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HomeMy WebLinkAboutTown of KDH bio March 30, 2021 Mr. Brad Rosov Coastal Protection Engineering of NC, Inc. 4038 Masonboro Loop Road Wilmington, NC 28409 Dear Mr. Rosov: The Division of Coastal Management hereby acknowledges receipt of your application, acting as agent for the Town of Kill Devil Hills, for State approval to authorize the Town’s beach nourishment permit from 3522 Virginia Dare Trail to the Prospect Ave. beach access in Kill Devil Hills, Dare County, and adjacent to the Atlantic Ocean. It was received as complete on 2/16/21 and appears to be adequate for processing at this time. The projected deadline for making a decision is 5/2/21. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from 2/16/21 you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the applicant and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post copies of this notice at a conspicuous point along the project area where it can be observed by the public. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, Heather Coats Beach & Inlet Management Project Coordinator cc: MHC Files, DCM Debora Diaz, Town of Kill Devil Hills Josh Pelletier, COE Chris Pullinger, DWR DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT l. APPLICANT’S NAME: Town of Kill Devil Hills 2. LOCATION OF PROJECT SITE: The project site is located in Kill Devil Hills, from 3522 N. Virginia Dare Trail to the Prospect Ave. beach access in Kill Devil Hills, Dare County. Approximate State Plane Coordinates – Approx. Lat: 36° 3'26.47" N (start)/ 36° 1'21.00" N (end) Long: 75°41'1.41" W (start)/ 75°39'36.69" W (end) 3. INVESTIGATION TYPE: CAMA / D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit – 3/5/21 Was Applicant Present – No 5. PROCESSING PROCEDURE: Application Received (complete) –2/16/21 Office – Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan – Town of Kill Devil Hills (B) AEC(s) Involved: OH, PTA, EW (C) Water Dependent: Yes (D) Intended Use: Public (E) Wastewater Treatment: Existing – Private septic Planned - N/A (F) Type of Structures: Existing – Primarily residential structures and accessways Planned – Beach renourishment project (G) Estimated Annual Rate of Erosion: ~0’-4.3’/year SBF: 2-4’/year 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (coastal) (B) Other (Below MHW) Up to 1173 acres ~ 83.68 acres (C) Other (Above MHW) ~39.62 acres (H) Total Area Disturbed: ~123.3 acres of beach fill/Up to 1173 acres of excavation Primary Nursery Area: No (I) Water Classification: SB Open: No 8. PROJECT SUMMARY: The applicant is requesting reauthorization of the Town’s beach nourishment project to include approximately 14,464’ of shoreline from 3522 N. Virginia Dare Trail to the Prospect Ave. beach access. Town of Kill Devil Hills Beach Nourishment Page Two 9. PROJECT DESCRIPTION: The Town of Kill Devil Hills is an east facing beach in the northern Outer Banks in Dare County with the Town of Kitty Hawk to the north, and the Town of Nags Head to the south. The Town of Kill Devil Hills is approximately 3 miles in total length. It is also bordered by Currituck Sound to the west and the Atlantic Ocean to the east. A State CAMA/Dredge & Fill Permit (No. 134-15) was issued to the Town for beach nourishment in 2015 (SAW-2014-02203; and DWR Project #04-0393 v2). The project was constructed in 2017 and placed approximately 817,359 cubic yards of material along the Town’s beachfront. The long-term erosion rate for the proposed project area ranges from approximately 0-4.3’/year. The Division’s calculated 100-year storm recession line for the island is predicted to be 25’. In the 2015 permit application, the permittee identified two borrow sites located off the island, ~1173 acres and ~354 acres, referred to as Borrow Area A and Borrow Area C, respectively. Sediments collected via Vibracore samples within Borrow Area A were calculated at a composite mean grain size of 0.36mm. Gravel sized material (≥4.76mm) was reported at a weighted average composition of 0.52% with granular material calculated at 1.48% and fines (<0.0625 mm) content at 0.83% overall. Calcium carbonate was calculated at 1%. No archeological resources were identified in the borrow area. Dredge depth was authorized at varying elevations ranging from -58.5’ to -68’ NAVD 88. It was estimated that the Borrow Area A contained up to 17.35 Mcy of beach-compatible material. Borrow Area C was also determined to contain up to 2.05 Mcy of compatible material. The previously permitted placement area extended from Kitty Hawk south to a taper point just north of the Prospect Ave. beach access (14,464 linear feet). The beach fill template included berm fill to an elevation of +6’ NAVD 88 with a 15:1 slope out to tie into existing grade from approximately -10’ to -12’ NAVD 88. Dune construction was also proposed with the engineered dune construction to tie into a maximum elevation of +15’ NAVD88, with a typical dune crest of 20’ in width. The project narrative stated that dune planting and sand fencing was also proposed with sand fencing to be placed at the toe of the newly constructed “dune”. An anticipated fill placement volume of approximately 913,000 cubic yards was calculated in the application, which included additional “ advance fill” to achieve a 5-year design life. At time of construction, 817,359 cubic yards was placed on the beach. The native beach was previously characterized with fines calculated at 1%, and a mean grain size of 0.33 mm. Calcium carbonate was estimated at 2% and gravel and granular material was estimated at 2% and ~4%, respectively. The count of shell and rock material greater than 3” in size was determined to number 25 clasts for a 50,000 square foot area. The waters in the project area fall within the Pasquotank River Basin, as classified by the NC Division of Water Resources (DWR). The waters of the Atlantic Ocean are classified as SB by the DWR. The NC Division of Marine Fisheries has NOT designated any of the areas to be impacted as a Primary Nursery Area, and there are no foreseen significant impacts to shellfish resources at this time. Town of Kill Devil Hills Beach Nourishment Page Three PROPOSED PROJECT: The applicant is proposing to reauthorize the limits of the previously permitted beach nourishment for the Town of Kill Devil Hills. The project site extends along 2.73 miles of shoreline from 3522 N. Virginia Dare Trail to the Prospect Avenue beach access. A multi-agency scoping meeting was held with the applicant’s consultant and the various resource agencies on April 29, 2020. The beach berm would be filled to an elevation of +6’ NAVD 88 with a 15: 1 slope out to tie into existing grade from approximately-8’ to -12’ NAVD 88. The berm would be constructed at a variable width ranging from 18.5’ to 148.2’. Repair of the previously constructed engineered dune, which is located immediately waterward of the existing frontal dune, is proposed in keeping with an elevation of +15’ NAVD 88 with a maximum 20’ crest and 5:1 slope down to the +6’ berm elevation. Note that the proposed engineered dune as shown retains the same design as the previously permitted project and it is the intent of the applicant to evaluate the condition of the dune prior to construction and only repair areas of erosion in keeping with the original template (see p. 13 of the narrative). As proposed, a gross excavated volume of up to 848,735 cubic yards of sand is calculated as the volume needed to construct the template along with the advance fill designed to achieve another 5-year design life, given current conditions. However, the applicant has indicated that additional excavation could be needed for dredge losses and future storm erosion, and therefore up to 1,273,103 cubic yards of excavation is requested to account for these potential losses. It is currently estimated that 83.68 acres would be filled below MHW. Approximately 39.62 acres of beach fill material would be placed above the MHW line. A limited amount of sand fencing is also proposed. The narrative states that sand fencing would only be installed along areas where the dune has eroded and needs repair and will generally be installed in accordance with the conditions of the exemption for sand fencing (15A NCAC 07K. 0212). The narrative further states that if the Town instead opts to install sand fencing in excess of the requirements of the exemption [in accordance with 15A 07H .0311(c)], they will apply for a permit modification to allow additional review and will agree to conduct such work after October 31. Dune vegetation planting of American Beachgrass, Sea Oats and Bitter panicum would follow a similar plan to the 2017 project (see page 13 of the narrative). Staging of construction equipment and materials has been identified at three locations: Helga Street (0.54 acres), 5th Street (0.02 acres), and Asheville Drive (0.04 acres). These locations would also include associated beach access corridors and the applicant states that no impervious surfaces or alteration to the dunes will be required. The applicant is proposing to use the remaining material from the Borrow Area A site. The 1173-acre borrow area is located approximately 6 miles offshore of the Kill Devil Hills shoreline and is currently estimated to contain approximately 12.8 million cubic yards of material, based on a November 2017 survey performed by TI Coastal, Inc. The Town’s proposed borrow area remains divided into several zones of varying depth, with no proposed overdredge allowance, but an additional 2’ “area of disturbance” is indicated. The applicant’s consultant has indicated that no material would be excavated from this area, but evidence of disturbance could be evident due to mechanical constraints. Proposed excavation depths remain between -58.5’ to -68’ NAVD 88. As previously stated, vibracores originally taken from the proposed Borrow Area A show a mean grain size of 0.36 mm with an average composite sand content of 97.2%. The average composite gravel content for material within proposed dredge depths Town of Kill Devil Hills Beach Nourishment Page Four in this borrow area is 0.52%, the average granular content of 1.48%, average fines content is 0.83% and average calcium carbonate is 1%. While the applicant states there is adequate volume remaining in the undredged portions of the borrow area, to allow the contractor the maximum flexibility in using the borrow area, t he applicant has also agreed to conduct updated bathymetric surveys and sediment sampling for the previously dredged portions (Cuts A1, A2, A6 & A7), as stated in Section 2.1.4 (page 19) of the narrative. No cultural resources were confirmed in the borrow area during the archeological investigation previously performed and included in the 2015 application for Borrow Area A, but 4 potentially significant magnetic anomalies were identified and remain excluded from the dredge area with 3 buffer areas (see Sheet 9 of 10/Appendix A/application drawings and Appendix B). Dredging would be conducted via a cutterhead dredge, a hopper dredge, or a combination of the two methodologies. Construction is proposed year-round due to weather-related constraints. The narrative states that based on production rates for the last project, project construction is anticipated to take 2.5 months if it were built out independently; however, it is expected that the project will be bid and constructed with the 3 other northern Dare County beach projects, in which case construction time is estimated at 5 months. Mitigation and monitoring measures to account for work outside of the environmental window are proposed, similar to the original permit conditions, as described in the narrative. 10. ANTICIPATED IMPACTS The proposed dredging associated with the project would result in impacts to up to 1173 acres of submerged bottom at Borrow Area A. The project would result in the fill of approximately 39.62 acres of upper beach (above MHW) and would fill approximately 83.68 acres of intertidal area and nearshore shallow bottom. The dredging and beach fill would result in temporary increases in turbidity. Temporary impacts to benthic and invertebrate infaunal communities can be expected. The applicant states they propose to dredge year-round due to weather constraints, and have proposed mitigative measures as outlined in the narrative and anticipate permit conditions similar to the original permit. The applicant has committed to utilizing existing beach accessways with heavy equipment to minimize impacts to the dunes. Any permit issued for the project would be contingent on the finding that dredged material is beach compatible and consistent with the sediment criteria requirements outlined in 15A NCAC 07H .0312. Submitted by: Heather Coats Date: March 22, 2021 Office: Wilmington