined and integrated into the existing Marine Corps doctrine. The types of riverine craft that would currently be involved in the waterborne refueling training operations include the Riverine Assault Craft (RAC), Rigid Raiding Craft (RRC), (Figure 3), and Combat Rubber Reconnaissance Craft (CRRC), (Figure 4). An additional water craft which could be refueled on the water is the Bridge Erection Boat (BEB), (Figure 4). Bridge Erection Boats are used to maneuver the individual Ribbon Bridge sections and the 6 Bay Ribbon Bridge. The RAC, RRC, and CRRC provide the Marine Corps with capabilities to conduct riverine operations in a low intensity conflict environment. Real world contingency operations include, but are not limited to, illegal drug interdiction. 1.3 NEED FOR THE PROPOSED ACTION The Marine Corps riverine craft must be able to operate at high speeds with quick maneuverability so they can serve as command and control vessels, armed escorts, troop transport, pursuit/intercept craft, scout and patrol craft, and provide direct fire support. The RAC, RRC, and CRRC are used to perform these functions in 1 situations where they must be able to sustain operations indefinitely on the water. In order to sustain an operation indefinitely, waterborne refueling must be a part of that operation. As a result, training to conduct waterborne refueling is required to ensure that Marines are ready to proficiently, safely, and correctly' conduct waterborne refueling operations in a real world scenario when called upon. It is essential for waterborne refueling training to be conducted in a geographical location similar to the environment in which the craft and crew function during periods of conflict. Conducting these training operations in the Camp Lejeune area will ensure that training and tactics for deployment of the waterborne refueling platforms are fully integrated and compatible with existing infantry tactical operational doctrine. Scenarios frequently used for riverine operations involve South and Central American coastline and river areas. Often, in these areas, there are no fixed piers or built-up stable pier facilities which are available for riverine craft refueling operations. Access to piers may be denied by hostile forces. In addition to the lack of roads allowing access to the shoreline, rivers are often located in areas dominated by thick foliage and jungle which make the use of surrounding land impossible for the buildup of logistical re-supply and refueling sites. The use of riverine craft without waterborne refueling capability in these scenarios is not tactically sound and would severely curtail the capability, flexibility, and survivability of II MEF conventional riverine operations. 1.4 DESCRIPTION OF THE PROPOSED ACTION The RAC, RRC, and CRRC can be refueled on the water from several different floating platforms. These floating platforms include the 6 Bay Ribbon Bridge, Landing Craft Mark 6 (LCM-6), (Figure 5), Landing Craft Mark 8 (LCM-8), or Landing Craft Utility (LCU) 1600, (Figure 6). The floating platforms would hold bulk fuel, either unleaded gasoline or diesel fuel, and fuel dispensing equipment. Fuel would be contained within and dispensed from either fuel bladders, or the SIXCON fuel tank module (Figure 7). SIXCON fuel tank modules are rigid storage containers that could be set up in various configurations. The fuel bladders or SIXCONs may remain loaded on the tactical vehicles used for transportation. All fuel`' containers or tactical ° vehicles loaded with fuef containers would be placed in non-permeable containment berms to prevent release of fuel into'. the water. The maximum amount of bulk fuel available to dispense on a floating platform would.-be ?'.2700 gallons of fuel, by using (3) three SIXCON fuel tank modules, each with a 900 gallon fuel capacity. Only one floating platform at a time would be used for an operation. It is anticipated that there would be no more than one riverine training operation, involving waterborne refueling, per month. The waterborne refueling events would be conducted during the daylight hours only and would not exceed one week in duration. In addition, one major riverine exercise would be conducted during the spring or summer months which would also include waterborne refueling during daylight hours. If changes to the frequency of waterborne refueling training operations are made, and these changes have the potential to significantly impact the affected environment, further analysis would be conducted in accordance with the National Environmental Policy Act of 1969 .(NEPA), 42 U.S.C 4321. et seq___ 2 Participants in the waterborne refueling training operations would include active duty and reserve units of the Marine Corps, other Department of Defense organizations (such as the Army, Navy, and Coast Guard), and foreign military organizations. Various small craft and floating platforms from other groups, which are similar to Marine Corps riverine craft and floating platforms may be used in training operations. However, no fuel containers or refueling equipment from other groups would be used. All refueling activities would be conducted and supervised by Marines of the Bulk Fuel Company. Personnel assigned to this unit have received significant training in the operation and maintenance of the fueling equipment, including use of the fuel bladders and SIXCON fuel tank modules. As newer riverine craft, floating platforms, fuel containers, and refueling equipment are introduced into the Marine Corps inventory, they will be included in waterborne refueling training operations. If there is any substantial change in the way the newer versions of craft, platforms, containers, and refueling equipment are used from that which is documented in this EA, additional impact analysis will be performed in accordance with the NEPA. 1.5 ENVIRONMENTAL REVIEW PROCESS This Draft Environmental Assessment (EA) addresses potential environmental impacts associated with proposed waterborne refueling training operations on the New River. It has been prepared in compliance with Section 102 of the NEPA; the Council on Environmental Quality Regulations for Implementing NEPA (40 CFR Parts 1500-1508); and Marine' Corps Order P5090.2, Environmental Compliance and Protection Manual. The U.S. Marine Corps is the lead agency for the Proposed Action. An EA is a concise public document for which a federal agency is responsible. An EA briefly provides sufficient evidence and analysis for determining whether to prepare an Environmental Impact Statement or a Finding of No Significant Impact. This Draft EA will be circulated to certain concerned local and state persons for their review on the scope of the environmental impact analysis. A meeting will be held to discuss comments from this initial review. Results of this meeting and pertinent comments will be addressed and incorporated into a Final EA. The Final EA will be circulated to the North Carolina Clearinghouse and a notice of availability will be published to inform the public. A Federal Coastal Consistency Determination is required for the Proposed Action. For this Draft EA, it was determined that the scope of environmental resource categories to be addressed should include: surface water and water quality, air quality, hazardous substances, cultural resources, submerged aquatic vegetation, fish and shellfish, wildlife, protected species, coastal zone, commercial use, transportation and navigation, and recreation resources. It was determined that the following environmental resources categories would not be impacted by the Proposed Action: climate, geology, subsurface hydrology, noise, utilities and infrastructure, population, and environmental justice. They were excluded from further analysis for the following reasons: • The Proposed Action would not cause any change to the climate, geology, or subsurface hydrology. 3 *The Proposed Action would not generate any new noise activities. *The Proposed Action does not include construction and would not require an increase in utility usage. *The Proposed Action would not require an increase in the current population of Camp Lejeune or any surrounding municipalities. *The Proposed Action would take place on the New River and its activities would not affect any localized areas of minority or low-income populations. 4 CHAPTER 2.0 - ALTERNATIVES This section presents the alternatives and the environmental impacts associated with each alternative. The evaluation of environmental impacts associated with each alternative is based on information from Section 3.0 - Affected Environment and Section 4.0 - Environmental Consequences. 2.1 DESCRIPTION OF ALTERNATIVES 2.1.1 No Action Alternative Under the No Action Alternative, the Marine Corps would not conduct waterborne refueling training operations. The current situation of refueling riverine craft from a fixed point on shore would continue. Riverine craft are presently refueled from a tanker truck, SIXCON fuel tank modules on tractor trailers, or stationary fuel tanks located on nearby Camp Lejeune piers. With the No Action Alternative, the need for simulating tactical refueling operations from a waterborne platform could not be fulfilled. Without this vital training, military personnel would not be ready to respond to critical situations around the world in a safe and timely manner. 2.1.2 Proposed Action Alternative The Proposed Action Alternative is instituting waterborne refueling training operations on the New River. Figure 8 depicts a typical waterborne refueling setup. A riverine craft to be refueled would first approach the side of a floating platform. The craft would be secured to the floating platform, then enclosed within a containment floating boom system (Figure 9). Either unleaded gasoline or diesel fuel would be dispensed in accordance with standard operating procedures (SOP) for waterborne refueling (Figure 10). The Waterborne Refueling SOP is located in Appendix B. Refueling operations could also include refueling of the floating platform engines from the fuel being carried aboard. Characteristics of the riverine craft to be refueled on the water are shown in Table 1 and characteristics of the floating platforms are in Table 2. Other types of similar floating platforms may be used in future operations. Platform choice would be limited to those with sufficiently shallow draft which allow access to shallow sections of the New River. Table 1 - Characteristics of Riverine Craft CRAFT LENGTH WIDTH DRAFT FUEL CAPACITY FUEL TYPE RAC 34' 11 8' 10" 2' 180 Gallons Diesel RRC 18' 6" 8' 2" 22" 56 Gallons Unleaded CRRC 15' 6" 6' 8" 6 or 18 Gallons Unleaded BEB 27' 8' 2' 75 Gallons Diesel Table 2 - Characteristics of Floatina Platforms FLOATING LENGTH WIDTH DRAFT FUEL FUEL TYPE PLATFORM CAPACITY, 6 Bay Ribbon 133' 43' 2' N/A iesel Bridge Note: (1) LCM-6 56' 14' 4" 5' 768 Gallons Diesel Note: (2) LCM-8 73' 7" 21' 1" 4' 10" 1100 Gallons Diesel Note: (3) F LCU 1600 134' 9" 29' 9" 6' 10" 3288 Gallons Diesel Note: (1) The 6 Bay Ribbon Bridge is maneuvered using Bridge Erection Boats. Note: (2) The LCM-6 is organic to LHA, LKA, and LSD-36 ships. Note: (3) LCM-8 aboard USS Charleston, LKA, length 74'6", width 21' 1", draft 4' 3". 2 0^ . Fuel would be dispensed from containers listed in Table 3. These containers would be placed aboard the platform and operated by personnel from Bulk Fuel Company. Marines serving in Bulk Fuel Company will have received extensive training and must receive certification in the operation and handling of a large variety of fueling equipment and fuels before being assigned to the Bulk Fuel Company. Each fuel container would be enclosed in a non-permeable containment berm, which would be required to contain the entire amount of fuel held by the container. Both SIXCON fuel tank modules and fuel bladders could be loaded onto a combat vehicle, which would then be driven onto the floating platform. In this situation, the containment berm would be constructed to contain the vehicle carrying the fuel containers. `?Sa Table 3 - Capacity of Fuel Containers FUEL CONTAINER CAPACITY Fuel Bladder 500 Gallons SIXCON 900 Gallons Units wanting to conduct waterborne refueling activities would submit a request to the Commanding General of II MEF. The .II MEF would forward the request to the appropriate command element for the Bulk Fuel Company and, if needed, the request would be forwarded to the command element of the Bridge Company, requesting support for the training operation. If the request can be supported, the II MEF would forward the request to Assistant Chief of Staff of the Training, Education and Operations Department. Training, Education and Operations would reserve a range sector on the river and conduct Range Safety Office functions. During this time period the request would be reviewed by the Environmental Management Department for the appropriate spill protection elements. After appropriate details are addressed 6 satisfactorily, Training, Education and Operations would return their concurrence to the II MEF, who would then forward the approval to the requesting unit. 2.1.3 Alternatives Considered but Dismissed Other military installations with coastal environments were considered for waterborne refueling training operations. None of them currently conduct waterborne refueling training operations. However, these other locations were dismissed for several reasons. The units of Marines who conduct the training are stationed at Camp Lejeune. The equipment is located at Camp Lejeune. There are established training ranges for live fire at Camp Lejeune for which the waterborne refueling training operations support as part of the overall training. Using another military installation to conduct waterborne refueling training operations is not feasible when considering the time required, coordination effort, and cost of transporting and housing troops and equipment. 2.2 EVALUATION OF ALTERNATIVES The No Action Alternative does not meet the project purpose or need. The No Action Alternative has the potential to impact the following resources due to the possibility of a fuel spill from refueling operations: surface water and water quality, air quality, submerged aquatic vegetation, fish and shellfish, wildlife, coastal zone, and recreational and commercial fishing. The Proposed Action does meet the project purpose and need. The Proposed Action Alternative has the potential to impact the following resources due to the possibility of a fuel spill from refueling operations: surface water and water quality, air quality, submerged aquatic vegetation, fish and shellfish, wildlife, coastal zone, and recreational and commercial fishing. The Proposed Action could also impact commercial and recreational boat traffic on the New River. The Proposed Action is the preferred alternative. The ability to refuel riverine craft away from the main operating base greatly enhances the flexibility, capability, and survivability of II MEF conventional riverine operations, all essential elements to the successful accomplishment of their mission. CHAPTER 3.0 - AFFECTED ENVIRONMENT This section describes the environment of the area which would be affected by the waterborne refueling training operations. 3.1 PHYSICAL ENVIRONMENT 3.1.1 Surface Water and Water Quality The New River is a "blackwater" river located within the White Oak River Basin of the Coastal Plain. This watershed is entirely contained within Onslow County. The upper reaches of the New River and its tributary streams are generally surrounded by gum-cypress swamps, while the lower reaches are affected by tides. Most of the tidal portion of the New River is contained within the Camp Lejeune Marine Corps Base. As an estuarine environment, interacting with both the marine environment along the shore and the network of non-tidal streams throughout the Base, the New River watershed contains a wide variety of aquatic habitats for wildlife (Marine Corps Base, Camp Lejeune, 1994). The lower fifteen miles of the New River bisect Camp Lejeune. The width of this portion of New River is highly variable, ranging from two hundred yards to two miles. The depth of the New River is highly variable and tidal, ranging from two feet to twelve feet or more at New River Inlet. The New River receives stormwater runoff from both civilian and military roads,and facilities. Additionally, it receives the treated effluent from wastewater treatment plants. The North Carolina Department of Environment and Natural Resources assigns water quality classifications for all surface waters in the state. The New River waters are classified by Title 15 of the North Carolina Administrative Code as %%, and SC. , . Waters which are SA are those which_,produce marketable shellfish. Waters which are°` w -; SC are suitable for fin fishing, but not for primary recreation or shell fishing Much of , , the New River shorelines have areas of wetland ecosystems classified as either t. freshwater or saltwater marsh, depending on average salinity of the nearby waters. Most streams that feed into the New River, including French Creek; "are classified as High Quality Waters because they serve as nurseryareas for commercially,harvestable , fin fish. Camp Lejeune's Environmental Management Department collects water quality h N data at thirteen sampling stations on the New River and compiles the data in an annual report. The data is collected to comply with the Stream Sampling Requirements of the Special Order by Consent, North Carolina Environmental Management Commission Water Quality Number 92-06. The sampling period is from April through October of each year starting with 1992 and scheduled to end in 1999. Following expiration of the Special Order by Consent, New River water quality data will be collected in accordance with National Pollutant Discharge Elimination System Permit N00063029. The sampling stations are at the following locations: Wilson Bay, New River near Paradise Point, New River near Hadnot Point, Farnell Bay (3 stations), Spring Point (3 stations), Grey Point (3 stations) and New River near Hines Point. The sampling frequency is weekly for the environmental data parameters: dissolved oxygen, salinity, 8 conductivity, pH, temperature, tide, wind direction and secchi depth. The sampling frequency is twice per month for total phosphorus, total Kjeldahl nitrogen, ammonia, nitrate-nitrite, chlorophyll-a and phytoplankton (Marine Corps Base, 1995 & 1996). The Environmental Management Department notifies the state when abnormal readings are collected for pH, chlorophyll-a, or surface dissolved oxygen. An abnormal reading for pH would be less than 5 units or greater than 8 units. An abnormal reading for chlorophyll-a is greater than 30 parts per billion. Surface water dissolved oxygen readings below 3 mg per liter (mg/L) or greater than 9 mg/L are considered abnormal. Abnormal readings can be attributed to changes in temperature, tides, weather related events or wastewater treatment plant discharges (Personal Communication, Pat Raper, Camp Lejeune Environmental Management Department). 3.1.2 Air Quality The ambient concentrations of pollutants in Onslow County are well below national standards for the following: total suspended particulates, sulfur dioxide, carbon monoxide, ozone, nitrogen oxides, and lead. Therefore, Camp Lejeune and the New River area are in attainment with the Clean Air Act National Ambient Air Quality Standards for all criteria pollutants. 3.1.3 Hazardous Substances Waterborne refueling training operations would involve the storage and transport of both commercial grade unleaded gasoline and diesel grade fuel. The maximum amount of fuel on a floating platform would be approximately 2700 gallons of fuel during any one training scenario. The Clean Water Act regulates the discharge of pollutants into any navigable surface waters from any point source including, but not limited to, stormwater drainage systems, aircraft and vehicle wash racks, industrial facilities, sewage treatment facilities and vessel operations on the water. The Clean Water Act contains specific provisions that require the immediate reporting and cleanup of oil and hazardous substance spills. Requirements of the Clean Water Act have been codified by the North Carolina Oil Pollution and Hazardous Substance Control Act, which makes the discharge of oil and other hazardous substance into the lands and into the waters of the State an illegal action. 3.1.4 Cultural Resources Research done for the Camp Lejeune Wastewater Treatment System Upgrade Environmental Impact Study indicated two shipwrecks charted in the New River (Marine Corps Base, Camp Lejeune, 1994). The New River has the potential for additional, yet unknown, underwater archeological resources because of its active maritime history. 3.2 NATURAL RESOURCES 3.2.1 Submerged Aquatic Vegetation Recent studies have identified the importance of submerged aquatic vegetation (SAV) to the overall health of river and estuarine ecosystems. The SAV may provide shelter, cover and food to a variety of aquatic life, including insects, invertebrates, mollusks, fish, birds and sea mammals. The SAV is also responsible for the development of a significant portion of the dissolved oxygen required by these water ecosystems. Root systems of SAV provide a large amount of cleansing action to waters having a high nutrient load. The SAV usually occurs in fairly shallow waters, mostly 3 to 4 feet deep relative mean low water (Personal Communication, Randy Ferguson, National Marine Fisheries). They generally grow within 50 feet of the shoreline or near high terrain features along the river bottom. One SAV, the species Zostera, commonly known as eelgrass, has been seen in Traps Bay in the New River (Personal communication, Fritz Rhode, North Carolina Division of Marine Fisheries). 3.2.2 Fish and Shellfish Many fish species are dependent upon the estuarine environment of the New River for such critical functions as spawning, feeding, migration and growth (Lucas et al, 1996). Finfish most commonly present in the New River include: Croaker (Micropogonias undulatus), gray trout (Cynoscion regalis), striped mullet (Mugil cephalus), southern. kingfish (Menticirrhus americanus), spot (Leiostomus xanthurus), summer flounder (Paralichthys dentatus), and Virginia mullet (Menticirrhus littoralis). Atlantic menhaden (Brevoortia tyrannus) is one fish species that uses the New River as a nursery area. Shellfish commonly found in the New River include: blue crab (Callinectes sapidus), eastern oyster (Crassostrea virginica), hard clams (Mercenaria mercenaria), and shrimp (Paneaeus spp.). There are several Oyster Management Areas in the New River (Figure 2). 3.2.3 Wildlife Wildlife associated with the New River include: wood duck (Aix sponsa), American osprey (Pandion haliaetus), brown pelican (Pelecanus occidentalis), piping plover (Charadrius melodus), Wilson's plover (Charadrius wilsonia), Double-crested cormorant (Phalacrocorax auritus), coot (Fulica americans), pied-billed grebe (Podilymbus podiceps), horned grebe (Podiceps auritus), red-breasted merganser (Merges serrtor), hooded. merganser (Lophodytes cucullatus), ring-necked duck (Aythya affinis), and greater scaup (Aythya marila). 3.2.4 Protected Species Threatened and endangered species are managed by the United States Fish and Wildlife Service, as required by Section Seven of the Endangered Species Act. Endangered species of Marine Mammals are protected by the Marine Mammals Protection Act and are managed by the U.S. Department- of Fisheries. The American 10 Alligator, which is classified as Threatened due to similarity of appearance to the American Crocodile, is a permanent resident of the coastal marshes, brackish creeks, and open water of the New River and its tributary system, including the Atlantic Intracoastal waterway. Population levels are deemed stable. Preferred habitat for the alligator is in water with a good ratio of open to dissected water courses. Areas with heavy to moderate vegetative cover including cordgrass, and rushes"as found within the coastal marshes and tidal creeks along the Atlantic Intracoastal Waterway and within the New River are considered prime habitat. Alligators are known to traverse the New River at its widest expanse. While protected species of marine mammals occur in the nearby Atlantic Ocean, none are known to occur within the confines of the New River. 3.2.5 Coastal Zone The New River is in the coastal zone. Federal activities that affect any water use or natural resource of the coastal zone must be carried out in a manner which is consistent, to the maximum extent practicable, with the enforceable policies of approved State management programs. 3.3 SOCIOECONOMIC CHARACTERISTICS 3.3.1 Transportation and Navigation Boating on the New River can be divided into three user type categories: commercial fishing vessels, pleasure vessels and military vessels. All river traffic is controlled by the United States Coast Guard. Surface Water Restricted Areas (SWRA) or Surface Water Prohibited Areas (SWPA) are established which restricts civilian access to an area when military training creates dangerous situations. The establishment of permanent SWRA and SWPA's are identified on nautical charts in order to provides notice to mariners. A Notice to Mariners is published via the Coast Guard when an area will be temporarily used for military operations. Although this notice is published there are no restrictions placed on use of these areas by the public during military boat operations. 3.3.2 Commercial Use The New River is used for commercial fishing and boating. Commercial fishing and boating are an important part of North Carolina's coastal economy (Lucas, et al, 1996). The water quality of the New River is important to commercial fishing and boating. 3.3.3 Recreation Resources The New River is used for recreational fishing and boating. 11 CHAPTER 4.0 - ENVIRONMENTAL CONSEQUENCES This section discusses the environmental impacts of the alternatives. Direct and indirect impacts, long-term and short-term effects, unavoidable effects, irreversible and el irretrievable resource commitments are discussed with relation to pertinent resource categories. Mitigative measures are documented where applicable. . .1, ell'c' 4.1 PHYSICAL ENVIRONMENT ic 4.1.1 Surface Water and Water Quality V /t The No Action Alternative has the potential to adversely impact surface water ' and water quality because of the potential for a petroleum spill from a land based fuel source when refueling a riverine craft. Standard operating procedures for refueling riverme craft are followed to p re res Dose rotes ent the possibility of a spill. ` 1f ac-spilt =occurs the ri ri craft pp p p p ' evn, and ° cleanup Protocols will e imlerrnfed ? immediately to 'minimize'the mpact to., water quality. The Proposed Action Alternative has the potential to adversely impact surface n water and water quality because of the potential for a petroleum spill from a leaking fuel ? container on a floating platform or a spill during a refueling procedure from a floating platform to riverine craft. Because of the containment systems which would be in place, it is less likely for a release to occur from a leaking fuel container. The fate of a petroleum spill is determined by the following processes: spreading, evaporation, emulsification, dispersion, dissolution, and sedimentation. How rapidly a petroleum spill spreads is dependent on viscosity, pour point, and the ambient air temperature. Evaporation processes begin immediately after a petroleum spill and is controlled by the composition of the fuel, slick thickness, ambient air temperature and solar radiation, windspeed, and wave height. Emulsification is the process of water being incorporated into oil. Water turbulence causes the dispersion of petroleum spills, the physical transport of oil droplets into the water column. Individual compounds of the petroleum product can be lost to water through dissolution. ' Sedimentation occurs, in areas with high sediment loads in the water, when petroleum / from a spill can be adsorbed to suspended sediments and then deposited at the bottom of the water body. These processes are influenced by the physicochemical properties of the spilled material, spill characteristics, and environmental conditions of the spill area (Irwin et al. 1997). Gasoline is categorized as a light hydrocarbon petroleum product and is highly volatile and soluble in water. Given these properties gasoline is ranked as least persistent in aquatic environments as compared with other petroleum products. Gasoline evaporates quickly and often completely within one to two days after a spill. Diesel fuel is categorized as a light, middle distillate and is moderately volatile and soluble in Water. Up to two-thirds of a diesel spill amount could disappear from surface waters after a few days (Irwin et al. 1997). Temperature, wind speed, solar radiation, wave action, and biodegradation, coupled with evaporation, speed up the break down process of gasoline and diesel fuel 12 on surface waters. A study of gentle aeration of the oil-in-water dispersion resulted in a loss of total aqueous hydrocarbons of 80 to 90 percent in 24 hours (Irwin et al. 1997). Standard operating procedures for refueling riverine craft (Appendix B) would be followed to prevent the possibility of a spill -'If' a-spin uvere to occur, the appropriate response, protection,., and. cleanup: protocols<-would be rmmlad'iately implemented to minimize the impact,.to water-quality. t - 4.1.2 Air Quality There would be a release of volatile organic compounds when refueling riverine craft for both the No Action Alternative and the Proposed Action Alternative. Any emissions from refueling riverine craft would be the same whether refueling from a land-based fuel source or from a waterborne refueling platform. Between the alternatives, there is not a net increase in air emissions. Because Camp Lejeune is in an attainment area and due to the nature of the release, these releases of volatile oraanic compounds are exempt from rea?,?atnr? IimitG and from inven.__ tory=r?.ttl sir. mr,ts. Neither the No Action Alternative nor the Proposed Action A ternative is expected to have adverse impacts to air quality. 4.1.3 Hazardous Substances There is a potential to spill unleaded gasoline and diesel fuel into the New River tinn nit wnnti ed r AI na?i a ti' o d th P f b th th No A T id d ?1 t l 1'' : _ ve. er n an e ropos or o e c o avo an , , minimize this possibility for a petroleum spill, there is a Spill Prevention, Control, and jV Countermeasures Plan (SPCC Plan). This plan addresses petroleum, oils, and y lubricants (POL) management activities for all commands at the Base. The SPPC Plan provides planning and contingency requirements necessary to prevent the discharge of POLs into the navigable waters of the United States. The SPPC plan is currently used for the refueling of riverine craft from land, the No Action Alternative, and would be followed for the Proposed Action, waterborne refueling training operations. Units participating in waterborne refueling training operations would be required to, have a Spill Response K'it onboard.. each vessel and -ifloating platform. The, Spill Response Kit "includes- absorbent fhaterials to contain the spill and would be used for immediate resolution of any release of fuels. Each' vessel commander would have a complete spill contingency plan developed and posted which provides a plan of action in the event of a spill. All craft being refueled would be enclosed in a contain nt flna+inn boom LZd°?J system which would contain any fuel which might be released during refueling. j Refueling operations would be conducted only by trained and certified members of the ho? Oil Bulk Fuel Company. All vessel operators would be trained in the safe approach of the i floating platform prior to any refueling activities. The. Marine Corps Environmental Compliance and- Protection Manual (MCO C_ P5090.2) addresses the requirement to comply with environmental laws and . regulations. It identifies the mechanism of achieving compliance by holding all Commanding Officers accountable for spill notification. It ensures trained personnel are available to respond and have appropriate equipment readily available. In order to carry out the requirements in MCO P5090.2, the Commanding General of Camp Lejeune has created Base Order 11090.113, Oil Pollution Prevention/Abatement and Oil/Hazardous Substances Spill Contingency Plan, which addresses the existing oil and hazardous material related pollution abatement and prevention procedures for Camp Lejeune units, tenant commands, visiting units and the Marine Corps Air Station. The order assigns the responsibility of preventing oil and hazardous-material spills to all Commanding Officers, and department heads. It provides the requirements and mechanism to identify, provide notification of spills and assigns responsibilities for spill cleanup. It establishes the requirement to notify the Camp Lejeune Fire Department by activating the 911 emergency response number. It specifically identifies the On Scene Commander as being the Base Fire Chief or his senior representative. It requires the On Scene Commander to provide initial response and other assistance with any spill of oil or other hazardous material: Base Order 11090.113 stresses the requirement to report all oil spills discharging into the inland or coastal waters to the U. S. Coast Guard and to other Environmental Regulatory agencies as applicable. Along with the SPPC Plan, Camp Lejeune has created a Federal Response Plan for Oil/Hazardous Substances, which provides the emergency response plans, duties, available equipment list and location for response to oils/hazardous substance spills which exceed the normal response actions and capacity of the SPPC Plan or Base Order 11090.1 B. Emergency Response Teams are on 24 hour duty status and maintain response equipment and boats for waterborne emergencies or releases. There are currently 12 such teams available and are listed as follows: • Marine Corps Air Station, New River Fire Department • Marine Corps Air Station, New River Crash Crew • MWSS 272 Spill Response • Camp Geiger Fire Department • Hadnot Point Fire Department • Midway Park Fire Department • Base Industrial Area Fire Department • Paradise Point Fire Department • Courthouse Bay Fire Department • Camp Johnson Fire Department • Weapons Training Battalion (Rifle Range) Fire Department • Greater Sandy Run Fire Department In addition to the Emergency Response Teams, Camp Lejeune has created an emergency call back procedure for Oil and Hazardous Substance Spill related emergencies. Any or all of the following groups or individuals can be available to assist in an emergency spill containment and cleanup procedure: • Spill Response Team, Camp Lejeune Environmental Management Department • Supervisory Chemist, Camp Lejeune Environmental Management Department • Motor Vehicle Operators, Camp Lejeune Environmental Management Department 14 • Director, Environmental Compliance Division, Camp Lejeune, Environmental Management Department • Deputy, Assistant Chief of Staff, Camp Lejeune Environmental Management Department In the event that the contained spill is too large to be cleaned up by local personnel, the Marine Corps and the U.S. Coast Guard have signed a series of Basic Ordering Agreements, which provide a mechanism for Camp Lejeune to activate and utilize the services of 124 organizations which offer specialized oil and hazardous substance response capabilities. The Range Safety Officer assigned to the each waterborne refueling training event will have in their possession a Sequence of Events for oil/hazardous substance spill notification/response card which outlines the following procedures to be implemented in the event a spill has occurred: 1. Spill has been identified - Call 911. 2. Unit personnel contain spreading POL/Hazardous substance. 3. Base Fire Department establishes the Incident Command Post, assumes the position of On Scene Commander. 4. On Scene Commander assesses release and identifies additional resources and personnel needed to contain and cleanup the release. 5. On Scene Commander activates SPCC Plan or FRP, as applicable. Personnel, equipment, and support are provided contingent upon the level of response needed. ` 6. Position of On Scene Commander, Camp Lejeune On Scene Commander and Coordinator will shift as various levels of response increase. The plans and orders discussed in this section are available for review at Marine Corps Base, Camp Lejeune. The Point of Contact listed on the title page may be contacted for assistance. 4.1.4 Cultural Resources Neither the No Action Alternative nor the Proposed Action Alternative involve bottom disturbing activities such as new dredging, bulkheading, jetty or moorhead construction, or subaqueous pipeline installation. Because the bottom of the New River will not be disturbed, no impacts are anticipated for any known or undiscovered archaeological resources from either alternative. 4.2 NATURAL RESOURCES NQ? 4.2.1 Submerged Aquatic Vegetation ,// ?R? W a Both the No Action Alternative and the Proposed Action Alternative have`?he potential to impact submerged aquatic vegetation due to the possibility of a fuel spill from refueling operations. The No Action Alternative of refueling from a land based fuel ?fl - - source would be more likely to- impact submerged aquatic vegetation since the 15 t1d refueling takes place closer to waters 3 to 4 feet deep (relative mean low water). Fuel spills on the shoreline are more difficult to cleanup than fuels spilled over open water. Areas with, known''or visible submerged aquatic vegetation would be`'avoid'ed'for impiementa'tlori of the' Propose" Action. Also, standard operating procedures for refueling riverine craft would be" followed to prevent the possibility of a spill for both alternatives. If a spill were to occur, the appropriate response, protection, and cleanup protocols would be immediately 4, to minimize the impact to any submerged aquatic vegetation. 4.2.2 Fish and Shellfish The No Action Alternative and the Proposed Action Alternative have the potential to impact fish and shellfish due to the possibility of a fuel spill from the refueling operations. However, appropriate response, protection, and cleanup protocols would be implemented immediately and are expected to mitigate for any adverse impacts to fish or shellfish. Oyster Management Areas are clearly identified on all =river: seetor, maps used -during waterborne refueling operations 'and would t ,e avoidedfor, the,P.roposed"Action. n r?. 4.2.3 Wildlife Both the No Action Alternative and the Proposed Action Alternative have the potential to impact wildlife due to the possibility of a fuel spill from the refueling operations. Standing Operating Procedures for Range Control, Base Order P3570.1, which will control these exercises, specifically discusses the need to avoid and not harass wildlife, including birds, fish and alligators. In addition, standard operating procedures for refueling riverine craft would be followed to prevent the possibility of a spill. If a spill were to occur, the appropriate response, protection, and cleanup protocols would be immediately implemented to minimize the impact to wildlife. 4.2.4 Protected Species Neither the No Action Alternative nor the Proposed Action Alternative are expected to have any impacts to protected species. 4.2.5 Coastal Zone Both the No Action Alternative and the Proposed Action Alternative have the potential to impact the coastal zone due to the possibility of a fuel spill from refueling operations. Standard operating procedures for refueling riverine craft would be followed to prevent the possibility of a spill. If a spill were to occur, the appropriate response, protection, and cleanup protocols would be immediately implemented to minimize the impact to the coastal zone. The Proposed Action along with the Spill Prevention, Control, and Countermeasures Plan is consistent to the maximum extent practicable with the enforceable policies of North Carolina's approved coastal management program. 4.3 SOCIOECONOMIC CHARACTERISTICS 4.3.1 Transportation and Navigation , The No Action Alternative would not change the interaction between military, commercial and recreational vessels on the New River. The Proposed Action could, however, obstruct river traffic. In order to avoid this potential problem, waterborne refueling training operations would be conducted in accordance with training plans, U.S. Coast Guard (USCG) regulations, and Camp Lejeune Range Control procedures. A Notice to Mariners (NOTAMS) would be published, as well as other appropriate warnings required by federal or state agencies. Wakes may be produced by the Proposed Action and steps would be taken to minimize wake action by reducing speeds when operating close to boats and crafts. Hazards to boats would be eliminated by strict crew adherence to USCG regulations, compliance with existing waterway traffic patterns and professional seamanship. In accordance with navigation standards and as a safety measure, floating platforms would be marked as refueling craft. To ensure prompt medical attention, if necessary, at least one qualified medical person would be available when transporting personnel or anytime two or more boats are operated in close proximity. In addition to compliance with all applicable regulations, crew members will receive sufficient training on the operational craft, fuel containers and floating platforms to ensure safety features inherent in the waterborne platforms are properly utilized and maintained. N? AG 4.3.2 Commercial Use , Both the No Action Alternative and the Proposed Action Alternative have the 9 potential to impact commercial fishing due to a possibility of a fuels ill from the refueling operations. However, standard operating procedures for refueling nverine craft would be followed to prevent the possibility of a spill. If a spill were to occur, the 6 appropriate response, protection, and cleanup protocols would be immediately implemented to minimize the impact to commercial fishing. The Proposed Action has the potential to impact commercial boating from obstruction of river traffic. Measures described in the next Transportation and Navigation section would be taken to avoid impacting commercial boating. 4.3.3 Recreation Resources The No Action Alternative and the Proposed Action Alternative have the potential to impact recreational fishing due to the possibility of a fuel spill from the refueling operations. However, standard operating procedures for refueling riverine craft would be followed to prevent the possibility of a spill. If a spill were to occur, the appropriate response, protection,- Nand cleanup protocols would be immediately implemented to minimize the impact to fish in the New River. The Proposed Action Alternative has the potential to impact recreational boating from obstruction of river traffic. Measures described in the Transportation and Navigation section would be taken to avoid impacting recreational boating. 17 4.4 CUMULATIVE IMPACTS This section addresses cumulative impacts which could result from waterborne refueling training operations on the New River, the Proposed Action, and other related past, present, and reasonably foreseeable future actions . in , the project area. Cumulative impacts can result from individually minor, but collectively significant, actions taking place over a period of time. Other related projects or actions include: wastewater treatment facilities, industrial stormwater discharges, agricultural and urban non-point source pollutant inputs from runoff (Lucas, et al, 1996). These other related projects or actions can cause estuarine sedimentation, nutrient enrichment, chemical input, and bacterial contamination. The cumulative impacts of these projects or actions in conjunction with the Proposed Action are described as follows. • Estuarine sedimentation can adversely affect aquatic habitat. The Proposed Action does not involve any land disturbing activities and would not cause a cumulative impact to estuarine sedimentation. • Chemical pollutants can adversely affect aquatic organisms and humans. The Proposed Action could result in a petroleum spill on the New River which could have a cumulative adverse impact. Documentation of impacts from small spills are subject to much speculation and continued research. The volatile nature of gasoline and diesel causes the most toxic compounds to evaporate into the a mosp ere rather than persist in su ace wa ers. The compounds which dissolve into the water column do so in small amounts for a short period of time. Many ecosystems have the capacity to assimilate chronic low-level discharges, minimizing the effects and "resulting in little detectable environmental harm" (Irwin et al. 1997). Standard operating procedures for refueling riverine craft would be followed to prevent the possibility of a spill. If a spill were to occur; the appropriate response, protection; and cleanup protocols would be immediately implemented: to y' minimize,the imp-act to aquatic organisms. , • Nutrient enrichment, particularly nitrogen and phosphorus can contribute to algae blooms and subsequent fish kills. The Proposed Action would not add nitrogen or phosphorus to the New River and would not cause a cumulative impact to nutrient enrichment. • Bacterial pollutants can contaminate shellfish which could cause persons eating them to become ill. The Proposed Action would not add bacterial pollutants to the New River and would not cause a cumulative impact to the bacterial contamination. - Given the current standard operating procedures for refueling riverine craft, the spill response protocols, and bulk fuel handling training as mitigating measures, it is not anticipated for any past, present, and reasonably foreseeable future actions in conjunction with the No Action Alternative or Proposed Action to have any adverse cumulative impacts to the New River. 18 CHAPTER 5.0 - REFERENCES Irwin, R.J., M. VanMouwerik, L. Stevens, M.D. Seese, and W. Basham. 1997. Environmental Contaminants Encyclopedia. National Park Service, Water Resources Division, Fort Collins, Colorado. Distributed within the Federal Government as an Electronic Document. Lucas, Robert V, et al. 1996. Final Report of the Moratorium Steering Committee to the Joint Legislative Commission on Seafood and Aquaculture of the North Carolina General Assembly. Marine Corps Base, Camp Lejeune. 1994. Wastewater Treatment System Upgrade Environmental Impact Statement. Department of the Navy, Atlantic Division, Naval Facilities Engineering Command, Norfolk, Virginia. Marine Corps Base, Camp Lejeune. 1995 & 1996. New River Sampling Data. Environmental Quality Analysis Branch, Environmental Compliance Division, Environmental Management Department. _ 19 CHAPTER 6.0 - LIST OF PREPARERS Principal Preparers: Kathleen Riek-MillerEnvironmental Assessment Specialist, Environmental Planning Division, Environmental Management Department, Camp Lejeune Barbara Wilson Environmental Assessment Specialist, Environmental Planning Division, Environmental Management Department, Camp Lejeune Interdisciplinary Team: Tom Barbee Head, NEPA Branch, Environmental Assessment Specialist, Environmental Planning Division, Environmental Management Department, Camp Lejeune Maj Johnny Borja Deputy Director, Training Resource Management Division Training, Education, and Operations Department, Camp Lejeune Maj Harry Davis, Jr. S-4 Officer, Headquarters Battalion, 2D Marine Division John Hammond Endangered Species Specialist, Fish and Wildlife Division, Environmental Management Department, Camp Lejeune La Rae Mishler Engineering Technician, Environmental Planning Division, Environmental Management Department, Camp Lejeune John Riggs Head, Resource Conservation & Recovery Branch, Environmental Management Department, Camp Lejeune Contributors: 1 st Lt Brad Aiello Bridge Company, 8th Engineer Support Battalion, 2D Force Service Support Group GySgt Irving Duffy 8th Engineer Support Battalion, 2D Force Service Support Group Capt Dustin Eaton Headquarters & Support Company, 8th Engineer Support Battalion, 2D Force Service Support Group 1 st Lt Larry Eck Bridge Company, 8th Engineer Support Battalion, 2D Force Service Support Group GySgt Edward Small Craft Company, Headquarters Battallion, 2D Marine Division Elmore Maj Rich Grant Assistant Counsel, Eastern Area Counsel Office, Camp Lejeune Capt Jeremy Gray Executive Officer, Small Craft Company, Headquarters Battalion, 2D Marine Division CWO-3 Frank Bulk Fuel Company, 8th Engineer Support Battalion, 2D Force Goertz, III Service Support Group Don Hashagen Deputy Range Control Officer, Training Support Division, Training, Education, and Operations Department, Camp Lejeune GySgt Hoak Hazmat, Headquarters Battalion, 2D Marine Division Maj John Horney Range Control Officer, Training Support Division, Training, Education, and Operations Department, Camp Lejeune 1st Lt Dan Howard Bridge Company, 8th Engineer Support Battalion, 2D Force Service Support Group -Maj -Scott Jack _ Director;-Public Affairs Office 20 Maj William Perez Chief Civil Law, Staff Judge Advocate, Camp Lejeune Doug Piner Director, Environmental Planning Division, Environmental. Management Department, Camp Lejeune 2d Lt. Cheryl Porak Headquarters & Support Company, 8th Engineer Support Battalion, 2D Force Service Support Group Pat Raper Chemist, Environmental Compliance Division, Environmental Management Department, Camp Lejeune Joe Ramirez Director, Training Resource Management Division, Training, Education, and Operations Department, Camp Lejeune Maj Mike Richards G3, Second Marine Expeditionary Force Capt Rick Seagrist Division Environmental Compliance Officer, 2D Marine Division Col Michael Swords Assistant Chief of Staff, Training, Education and Operations Department, Camp Lejeune CHAPTER 7.0 - LIST OF AGENCIES AND PERSONS CONTACTED Ms. Tere Barrett Division of Coastal Management, Morehead City, North Carolina Department of Environment and Natural Resources Mr. Steve Benton Consistency Program Coordinator, Division of Coastal Management, North Carolina Department of Environment and Natural Resources Mr. Jerry Bittner Jacksonville City Manager Lt. Dave Brown United States Coast Guard, Marine Safety Office, Wilmington, North Carolina Mr. Charles Jones Division of Coastal Management, Morehead City, North Carolina Department of Environment and Natural Resources Mr. Camron Lanier Director, Onslow County Department of Environmental Health Mr. Tom Mattison President, New River Foundation Lt. Jeff Novotny United States Coast Guard, Port Operations Department, Marine Safety Office, Wilmington, North Carolina Mr. Fritz Rhode Division of Marine Fisheries, North Carolina Department of Environment and Natural Resources Mr. Melvin Shepard President, Southeastern Waterman's Association and White Oak Watershed Advisory Committee Mr. Wojciechowski Director, Public Trust/ Submerged Lands Unit, North Carolina Department of Environment and Natural Resources APPENDIX A Figures MCB Camp Le eune Pamlico r -- - , r-r Carteret Atlantic Ocean 1 - Pmpared2 June 1998by- KAR,EMD 451-9454 10= 0 10000 Joao 30000 Meld Map Ptojocd= UIM(NAM GRSI M) nv =cF XMAMCnM REPCSrlatY Moo-CapsBmc,CuWL =m,NC Mwwdbythe GM mice -(910)451-5M ?M7MMAPmFitId+ a& lZc II.Y - --'>bn?r?ba?eddrtmdtior?d?ly6ertaRa?LliyFa.- - -? rn?dssafm?uuiw?It bp?bamS..a08mvlnwda` ??OG?eYdd?adalbimddm?pidobame?d? _ FIGURE 1 - PRQJECT REGION Marine Corps Base Camp LgeLne PrWW 27 July 1998 by. KAP, EMD 451-9454 IOOD 0 ,ODD MW 300D MAtm My Ptojearom UIM(NAD83, GRS1980) DnFXMATMGEOG APMCIlMRMAMONREPOSnMY "-Nbirine raps Base, Ca M I4ecme, NC Mwmpdb3 t GS Office - (910) 451-5876 NOTE TMNMP MFCRIUMORM ONLY '?era?er??t6ea?aeddmamd'?? adnhm+selyberra?h7Ayfa tdho I a{deumof eaia iuthx?ed<ropmbleO-rm put-p-'K - a?"??*tY??4 sdatl?amdmm?peaTicuomdnd? - - FIGURE 2 OysWMmagcm=A Areas water Um Cmd Line /V Hydrologic Ndwo& cwd ab+..,wa?.rmaw?o.rrsoo?no.iL.ca?r ?. w.Y^. :: •. < ?M1 •: : `:iii - ?f::i.fi:.')i}':ii;':;:;:.v FIGURE 3 Pfgmed5 June 1998 by: KAl, EMD 451-9454 Prgmrod 5 hme 1998by- KAI, EMD 451-9454 II4MGRA'IED (EOGRAMC DMRMAnON REPOSTIORY M- Cape Brig Camp Icjame, NC Mai a 135t QS Offm- (910)451-5876 FIGiJRE 4 NOW 1Waoapd byUm (M woe- (910) 451-5876 FIGURE 6 Pied 30 Jum 1998 by: KAl, EMD 451-9454 Pq3artd 30 J m 1998 .by: KAI, EMD 451-9454 TYPICAL WATERBORNE REFUELING SETUP Fuel Lines Fuel ContainerE Fuel Bladder Six-Con Fuel B Boat being refueled RAC RRC CRRC BEB ant om Floating. Platform - 6 Bay Ribbon Bridge, LCM, LCU FIGURE 8 FIGURE 9 FIGURE 10 Pared 1 July 1998 by. KAR, END i 451-9454 APPENDIX B Waterborne Refueling Standard Operating Procedures 4. 0 BASE ORDER P3570.1 RANGE CONTROL SOP PARAGRAPH 3002 2. All Tactical Fuel Farms, Forward Area Refueling Points (FARPS), Bulk Fuel Farms or Waterbome Refueling Platforms must receive approval from the Commanding General, Marine Corps Base, Camp Lejeune. Requests for approval will be submitted via the Assistant Chief of Staff, Environmental Management Department to the Commanding General Marine Corps Base, Camp Lejeune (Assistant Chief of Staff, Training, Education, and Operations). Requests must contain procedures to fight fire and contain spills or leaks. SOP FOR WATERBORNE REFUELING PURPOSE: To establish in writing the procedures, precautions, preparations and considerations for all waterborne refueling operations. 1. Refueling Procedures. There is zero tolerance of fuel spillage. Safety is paramount! Every step to increase awareness and reduce possibilities of spills is the responsibility of all personnel. Accordingly, all of the following steps must be adhered to and enforced in order to ensure maximum environmental protection. - Refueling Platform gives next awaiting craft to be refueled clearance to approach. - Craft Commander gives the command to approach the Refueling Platform. - Designated personnel on the craft and Refueling Platform handle their respective mooring lines. - The craft is secured to the floating platform adjacent to the designated refueling point. - The craft is then completely enclosed by a floating containment boom. - The craft engines and electronics are shut down. - Designated fire and safety personnel on the craft and refueling platform assume positions and retrieve fire fighting and safety equipment- - Craft Commander confirms that the smoking lamp is out in the vicinity of refueling point. - Overflow catch cans or absorbent material are placed under fuel vents. (if any) - Bulk Fuel Man takes the nozzle from the refueling stand and hands it nozzle up to the Craft Refueler. - Craft Refueler takes nozzle and wraps the front end with a rag. - Craft Refueler removes rag and inserts nozzle into fuel tank intake hole. - Craft Commander determines that craft is ready to receive fuel and notifies the pump operator. - The Pump Operator activates the fuel pump. This allows fuel to flow from the fuel containers through the hose. - The Pump Operator must stay in direct eye contact with the Craft Refueler at all times during refueling. - The Craft Refueler depresses the nozzle handle. This allows the fuel to flow from the hose through the nozzle into the fuel tank. - The Craft Refueler starts filling the fuel tank, watching for fuel foam. - Once fuel foam is sighted, filling will cease caused by the Craft Refueler releasing the nozzle handle. - Once fuel foam has settled and the determination is made that the desired amount is not yet achieved, filling will resume. - Continue this process until fuel tank is filled to the desired amount. - The Craft Refueler releases the nozzle handle stopping the flow of fuel into the fuel tank-- - The Craft Refueler will signal the Pump Operator to shut off the fuel pump, stopping the flow of fuel from the fuel containers through the hose. rag. - The Craft Refueler will remove nozzle from fuel intake and immediately cover it with a - The Craft Ref ieler will hand the nozzle back to the Bulk Fuel Man. - The Bulk Fuel Man will return the nozzle to the nozzle stand. ` - Designated crew members of both the refueling platform and the craft check for spills or leaks within the boom area. - Upon determining that a spill has not occurred, the craft is allowed to leave the boom area. 2. Eme bency Response Procedures . Hazardous material poses a threat to not only the environment but also the personnel surrounding its use. It is often not the spill that causes the greatest threat but the ensuing complications that occur afterwards such as fires, explosions and the spread of contamination. Obviously, it is our first concern to prevent any and all spills no matter how small, but we must always be prepared to react quickly and properly in case of any spill. Reference: Base Order 11090.1B, Oil Pollution Prevention and Abatement and Oil and Other Hazardous Substances Spill Contingency Plan. a. In case of a spill or leak, execute the following steps: - Immediately give alarm to all personnel in surrounding area. - Call 911, Base Fire Department, by the fastest means available. - On Scene Commander must be prepared to provide a SitRep to the following: Base Fire Department Unit HazMat Representative Higher Headquarters - The On Scene Commander may be required to send boats to a designated pick up point to bring Response Teams to the spill site. - Eliminate all ignition sources. - Do not touch, walk through or swim in spilled fuel. - Stop leak if you can do it without risk. - Prevent entry/spread into waterways, sewers, basements or confined areas. - A vapor suppressing foam may be use to reduce vapors. - Absorb with Sorbo matting. - Use boat hooks to collect matting and transfer to plastic bags. - Immediately following the clean up, obtain statements from all hands to ensure accuracy and timeliness. b. Report contents. Any SitRep of a spill during waterborne refueling must contain the following information: - Location of spill. - Type of HazMat spilled. - Amount of HazMat spilled. neral direction and speed-of current. . ? r - Containment procedures being executed. - Personnel injured and extent of injuries (if any) 3. Safety Materials Required. The following is a list of materials required to be on scene and easily accessible during all waterborne refueling operations: - Containment Buoy - Fire Extinguishers - Fuel rags/Sorbo matting - SOP - Personal Protection Equipment (safety gloves and goggles) - Boat Hook - Plastic bags for contaminated rags and matting State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management i ^ l James B. Hunt, Jr., Governor Wayne McDevitt, Secretary ID H M F,11 Roger N. Schecter, Director ti Ar 2 2 /998 05114198. Mr. John R. Dorney NC DEN&NR Division of Water Quality P.O. Box 27687 Raleigh, NC 27611 REFERENCE: CD98-14 County: Brunswick Applicant/Sponsor: U.S. Army Corps of Engineers EA Shoreline Protection and Enhancement of Battery Island Dear Mr. Dorney: The attached Consistency Determination, dated 05111198 describing a proposed Federal Activity is being circulated to State agencies for comments concerning the proposal's consistency with the North Carolina Coastal Management Program. Please indicate your viewpoint on the proposal and return this form to me before 06103198 Consistency Coordinator REPLY This office objects to the project as proposed. Comments on this project are attached. This office supports the project proposal. No comment. Signed Date P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 An Equal Opportunity Affirmative Action Employer 50% Recycled / 10% Post-consumer Paper I ENVIRONMENTAL ASSESSMENT AND DRAFT FINDING OF NO SIGNIFICANT IMPACT SHORELINE PROTECTION AND ENHANCEMENT OF BATTERY ISLAND, IN THE CAPE FEAR RIVER SOUTHPORT, BRUNSWICK COUNTY, NORTH CAROLINA MAY 1998 TABLE OF CONTENTS ITEM PAGE No. 1.00 PURPOSE AND NEED FOR ACTION ............................... 1 1.01 Introduction ............................................... 1 1.02 Need for Proposed Action .................................... 2 1.03 Proposed Action ........................................... 2 1.04 Proposed Construction Schedule ............................... 3 2.00 INCORPORATION BY REFERENCE ............................... 3 3.00 ALTERNATIVES TO THE PROPOSED ACTION ...................... 4 3.01 No-Action Alternative . ....................................... 4 3.02 Construction of a Sheet Pile Bulkhead .......................... 4 3.03 Placement of Rock Riprap .................................... 5 3.04 Placement of Unconfined Dredged Material ...................... 5 4.00 ENVIRONMENTAL EFFECTS .................................... 5 4.01 Water Quality .............................................. 5 4.02 Ground Water Quality ....................................... 6 4.03 Shoreline Processes ......................................... 6 4.04 Sediment Types ............................................ 7 4.05 Terrestrial Resources ....................................... 7 4.06 Threatened and Endangered. Species ........................... 9 4.07 Aquatic Resources ......................................... 10 4.08 Recreation and Aesthetic Resources .......................... 12 4.09 Primary Nursery Areas ..................................... 13 4.10 Archaeological/Historical Resources ........................... 13 4.11 Coastal Barrier Resources Act ............................... 14 4.12 Wetlands ................................................ 14 4.13 Executive Order 11988 (Flood Plain Management) ................ 14 4.14 Prime and Unique Agriculture Land ............................ 14 4.15 Hazardous and Toxic Waste Sites ............................. 14 4.16 Air Quality ............................................... 14 4.17 Executive Order 11990 (Protection of Wetlands) .................. 15 4.18 Executive Order 11593 (Protection and Enhancement of the Cultural Environment) ........................................... 15 4.19 Executive Order 12898 (Federal Actions to Address Environmental Justice in Minority Populations and Low Income Communities and Low Income Populations) .................................. 15 R 4.20 North Carolina Coastal Management Program ................... 15 4.21 Other Environmental Factors ................................. 15 5.00 PUBLIC AND AGENCY INVOLVEMENT ........................... 16 5.01 Scoping ................................................. 16 5.02 Coordination of This Document ............................... 16 6.00 POINT OF CONTACT .......................................... 20 7.00 DRAFT FINDING OF NO SIGNIFICANT IMPACT (FONSI) ............. 20 8.00 REFERENCES ............................................... 20 TABLES Table 1. Characteristics of Surface Sediments in the Channels ............... 7 Table 2. Number of Birds by Species Which Utilize Battery Island ............. 8 FIGURES (Follows Page 23) Figure 1. Site Location Map. Figure 2. Proposed Sandbag/Geotube Bulkhead. Figure 3. Sandbag/Geotube Placement (Plan View). Figure 4. Sandbag/Geotube Placement. Typical Cross-Section (Northwest Beach and Southwest Beach. ATTACHMENTS Attachment A. Evaluation of Section 404(b)(1) Guidelines. I ENVIRONMENTAL ASSESSMENT AND DRAFT FINDING OF NO SIGNIFICANT IMPACT SHORELINE PROTECTION AND ENHANCEMENT OF BATTERY ISLAND, IN THE CAPE FEAR RIVER SOUTHPORT, BRUNSWICK COUNTY, NORTH CAROLINA MAY 1998 1.00 PURPOSE AND NEED FOR ACTION 1.01 Introduction. Battery Island (see figure 1) is located in the Cape Fear River, approximately 0.5 mile east of Southport and 24 miles south of Wilmington, North Carolina. Battery Island is adjacent to the navigation channel and has less than 10 acres of upland habitat. Battery Island is widely recognized as an avian landmark and is considered to be the largest heronry in North Carolina. This island is a haven for birds throughout the year, but it is most noted for the long-legged waders that occupy the island during the spring and summer months. Each spring, thousands of wading birds (herons, egrets, and ibises) gather on the island to nest and to raise their young. This annual rite of spring has taken place since at least 1928, when wading birds were first reported nesting on the island. Battery Island is the only nesting site within 100 miles (between Bogue Sound, North Carolina, and the North Carolina/South Carolina State line) that is capable of supporting such a large colony of wading birds. Moreover, the island supports ten species of wading birds, four of which are state-listed as "species of special concern." In addition, Battery Island supports over 90 percent of North Carolina's nesting white ibises. Battery Island is owned by the State of North Carolina and administered by the North Carolina Division of Parks and Recreation. Since 1992, the National Audubon Society has held a long-term (50-year) lease on this site and maintains it for colonial nesting waterbirds. Battery Island is a protected Colonial Waterbird Management Site. The island is posted off-limits to all visitors from March 1 to September 1 and is patrolled throughout the year. At other times of the year, activities that would jeopardize the nesting habitat are prohibited (i.e., fires, camping, cutting or removal of vegetation, etc.). On January 23, 1998, the Wilmington District circulated a scoping letter for the shoreline protection and enhancement of Battery Island. The purpose of the scoping letter was to solicit comments from various private, local, State, and Federal agencies on this proposal to ensure that the scope of the environmental assessment (EA) meets the information needs of other agencies and the public, and to be sure that it includes an assessment of impacts on all significant resources in the project area. In response to the scoping letter, the public and review agencies expressed the following major concerns: fishery resources and habitat, estuarine habitat, water quality, quality of the dredge material, shallow water habitat, wetlands, and threatened and endangered species. 1.02 Need for Proposed Action. In recent years, Battery Island's southern and western shorelines have experienced severe erosion. It is estimated that up to 60 feet of the southern and western shorelines of the island have been lost in the past 5 years (since about 1993). This equates to an average rate of erosion of about 12 feet per year. The erosion has already claimed red cedars and yaupons that once supported nesting wading birds, and other areas are threatened. Moreover, erosion has also claimed most of the beach where oystercatchers once nested. Stabilization of Battery Island's shoreline is necessary to prevent the further loss of this valuable bird nesting habitat. With the cooperation of the National Audubon Society and the North Carolina Department of Environment and Natural Resources, Division of Water Resources, the Wilmington District, U.S. Army Corps of Engineers is planning to protect and enhance the western and southern shorelines of Battery Island to its condition of 1993. This project was conceived and recommended during a meeting on February 12, 1997 by the Beneficial Use of Dredged Material Work Group. Individuals from the U.S. Fish and Wildlife Service, U.S. National Marine Fisheries, U.S. Corps of Engineers, NC Division of Marine Fisheries, NC Division of Coastal Management, NC Division of Water Resources, NC Wildlife Resources Commission, NC Division of Water Quality, and NC Public Health, Pest Management are represented in this group and it is believed that each agency represented supports this project. 1.03 Proposed Action. The proposed project consists of two items of work: the installation of 5,400 linear feet of sandbags and/or geotubes which are 12 feet wide and 6 feet high along the southern and western shoreline of Battery Island (see figure 2). Approximately 11,000 cubic yards of dredged material will be used to fill the sandbags and/or geotubes. The sandbags and/or geotubes are to be aligned along the southern and western shorelines about 60 feet and 20 feet, respectively, waterward from the mean sea level (see figures 3 and 4). About 24,000 cubic yards of dredged material taken from routine maintenance dredging of the Wilmington Harbor navigation channel will be used to backfill the 5.5-acre shallow water area landward of the sandbags and/or geotubes. At this time, the order of work has not been determined. However, these two work items will be constructed within the same construction period. Before construction takes place, the Wilmington District will coordinate this activity with both sponsors of the project (i.e., the North Carolina Department of Environment and Natural Resources, Division of Water Resource, and the National Audubon Society). In order to avoid the 2 bird nesting season, construction may take place from September 15 to February 28 of any year. The National Audubon Society has asked that no vegetation be planted between the sandbags and mean sea level, in order to provide nesting for the oystercatchers (Haematopus palliatus). The National Audubon Society has monitored the bird population on Battery Island. Future monitoring will involve assessment of the effectiveness and durability of the project. The proposed protection and enhancement of Battery Island is a benefical use of dredged material, since the overall effects of the project on the environment are benefical it has been determined that it will not require mitigation. Maintenance of the proposed project will be the responsibility of the North Carolina Department of Environment and Natural Resources, Division of Water Resources. 1.04 Proposed Construction Schedule. Subject to the availability of funds, project construction of the proposed work may be scheduled to be initiated by January 1999 and completed no later than January 2000. 2.00 INCORPORATION BY REFERENCE The following documents are incorporated by reference: a. U.S. Army Corps of Engineers, Wilmington District. 1996. Final Environmental Impact Statement for Cape Fear - Northeast Cape Fear Rivers. Feasibility Study. New Hanover and Brunswick Counties, North Carolina. June 1996. b. U.S. Army Engineer District, Wilmington. Final Supplement I to the Final Environmental Impact Statement for Wilmington Harbor Channel Widening. New Hanover and Brunswick Counties, North Carolina. June 1996. c. U.S. Army Engineer District, Wilmington. Draft Supplement I to the Final Environmental Impact Statement for Wilmington Harbor Channel Widening. New Hanover and Brunswick Counties. North Carolina. February 1996. d. U.S. Army Corps of Engineers, Wilmington District. 1996. Draft Environmental Impact Statement for Cape Fear - Northeast Cape Fear Rivers. Feasibility Study. New Hanover and Brunswick Counties, North Carolina. January 1996. e. U.S. Army Engineer District, Wilmington. Final Interim Feasibility Report and Environmental Impact Statement on Improvement of Navigation Wilmington Harbor Channel Widening Wilmington North Carolina Volume I - Main Report. March 1994. f. U.S. Army Corps of Engineers, Wilmington District. Environmental Assessment. Beneficial Use of Dredged Material Wilmington Offshore Fisheries Enhancement 3 Structure Wilmington Harbor Ocean Bar Channel Deepening Wilmington North Carolina. May 1994. g. U.S. Army Engineer District, Wilmington. Environmental Assessment and Findina of No Significant Impact Wilmington Harbor Ocean Bar Channel Deepening. Wilmington North Carolina. August 1993. h. U.S. Army Engineer District, Wilmington. Environmental Assessment and Finding of No Significant Impact Maintenance Dredging in Wilmington Harbor Ocean Bar Channels by Ocean-Certified Pipeline or Bucket and Barge Dredge with Disposal in the Wilmington Harbor Ocean Dredged Material Disposal Site. August 1991. i. U.S. Army Engineer District, Wilmington. Environmental Assessment and Findina of No Significant Impact Excavation of Pits. Wilmington Harbor. Baldhead Shoal Channel Brunswick County North Carolina. October 1991. j. U.S. Army Engineer District, Wilmington. Final Environmental Impact Statement (FEIS) Long Term Maintenance of Wilmington Harbor. North Carolina. October 1989. k. U.S. Environmental Protection Agency. Final Environmental Impact Statement (FEIS) Savannah GA: Charleston SC: and Wilmington NC Ocean Dredged Material Disposal Sites Designation. October 1983. 3.00 ALTERNATIVES TO THE PROPOSED ACTION The following alternatives were considered: 3.01 No-Action Alternative. Failure to protect Battery Island will cause the eventual destruction of the largest heronry in North Carolina. At current erosion rates, the upland portion of Battery Island would be eroded away in about 40 years. The island would lose its utility as a heronry before that time. This alternative is unacceptable and will not be pursued. No agency supported this alternative. 3.02 Construction of a Sheet Pile Bulkhead. The construction of a sheet pile bulkhead along the proposed alignment (i.e., 60 feet and 20 feet waterward of the mean sea level along the southern and the western shorelines, respectively) was considered. Because of the very shallow water near the island, an access channel would have to be excavated to get the materials and equipment to the island. There are a number of submerged cultural resource sites just offshore of the island and they could be impacted by an access channel. Moreover, the type of equipment required to install a bulkhead might also adversely impact the high ground portion of the island. This alternative was not selected because of potential adverse impacts to submerged cultural resources and the upland portion of the island. 4 3.03 Placement of Rock Riprap. This alternative would involve the placement of rock riprap along the southern and western shorelines of Battery Island. Because of the very shallow water near the island, an access channel would need to be excavated in order to move materials and equipment to the island. Bulldozers and front-end loaders would be required to place the rock riprap along the southern and western shorelines. This heavy equipment would need to run back and forth along the high ground portion of the island to pick up and place the rock riprap. Adverse impacts to cultural resources and the high ground portion of the island were the reasons that this alternative was not chosen. 3.04 Placement of Unconfined Dredged Material. The placement of unconfined dredged material along the southern and western shorelines without sandbags and/or geotubes, sheet pile bulkheading, or rock riprap would cause the material to erode back into the adjacent navigational channel. This portion of the navigational channel is maintained on a 2- to 3-year cycle. Given the annual erosion rate of 12 feet per year, the unconfined material placed along the southern and western shorelines would quickly erode away before the channel is maintained again. Additional erosion could take place to the high ground portion of the island by removal of rookery trees. This alternative was not chosen because the unconfined dredged material would only be a short-term solution. All of these alternatives could adversely impact submerged cultural resources and the high ground portion of the island or could allow additional erosion between maintenance events. Therefore, these alternatives have been deleted from further consideration. 4.00 ENVIRONMENTAL EFFECTS 4.01 Water Quality. The State of North Carolina has placed the lower Cape Fear River into two water classifications (North Carolina Department of Natural Resources and Community Development, 1989). The Cape Fear River from a line across the river between Snows and Federal Points to the Atlantic Ocean is "SA" (except for a segment west of the Cape Fear River Channel that is classified "SC"). "SC" waters are suitable for fishing, fish and wildlife propagation, secondary recreation, and other uses requiring water of lower quality. "SA" means that in addition to the "SC" uses, the waters are acceptable for shellfishing for market purposes and the water will meet accepted sanitary standards of water quality for outdoor bathing. The waters west of the channel between Snows Point and Southport are prohibited (closed) shellfish areas. A Section 401 (P.L. 95-217) Water Quality Certificate is required for the proposed project, since waters of the State of North Carolina will be filled. A Section 401 Water Quality Certificate will be requested from the NC Division of Water Quality and will be obtained prior to the start of work. An Evaluation of Section 404(b)(1) Guidelines, 40 CFR 230 (see Attachment A) and a Section 404 Public Notice for the proposed work will be required, since these tidal waters are subject to the Corps regulatory jurisdiction. 5 No anticipated impacts to water quality are anticipated. 4.02 Ground Water Quality. The project study area is situated in the Tidewater region of the North Carolina Coastal Plain physiographic province. The region is generally of low relief. Land surface elevations range from sea level to about 80 feet above sea level. The region is characterized by a multiaquifer system of interbedded sand, silt, and clays often overlying a fractured rock aquifer. The hydrogeologic units between the top of the Black Creek aquifer and the water table include the surficial, Castle Hayne, and Pee Dee aquifers and the Castle Hayne, Pee Dee, and Black Creek confining units. The Castle Hayne and Pee Dee aquifers are semi-confined aquifers. (Lautier, 1996) indicates that the surficial, Castle Hayne, and Pee Dee aquifers exhibit primarily a discharge relationship to the Cape Fear River along the length of the shipping channel as evidenced by the higher elevations of water level contours relative to the elevations of the surface of the river. The flow trend may be interrupted locally by streams, lakes, ponds, ground water withdrawal, and other natural and human activities. Monitoring data along the Cape Fear River in Brunswick County indicates an upward component of ground water flow from the Pee Dee aquifer to the Castle Hayne aquifer. This is indicated by lower values of hydraulic head in the Castle Hayne than in the Pee Dee aquifer. Head values along the river are generally higher in the surficial aquifer than in the Castle Hayne aquifer, indicating downward leakage from the surficial aquifer. The recharge to the aquifers is primarily from precipitation, by lateral inflow from areas adjacent to the study area, and from interaquifer leakage. Areas of highest recharge are located in north central New Hanover County and eastern Brunswick County. No impacts are anticipated since no development exists within the area and ground water wells are not located in or near Battery Island. 4.03 Shoreline Processes. The North Carolina Administrative Code T15A:07H.0308 describes the Specific Use Standards for Ocean Shoreline Erosion Control Activities. Section .0308 (a) (1) (B) of the Administrative Code states "Erosion control structures which cause significant adverse impacts on the value and enjoyment of adjacent properties or public access to and use of the ocean beach (emphasis added by the writer) are prohibited. Such structures include, but are not limited to, wooden bulkheads, seawalls, rock or rubble revetments, wooden, metal, concrete or rock jetties, groins and breakwaters; concrete filled sandbags and tire structures." Battery Island (see figure 1) is located in the Cape Fear River and is over 1 mile from the Atlantic Ocean and Bald Head Island. The sandy, estuarine shoreline of Battery Island is not considered oceanfront property. As indicated in Section 1.01, the 6 island is owned by the State of North Carolina and administered by the Division of Parks and Recreation. The National Audubon Society has a long-term lease on the island. The proposed work will not cause adverse impacts to any adjacent ocean beaches or Bald Head Island. 4.04 Sediment Types. The sediment types in the channels near Battery Island are primarily sand and gravel. Table 1 lists river sediment characteristics by channel. These sediment characteristics were determined by the South Atlantic Division Laboratory in Marietta, Georgia, and the U.S. Environmental Protection Agency Environmental Research Laboratory in Gulf Breeze, Florida. Sand is defined as grain size between 0.07 and 5.0 mm while silt and clay measures less than 0.07 mm in diameter. TABLE 1. CHARACTERISTICS OF SURFACE SEDIMENTS IN THE CHANNELS. Channel % Gravel % Sand % Silt & Clay Baldhead Shoal Offshore Reaches 0.0 73.2 26.8 Inside Reaches 0.0 98.7 1.3 Smith Island 7.9 92.0 0.1 Bald head-Caswell 18.0 80.5 1.5 Southport 12.5 85.5 2.0 Battery Island 38.0 61.0 1.0 Lower Swash 27.0 70.0 3.0 Sediments found in the Battery Island area are continually subject to movement facilitated by strong currents. Redistribution of sediment is a natural occurrence in the lower Cape Fear River area; therefore, the removal of 35,000 cubic yards of maintenance material from the existing ship channel is not expected to cause any significant impacts to the adjacent areas. Sediment to be placed within and landward of the sandbags and/or geotubes will be greater than 90 percent sand. 4.05 Terrestrial Resources. The Battery Island complex, including wetlands and uplands areas, is approximately 100 acres in size (see figure 2). Two upland bird nesting areas exist. The "North Colony" area, approximately 3 acres, is vegetated with live oak (Quercus virginiana), yaupon (Ilex vomitoria), red cedar (Juniperus virginiana), and marsh elder (Iva frutescens). The "South Colony" area, approximately 7 acres, is vegetated with red cedar, yaupon, marsh elder, Hercules' club (Xanthoxylum clava- herculis), black cherry (Prunus serotina) and white mulberry (Morus alba). The remainder of the island is saltmarsh dominated by cordgrass (Spartina altemiflora). 7 The "North Colony" is natural, but appears to have been modified in the past by placement of dredged material. The "South Colony" was created by undiked deposition of dredged material. The island has not received any dredged material in at least 25 years. Battery Island is widely recognized as a avian landmark and is considered the largest heronry in North Carolina (Parnell and Soots, 1979; Parnell and Shields, 1990). Each spring thousands of wading birds - herons, egrets, and ibises - gather on the island to nest and raise their young (see table 2). This annual rite of spring has taken place since at least 1928, when wading birds were first reported nesting on the island (Brimley, 1928). Battery Island is the only nesting site within 100 miles (between Bogue Sound, North Carolina, and the North Carolina/South Carolina State line) which is capable of supporting such a large colony of wading birds. Moreover, the island supports ten species of wading birds, four of which are State-listed as "species of special concern"-- little blue heron, tricolored heron, snowy egret, and glossy ibis. In addition, Battery Island supports over 90 percent of North Carolina's nesting white ibises. TABLE 2. NUMBER OF BIRDS BY SPECIES WHICH UTILIZE BATTERY ISLAND. Species 1987 1989 1991 1993 1995 1996 1997 Great Egret (Casmerodius albus) 271 164 121 266 221 190 239 Snowy Egret (Egretta thula) 128 101 97 201 129 349 153 Little Blue Heron (Florida caerulea) 163 40 65 52 90 69 149 Tricolored Heron (Hydranassa tricolor) 214 260 87 366 520 364 257 Cattle Egret (Bubulcus ibis) 111 309 137 660 62 211 97 White Ibis (Eudocimus albus) 3998 8886 5442 9690 8793 8155 8889 Glossy Ibis (Plegadis falcinellus) 10 12 3 13 6 4 0 Black-Crown Night-Heron (Nycticorax nycticorax) 9 22 42 14 17 15 13 Yellow-Crown Night-Heron 1 (Nyctanassa violacea) 0 0 0 0 0 1 Green Heron (Butorides striatus) 3 2 0 1 1 1 0 8 It should be noted that even though the overall size of Battery Island has eroded over the past 5 years, the number of birds using the island have increased. This increase is due to several factors, such as Hurricane Hugo destroying habitat in South Carolina, thereby causing some white ibis to relocate to Battery Island. Since 1992, the National Audubon Society has optimized the nesting habitat by posting the island during the nesting season and by curtailing activities that would jeopardize the nesting habitat (i.e., fires, camping, cutting or removal of vegetation, etc.). If the proposed project is constructed as stated, the upland portion of Battery Island should be protected from further erosion and continue to function as North Carolina's largest heronry. 4.06 Threatened and Endangered Species. An updated list of threatened or endangered species was obtained from both the U.S. Fish and Wildlife Service (USFWS), Raleigh, North Carolina, Field Office, and the National Marine Fisheries Service (NMFS), Southeast Regional Office, on February 25, 1998. The species on this list were considered in the development and documentation of the proposed project. The lists provided by these agencies are indicated below: Mammals Eastern cougar West Indian manatee Blue whale Finback whale Humpback whale Right whale Sei whale Sperm whale (Fells concolor couguar) (Trichechus manatus) (Balaenoptera musculus) (Balaenoptera physalus) (Megaptera novaeangliae) (Eubaleana glacialis) (Balaenoptera borealis) (Physeter catodon) Endangered Endangered Endangered Endangered Endangered Endangered Endangered Endangered Birds Bald eagle Piping plover Wood stork Peregrine falcon Red-cockaded woodpecker Reptiles American alligator Loggerhead sea turtle Kemp's ridley sea turtle (Haliaeetus leucocephalus) Endangered (Charadrius melodus) Threatened (Mycteria americana) Endangered (Falco peregrinus) Threatened (Picoides borealis) Endangered (Alligator mississippiensis) Threatened/SA* (Caretta caretta) Threatened (Lepidochelys kemph) Endangered 9 Green sea turtle (Chelonia mydas) Threatened Hawksbill sea turtle (Eretmochelys imbricata) Endangered Leatherback sea turtle (Dermochelys coriacea) Endangered Fish Shortnose sturgeon (Acipenser brevirostrum) Endangered Plants Cooley's meadowrue (Thalictrum cooleyi) Rough-leaved loosestrife (Lysimachia asperulaefolia) Seabeach amaranth (Amaranthus pumilus) Endangered Endangered Threatened The North Carolina Department of Environment and Natural Resources, Division of Parks and Recreation indicated during the scoping process that the following State- list species of special concern nest on the island: little blue heron (Egrette caerulea), snowy egret (Egretta thula), glossy ibis (Plegadis falcinellus), and tricolored heron (Egretta tricolor). Rare plants present on Battery Island are the State Candidate species dune bluecurls (Trichostema, sp.) and two Significantly Rare species cabbage palm (Sabal palmetto) and moundlily yucca (Yucca gloriosa). No adverse impacts to endangered or threatened or State-listed species are anticipated, since all work will take place at or below the mean high water contour. 4.07 Aquatic Resources. Nekton. Schwartz et al., (1981) reported the collection of 249 species of fish from a 1973-1980 survey of the saline lower Cape Fear River watershed. The Cape Fear estuary, including the adjacent Atlantic Ocean, is characterized by a few species which occur very abundantly and others which occur only incidentally (CP&L, 1980). EA Engineering (1991) has provided an excellent fisheries literature review for the Cape Fear River basin. The nekton of the Cape Fear River estuary are dominated by species residing in the estuary as larvae or juveniles, using the estuary as nursery or feeding habitat, but spawning offshore in the Atlantic Ocean (Birkhead et al., 1979). Abundant species in the "nursery use" category include Atlantic menhaden (Brevoortia tyrannus), Atlantic croaker (Micropogon), spot (Leiostomus xanthurus), star drum (Stellifer lanceolatus), penaeid shrimp, mullet (Mugi1 spp.), and weakfish (Cynoscion regalis). Species that are estuarine endemics or permanent residents are also abundant, namely, bay anchovies (Anchoa mitchilli), killifishes (Fundulus spp.), and silversides (Menidia spp.) (Weinstein, 1979). Anadromous species such as blueback herring (Alosa aestivalis), American 10 shad (Alosa sapidissima), hickory shad (Alosa mediocris), alewife (Alosa pseudoharengus), striped bass (Morone saxatilis), and Atlantic sturgeon (Acipenser oxyrhynchus) use the Cape Fear River estuary as a transportation route to upper river spawning and nursery areas (Walburg and Nichols, 1967; Nichols and Louder, 1970). The shortnose sturgeon (Acipenser brevirostrum) is also present in the harbor. Anadromous fish use is highest from mid-winter to mid-spring. The catadromous American eel (Anguilla rostrata) is widely distributed in the Cape Fear River estuary (Schwartz et al., 1981). Recently, studies of the shortnose sturgeon population in the Cape Fear River system have been conducted by Moser and Ross (1993). This work consisted of a fishery-independent gillnet survey and sonic tracking study, conducted from May 1990 to September 1992, to establish the distribution and movement patterns of shortnose sturgeon and other anadromous fishes in the Cape Fear River estuary. Intensive gillnet sampling (893 days) took place within the study area, but only seven shortnose sturgeon were captured, three of the seven were recaptured. No juvenile shortnose sturgeon have been caught in the Cape Fear River basin, which may mean that this species may not be spawning successfully here (Moser and Ross, 1995). Benthos. According to Birkhead et al. (1979), benthic density in the lower Cape Fear region was highest in the ocean nearshore organic sediment and lowest in the sandy estuarine areas. Downstream of the Military Ocean Terminal, Sunny Point (MOTSU), the dominant organisms were polychaetes, especially a spionid polychaete (Spiophanes bombyx). Other abundant organisms were the little surf clam (Mulinia lateralis), sea pansy (Renilla reniformis), mud snails (Ilynassa obsoleta), and brittlestars (subclass Ophiuroidea). Lawler, Matusky & Skelly Engineers (1975) conducted a benthic investigation at six stations ranging from near the mouth of the Cape Fear River up to the mouth of Smith Creek in the Northeast Cape Fear River. Polychaetes dominated the benthic fauna below MOTSU. The North Carolina Division of Environmental Management (NCDEM) performed benthic sampling at Snows Marsh in 1985. Of the 38 species collected, polychaetes, molluscs, amphipods and decapods dominated the site (NCDEM unpublished data). Sediments ranged from coarse sand to fine silty clays. Common species collected were the polychaetes (Leitoscoloplos variabilis) and (Paraprionospio pinnata) and the molluscs (llyanassa obsoleta) and (Crassostrea virginica). Shellfish beds are also present in the Cape Fear River estuary, primarily south of Snows Cut (Woodward-Clyde Consultants, 1980). All significant beds are in shallow water east of the ship channel. The dominant species are the American oyster (Crassostrea virginica) and the clam (Mercenaria). In this area, both species are harvested for sale and personal consumption. 11 Plankton. Carpenter (1971) studied phytoplankton populations in the Cape Fear River estuary and nearby ocean waters. Carpenter found the diversity to be greater at the mouth of the estuary than in either the coastal waters or the up-river areas. The dominant phytoplankton was the diatom Skeletonema costatum. Other common species included the diatoms Asterionella japonica and Thalassionsina nana, the dinoflagellate Katodinium rotundatum, and the loricate flagellate Calycomonas ovalis. Birkhead et al. (1979) indicated that diatoms were more abundant in the ocean and flagellates more abundant in the estuary. According to Birkhead et al. (1979), the calanoid copepods (Acartia tonsa and Paracalanus crassirostris) and barnacle nauplii were the dominant taxa comprising zooplankton samples in the Cape Fear River estuary and nearshore ocean waters. Other organisms consistently present were bivalve veligers, copepod nauplii, cyclopoid copepods, crab zoea, gastropod veligers, and polychaete larvae. No adverse impacts to aquatic resources are anticipated, since the shallow water habitat to be filled is not a significant shellfish area. 4.08 Recreation and Aesthetic Resources. Battery Island has served as a mecca for amateur bird watchers, which may approach the island by boat. Representatives from the National Audubon Society and the North Carolina Wildlife Resources Commission conduct tours of the island for various groups during the year. Moreover, the diversity of wading birds from Battery Island (as well as the island) has found its way to paintings of Southport to publications about Bald Head Island. Wilmington Harbor has a large amount of recreational boating traffic in the area below Snows Cut and a smaller amount above there. The Atlantic Intracoastal Waterway follows the Cape Fear River channel from Fort Caswell up to Snows Cut. It carries a large amount of transient recreational boating, as well as local recreation in the vicinity of Southport. On calm summer days the area from Southport to the mouth of the river near Bald Head Island is heavily used by all types of recreational boating. The lower Cape Fear River region is very scenic, with many miles of ocean beach, historic homes and lighthouses, and large expanses of salt marsh bordering the river. The proposed action will be low profile and should not adversely impact views from either the river or the Southport waterfront. No adverse impacts to recreation or aesthetics is anticipated. Population. North Carolina had an estimated population of 7,069,836 on July 1, 1994, an increase of 6.6 percent since 1990. The population of 6,628,637 on April 1, 1990, was an increase of 12.7 percent since the 1980 census. North Carolina is presently growing about 1.6 percent annually, and is one of the fastest growing States in the nation. 12 The area including New Hanover, Brunswick, and Pender Counties, had an estimated 1994 population of 228,000; an increase of 14 percent since 1990. While the State was growing at 1.6 percent a year, the three-county area was growing at 3.3 percent per year. Pender and Brunswick Counties have been among the fastest growing counties in the State over the last 4 years, growing at 3.6 percent per year. With this growth, alternate sites for the heronry are not available nor will they be in the future. Battery Island is the only site where this resource can be managed at such a low cost. Moreover, protection and enhancement of Battery Island will have no effect on income or employment. 4.09 Primary Nursery Areas. The most abundant nekton species in the Cape Fear River estuary are those species residing in the estuary as larvae or juveniles and using the estuary as nursery or feeding habitat. The Wilmington Harbor Channel upstream of the intersection of the Upper and Lower Lilliput reaches extends through areas designated by the North Carolina Division of Marine Fisheries as "primary nursery" areas. However, 300 yards east and west of the centerline of the main shipping channel from the intersection of the Upper and Lower Lilliput reaches to the mouth of the Brunswick River is excluded from the primary nursery area designation. From the mouth of the Brunswick River upstream, the maintained channel, turning basins, and side slopes are excluded from the primary nursery area designation. The State of North Carolina defines primary nursery areas as those areas in the estuarine system where initial post-larval development takes place. The shallow water areas adjacent to Battery Island have not been designated as primary nursery areas. No impacts to primary nursery areas are anticipated. 4.10 Archaeological/Historical Resources. The Cape Fear River has a long and active history as one of the earliest and most significant waterways in North Carolina. Several towns, plantations, and farmsteads flourished along the river, and by the mid-19th century there were over 140 named landings located along the 115 miles of river between Wilmington and Fayetteville. These landings were regularly visited by pole and steam powered barges and steamships serving farms, mills, and small industrial and commercial centers at and between-Smithville (Southport), Navassa, Elizabethtown, Wilmington, and earlier Colonial towns of Brunswick Town and Livingston. Thirty-seven historic shipwrecks are listed on the 1985 National Register of Historic Places Registration addendum for the Wilmington Historic District prepared by the North Carolina Division of Archives and History (Pleasants, 1977; Lawrence, 1985). In addition, over 130 shipwrecks are known from the lower Cape Fear - Northeast Cape Fear River vicinity. With the proposed action, no excavation is anticipated. All fill material is to be placed and maintained at or landward of the proposed sandbags and/or geotubes bulkhead. No impacts to submerged cultural resources are anticipated. 13 4.11 Coastal Barrier Resources Act. Review of the "Report to Congress: Coastal Barrier Resources System," Volume 11, dated 1988, indicates that the proposed project will not impact any Coastal Barrier Resources System (CBRS) units. 4.12 Wetlands. As indicated in Section 4.04, the majority of the 100-acre Battery island is a tidal wetland vegetated with smooth cordgrass (Spartina alterniflora). However, along the southern and western estaurine sandy beaches of Battery Island, no marsh exists. The area to be backfilled (landward of the sandbags and/or geotubes) is devoid of any marsh or submerged aquatics. During construction, care will be given that no wetlands will be adversely effected. No impacts to any vegetated wetlands are anticipated_ 4.13 Executive Order 11988 (Flood Plain Management).. No practical alternative exists to the proposed shoreline protection of Battery Island in the flood plain. The proposed activity must be constructed at or below the mean high water contour. Every effort will be taken to minimize. potential harm to or within the flood plain. The action is in compliance with State/local flood plain protection standards. 4.14 Prime and Unique Agriculture Land. According to the Soil Survey of Brunswick County, North Carolina, dated November 1986, the soils on Battery island consists of Newhan fine sand and Yaupon silty clay loam. Neither of these soils are designated by the Natural Resource Conservation Service (NRCS) as prime or unique agriculture lands. No impacts to prime and unique agriculture lands are anticipated. 4.15 Hazardous and Toxic Waste Sites. Battery Island has no history of use as industrial sites or dumps. Therefore, it is highly unlikely that any hazardous and toxic waste sites would be encountered during construction or maintenance. If any hazardous and toxic waste sites are identified during the construction of the proposed activity, response plans and remedial actions will be the responsibility of the District. No impacts are anticipated. 4.16 Air Quality. The project is in compliance with Section 176 (c) of the Clean Air Act, as amended. A conformity determination is not required for the following reasons: a. 40 CFR 93.153 (b), For Federal actions not covered by paragraph (a) of this section, a conformity determination is required for each pollutant where the total of direct and indirect emissions in a nonattainment or maintenance area caused by a Federal action would equal or exceed any of the rates in paragraphs (b) (1) or (2) of this section." Brunswick County has been designated by the State of North Carolina as an attainment area. b. No Volatile Organic Compounds (VOC's) or Nitrogen Oxides (NOX) would be produced by the proposed construction; therefore, a conformity determination would not 14 be required. Construction at the project site would take approximately 1 year and all construction equipment would be removed from the project site following construction completion. No adverse impacts are anticipated. 4.17 Executive Order 11990 (Protection of Wetlands). The recommended plan has been evaluated under Executive Order 11990, Protection of Wetlands. The work will not require the placement of dredged or fill material in any vegetated wetlands of the Cape Fear River. No impacts to wetlands are anticipated. 4.18 Executive Order 11593 (Protection and Enhancement of the Cultural Environment). The recommended plan has been evaluated under Executive Order 11593, Protection and Enhancement of the Cultural Environment. As indicated in Section 4.09, the recommended plan will not effect cultural resources. 4.19 Executive Order 12898 (Federal Actions to Address Environmental Justice in Minority Populations and Low Income Communities and Low Income Populations). No impacts to either minority/low income populations or low income communities are anticipated as a result of this activity. 4.20 North Carolina Coastal Management Program. The proposed placement of the 5,400-foot-long, 12-foot-wide, and 6-foot-high sandbags and/or geotubes along the southern and western shorelines of Battery Island and the backfilling of the bulkhead with about 24,000 cubic yards of dredged material taken from routine maintenance dredging of the Wilmington Harbor navigation channel will not cause a significant impact to the estuarine environment. No marsh or submerged aquatic vegetation will be filled as a result of this action. Within the estuarine system, no primary nursery or shellfish areas will be impacted by this proposed activity. Sediment to be placed within and landward of the sandbags and/or geotubes will be greater than 90 percent sand. Moreover, submerged cultural resources will not be impacted, since no excavation will take place. Therefore, the Wilmington District, U.S. Army Corps of Engineers, believes that the proposed action is consistent with the approved Coastal Management Program of the State of North Carolina. 4.21 Other Environmental Factors. The following factors will not be significantly affected by the proposed action: noise pollution, man-made resources, community cohesion, public facilities and services, employment, tax value, property value, community growth, regional growth, or displacement of people, and businesses or farms. 15 5.00 PUBLIC AND AGENCY INVOLVEMENT 5.01 Scopina. On January 23, 1998, the Wilmington District circulated a scoping letter for the proposed shoreline protection and enhancement of Battery Island. The purpose of the scoping letter was to solicit comments from various private, local, State, and Federal agencies on this proposal to ensure that the development of a recommended plan considers the concerns of other agencies and the public. In response to the scoping letter, the public and review agencies expressed the following major concerns: fishery resources and habitats, wetlands, short- and long-term impacts of the proposed activity, endangered/threatened species, cultural resources, and other natural resources. All concerns were considered and have been satisfied in the recommended plan. Letters were received or individuals were contacted from the agencies listed below. National Marine Fisheries Service U.S. Fish and Wildlife Service North Carolina Department of Administration North Carolina Department of Environment and Natural Resources Division of Parks and Recreation Division of Water Quality Division of Water Resources North Carolina Department of Cultural Resources North Carolina Wildlife Resources Commission North Carolina Coastal Federation National Audubon Society The Village of Bald Head Island Cape Fear Council of Governments Mr. Charles D. Young Mr. Jim Better Mr. and Mrs. John and Onie Dennis Mr. Ken Maus Mr. Hal Sharpe 5.02 Coordination of This Document. This EA and unsigned FONSI is to be furnished to the following list of concerned agencies and individuals: Federal Agencies Environmental Protection Agency National Oceanic and Atmospheric Administration Forest Service, USDA Federal Emergency Management Administration 16 Regional Environmental Officer HUD, Atlanta Regional Office Advisory Council on Historic Preservation U.S. Fish and Wildlife Service Natural Resources Conservation Service Commander, Military Ocean Terminal, Sunny Point Department of Health and Human Services National Marine Fisheries Service U.S. Department of the Interior Fifth Coast Guard District Federal Highway Administration Postmasters Conservation Groups National Wildlife Federation Capitol Group, Sierra Club Conservation Council of North Carolina. Izaac Walton League National Audubon Society North Carolina Coastal Federation North Carolina Wildlife Federation Environmental Defense Fund, Inc. State Conservationist, Sierra Club Cape Fear Group Sierra Club Cape Fear Chapter Audubon Society District Conservationist, Brunswick County State Agencies and Officials State Clearinghouse North Carolina State Ports Authority Mr. John N. Morris North Carolina Wildlife Resources Commission 17 Local Agencies North Carolina Council of Governments, Region O Brunswick County Emergency Management Brunswick County Manager CAMA Officer, Town of Southport City Manager, Southport CAMA Officer, Oak Island Town Manager, Town of Southport Village of Bald Head Island Town of Caswell Beach Town of Yaupon Beach Town of Long Beach Director of Public Works, City of Wilmington Mayor, Town of Shallotte Town of Ocean Isle Beach Town of Sunset Beach Elected Officials Honorable Jesse Helms Honorable Dewey L. Hill Honorable Lauch Faircloth Honorable Mike McIntyre Honorable E. David Redwine Honorable R.C. Soles, Jr. Honorable Thomas E. Wright Brunswick County Commissioners Interested Groups and Individuals Dr. Vince Bellis Dr. Anne B. McCrary Mr. Ray P. Brandi Dr. Orrin Pilkey Mr. James Ferger Shallotte Broadcasting Co. Stateport Pilot Mr. Jerry Walters Mr. Peter B. Ruffin Mr. Paul Foster Mr. John B. Harvey Brunswick Beacon 18 Interested Groups and Individuals (cont'd) Wilmington Shipyard, Inc. Unocal Chemicals Mr. John A. Potter Mr. J W Willis Mr. Dwight E. Carroll Mr. Grover A. Gore Mr. Alex Malpass Mr. Odell Williamson Wilmington Industrial Development Inc. Wilmington-Cape Fear Pilots Association Mr. Ed Flynn Mr. Edward M Gore Sr. Mr. Cecil Holden Land Management Group Inc. Mr. John Hoskins Ms. Brenda R. Nichols Stevens Towing Co. Mr. John Hooten Mr. Timothy Winstead Mr. Julius C. Smith III Mr. Charles D. Young Mr. Jim Better Mr. and Mrs. John and Onie Dennis Mr. Ken Maus Libraries University of North Carolina-Chapel Hill, Wilson Library Library at Department of Natural Resources and Community Development University of North Carolina-Wilmington, Randall Library State Library of North Carolina East Carolina University, Joyner Library 19 6.00 POINT OF CONTACT Any comments or questions regarding this EA/FONSI should be sent to Mr. Hugh Heine, CESAW-TS-PE, U.S. Army Engineer District, PO Box 1890, Wilmington, North Carolina 28402-1890. Telephone contact is (910) 251-4070 or e-mail address hugh.heine@saw02.usace.army.mil. 7.00 DRAFT FINDING OF NO SIGNIFICANT IMPACT (FONSI) No unacceptable adverse effects on water and aquatic resources, terrestrial resources, wetlands and flood plains, threatened and endangered species, cultural resources, recreational resources, recreational fishing, or socio-economic resources are expected to occur as a result of the proposed shoreline protection and enhancement of Battery Island. Based on the EA which precedes, the recommended plan will not significantly affect the quality of the human environment; therefore, this action will not be the subject of an environmental impact statement. 8.00 REFERENCES Bildstein, K. L., W. Post, P. Frederick, and J. W. Johnston. 1990. Freshwater wetlands, rainfall, and the breeding ecology of White Ibises in coastal South Carolina. Wilson Bulletin 102: 84-98. Birkhead, W.A., B.J. Copeland, and R.G. Hodson. 1979. Ecological Monitoring in the Lower Cape Fear Estuary, 1971-1976. Report 79-1 to the Carolina Power and Light Company, Raleigh, N.C. Brimley, H. H. 1928. The Battery Island rookery near Southport, North Carolina. Chat 2: 41-43. Brunswick County. 1993. Brunswick County, North Carolina, Land Use Plan. Prepared by Glen Harbeck Associates, Wilmington, NC, for the Brunswick County Planning Board. Carolina Power and Light Company (CP&L). 1980. Brunswick Steam Electric Plant, Cape Fear Studies: Interpretive Report. Carolina Power and Light Company, Raleigh, N.C. Carolina Power and Light Company (CP&L). 1994. Brunswick Steam Electric Plant, Cape Fear Studies: Interpretive Report. Carolina Power and Light Company, Raleigh, N.C. Carpenter, E.J. 1971. Annual phytoplankton cycle of the Cape Fear River Estuary, North Carolina. Chesapeake Science 12:95-104. 20 EA Engineering, Science and Technology, Inc. 1991. Lower Cape Fear Water Quality and Fisheries Literature Review, Volume 1, Final Report. Prepared for Wilmington Industrial Development, Inc. Wimington, North Carolina. EA Report No. 11747. Hackney, T.H. and S.G. Brady. 1996. Evaluation of Habitat Requirements of the Greenfield Ramshorn in Town Creek, North Carolina, and a Search for Other Populations. Report prepared for Wilmington District Corps of Engineers by the Department of Biological Sciences, UNC-W, Wilmington, NC. Johnston, J. W. and K. L. Bildstein. 1990. Dietary salt as a physiological constraint in White Ibises in an estuary. Physiological Zoology 63: 190-207. Kushlan, J. A. 1978. Feeding ecology of wading birds. Pp. 249-296 in Wading Birds (A. Sprunt, IV, J. C. Ogden, and S. Winckler, Eds.) National Audubon Society, Research Report No. 7. New York. Lautier, Jeff C. 1996. Wilmington Harbor Groundwater Study. Draft Final Report. North Carolina Department of Environment, Health, and Natural Resources, Division of Water Resources. Lawler, Matusky & Skelly Engineers. 1975. Aquatic Ecology Studies, Cape Fear River Estuary, North Carolina, September 1972 to August 1973. Appendix A of Environmental Impact Assessment of Alternatives for the Maintenance of Wilmington Harbor, North Carolina. Report for the U.S. Army Corps of Engineers, Wilmington District. Lawrence, Richard W. 1985. Underwater Archaeological Sites in the Wilmington Historical District. Addendum to the National Register of Historic Places Nomination - Inventory Form, Wilmington Historical District. Manuscript on file North Carolina Division of Archives and History, Raleigh. Moser, M. L. and S. W. Ross. 1993. Distribution and Movements of Shortnose Sturgeon (Acipenser brevirostrum) and Other Anadromous Fishes of the Lower Cape Fear River, North Carolina. Final Report to the U.S. Army Corps of Engineers, Wilmington District. May 1993. 112 pp. Moser, M.L. and S.W. Ross. 1994. Effects of Changing Current Regime and River Discharge on the Estuarine Phase of Anadromous Fish Migration. Offprint from Changes in Fluxes in Estuaries. Moser, M.L. and S.W. Ross. 1995. Habitat Use and Movements of Shortnose and Atlantic Sturgeons in the Lower Cape Fear River, North Carolina. Transactions of the American Fisheries Society 124:225-234. 1995. American Fisheries Society. 21 Nichols, P. and E. Louder. 1970. Upstream passage of anadromous fish through navigation locks and use of stream for spawning habitat, Cape Fear River, North Carolina. 1962-1966. U.S. Fish and Wildlife Service, Circ. 252. North Carolina Department of Environment, Health, and Natural Resources. 1990a. Division of Environmental Management. Administrative Code 15 NCAC 2B .0200 - Classification and Water Quality Standards Applicable to Surface Waters of North Carolina. North Carolina Department of Environment, Health, and Natural Resources. 1990b. Division of Marine Fisheries. Prohibited Area Map,_ Cape Fear Area. Areas B-1, B-2, B-3, B-4, and A-3. North Carolina Department of Natural Resources and Community Development. 1989. Division of Environmental Management. Administrative Code 15 NCAC 2B .0311 - Classification and Water Quality Standards Assigned to the Waters of the Cape Fear River Basin. Parnell, J. F. and D. A. McCrimmon, Jr. 1984. 1983 supplement to atlas of colonial waterbirds of North Carolina estuaries. UNC Sea Grant Publication UNC-SG-84-07. Raleigh, North Carolina. Parnell, J. F. and M. A. Shields. 1990. Management of North Carolina's colonial waterbirds. UNC Sea Grant Publication UNC-SG-90-03. Raleigh, North Carolina. Parnell, J. F. and R. F. Soots, Jr. 1979. Atlas of colonial waterbirds of North Carolina estuaries. UNC Sea Grant Publication UNC-SG-78-10. Raleigh, North Carolina. Pleasants, James A., Jr. 1977. A Brief Survey of Archival References Relating to Known Wrecks and Shipping Channel History from Wilmington to the Ocean Bar, 1624 - 1925. Manuscript on file, North Carolina Division of Archives and History, Raleigh. Ross, S.W., F.C. Rohde, and D.G. Lindquist. 1988. Endangered, Threatened, and Rare Fauna of North Carolina. Part Il. A Re-evaluation of the Marine and Estuarine Fishes. Occasional Papers of the North Carolina Biological Survey 1988-7, 20pp. Schwartz, F.J., W.T. Hogarth, and M.P. Weinstein. 1981. Marine and Freshwater Fishes of the Cape Fear Estuary, North Carolina and their Distribution in Relation to Environmental Factors. Brimleyana No. 7:17-37. July 1981. Walburg, C.H. and P.R. Nichols. 1967. Biology and Management of the American Shad and Status of the Fisheries, Atlantic Coast of the United States. 1960. U.S. Fish and Wildlife Service, Spec. Sci. Rpt. Fish. No. 550 p35-38. 22 Weinstein, M.P. 1979. Shallow marsh habitats as primary nurseries for fish and shellfish, Cape Fear River, North Carolina. Fisheries Bulletin 77(2)339-357. Woodward-Clyde Consultants. 1980. Aquatic and Terrestrial Ecology. Prepared for Brunswick Energy Company. 23 133 V / 87 SOUTHPORT A .K ISLAM Norfolk . Durham QRALEIGH d N O R T H yd C A R O L I N A e? Coca n _ / NOMXa6 Ocean S. 'c -J VICINITY MAP r- "G It "P T'-'9W4 r . Y 1 {? °o G 5 11 Battery Island BUZZARD BAY art \ Caswell \ \\ D ?1 Ov L II /j BALD HEAD SMITH ISLAND i \ 0 -9-0 T 1 Q Q Battery Island, North Carolina Bird Habitat Preservation 1 1/2 0 1 2 SCALE IN MILES SITE LOCATION 'Y Atlantic ? sautliport SITE 0 SO 100 Cape 5 Poor x:\agn\nnc\bateryis.agn / ao M.OT/ «..T / 7 / f Lpf1N!• Vi, 1y!/- rae - i TS • . - N.0?1 .1C J d. d.f1 d.1p / 1 d• 43 't .23 sT4 „1 / O.DfT - ? III - / / `mhw ' - - - • .u .is BATTERY ISLAND 41 dN? • - 1 O Y. J ,. ?:. n ms, .c?f4 400 200 0 400 800 SCALE IN FEET _ Bat" Island, North Carolina Bird Habitat Preservation SANDBAG / GEOTUBE PLACEMENT (PLAN VIEW) 6 J 4 U) SANDBAG /GEOTUBE g MHW ........................ ... .......................... .. ................:_::.. MSL Z ------------------ --------------=a --y o --- --- ---- = ?j DREDGED MATERIAL DREDGED MLW : : J W 2 ... . •• ........................... ... ... . . .... . . . .... . . . . . . . . . . . . . ..... .. EXISTING GROUND -4 -6 SECTION A-A TYPICAL CROSS-SECTION (NORTHWEST BEACH) 8 6 J EXISTING GROUND 4 SANDBAG / GEOTUBE ..............................MHW. ..... .................................... Z '7 MSL ------- -------- p ------ ------------------------ ?................` ................................MLW... W -2 ................ .............................DREDGED MATERIAL -4 SECTION B-B _6 TYPICAL CROSS-SECTION (SOUTHWEST BEACH) Figure 4. Sandbag / Geotube Placement ATTACHMENT A SHORELINE PROTECTION AND ENHANCEMENT OF BATTERY ISLAND EVALUATION OF SECTION 404 (b) (1) GUIDELINES 40 CFR 230 An evaluation of the placement of fill material into waters and wetlands of the United States include the standard form. ATTACHMENT A SHORELINE PROTECTION AND ENHANCEMENT OF BATTERY ISLAND EVALUATION OF SECTION 404 (b) (1) GUIDELINES 40 CFR 230 Section 404 Public Notice No. CESAW-TS-PE-98-10-0009 11 May 1998 1. Review of Compliance (230.10(a)-(d)) Preliminary 1/ Final 2/ A review of the NEPA Document indicates that: a. The discharge represents the least environmentally damaging practicable alternative and if in a special aquatic site, the activity associated with the discharge must have direct access or proximity to, or be located in the aquatic ecosystem to fulfill its basic purpose (if no, see section 2 and NEPA document); YESIXI N01_1* YESIXI N01_1 b. The activity does not: 1) violate applicable State water quality standards or effluent standards prohibited under Section 307 of the CWA; 2) jeopardize the existence of federally listed endangered or threatened species or their habitat; and 3) violate requirements of any federally designated marine sanctuary (if no, see section 2b and check responses from resource and water quality certifying agencies); YESIXI N01_1* YESIXI N01_1 c. The activity will not cause or contribute to significant degradation of waters of the U.S. including adverse effects on human health, life stages of organisms dependent on the aquatic ecosystem, ecosystem diversity, productivity and stability, and recreational, aesthetic, and economic values (if no, see section 2); YESIXI N01_1* YESIXI N01_1 d. Appropriate and practicable steps have been taken to minimize potential adverse impacts of the discharge on the aquatic ecosystem (if no, see section 5). YESIXI N01_1* YESIXI N01_I Proceed to Section 2 *, 1, 2/ See page 6. 2. Technical Evaluation Factors (Subparts C-F) a. Physical and Chemical Characteristics of the Aquatic Ecosystem (Subpart C) (1) Substrate impacts. (2) Suspended particulates/turbidity impacts. (3) Water column impacts. (4) Alteration of current patterns and water circulation. (5) Alteration of normal water fluctuations/hydroperiod. (6) Alteration of salinity gradients. b. Biological Characteristics of the Aquatic Ecosystem (Subpart D) Not Signifi- Signifi- N/A cant cant* I I X i I I I I I I X I i I X I I I I I I I X I I I I I I i X I I I I I I NA I I I (1) Effect on threatened/endangered I I i I species and their habitat. I I X I I (2) Effect on the aquatic food web. I I X I I (3) Effect on other wildlife (mammals, I I I I birds, reptiles, and amphibians). I I X I I c. Special Aquatic Sites (Subpart E) (1) Sanctuaries and refuges. (2) Wetlands. (3) Mud flats. (4) Vegetated shallows. (5) Coral reefs. (6) Riffle and pool complexes. d. Human Use Characteristics (Subpart F) (1) Effects on municipal and private water supplies. (2) Recreational and commercial fisheries impacts. (3) Effects on water-related recreation (4) Aesthetic impacts. (5) Effects on parks, national and historical monuments, national seashores, wilderness areas, research sites, and similar preserves. NA I I I I X I I I X I I NA I I I NA I I I NA I I I I I NA 1 I I I I I I I I I X I I NA I f NA I I I I I I I I I I I I I I I NA I I I I I i Remarks: Where a check is placed under the significant category, preparer add explanation below. Proceed to section 3 *See page 6. A-2 3. Evaluation of Dredged or Fill Material (Subpart G) 3/ a. The following information has been considered in evaluating the biological availability of possible contaminants in dredged or fill material. (Check only those appropriate.) (1) Physical characteristics . . . . . . . . . . . . . . . . . . . . . IXI (2) Hydrography in relation to known or anticipated _ sources of contaminants . . . . . . . . . . . . . . . . . . . . 1 X I (3) Results from previous testing of the material or similar material in _ the vicinity of the project . . . . . . . . . . . . . . . . . . . 1_1 (4) Known, significant sources of persistent pesticides from _ land runoff or percolation . . . . . . . . . . . . . . . . . . . . 1_1 (5) Spill records for petroleum products or designated (Section 311 of CWA) _ hazardous substances . . . . . . . . . . . . . . . . . . . . . . . I_I (6) Other public records of significant introduction of contaminants from industries, municipalities, or other _ sources . . . . . . I_I (7) Known existence of substantial material deposits of substances which could be released in harmful quantities to the aquatic environment by man-induced discharge activities . . . . . . . . . . . . . . . . . I_I (8) Other sources (specify) . . . . . . . . . . . . . . . . . . . . . I _ I List appropriate references. Reference: Environmental Assessment and Draft Finding of No Si gnificant Impact, Shoreline Protection and Enhancement of Battery Island in the Cape Fear River, Southport, Brunswick County, North Carolina, dated April 1998. b. An evaluation of the appropriate information in 3a above indicates that there is reason to believe the proposed dredge or fill material is not a carrier of contaminants, or that levels of contaminants are sub- stantively similar at extraction and disposal sites and not likely to result in degradation of the disposal site. The material meets the testing exclusion criteria. YES IXI NO 1_1* Proceed to Section 4 *, 3/, see page 6. A-3 4. Disposal Site Determinations (230.11(f)). a. The following factors as appropriate, have been considered in evaluating the disposal site. (1) Depth of water at disposal site . . . . . . . . . . . . . . . . . IXI (2) Current velocity, direction, and _ variability at disposal site . . . . . . . . . . . . . . . . . . . IXI (3) Degree of turbulence . . . . . . . . . . . . . . . . . . . . . . . IXI (4) Water column stratification . . . . . . . . . . . . . . . . . . . IXI (5) Discharge vessel speed and direction . . . . . . . . . . . . . . . IXI (6) Rate of discharge . . . . . . . . . . . . . . . . . . . . . IXI (7) Dredged material characteristics (constituents, amount and type _ of material, settling velocities) . . . . . . . . . . . . . . . . . IXI (8) Number of discharges per unit of _ time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IXI (9) Other factors affecting rates and patterns of mixing (specify) List appropriate references. Reference: Environmental Assessment and Draft Finding of No Significant Impact, Shoreline Protection and Enhancement of Battery Island in the Cape Fear River, Southport, Brunswick County, North Carolina, dated April 1998. b. An evaluation of the appropriate factors in 4a above indicates that the disposal site _ _ and/or size of mixing zone are acceptable. YES IXI NO 1_1- 5. Actions to Minimize Adverse Effects (Subpart H). All appropriate and practicable steps have been taken, through application of recommendations of 230.70-230.77, to ensure minimal adverse effects of the proposed discharge. List actions taken YES IXI NO I_I* For water quality see Section 4.01 of the EA. For benthos see Section 4.07 of the EA. For fisheries see Section 4.07 of the EA. For threatened and endangered species see Section 4.06 of the EA. Return to section 1 for final stage of compliance review. See also note 3/, page 3. *See page 6. A-4 6. Factual Determinations (230.11). A review of appropriate information as identified in items 2-5 above indicates that there is minimal potential for short- or long-term environmental effects of the proposed discharge as related to: a. Physical substrate at the disposal site (review sections 2a, 3, 4, and 5) . . . . . . . . . . YES Ix_I NO 1_I* b. Water circulation, fluctuation, and salinity (review sections 2a, 3, 4, and 5) . . . . . . . . . . . YES IXI NO I_I* C. Suspended particulates/turbidity _ (review sections 2a, 3, 4, and 5) . . . . . . . . . . YES IXI NO I_I* d. Contaminant availability _ (review sections 2a, 3, and 4) . . . . . . . . . . . . . YES IXI NO 1_1- e. Aquatic ecosystem structure and function (review sections 2b and c, 3, and 5). . . . . . . . . . YES 1X1 NO I_I* f. Disposal site - - (review sections 2, 4, and 5) . . . . . . . . . . . . . YES IXI NO 1_1* g. Cumulative impact on the aquatic _ ecosyem . . . . . . . . . . . . . . . . . . . . . . . . YES 1 X I NO I _ h. Secondary impacts on the aquatic _ ecosystem . . . . . . . . . . . . . . . . . . . . . . . YES 1 X 1 NO I _ I 7. Findings. a. The proposed disposal site for discharge of dredged or fill material complies with the _ Section 404(b)(1) guidelines . . . . . . . . . . . . . . . . . . . . . 1 X b. The proposed disposal site for discharge of dredged or fill material complies with the Section 404(b)(1) guidelines with the inclusion of the following conditions: . . . . . . . . . . . . . . . . I_I *See page 6. C. The proposed disposal site for discharge of dredged or fill material does not comply with the Section 404(b)(1) guidelines for the following reasons(s): (1) There is a less damaging practicable alternative A A-5 (2) The proposed discharge will result in significant degradation of the aquatic ecosystem . . . . . . . . . . . . . . . (3) The proposed discharge does not include all practicable and appropriate measures to minimize _ potential harm to the aquatic ecosystem . . . . . . . . . . . . . . I_I 8. C. E. SHUFORD, JR. Pi.tJ - TERR R. U BLUTH - Chief, Technical Services Division COL, EN f Comman ng Date: Date: *A negative, significant, or unknown response indicates that the permit application may not be in compliance with the Section 404(b)(1) Guidelines. i/ Negative responses to three or more of the compliance criteria at this stage indicate that the proposed projects may not be evaluated using this "short form procedure." Care should be used in assessing pertinent portions of the technical information of items 2 a-d, before completing the final review of compliance. 2/ Negative response to one of the compliance criteria at this stage indicates that the proposed project does not comply with the guidelines. If the economics of navigation and anchorage of Section 404(b)(2) are to be evaluated in the decision-making process, the "short form evaluation process is inappropriate." 3/ If the dredged or fill material cannot be excluded from individual testing, the "short-form" evaluation process is inappropriate. A-6 ENVIRONMENTAL ASSESSMENT AND DRAFT wln cIr±A11C1t"'*AAIT 111ADAto%T ENVIRONMENTAL ASSESSMENT AND DRAFT FINDING OF NO SIGNIFICANT IMPACT SHORELINE PROTECTION AND ENHANCEMENT OF BATTERY ISLAND, IN THE CAPE FEAR RIVER SOUTHPORT, BRUNSWICK COUNTY, NORTH CAROLINA If MAY 1998 ITEM TABLE OF CONTENTS PAGE No. 1.00 PURPOSE AND NEED FOR ACTION ............................... 1 1.01 Introduction ............................................... 1 1.02 Need for Proposed Action .................................... 2 1.03 Proposed Action ........................................... 2 1.04 Proposed Construction Schedule ............................... 3 2.00 INCORPORATION BY REFERENCE ............................... 3 3.00 ALTERNATIVES TO THE PROPOSED ACTION ...................... 4 3.01 No-Action Alternative . ....................................... 4 3.02 Construction of a Sheet Pile Bulkhead .......................... 4 3.03 Placement of Rock Riprap .................................... 5 3.04 Placement of Unconfined Dredged Material ...................... 5 4.00 ENVIRONMENTAL EFFECTS .................................... 5 4.01 Water Quality .............................................. 5 4.02 Ground Water Quality ....................................... 6 4.03 Shoreline Processes ......................................... 6 4.04 Sediment Types ............................................ 7 4.05 Terrestrial Resources ....................................... 7 4.06 Threatened and Endangered. Species ........................... 9 4.07 Aquatic Resources ......................................... 10 4.08 Recreation and Aesthetic Resources .......................... 12 4.09 Primary Nursery Areas ..................................... 13 4.10 Archaeological/Historical Resources ........................... 13 4.11 Coastal Barrier Resources Act ............................... 14 4.12 Wetlands ................................................ 14 4.13 Executive Order 11988 (Flood Plain Management) ................ 14 4.14 Prime and Unique Agriculture Land ............................ 14 4.15 Hazardous and Toxic Waste Sites ............................. 14 4.16 Air Quality ............................................... 14 4.17 Executive Order 11990 (Protection of Wetlands) .................. 15 4.18 Executive Order 11593 (Protection and Enhancement of the Cultural Environment) ........................................... 15 4.19 Executive Order 12898 (Federal Actions to Address Environmental Justice in Minority Populations and Low Income Communities and Low Income Populations) .................................. a 15 4.20 North Carolina Coastal Management Program ................... 15 4.21 Other Environmental Factors ................................. 15 5.00 PUBLIC AND AGENCY INVOLVEMENT ........................... ...-.. 16 5.01 Scoping ................................................. 16 5.02 Coordination of This Document ............................... 16 6.00 POINT OF CONTACT .......................................... 20 7.00 DRAFT FINDING OF NO SIGNIFICANT IMPACT (FONSI) ............. 20 8.00 REFERENCES ............................................... 20 TABLES Table 1. Characteristics of Surface Sediments in the Channels ............... 7 Table 2. Number of Birds by Species Which Utilize Battery Island ............. 8 FIGURES (Follows Page 23) Figure 1. Site Location Map. Figure 2. Proposed Sandbag/Geotube Bulkhead. Figure 3. Sandbag/Geotube Placement (Plan View). Figure 4. Sandbag/Geotube Placement. Typical Cross-Section (Northwest Beach and Southwest Beach. ATTACHMENTS Attachment A. Evaluation of Section 404(b)(1) Guidelines. ENVIRONMENTAL ASSESSMENT AND DRAFT FINDING OF NO SIGNIFICANT IMPACT SHORELINE PROTECTION AND ENHANCEMENT OF BATTERY ISLAND, IN THE CAPE FEAR RIVER SOUTHPORT, BRUNSWICK COUNTY, NORTH CAROLINA MAY 1998 1.00 PURPOSE AND NEED FOR ACTION 1.01 Introduction. Battery Island (see figure 1) is located in the Cape Fear River, approximately 0.5 mile east of Southport and 24 miles south of Wilmington, North Carolina. Battery Island is adjacent to the navigation channel and has less than 10 acres of upland habitat. Battery Island is widely recognized as an avian landmark and is considered to be the largest heronry in North Carolina. This island is a haven for birds throughout the year, but it is most noted for the long-legged waders that occupy the island during the spring and summer months. Each spring, thousands of wading birds (herons, egrets, and ibises) gather on the island to nest and to raise their young. This annual rite of spring has taken place since at least 1928, when wading birds were first reported nesting on the island. Battery Island is the only nesting site within 100 miles (between Bogue Sound, North Carolina, and the North Carolina/South Carolina State line) that is capable of supporting such a large colony of wading birds. Moreover, the island supports ten species of wading birds, four of which are state-listed as "species of special concern." In addition, Battery Island supports over 90 percent of North Carolina's nesting white ibises. Battery Island is owned by the State of North Carolina and administered by the North Carolina Division of Parks and Recreation. Since 1992, the National Audubon Society has held a long-term (50-year) lease on this site and maintains it for colonial nesting waterbirds. Battery Island is a protected Colonial Waterbird Management Site. The island is posted off-limits to all visitors from March 1 to September 1 and is patrolled throughout the year. At other times of the year, activities that would jeopardize the nesting habitat are prohibited (i.e., fires, camping, cutting or removal of vegetation, etc.). On January 23, 1998, the Wilmington District circulated a scoping letter for the shoreline protection and enhancement of Battery Island. The purpose of the scoping letter was to solicit comments from various private, local, State, and Federal agencies on this proposal to ensure that the scope of the environmental assessment (EA) meets the information needs of other agencies and the public, and to be sure that it includes an assessment of impacts on all significant resources in the project area. In response to the scoping letter, the public and review agencies expressed the following major concerns: fishery resources and habitat, estuarine habitat, water quality, quality of the dredge material, shallow water habitat, wetlands, and threatened and endangered species. 1.02 Need for Proposed Action. In recent years, Battery Island's southern and western shorelines have experienced severe erosion. It is estimated that up to 60 feet of the southern and western shorelines of the island have been lost in the past 5 years (since about 1993). This equates to an average rate of erosion of about 12 feet per year. The erosion has already claimed red cedars and yaupons that once supported nesting wading birds, and other areas are threatened. Moreover, erosion has also claimed most of the beach where oystercatchers once nested. Stabilization of Battery Island's shoreline is necessary to prevent the further loss of this valuable bird nesting habitat. With the cooperation of the National Audubon Society and the North Carolina Department of Environment and Natural Resources, Division of Water Resources, the Wilmington District, U.S. Army Corps of Engineers is planning to protect and enhance the western and southern shorelines of Battery Island to its condition of 1993. This project was conceived and recommended during a meeting on February 12, 1997 by the Beneficial Use of Dredged Material Work Group. Individuals from the U.S. Fish and Wildlife Service, U.S. National Marine Fisheries, U.S. Corps of Engineers, NC Division of Marine Fisheries, NC Division of Coastal Management, NC Division of Water Resources, NC Wildlife Resources Commission, NC Division of Water Quality, and NC Public Health, Pest Management are represented in this group and it is believed that each agency represented supports this project. 1.03 Proposed Action. The proposed project consists of two items of work: the installation of 5,400 linear feet of sandbags and/or geotubes which are 12 feet wide and 6 feet high along the southern and western shoreline of Battery Island (see figure 2). Approximately 11,000 cubic yards of dredged material will be used to fill the sandbags and/or geotubes. The sandbags and/or geotubes are to be aligned along the southern and western shorelines about 60 feet and 20 feet, respectively, waterward from the mean sea level (see figures 3 and 4). About 24,000 cubic yards of dredged material taken from routine maintenance dredging of the Wilmington Harbor navigation channel will be used to backfill the 5.5-acre shallow water area landward of the sandbags and/or geotubes. At this time, the order of work has not been determined. However, these two work items will be constructed within the same construction period. Before construction takes place, the Wilmington District will coordinate this activity with both sponsors of the project (i.e., the North Carolina Department of Environment and Natural Resources, Division of Water Resource, and the National Audubon Society). In order to avoid the 2 bird nesting season, construction may take place from September 15 to February 28 of any year. The National Audubon Society has asked that no vegetation be planted between the sandbags and mean sea level, in order to provide nesting for the oystercatchers (Haematopus palliatus). The National Audubon Society has monitored the bird population on Battery Island. Future monitoring will involve assessment of the effectiveness and durability of the project. The proposed protection and enhancement of Battery Island is a benefical use of dredged material, since the overall effects of the project on the environment are benefical it has been determined that it will not require mitigation. Maintenance of the proposed project will be the responsibility of the North Carolina Department of Environment and Natural Resources, Division of Water Resources. 1.04 Proposed Construction Schedule. Subject to the availability of funds, project construction of the proposed work may be scheduled to be initiated by January 1999 and completed no later than January 2000. 2.00 INCORPORATION BY REFERENCE The following documents are incorporated by reference: a. U.S. Army Corps of Engineers, Wilmington District. 1996. Final Environmental Impact Statement for Cape Fear - Northeast Cape Fear Rivers. Feasibility Study. New Hanover and Brunswick Counties. North Carolina. June 1996. b. U.S. Army Engineer District, Wilmington. Final Supplement I to the Final Environmental Impact Statement for Wilmington Harbor Channel Widening. New Hanover and Brunswick Counties, North Carolina. June 1996. c. U.S. Army Engineer District, Wilmington. Draft Supplement I to the Final Environmental Impact Statement for Wilmington Harbor Channel Widening. New Hanover and Brunswick Counties. North Carolina. February 1996. d. U.S. Army Corps of Engineers, Wilmington District. 1996. Draft Environmental Impact Statement for Cape Fear - Northeast Cape Fear Rivers. Feasibility Study. New Hanover and Brunswick Counties. North Carolina. January 1996. e. U.S. Army Engineer District, Wilmington. Final Interim Feasibility Report and Environmental Impact Statement on Improvement of Navigation. Wilmington Harbor Channel Widening Wilmingtton North Carolina. Volume I - Main Report. March 1994. f. U.S. Army Corps of Engineers, Wilmington District. Environmental Assessment. Beneficial Use of Dredoed Material Wilmington Offshore Fisheries Enhancement 3 Structure Wilmington Harbor Ocean Bar Channel Deepenina Wilmington. North Carolina. May 1994. g. U.S. Army Engineer District, Wilmington. Environmental Assessment and Finding of No Significant Impact Wilmington Harbor Ocean Bar Channel Deepening. Wilmington North Carolina. August 1993. h. U.S. Army Engineer District, Wilmington. Environmental Assessment and Finding of No Sianificant Impact Maintenance Dredging in Wilmington Harbor Ocean Bar Channels by Ocean-Certified Pipeline, or Bucket and Barge Dredge with Disposal in the Wilmington Harbor Ocean Dredged Material Disposal Site. August 1991. i. U.S. Army Engineer District, Wilmington. Environmental Assessment and Finding of No Significant Impact Excavation of Pits. Wilmington Harbor. Baldhead Shoal Channel Brunswick County. North Carolina. October 1991. j. U.S. Army Engineer District, Wilmington. Final Environmental Impact Statement (FEIS) Long-Term Maintenance of Wilmington Harbor. North Carolina. October 1989. k. U.S. Environmental Protection Agency. Final Environmental Impact Statement (FEIN Savannah GA: Charleston SC: and Wilmington. NC. Ocean Dredged Material Disposal Sites Designation. October 1983. 3.00 ALTERNATIVES TO THE PROPOSED ACTION The following alternatives were considered: 3.01 No-Action Alternative. Failure to protect Battery Island will cause the eventual destruction of the largest heronry in North Carolina. At current erosion rates, the upland portion of Battery Island would be eroded away in about 40 years. The island would lose its utility as a heronry before that time. This alternative is unacceptable and will not be pursued. No agency supported this alternative. 3.02 Construction of a Sheet Pile Bulkhead. The construction of a sheet pile bulkhead along the proposed alignment (i.e., 60 feet and 20 feet waterward of the mean sea level along the southern and the western shorelines, respectively) was considered. Because of the very shallow water near the island, an access channel would have to be excavated to get the materials and equipment to the island. There are a number of submerged cultural resource sites just offshore of the island and they could be impacted by an access channel. Moreover, the type of equipment required to install a bulkhead might also adversely impact the high ground portion of the island. This alternative was not selected because of potential adverse impacts to submerged cultural resources and the upland portion of the island. 4 3.03 Placement of Rock Riprap. This alternative would involve the placement of rock riprap along the southern and western shorelines of Battery Island. Because of the very shallow water near the island, an access channel would need to be excavated in order to move materials and equipment to the island. Bulldozers and front-end loaders would be required to place the rock riprap along the southern and western shorelines. This heavy equipment would need to run back and forth along the high ground portion of the island to pick up and place the rock riprap. Adverse impacts to cultural resources and the high ground portion of the island were the reasons that this alternative was not chosen. 3.04 Placement of Unconfined Dredged Material. The placement of unconfined dredged material along the southern and western shorelines without sandbags and/or geotubes, sheet pile bulkheading, or rock riprap would cause the material to erode back into the adjacent navigational channel. This portion of the navigational channel is maintained on a 2- to 3-year cycle. Given the annual erosion rate of 12 feet per year, the unconfined material placed along the southern and western shorelines would quickly erode away before the channel is maintained again. Additional erosion could take place to the high ground portion of the island by removal of rookery trees. This alternative was not chosen because the unconfined dredged material would only be a short-term solution. All of these alternatives could adversely impact submerged cultural resources and the high ground portion of the island or could allow additional erosion between maintenance events. Therefore, these alternatives have been deleted from further consideration. 4.00 ENVIRONMENTAL EFFECTS 4.01 Water Qualitx. The State of North Carolina has placed the lower Cape Fear River into two water classifications (North Carolina Department of Natural Resources and Community Development, 1989). The Cape Fear River from a line across the river between Snows and Federal Points to the Atlantic Ocean is "SA" (except for a segment west of the Cape Fear River Channel that is classified "SC"). "SC" waters are suitable for fishing, fish and wildlife propagation, secondary recreation, and other uses requiring water of lower quality. "SA" means that in addition to the "SC" uses, the waters are acceptable for shellfishing for market purposes and the water will meet accepted sanitary standards of water quality for outdoor bathing. The waters west of the channel between Snows Point and Southport are prohibited (closed) shellfish areas. A Section 401 (P.L. 95-217) Water Quality Certificate is required for the proposed project, since waters of the State of North Carolina will be filled. A Section 401 Water Quality Certificate will be requested from the NC Division of Water Quality and will be obtained prior to the start of work. An Evaluation of Section 404(b)(1) Guidelines, 40 CFR 230 (see Attachment A) and a Section 404 Public Notice for the proposed work will be required, since these tidal waters are subject to the Corps regulatory jurisdiction. 5 No anticipated impacts to water quality are anticipated. 4.02 Ground Water Quality. The project study area is situated in the Tidewater region of the North Carolina Coastal Plain physiographic province. The region is generally of low relief. Land surface elevations range from sea level to about 80 feet above sea level. The region is characterized by a multiaquifer system of interbedded sand, silt, and clays often overlying a fractured rock aquifer. The hydrogeologic units between the top of the Black Creek aquifer and the water table include the surficial, Castle Hayne, and Pee Dee aquifers and the Castle Hayne, Pee Dee, and Black Creek confining units. The Castle-Hayne andPee Dee aquifers are semi-confined aquifers. (Lautier, 1996) indicates that the surficial, Castle Hayne, and Pee Dee aquifers exhibit primarily a discharge relationship to the Cape Fear River along the length of the shipping channel as evidenced by the higher elevations of water level contours relative to the elevations of the surface of the river. The flow trend may be interrupted locally by streams, lakes, ponds, ground water withdrawal, and other natural and human activities. Monitoring data along the Cape Fear River in Brunswick County indicates an upward component of ground water flow from the Pee Dee aquifer to the Castle Hayne aquifer. This is indicated by lower values of hydraulic head in the Castle Hayne than in the Pee Dee aquifer. Head values along the river are generally higher in the surficial aquifer than in the Castle Hayne aquifer, indicating downward leakage from the surficial aquifer. The recharge to the aquifers is primarily from precipitation, by lateral inflow from areas adjacent to the study area, and from interaquifer leakage. Areas of highest recharge are located in north central New Hanover County and eastern Brunswick County. No impacts are anticipated since no development exists within the area and ground water wells are not located in or near Battery Island. 4.03 Shoreline Processes. The North Carolina Administrative Code T15A:07H.0308 describes the Specific Use Standards for Ocean Shoreline Erosion Control Activities. Section .0308 (a) (1) (B) of the Administrative Code states "Erosion control structures which cause significant adverse impacts on the value and enjoyment of adjacent properties or public access to and use of the ocean beach (emphasis added by the writer) are prohibited. Such structures include, but are not limited to, wooden bulkheads, seawalls, rock or rubble revetments, wooden, metal, concrete or rock jetties, groins and breakwaters; concrete filled sandbags and tire structures." Battery Island (see figure 1) is located in the Cape Fear River and is over 1 mile from the Atlantic Ocean and Bald Head Island. The sandy, estuarine shoreline of Battery Island is not considered oceanfront property. As indicated in Section 1.01, the 6 island is owned by the State of North Carolina and administered by the Division of Parks and Recreation. The National Audubon Society has a long-term lease on the island. The proposed work will not cause adverse impacts to any adjacent ocean beaches or Bald Head Island. 4.04 Sediment Types. The sediment types in the channels near Battery Island are primarily sand and gravel. Table 1 lists river sediment characteristics by channel. These sediment characteristics were determined by the South Atlantic Division Laboratory in Marietta, Georgia, and the U.S. Environmental Protection Agency Environmental Research Laboratory in Gulf Breeze, Florida. Sand is defined as grain size between 0.07 and 5.0 mm while silt and clay measures less than 0.07 mm in diameter. TABLE 1. CHARACTERISTICS OF SURFACE SEDIMENTS IN THE CHANNELS. Channel % Gravel % Sand % Silt & Clax Baldhead Shoal Offshore Reaches 0.0 73.2 26.8 Inside Reaches 0.0 98.7 1.3 Smith Island 7.9 92.0 0.1 Bald head-Caswell 18.0 80.5 1.5 Southport 12.5 85.5 2.0 Battery Island 38.0 61.0 1.0 Lower Swash 27.0 70.0 3.0 Sediments found in the Battery Island area are continually subject to movement facilitated by strong currents. Redistribution of sediment is a natural occurrence in the lower Cape Fear River area; therefore, the removal of 35,000 cubic yards of maintenance material from the existing ship channel is not expected to cause any significant impacts to the adjacent areas. Sediment to be placed within and landward of the sandbags and/or geotubes will be greater than 90 percent sand. 4.05 Terrestrial Resources. The Battery Island complex, including wetlands and uplands areas, is approximately 100 acres in size (see figure 2). Two upland bird nesting areas exist. The "North Colony" area, approximately 3 acres, is vegetated with live oak (Quercus virginiana), yaupon (Ilex vomitoria), red cedar (Juniperus virginiana), and marsh elder (Iva frutescens). The South Colony area, approximately 7 acres, is vegetated with red cedar, yaupon, marsh elder, Hercules' club (Xanthoxylum clava- herculis), black cherry (Prunus serotina) and white mulberry (Morus alba). The remainder of the island is saltmarsh dominated by cordgrass (Spartina altemiflora). 7 The "North Colony" is natural, but appears to have been modified in the past by placement of dredged material. The "South Colony" was created by undiked deposition of dredged material. The island has not received any dredged material in at least 25 years. Battery Island is widely recognized as a avian landmark and is considered the largest heronry in North Carolina (Parnell and Soots, 1979; Parnell and Shields, 1990). Each spring thousands of wading birds - herons, egrets, and ibises - gather on the island to nest and raise their young (see table 2). This annual rite of spring has taken place since at least 1928, when wading birds were first reported nesting on the island__ (Brimley, 1928). Battery Island is the only nesting site within 100 miles (between Bogue Sound, North Carolina, and the North Carolina/South Carolina State line) which is capable of supporting such a large colony of wading birds. Moreover, the island supports ten species of wading birds, four of which are State-listed as "species of special concern"-- little blue heron, tricolored heron, snowy egret, and glossy ibis. In addition, Battery Island supports over 90 percent of North Carolina's nesting white ibises. TABLE 2. NUMBER OF BIRDS BY SPECIES WHICH UTILIZE BATTERY ISLAND. Species 1987 1989 1991 1993 1995 1996 1997 Great Egret (Casmerodius albus) 271 164 121 266 221 190 239 Snowy Egret (Egretta thula) 128 101 97 201 129 349 153 Little Blue Heron (Florida caerulea) 163 40 65 52 90 69 149 Tricolored Heron (Hydranassa tricolor) 214 260 87 366 520 364 257 Cattle Egret (Bubulcus ibis) 111 309 137 660 62 211 97 White Ibis (Eudocimus albus) 3998 8886 5442 9690 8793 8155 8889 Glossy Ibis (Plegadis falcinellus) 10 12 3 13 6 4 0 Black-Crown Night-Heron (Nycticorax nycticorax) 9 22 42 14 17 15 13 Yellow-Crown Night-Heron (Nyctanassa violacea) 0 0 0 0 0 1 1 Green Heron (Butorides striatus) 3 2 0 1 1 1 0 8 It should be noted that even though the overall size of Battery Island has eroded over the past 5 years, the number of birds using the island have increased. This increase is due to several factors, such as Hurricane Hugo destroying habitat in South Carolina, thereby causing some white ibis to relocate to Battery Island. Since 1992, the National Audubon Society has optimized the nesting habitat by posting the island during the nesting season and by curtailing activities that would jeopardize the nesting habitat (i.e., fires, camping, cutting or removal of vegetation, etc.). If the proposed project is constructed as stated, the upland portion of Battery Island should be protected from further erosion and continue to function as North Carolina's largest heronry. 4.06 Threatened and Endangered Species. An updated list of threatened or endangered species was obtained from both the U.S. Fish and Wildlife Service (USFWS), Raleigh, North Carolina, Field Office, and the National Marine Fisheries Service (NMFS), Southeast Regional Office, on February 25, 1998. The species on this list were considered in the development and documentation of the proposed project. The lists provided by these agencies are indicated below: Mammals Eastern cougar West Indian manatee Blue whale Finback whale Humpback whale Right whale Sei whale Sperm whale (Felis concolor couguar) (Trichechus manatus) (Balaenoptera musculus) (Balaenoptera physalus) (Megaptera novaeangliae) (Eubaleana glacialis) (Balaenoptera borealis) (Physeter catodon) Endangered Endangered Endangered Endangered Endangered Endangered Endangered Endangered Birds Bald eagle Piping plover Wood stork Peregrine falcon Red-cockaded woodpecker Reptiles American alligator Loggerhead sea turtle Kemp's ridley sea turtle (Haliaeetus leucocephalus) Endangered (Charadrius melodus) Threatened (Mycteria americana) Endangered (Falco peregrinus) Threatened (Picoides borealis) Endangered (Alligator mississippiensis) Threatened/SA* (Caretta caretta) Threatened (Lepidochelys kempii) Endangered 9 Green sea turtle (Chelonia mydas) Threatened Hawksbill sea turtle (Eretmochelys imbricata) Endangered Leatherback sea turtle (Dermochelys coriacea) Endangered Fish Shortnose sturgeon (Acipenser brevirostrum) Endangered Plants Cooley's meadowrue (Thalictrum cooleyi) Rough-leaved loosestrife (Lysimachia asperulaefolia) Seabeach amaranth (Amaranthus pumilus) Endangered Endangered Threatened The North Carolina Department of Environment and Natural Resources, Division of Parks and Recreation indicated during the scoping process that the following State- list species of special concern nest on the island: little blue heron (Egrette caerulea), snowy egret (Egretta thula), glossy ibis (Plegadis falcinellus), and tricolored heron (Egretta tricolor). Rare plants present on Battery Island are the State Candidate species dune bluecurls (Trichostema, sp.) and two Significantly Rare species cabbage palm (Sabal palmetto) and moundlily yucca (Yucca gloriosa). No adverse impacts to endangered or threatened or State-listed species are anticipated, since all work will take place at or below the mean high water contour. 4.07 Aquatic Resources. Nekton. Schwartz et al., (1981) reported the collection of 249 species of fish from a 1973-1980 survey of the saline lower Cape Fear River watershed. The Cape Fear estuary, including the adjacent Atlantic Ocean, is characterized by a few species which occur very abundantly and others which occur only incidentally (CP&L, 1980). EA Engineering (1991) has provided an excellent fisheries literature review for the Cape Fear River basin. The nekton of the Cape Fear River estuary are dominated by species residing in the estuary as larvae or juveniles, using the estuary as nursery or feeding habitat, but spawning offshore in the Atlantic Ocean (Birkhead et al., 1979). Abundant species in the "nursery use" category include Atlantic menhaden (Brevoortia tyrannus), Atlantic croaker (Micropogon), spot (Leiostomus xanthurus), star drum (Stellifer lanceolatus), penaeid shrimp, mullet (Mug?1 spp.), and weakfish (Cynoscion regalis). Species that are estuarine endemics or permanent residents are also abundant, namely, bay anchovies (Anchoa mitchilli), killifishes (Fundulus spp.), and silversides (Menidia spp.) (Weinstein, 1979). Anadromous species such as blueback herring (Alosa aestivalis), American 10 shad (Alosa sapidissima), hickory shad (Alosa mediocris), alewife (Alosa pseudoharengus), striped bass (Morone saxatilis), and Atlantic sturgeon (Acipenser oxyrhynchus) use the Cape Fear River estuary as a transportation route to upper river spawning and nursery areas (Walburg and Nichols, 1967; Nichols and Louder, 1970). The shortnose sturgeon (Acipenser brevirostrum) is also present in the harbor. Anadromous fish use is highest from mid-winter to mid-spring. The catadromous American eel (Anguilla rostrata) is widely distributed in the Cape Fear River estuary (Schwartz et al., 1981). Recently, studies of the shortnose sturgeon population in the Cape Fear River system have been conducted by Moser and Ross (1993). This work consisted of a fishery-independent gillnet survey and sonic tracking study, conducted from May 1990 to September 1992, to establish the distribution and movement patterns of shortnose sturgeon and other anadromous fishes in the Cape Fear River estuary. Intensive gillnet sampling (893 days) took place within the study area, but only seven shortnose sturgeon were captured, three of the seven were recaptured. No juvenile shortnose sturgeon have been caught in the Cape Fear River basin, which may mean that this species may not be spawning successfully here (Moser and Ross, 1995). Benthos. According to Birkhead et al. (1979), benthic density in the lower Cape Fear region was highest in the ocean nearshore organic sediment and lowest in the sandy estuarine areas. Downstream of the Military Ocean Terminal, Sunny Point (MOTSU), the dominant organisms were polychaetes, especially a spionid polychaete (Spiophanes bombyx). Other abundant organisms were the little surf clam (Mulinia lateralis), sea pansy (Renilla reniformis), mud snails (Ilynassa obsoleta), and brittlestars (subclass Ophiuroidea). Lawler, Matusky & Skelly Engineers (1975) conducted a benthic investigation at six stations ranging from near the mouth of the Cape Fear River up to the mouth of Smith Creek in the Northeast Cape Fear River. Polychaetes dominated the benthic fauna below MOTSU. The North Carolina Division of Environmental Management (NCDEM) performed benthic sampling at Snows Marsh in 1985. Of the 38 species collected, polychaetes, molluscs, amphipods and decapods dominated the site (NCDEM unpublished data). Sediments ranged from coarse sand to fine silty clays. Common species collected were the polychaetes (Leitoscoloplos variabilis) and (Paraprionospio pinnata) and the molluscs (Ilyanassa obsoleta) and (Crassostrea virginica). Shellfish beds are also present in the Cape Fear River estuary, primarily south of Snows Cut (Woodward-Clyde Consultants, 1980). All significant beds are in shallow water east of the ship channel. The dominant species are the American oyster (Crassostrea virginica) and the clam (Mercenaria). In this area, both species are harvested for sale and personal consumption. 11 Plankton. Carpenter (1971) studied phytoplankton populations in the Cape Fear River estuary and nearby ocean waters. Carpenter found the diversity to be greater at the mouth of the estuary than in either the coastal waters or the up-river areas. The dominant phytoplankton was the diatom Skeletonema costatum. Other common species included the diatoms Asterionella japonica and Thalassionsina nana, the dinoflagellate Katodinium rotundatum, and the loricate flagellate Calycomonas ovalis. Birkhead et al. (1979) indicated that diatoms were more abundant in the ocean and flagellates more abundant in the estuary. According to_Birkhead_et al, (1979), the calanoid copepods (Acartia tonsa and Paracalanus crassirostris) and barnacle nauplii were the dominant taxa comprising zooplankton samples in the Cape Fear River estuary and nearshore ocean waters. Other organisms consistently present were bivalve veligers, copepod nauplii, cyclopoid copepods, crab zoea, gastropod veligers, and polychaete larvae. No adverse impacts to aquatic resources are anticipated, since the shallow water habitat to be filled is not a significant shellfish area. 4.08 Recreation and Aesthetic Resources. Battery Island has served as a mecca for amateur bird watchers, which may approach the island by boat. Representatives from the National Audubon Society and the North Carolina Wildlife Resources Commission conduct tours of the island for various groups during the year. Moreover, the diversity of wading birds from Battery Island (as well as the island) has found its way to paintings of Southport to publications about Bald Head Island. Wilmington Harbor has a large amount of recreational boating traffic in the area below Snows Cut and a smaller amount above there. The Atlantic Intracoastal Waterway follows the Cape Fear River channel from Fort Caswell up to Snows Cut. It carries a large amount of transient recreational boating, as well as local recreation in the vicinity of Southport. On calm summer days the area from Southport to the mouth of the river near Bald Head Island is heavily used by all types of recreational boating. The lower Cape Fear River region is very scenic, with many miles of ocean beach, historic homes and lighthouses, and large expanses of salt marsh bordering the river. The proposed action will be low profile and should not adversely impact views from either the river or the Southport waterfront. No adverse impacts to recreation or aesthetics is anticipated. Population. North Carolina had an estimated population of 7,069,836 on July 1, 1994, an increase of 6.6 percent since 1990. The population of 6,628,637 on April 1, 1990, was an increase of 12.7 percent since the 1980 census. North Carolina is presently growing about 1.6 percent annually, and is one of the fastest growing States in the nation. 12 The area including New Hanover, Brunswick, and Pender Counties, had an estimated 1994 population of 228,000; an increase of 14 percent since 1990. While the State was growing at 1.6 percent a year, the three-county area was growing at 3.3 percent per year. Pender and Brunswick Counties have been among the fastest growing counties in the State over the last 4 years, growing at 3.6 percent per year. With this growth, alternate sites for the heronry are not available nor will they be in the future. Battery Island is the only site where this resource can be managed at such a low cost. Moreover, protection and enhancement of Battery Island will have no effect on income or employment. 4.09 Primary Nursery Areas. The most abundant nekton species in the Cape Fear River estuary are those species residing in the estuary as larvae or juveniles and using the estuary as nursery or feeding habitat. The Wilmington Harbor Channel upstream of the intersection of the Upper and Lower Lilliput reaches extends through areas designated by the North Carolina Division of Marine Fisheries as "primary nursery" areas. However, 300 yards east and west of the centerline of the main shipping channel from the intersection of the Upper and Lower Lilliput reaches to the mouth of the Brunswick River is excluded from the primary nursery area designation. From the mouth of the Brunswick River upstream, the maintained channel, turning basins, and side slopes are excluded from the primary nursery area designation. The State of North Carolina defines primary nursery areas as those areas in the estuarine system where initial post-larval development takes place. The shallow water areas adjacent to Battery Island have not been designated as primary nursery areas. No impacts to primary nursery areas are anticipated. 4.10 Archaeological/Historical Resources. The Cape Fear River has a long and active history as one of the earliest and most significant waterways in North Carolina. Several towns, plantations, and farmsteads flourished along the river, and by the mid-19th century there were over 140 named landings located along the 115 miles of river between Wilmington and Fayetteville. These landings were regularly visited by pole and steam powered barges and steamships serving farms, mills, and small industrial and commercial centers at and between Smithville (Southport), Navassa, Elizabethtown, Wilmington, and earlier Colonial towns of Brunswick Town and Livingston. Thirty-seven historic shipwrecks are listed on the 1985 National Register of Historic Places Registration addendum for the Wilmington Historic District prepared by the North Carolina Division of Archives and History (Pleasants, 1977; Lawrence, 1985). In addition, over 130 shipwrecks are known from the lower Cape Fear - Northeast Cape Fear River vicinity. With the proposed action, no excavation is anticipated. All fill material is to be placed and maintained at or landward of the proposed sandbags and/or geotubes bulkhead. No impacts to submerged cultural resources are anticipated. 13 4.11 Coastal Barrier Resources Act. Review of the "Report to Congress: Coastal Barrier Resources System," Volume 11, dated 1988, indicates that the proposed project will not impact any Coastal Barrier Resources. System (CBRS) units. 4.12 Wetlands. As indicated in Section 4.04, the majority of the 100-acre Battery Island is a tidal wetland vegetated with smooth cordgrass (Spartina alternif/ora). However, along the southern and western estaurine sandy beaches of Battery Island, no marsh exists. The area to be backfilled (landward of the sandbags and/or geotubes) is devoid of any marsh or submerged aquatics. During construction, care will be given that no wetlands will be adversely effected. No impacts to any vegetated wetlands are anticipated. 4.13 Executive Order 11988 (Flood Plain Management). No practical alternative exists to the proposed shoreline protection of Battery Island in the flood plain. The proposed activity must be constructed at or below the mean high water contour. Every effort will be taken to minimize potential harm to or within the flood plain. The action is in compliance with State/local flood plain protection standards. 4.14 Prime and Unique Agriculture Land. According to the Soil Survey of Brunswick County, North Carolina, dated November 1986, the soils on Battery Island consists of Newhan fine sand and Yaupon silty clay loam. Neither of these soils are designated by the Natural Resource Conservation Service (NRCS) as prime or unique agriculture lands. No impacts to prime and unique agriculture lands are anticipated. 4.15 Hazardous and Toxic Waste Sites. Battery Island has no history of use as industrial sites or dumps. Therefore, it is highly unlikely that any hazardous and toxic waste sites would be encountered during construction or maintenance. If any hazardous and toxic waste sites are identified during the construction of the proposed activity, response plans and remedial actions will be the responsibility of the District. No impacts are anticipated. 4.16 Air Quality. The project is in compliance with Section 176 (c) of the Clean Air Act, as amended. A conformity determination is not required for the following reasons: a. 40 CFR 93.153 (b), For Federal actions not covered by paragraph (a) of this section, a conformity determination is required for each pollutant where the total of direct and indirect emissions in a nonattainment or maintenance area caused by a Federal action would equal or exceed any of the rates in paragraphs (b) (1) or (2) of this section." Brunswick County has been designated by the State of North Carolina as an attainment area. b. No Volatile Organic Compounds (VOC's) or Nitrogen Oxides (NOX) would be produced by the proposed construction; therefore, a conformity determination would not 14 be required. Construction at the project site would take approximately 1 year and all construction equipment would be removed from the project site following construction completion. No adverse impacts are anticipated. 4.17 Executive Order 11990 (Protection of Wetlands). The recommended plan has been evaluated under Executive Order 11990, Protection of Wetlands. The work will not require the placement of dredged or fill material in any vegetated wetlands of the Cape Fear River. No impacts to wetlands are anticipated. 4.18 Executive Order 11593 (Protection and Enhancement of the Cultural Environment). The recommended plan has been evaluated under Executive Order 11593, Protection and Enhancement of the Cultural Environment. As indicated in Section 4.09, the recommended plan will not effect cultural resources. 4.19 Executive Order 12898 (Federal Actions to Address Environmental Justice in Minority Populations and Low Income Communities and Low Income Populations). No impacts to either minority/low income populations or low income communities are anticipated as a result of this activity. 4.20 North Carolina Coastal Management Program. The proposed placement of the 5,400-foot-long, 12-foot-wide, and 6-foot-high sandbags and/or geotubes along the southern and western shorelines of Battery Island and the backfilling of the bulkhead with about 24,000 cubic yards of dredged material taken from routine maintenance dredging of the Wilmington Harbor navigation channel will not cause a significant impact to the estuarine environment. No marsh or submerged aquatic vegetation will be filled as a result of this action. Within the estuarine system, no primary nursery or shellfish areas will be impacted by this proposed activity. Sediment to be placed within and landward of the sandbags and/or geotubes will be greater than 90 percent sand. Moreover, submerged cultural resources will not be impacted, since no excavation will take place. Therefore, the Wilmington District, U.S. Army Corps of Engineers, believes that the proposed action is consistent with the approved Coastal Management Program of the State of North Carolina. 4.21 Other Environmental Factors. The following factors will not be significantly affected by the proposed action: noise pollution, man-made resources, community cohesion, public facilities and services, employment, tax value, property value, community growth, regional growth, or displacement of people, and businesses or farms. 15 5.00 PUBLIC AND AGENCY INVOLVEMENT 5.01 Scoping. On January 23, 1998, the Wilmington District circulated a scoping letter for the proposed shoreline protection and enhancement of Battery Island. The purpose of the scoping letter was to solicit comments from various private, local, State, and Federal agencies on this proposal to ensure that the development of a recommended plan considers the concerns of other agencies and the public. In response to the scoping letter, the public and review agencies expressed the following major concerns: fishery resources and habitats, wetlands, short- and long-term impacts of the proposed activity, endangered/threatened species, cultural resources, and other natural resources. All concerns were considered and have been satisfied in the recommended plan. Letters were received or individuals were contacted from the agencies listed below. National Marine Fisheries Service U.S. Fish and Wildlife Service North Carolina Department of Administration North Carolina Department of Environment and Natural Resources Division of Parks and Recreation Division of Water Quality Division of Water Resources North Carolina Department of Cultural Resources North Carolina Wildlife Resources Commission North Carolina Coastal Federation National Audubon Society The Village of Bald Head Island Cape Fear Council of Governments Mr. Charles D. Young Mr. Jim Better Mr. and Mrs. John and Onie Dennis Mr. Ken Maus Mr. Hal Sharpe 5.02 Coordination of This Document. This EA and unsigned FONSI is to be furnished to the following list of concerned agencies and individuals: Federal Agencies Environmental Protection Agency National Oceanic and Atmospheric Administration Forest Service, USDA Federal Emergency Management Administration 16 Regional Environmental Officer HUD, Atlanta Regional Office Advisory Council on Historic Preservation U.S. Fish and Wildlife Service Natural Resources Conservation Service Commander, Military Ocean Terminal, Sunny Point Department of Health and Human Services National Marine Fisheries Service U.S. Department of the Interior Fifth Coast Guard District Federal Highway Administration Postmasters Conservation Groups National Wildlife Federation Capitol Group, Sierra Club Conservation Council of North Carolina. Izaac Walton League National Audubon Society North Carolina Coastal Federation North Carolina Wildlife Federation Environmental Defense Fund, Inc. State Conservationist, Sierra Club Cape Fear Group Sierra Club Cape Fear Chapter Audubon Society District Conservationist, Brunswick County State Agencies and Officials State Clearinghouse North Carolina State Ports Authority Mr. John N. Morris North Carolina Wildlife Resources Commission 17 Local Agencies North Carolina Council of Governments, Region O Brunswick County Emergency Management Brunswick County Manager CAMA Officer, Town of Southport City Manager, Southport CAMA Officer, Oak Island Town Manager, Town of Southport Village of-Bald Head Island Town of Caswell Beach Town of Yaupon Beach Town of Long Beach Director of Public Works, City of Wilmington Mayor, Town of Shallotte Town of Ocean Isle Beach Town of Sunset Beach Elected Officials Honorable Jesse Helms Honorable Dewey L. Hill Honorable Lauch Faircloth Honorable Mike McIntyre Honorable E. David Redwine Honorable R.C. Soles, Jr. Honorable Thomas E. Wright Brunswick County Commissioners Interested Groups and Individuals Dr. Vince Bellis Dr. Anne B. McCrary Mr. Ray P. Brandi Dr. Orrin Pilkey Mr. James Ferger Shallotte Broadcasting Co. Stateport Pilot Mr. Jerry Walters Mr. Peter B. Ruffin Mr. Paul Foster Mr. John B. Harvey Brunswick Beacon 18 Interested Groups and Individuals (cont'd) Wilmington Shipyard, Inc. Unocal Chemicals Mr. John A. Potter Mr. J W Willis Mr. Dwight E. Carroll Mr. Grover A. Gore Mr. Alex Malpass Mr. Odell Williamson Wilmington Industrial Development Inc. Wilmington-Cape Fear Pilots Association Mr. Ed Flynn Mr. Edward M Gore Sr. Mr. Cecil Holden Land Management Group Inc. Mr. John Hoskins Ms. Brenda R. Nichols Stevens Towing Co. Mr. John Hooten Mr. Timothy Winstead Mr. Julius C. Smith III Mr. Charles D. Young Mr. Jim Better Mr. and Mrs. John and Onie Dennis Mr. Ken Maus Libraries University of North Carolina-Chapel Hill, Wilson Library Library at Department of Natural Resources and Community Development University of North Carolina-Wilmington, Randall Library State Library of North Carolina East Carolina University, Joyner Library 19 6.00 POINT OF CONTACT Any comments or questions regarding this EA/FONSI should be sent to Mr. Hugh Heine, CESAW-TS-PE, U.S. Army Engineer District, PO Box 1890, Wilmington, North Carolina 28402-1890. Telephone contact is (910) 251-4070 or e-mail address hugh.heine@saw02.usace.army. mi1. 7.00 DRAFT FINDING OF NO SIGNIFICANT IMPACT (FONSI) No unacceptable adverse effects on water and aquatic resources, terrestrial resources, wetlands and flood plains, threatened and endangered species, cultural resources, recreational resources, recreational fishing, or socio-economic resources are expected to occur as a result of the proposed shoreline protection and enhancement of Battery Island. Based on the EA which precedes, the recommended plan will not significantly affect the quality of the human environment; therefore, this action will not be the subject of an environmental impact statement. 8.00 REFERENCES Bildstein, K. L., W. Post, P. Frederick, and J. W. Johnston. 1990. Freshwater wetlands, rainfall, and the breeding ecology of White Ibises in coastal South Carolina. Wilson Bulletin 102: 84-98. Birkhead, W.A., B.J. Copeland, and R.G. Hodson. 1979. Ecological Monitoring in the Lower Cape Fear Estuary, 1971-1976. Report 79-1 to the Carolina Power and Light Company, Raleigh, N.C. Brimley, H. H. 1928. The Battery Island rookery near Southport, North Carolina. Chat 2: 41-43. Brunswick County. 1993. Brunswick County, North Carolina, Land Use Plan. Prepared by Glen Harbeck Associates, Wilmington, NC, for the Brunswick County Planning Board. Carolina Power and Light Company (CP&L). 1980. Brunswick Steam Electric Plant, Cape Fear Studies: Interpretive Report. Carolina Power and Light Company, Raleigh, N.C. Carolina Power and Light Company (CP&L). 1994. Brunswick Steam Electric Plant, Cape Fear Studies: Interpretive Report. Carolina Power and Light Company, Raleigh, N.C. Carpenter, E.J. 1971. Annual phytoplankton cycle of the Cape Fear River Estuary, North Carolina. Chesapeake Science 12:95-104. 20 EA Engineering, Science and Technology, Inc. 1991. Lower Cape Fear Water Quality and Fisheries Literature Review, Volume 1, Final Report. Prepared for Wilmington Industrial Development, Inc. Wimington, North Carolina. EA Report No. 11747. Hackney, T.H. and S.G. Brady. 1996. Evaluation of Habitat Requirements of the Greenfield Ramshorn in Town Creek, North Carolina, and a Search for Other Populations. Report prepared for Wilmington District Corps of Engineers by the Department of Biological Sciences, UNC-W, Wilmington, NC. Johnston, J. W. and K. L. Bildstein. 1990. Dietary salt as a physiological constraint in White Ibises in an estuary. Physiological Zoology 63: 190-207. Kushlan, J. A. 1978. Feeding ecology of wading birds. Pp. 249-296 in Wading Birds (A. Sprunt, IV, J. C. Ogden, and S. Winckler, Eds.) National Audubon Society, Research Report No. 7. New York. Lautier, Jeff C. 1996. Wilmington Harbor Groundwater Study. Draft Final Report. North Carolina Department of Environment, Health, and Natural Resources, Division of Water Resources. Lawler, Matusky & Skelly Engineers. 1975. Aquatic Ecology Studies, Cape Fear River Estuary, North Carolina, September 1972 to August 1973. Appendix A of Environmental Impact Assessment of Alternatives for the Maintenance of Wilmington Harbor, North Carolina. Report for the U.S. Army Corps of Engineers, Wilmington District. Lawrence, Richard W. 1985. Underwater Archaeological Sites in the Wilmington Historical District. Addendum to the National Register of Historic Places Nomination - Inventory Form, Wilmington Historical District. Manuscript on file North Carolina Division of Archives and History, Raleigh. Moser, M. L. and S. W. Ross. 1993. Distribution and Movements of Shortnose Sturgeon (Acipenser brevirostrum) and Other Anadromous Fishes of the Lower Cape Fear River, North Carolina. Final Report to the U.S. Army Corps of Engineers, Wilmington District. May 1993. 112 pp. Moser, M.L. and S.W. Ross. 1994. Effects of Changing Current Regime and River Discharge on the Estuarine Phase of Anadromous Fish Migration. Offprint from Changes in Fluxes in Estuaries. Moser, M.L. and S.W. Ross. 1995. Habitat Use and Movements of Shortnose and Atlantic Sturgeons in the Lower Cape Fear River, North Carolina. Transactions of the American Fisheries Society 124:225-234. 1995. American Fisheries Society. 21 Nichols, P. and E. Louder. 1970. Upstream passage of anadromous fish through navigation locks and use of stream for spawning habitat, Cape Fear River, North Carolina. 1962-1966. U.S. Fish and Wildlife Service, Circ. 252. North Carolina Department of Environment, Health, and Natural Resources. 1990a. Division of Environmental Management. Administrative Code 15 NCAC 2B .0200 - Classification and Water Quality Standards Applicable to Surface Waters of North Carolina. North Carolina Department of Environment, Health, and Natural Resources. 1990b. Division of Marine Fisheries. Prohibited Area Map, Cape Fear Area. Areas B-1, B-2, B-3, B-4, and A-3. North Carolina Department of Natural Resources and Community Development. 1989. Division of Environmental Management. Administrative Code 15 NCAC 2B .0311 - Classification and Water Quality Standards Assigned to the Waters of the Cape Fear River Basin. Parnell, J. F. and D. A. McCrimmon, Jr. 1984. 1983 supplement to atlas of colonial waterbirds of North Carolina estuaries. UNC Sea Grant Publication UNC-SG-84-07. Raleigh, North Carolina. Parnell, J. F. and M. A. Shields. 1990. Management of North Carolina's colonial waterbirds. UNC Sea Grant Publication UNC-SG-90-03. Raleigh, North Carolina. Parnell, J. F. and R. F. Soots, Jr. 1979. Atlas of colonial waterbirds of North Carolina estuaries. UNC Sea Grant Publication UNC-SG-78-10. Raleigh, North Carolina. Pleasants, James A., Jr. 1977. A Brief Survey of Archival References Relating to Known Wrecks and Shipping Channel History from Wilmington to the Ocean Bar, 1624 - 1925. Manuscript on file, North Carolina Division of Archives and History, Raleigh. Ross, S.W., F.C. Rohde, and D.G. Lindquist. 1988. Endangered, Threatened, and Rare Fauna of North Carolina. Part 11. A Re-evaluation of the Marine and Estuarine Fishes. Occasional Papers of the North Carolina Biological Survey 1988-7, 20pp. Schwartz, F.J., W.T. Hogarth, and M.P. Weinstein. 1981. Marine and Freshwater Fishes of the Cape Fear Estuary, North Carolina and their Distribution in Relation to Environmental Factors. Brimleyana No. 7:17-37. July 1981. Walburg, C.H. and P.R. Nichols. 1967. Biology and Management of the American Shad and Status of the Fisheries, Atlantic Coast of the United States. 1960. U.S. Fish and Wildlife Service, Spec. Sci. Rpt. Fish. No. 550 p35-38. 22 Weinstein, M.P. 1979. Shallow marsh habitats as primary nurseries for fish and shellfish, Cape Fear River, North Carolina. Fisheries Bulletin 77(2)339-357. Woodward-Clyde Consultants. 1980. Aquatic and Terrestrial Ecology. Prepared for Brunswick Energy Company. 23 • Durham Q RALEIGH V/ N 0 R 7 H yd A R O L N A r? Haw= Uorehood City • //? Atlantic / / taa?ovl / Ocean Southport SITE s 0 5D 100 Feo SC&E h MILES 87 VICINITY MAP SOUTHPORT 'NTRACpp ?p oAK ISL "P "P "G 7ERlyA i i' o r r e y 1?,5 1( Battery ? ?-- Island BUZZARD AY orty \\ •\ D amwell \) \ j / v Q) 1 I v ?? ? /? cc ) BALD HEAD SMITH Q ISLAND -9 _ T 9 Battery Island, North Carolina Bird Habitat Preservation 1 1/2 0 1 2 SCALE IN MILES SITE LOCATION x:\dpn\nhc\bateryis.d®n i N.tlT/ D .n 1 _ r _ 1 _ r _ r r 1 _ r _r / N.SI 1 M.l1 1 N.{T / / r 1 / 7s - r - a3{:So 1 p•a{ p.1{ 1n{ p?IT / -mhw r - r r ?- • .u BATTERY ISLAND a1 'o i. _ r ? r ayw r _ 1; - i - r _ r _r r - r - 1 O 400 200 0 400 800 SCALE IN FEET Battery Island, North Carolina Bird Habitat Preservation SANDBAG / GEOTUBE PLACEMENT (PLAN VIEW) &.M --rW - 6 SANDBAG /GEOTUBE : : MHW ... ..:: ........ •:.. ,, ?, . , rys. C; ................................................ MSL Z --------------= ------------------ p ------ ---- DREDGED MATERIAL MLW ... : • : J W -2 ................ ;... ................ . .. ..... ......... EXISTING GROUND -4 -6L SECTION A-A TYPICAL CROSS-SECTION (NORTHWEST BEACH) 6 6 EXISTING GROUND MHW J a SANDBAG /GEOTUBE 2 ............................................ ...... R ?s p ------------------ W J -2 DREDGED MATERIAL ----------? MSL_. .......... ............................. MLW -a -6 SECTION B-B TYPICAL CROSS-SECTION (SOUTHWEST BEACH) Figure 4. Sandbag / Geotube Placement ATTACHMENT A SHORELINE PROTECTION AND ENHANCEMENT OF BATTERY ISLAND EVALUATION OF SECTION 404 (b) (1) GUIDELINES 40 CFR 230 An evaluation of the placement of fill material into waters and wetlands of the United States include the standard form. ATTACHMENT A SHORELINE PROTECTION AND ENHANCEMENT OF BATTERY ISLAND EVALUATION OF SECTION 404 (b) (1) GUIDELINES 40 CFR 230 Section 404 Public Notice No. CESAW-TS-PE-98-10-0009 11 May 1998 1. Review of Compliance (230.10(a)-(d)) Preliminary 1/ Final 2/ A review of the NEPA Document indicates that: a. The discharge represents the least environmentally damaging practicable alternative and if in a special aquatic site, the activity associated with the discharge must have direct access or proximity to, or be located in the aquatic ecosystem to fulfill its basic purpose (if no, see section 2 and NEPA document); YESIXI N01_1* YESIXI N01_1 b. The activity does not: 1) violate applicable State water quality standards or effluent standards prohibited under Section 307 of the CWA; 2) jeopardize the existence of federally listed endangered or threatened species or their habitat; and 3) violate requirements of any federally designated marine sanctuary (if no, see section 2b and check responses from resource and water quality certifying agencies); YESIXI N01_1* YESIXI N01_1 c. The activity will not cause or contribute to significant degradation of waters of the U.S. including adverse effects on human health, life stages of organisms dependent on the aquatic ecosystem, ecosystem diversity, productivity and stability, and recreational, aesthetic, and economic values (if no, see section 2); YESIXI N01_1* YESIXI N01_1 d. Appropriate and practicable steps have been taken to minimize potential adverse impacts of the discharge on the aquatic ecosystem (if no, see section 5). Proceed to Section 2 See page 6. YESIXI N01_1* YESIXI N01_1 2. Technical Evaluation Factors (Subparts C-F) N/A a. Physical and Chemical Characteristics of the Aquatic Ecosystem (Subpart C) (1) Substrate impacts. (2) Suspended particulates/turbidity impacts. (3) Water column impacts. (4) Alteration of current patterns and water circulation. (5) Alteration of normal water fluctuations/hydroperiod. (6) Alteration of salinity gradients. b. Biological Characteristics of the Aquatic Ecosystem (Subpart D) (1) Effect on threatened/endangered species and their habitat. (2) Effect on the aquatic food web. (3) Effect on other wildlife (mammals, birds, reptiles, and amphibians). c. Special Aquatic Sites (Subpart E) (1) Sanctuaries and refuges. (2) Wetlands. (3) Mud flats. (4) Vegetated shallows. (5) Coral reefs. (6) Riffle and pool complexes. d. Human Use Characteristics (Subpart F) Not Signifi- Signifi- cant cant* I I X I I I I I I I I X I I I X I I I I I I I I X I i I X I I I I I I NA I I I I I I I I X I I I i X I I I I I I I X I I NA I I I I X I I i X I I NA I I I NA I I I NA I I I (1) Effects on municipal and private water supplies. (2) Recreational and commercial fisheries impacts. (3) Effects on water-related recreation (4) Aesthetic impacts. (5) Effects on parks, national and historical monuments, national seashores, wilderness areas, research sites, and similar preserves. I I NA 1 I I I I I I I I I X I I NA I ( I NA I I I I I I I I I I i I I I I NA I I I I I I I Remarks: Where a check is placed under the significant category, preparer add explanation below. Proceed to Section 3 *See page 6. A A-2 3. Evaluation of Dredged or Fill Material (Subpart G) 3/ a. The following information has been considered in evaluating the biological availability of possible contaminants in dredged or fill material. (Check only those appropriate.) (1) Physical characteristics . . . . . . . . . . . . . . . . . . . . . IXI (2) Hydrography in relation to known or anticipated _ sources of contaminants . . . . . . . . . . . . . . . . . . . . . I X I (3) Results from previous testing of the material or similar material in _ the vicinity of the project . . . . . . . . . . . . . . . . . . . I_I (4) Known, significant sources of persistent pesticides from _ land runoff or percolation . . . . . . . . . . . . . . . . . . . . I_I (5) Spill records for petroleum products or designated (Section 311 of CWA) _ hazardous substances . . . . . . . . . . . . . . . . . . . . . I _I (6) Other public records of significant introduction of contaminants from industries, municipalities, or other sources . . . . I_I (7) Known existence of substantial material deposits of substances which could be released in harmful quantities to the aquatic environment by man-induced discharge activities . . . . . . . . . . . . . . . . . I_I (8) other sources (specify) . . . . . . . . . . . . . . . . . . . . . I_I List appropriate references. Reference: Environmental Assessment and Draft Finding of No Si gnificant Impact, Shoreline Protection and Enhancement of Battery Island in the Cape Fear River, Southport, Brunswick County, North Carolina, dated April 1998. b. An evaluation of the appropriate information in 3a above indicates that there is reason to believe the proposed dredge or fill material is not a carrier of contaminants, or that levels of contaminants are sub- stantively similar at extraction and disposal sites and not likely to result in degradation of the disposal site. _ The material meets the testing exclusion criteria. YES I}tl NO 1_1* Proceed to Section 4 see page 6. A-3 4. nDisposa Site Determinations (230.11(f)). a. The following factors as appropriate, have been considered in evaluating the disposal site. (1) Depth of water at disposal site . . . . . . . . . . . . . . . . . Ix_I (2) Current velocity, direction, and " variability at disposal site . . . . . . . . . . . . . . . . . . . I X I (3) Degree of turbulence . . . . . . . . . . . . . . . . . . . . I X I (4) Water column stratification . . . . . . . . . . . . . . . . . . . IXI (5) Discharge vessel speed and direction . . . . . . . . . . . . . . . IXI (6) Rate of discharge . . . . . . . . . . . . . . . . . . . . . . . . IXI (7) Dredged material characteristics (constituents, amount and type of material, settling velocities) . . . . . . . . . . . . . . . . . IXI (8) Number of discharges per unit of time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IXI (9) Other factors affecting rates and patterns of mixing (specify) List appropriate references. Reference: Environmental Assessment and Draft Finding of No Significant Impact, Shoreline Protection and Enhancement of Battery Island in the Cape Fear River, Southport, Brunswick County, North Carolina, dated April 1998. b. An evaluation of the appropriate factors in 4a above indicates that the disposal site _ and/or size of mixing zone are acceptable. YES IXI NO I_I* 5. Actions to Minimize Adverse Effects (Subpart H). All appropriate and practicable steps have been taken, through application of recommendations of 230.70-230.77, to ensure minimal adverse effects of the proposed discharge. List actions taken YES IXI NO I_I* For water quality see Section 4.01 of the EA. For benthos see Section 4.07 of the EA. For fisheries see Section 4.07 of the EA. For threatened and endangered species see Section 4.06 of the EA. Return to section 1 for final stage of compliance review._ See also note 3/, page 3. *See page 6. A-4 6. Factual Determinations (230.11). A review of appropriate information as identified in items 2-5 above indicates that there is minimal potential for short- or long-term environmental effects of the proposed discharge as related to: a. Physical substrate at the disposal site _ (review sections 2a, 3, 4, and 5) . . . . . . . . . . YES IXI b. Water circulation, fluctuation, and salinity _ (review sections 2a, 3, 4, and 5) . . . . . . . . . . . YES IXI C. Suspended particulates/turbidity _ (review sections 2a, 3, 4, and 5) . . . . . . . . . . YES IXI d. Contaminant availability _ (review sections 2a, 3, and 4) . . . . . . . . . . . . . YES IXI e. Aquatic ecosystem structure and function _ (review sections 2b and c, 3, and 5). . . . . . . . . . YES IXI f. Disposal site (review sections 2, 4, and 5) . . . . . . . . . . . . . YES IXI g. Cumulative impact on the aquatic _ ecosyem . . . . . . . . . . . . . . . . . . . . . . . . YES I X I h. Secondary impacts on the aquatic _ ecosystem . . . . . . . . . . . . . . . . . . . . . . . YES I X I 7. Findinas. a. The proposed disposal site for discharge of dredged or fill material complies with the Section 404(b)(1) guidelines . . . . . . . . . . . . . . . . . b. The proposed disposal site for discharge of dredged or fill material complies with the Section 404(b)(1) guidelines with the inclusion of the following conditions: . . . . . . . . . . . . *See page 6. C. The proposed disposal site for discharge of dredged or fill material does not comply with the Section 404(b)(1) guidelines for the following reasons(s): (1) There is a less damaging practicable alternative. I NO I_I* NO I_I* NO I_I* NO I_I* NO I_f* NO I_I* NO I_I* NO I_i* . IXI A-5 (2) The proposed discharge will result in significant _ degradation of the aquatic ecosystem . . . . . . . . . . . . . . . I_I (3) The proposed discharge does not include all practicable and appropriate measures to minimize _ potential harm to the aquatic ecosystem . . . . . . . . . . . . . . 8. 1 v C. E. SHUFORD, JR _ P ?J TERR R. U BLUTH ` l Chief, Technical Services Division COL, EN Q, Comman ngg?' Date: Date: *A negative, significant, or unknown response indicates that the permit application may not be in compliance with the Section 404(b)(1) Guidelines. 1/ Negative responses to three or more of the compliance criteria at this stage indicate that the proposed projects may not be evaluated using this "short form procedure." Care should be used in assessing pertinent portions of the technical information of items 2 a-d, before completing the final review of compliance. 2/ Negative response to one of the compliance criteria at this stage indicates that the proposed project does not comply with the guidelines. If the economics of navigation and anchorage of Section 404(b)(2) are to be evaluated in the decision-making process, the "short form evaluation process is inappropriate." 3/ If the dredged or fill material cannot be excluded from individual testing, the "short-form" evaluation process is inappropriate. 1 A-6 February 9, 1998 MEMORANDUM TO: Michelle Suverkrubbe THROUGH: John Dome FROM: Eric Fleet( SUBJECT: Battery Island Bird Preserve Beach Restoration/Stabilization (Scoping Letter Comments) (DENR# 98-0466, DWQ# 11941) Based on a review of the January 23, 1998 scoping letter regarding the preservation and stabilization of Battery Island the 401/Wetland Group offer the following comments: 1) The project (as detailed in the letter) proposes to install rock riprap, geo-tubes, treated wood, or sheet piling bulkheads along the Battery Island shoreline and then backfill landward of these structures with an estimated restored area of 5.7 acres. DWQ will require information regarding the current state of these eroded areas (i.e., are they now coastal marsh?, are they SAVs?, are they shallow water?, are there shellfish in these areas?, etc...). These qn stions must be addressed in future correspondences. 2) If there are habitat types as discussed above, then DWQ would likely require minimization/avoidance measures to be taken. For instance is all 5.7 acres of nesting habitat to be restored necessary to maintain current or past levels of birds? Would less than 5.7 acres of restoration still accomplish the same goal? Would stabilizing the island at its current areal extent (without restoration) still support a vigorous avian community similar to pre-erosion levels? Data demonstrating a decline in population and/or recruitment of nesting (and non-nesting) birds related to the loss of the 60 feet of shoreline (and - the corresponding loss of nest-supporting red cedars/ yaupons) would be extremely useful. 3) Since Battery Island is a Bird Preservation/Nature Reserve, DWQ would recommend the use of bioengineering practices as much as possible for the stabilization/restoration efforts to maintain continuity and consistency with the Island's natural heritage. If there are any questions regarding this matter, please feel free to call at (919) 733-1786. Environmental Review Tracking Sheet DWQ - Water Quality Section Date: I / Z- 11-0-MEMORANDUM TO: Env. Sciences Branch (WQ Lab) O Trish MacPherson (end. sps) O Kathy Herring (foresdORW/HQW) O Larry Ausley (ecosystems) O Matt Mathews (toxicology) O Jay Sauber (intensive survey) Non-Discharge Branch (Archdale 9th) O Kim Colson (Permitting) Wetlands (WQ Lab) O John Dorney (Corps, 401) O Cyndi Bell (DOT) O Eric Galamb RY'Fric Fleek lw? Regional Water Quality Supervisors O Asheville O Mooresville O Washington O Fayetteville O Raleigh O Wilmington O Winston -Salem Plannine Branch (Archdale 6th) O Alan Clark (basinwide planning) O Boyd DeVane (classifications & standards) O Beth McGee (management planning) O Steve Zoufaly (reclassifications) O Ruth Swanek (modeling) (Archdale 9th) Point Source Branch (Archdale 9th) O Dave Goodrich (NPDES) O O Bradley Bennett (Stormwater) O O Tom Poe (Pretreatment) (Archdale 7th) O FROM: Michelle Suverkrubbe, Regional / Program Management Coordination Branch GD PROJECT: DENR # ?& -0g6( DWQ # ll g gl r:qAL Reg 1Vrg. gmt Coordination Branch O Ed Buchen (Archdale 9th) O Brent McDonald (Archdale 12th) x 12eho"o Attached is a copy of the above document. Subject to the requirements of the North Carolina Environmental Policy Act, you are being asked to review the document for potential significant impacts to the environment, especially pertinent to your jurisdiction, level of expertise or permit authority. Please check the appropriate box below and return this form to me along with your written comments, if any, by the date indicated. RESPONSE DEADLINE: NO COMMENT COMMENTS ATTACHED Name: Date: J I Thank you for your assistance. Suggestions for streamlining this process are greatly appreciated! Notes: I can be reached at: phone: (919) 733-5083, ext. 567 fax: (919) 715-5637 e-mail: mchelle@dem.ehnr.state.nc.us misAcircmemo - mac version r f DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO January 23, 1998 Environmental Resources Section RECEIVED' AN 2 6 1998 N.O. STATE CLEARINGHOUSE Dear Madam or Sir: We are conducting studies for the preparation of an Environmental Assessment (EA) for the proposed restoration and preservation of the bird habitat on Battery Island, near Southport, Brunswick County, North Carolina. Battery Island (see figure 1) is located in the Cape Fear River, approximately 0.5 mile east of Southport and 24 miles south of Wilmington, North Carolina. Battery Island is adjacent to the navigation channel and is approximately 100 acres in total area. Two upland bird nesting areas exist (see figure 2). The North Colony," area is approximately 3 acres and is vegetatived with live oak (Quercus.virginiana), yaupon (ilex vomitoria), red cedar (Juniperus virginiana) and marsh elder (Iva frutescens). The "South Colony," area is approximately 7 acres and is vegetatived with red cedar, yaupon, marsh elder, Hercules club (Xanthoxylum clava-herculis), black cherry (Prunus serotina), and white mulberry (Morus alba). The remainder of the island is saltmarsh dominated by cordgrass (Spartina alterniflora). The North Colony is natural but appears to have been modified in the past by placement of dredged material. The South Colony was created by undiked deposition of dredged material. The island has not received any dredged material in at least 25 years. . Battery Island is widely recognized as an avian landmark and is considered to be the largest heronry in North Carolina. Located in the lower Cape Fear River, east of Southport, this island is a haven for birds throughout the year, but it is most noted for the long-legged waders that occupy the island during the spring and summer months. Each spring, thousands of wading birds (herons, egrets, and ibises) gather on the island to nest and to raise their young. This annual rite of spring has taken place since at least 1928, when wading birds were first reported nesting on the island. Battery Island is the only nesting site within 100 miles (between Bogue Sound, North Carolina, and the North Carolina/South Carolina State line) that is capable of supporting such a e -2- large colony of wading birds. Moreover, the island supports ten species of wading birds, three of which are state-listed as "species of special concern"-- little blue.heron, snowy egret, and glossy ibis. In addition, Battery Island supports over 90 percent of North Carolina's nesting white ibises. Battery Island is owned by the State of North Carolina. Since 1992, the National Audubon Society has a long-term (50-year) lease on this site and maintains it as a sanctuary. Battery Island is a protected Colonial Waterbird Management Site. The island is posted off-limits to all visitors from March 1 to September 1 and is patrolled throughout the year. At other times of the year, activities that would jeopardize the nesting habitat are prohibited (i.e., fires, camping, cutting or removal of vegetation, etc.). In recent years, Battery Island's southern and western shorelines have experienced severe erosion. It is estimated that up to 60 feet of the southern and western shorelines of the island have been lost in the past 5 years (since about 1993). This equates to an average rate of erosion of about 12 feet per year. The erosion has already claimed red cedars and yaupons that once supported nesting wading birds, and other areas are threatened. Moreover, erosion has also claimed most of the beach where oystercatchers once nested. Stabilization of Battery Island's shoreline is necessary to prevent the further loss of this valuable bird nesting habitat. With the cooperation of the National Audubon Society, the Wilmington District, U.S. Army Corps of Engineers, and the North Carolina Department of Environment and Natural Resources, Division of Water Resources, are planning to stabilize and to restore the western and southern shorelines of Battery Island to its condition prior to 1993. Methods of stabilization may include (but not limited to) the construction and/or installation of rock riprap, geo-tubes (large sand bags), treated wood, or sheet piling bulkheads (see figure 2). Once the retaining wall has been constructed, the area landward of the wall will be backfilled. The project may restore up to 5.7 acres of valuable colonial bird nesting habitat. 00 ,C;. ??f("M r ° We are requesting comments from agencies, interest groups, and the public to identif si nificant resources issues of concern and recommendations for studies Y g , considered necessary. Comments received, as a result of this scoping letter, will be considered as we conduct our studies and identify potential impacts on environmental quality. These items will be addressed, as needed, in the EA. -3- Significant resources which may be affected by the proposed project may include historic resources, recreational and esthetic resources, endangered and threatened species, fish and wildlife resources, water quality, and estuarine and upland habitats. These resources will be considered during the National Environmental Policy Act (NEPA) process. No formal scoping meetings are planned at this time. However, based on the responses received, scoping meetings may be held with specific agencies or individuals as required. We request that you provide written comments on any of these matters within 30 days from the date of this letter. Comments should be addressed to Mr. Hugh Heine, U.S. Army Corps of Engineers, Wilmington District, Post Office Box 1890, Wilmington, North Carolina 28402-1890. If you have any questions, please contact Mr. Heine at (910) 251-4070 or e-mail address hugh.heine@saw02.usace.army. mi1. Sincerely, W. - &AA, W. Coleman Long Chief, Planning and Environmental Branch Enclosures r 87 3 V R 'J 87 SOUTHPORT T?ANT/C /NTgACOq i i ? / ? ----Y.A' ----------- . ojt? O RXM d N O R T H 910 A R O L I N A . r H= Yordeoa city' AElanEic + ocean SITE a ao m SCALE & 'aM VICINITY MAP I-- ?p a r a qW4 i cr 1 1 it Battery Island oAk ISLANc .»an 11 II ` 11 BALD HEAD SMITH ISLAND Battery Island, North Carolina Bird Habitat Preservation 1 I/2 0 1 2 SCALE IN MILES ZARD AY v 0 U LQ Q T? ?-v-A SITE LOCATION gn\nhc\Dateryia.dgn F ?-r.. , ? Q z Q a a ca , F a as W a w