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HomeMy WebLinkAboutTown of Southern Shores 2021 bio. final May 20, 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 Southern Shores, for State approval to authorize the Town’s beach nourishment permit, spanning the entire Southern Shores oceanfront shoreline, and including two 1000’ tapers into Duck and Kitty Hawk, in Dare County, and adjacent to the Atlantic Ocean. It was received as complete on 4/23/21 and appears to be adequate for processing at this time. The projected deadline for making a decision is 7/7/21. 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 4/23/21 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 Cliff Ogburn, Town of Southern Shores Josh Pelletier, COE Chris Pullinger, DWR DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT l. APPLICANT’S NAME: Town of Southern Shores 2. LOCATION OF PROJECT SITE: The project site is located along the entire oceanfront shoreline in Southern Shores, and includes two potential 1000’ tapers into both Duck and Kitty Hawk, Dare County. Approximate State Plane Coordinates – Approx. Lat 36° 8'28.05"N (start)/ 36°5'56.78" N (end) Long: 75°43'56.86"W (start)/ 75°42'36.02" 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) –4/23/21 Office – Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan – Town of Southern Shores (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: ~0-1’/year SBF: 2’/year 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (coastal) (B) Other (Below MHW) Up to 1173 acres ~ 110.4 acres (C) Other (Above MHW) ~45.7 acres (H) Total Area Disturbed: ~156.1 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 authorization of the Town’s beach nourishment project to include approximately 21,625’ of shoreline that spans the entire shoreline of Southern Shores and to include possible 1000’ tapers into both town jurisdictions of Duck and Kitty Hawk. Town of Southern Shores Beach Nourishment Page Two 9. PROJECT DESCRIPTION: The Town of Southern Shores has an east facing beach in the northern Outer Banks in Dare County with the Town of Duck to the north, and the Town of Kitty Hawk to the south. The Town of Southern Shores is approximately 3.7 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. 59-17) was issued the Town of Southern Shores to include beach nourishment in the Town’s limits in 2017. This was coordinated and issued after the other permits were issued to the Towns of Duck, Kitty Hawk, and Kill Devil Hills. A modification of the Town of Kitty Hawk’s U.S. Army Corps of Engineers permit was issued to authorize the work (SAW-2014-02204); and the project was authorized under DWR Project #15-0460 v2. The project was constructed as a joint project for the four towns in 2017. The main fill area for Southern Shores extended from the southern border with Kitty Hawk north 1,500’ with an additional ~1000’ taper to the north (2,508’ total). The state’s CAMA/D&F permit expired on December 31. 2020. The long-term erosion rate for the proposed project area ranges from approximately 0-1’/year. The Division’s calculated 100-year storm recession line for the Town is predicted to be 25-35’. In the 2017 permit application, two borrow sites were identified, ~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 beach fill template included a variable width berm ranging from 100’-160’ constructed to an elevation of +6’ NAVD 88, with a 15:1 slope to tie into existing grade around approximately -7’ NAVD 88. The project narrative indicated that dune repair and “reshaping” would also take place as needed along the entire project area where there was significant scarping, and at an elevation no higher than 23.4’ NAVD 88, although a design template was not shown on the plans. An anticipated fill placement volume of approximately 80,000 cubic yards was calculated in the application, with up 96,000 cubic yards indicated to be dredged to account for dredge losses. The native beach was previously characterized with fines calculated at 1.23%, and a mean grain size of 0.44 mm. Calcium carbonate was estimated at 3% and gravel and granular material was estimated at 2.18% and ~6.06%, respectively. 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 Southern Shores Beach Nourishment Page Three PROPOSED PROJECT: The applicant is proposing to expand the limits of the previously permitted beach nourishment for the Town of Southern Shores. The project site extends along approximately 4.1 miles (21,625’) of shoreline, which includes two potential 1000’ tapers extending into both the Town of Duck and into Kitty Hawk in case the adjacent towns do not construct their projects at the same time. Approval from the two adjacent towns has been submitted for the two tapers. A multi-agency scoping meeting was held with the applicant’s consultant and the various resource agencies on April 29, 2020. A pre-filing meeting request was also submitted to DWR on March 19, 2021. 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 -5’ to -11.5’ NAVD 88. The berm would be constructed at a variable width- ranging from approximately 28’ to 97’ in width. The applicant is proposing to construct an engineered dune along the southern end of this project, with the proposed dune construction at an elevation of +15’ NAVD and 24’ crest width, with a 4:1 slope down to the +6’ berm elevation. Dune construction would terminate around Station 157+00 and to the north would be constructed and berm only. As proposed, a gross excavated volume of up to 1,216,208 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 1,824,312 cubic yards of excavation is requested to account for these potential losses. It is currently estimated that 4,809,633 square feet (110.4 acres) would be filled below MHW. Approximately 1,989,007 square feet (45.7 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 generally be installed in accordance with the conditions of the exemption for sand fencing in 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 would apply for a permit modification to allow additional review and will agree to conduct such work after October 31 and limit sand fencing to the face of the constructed dune. Staging of construction equipment and materials along with beach access has been identified at four primary locations: Byrd Street has an existing paved parking lot, and two additional staging areas are located near Hillcrest Drive within a grassy area and volleyball court. These three locations would also include associated beach access corridors and the applicant states that no impervious surfaces will be required. An additional vehicle access is shown just north of the Kitty Hawk pier adjacent to the public parking lot at the Hilton Garden Inn at the town limits of Southern Shores/Kitty Hawk. The application further states that no alteration to dunes will be required for the beach access corridors. The applicant is proposing to use the remaining material from the Borrow Area A site. The 1173-acre borrow area is located approximately 11 miles off the Southern Shores 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 Town of Southern Shores Beach Nourishment Page Four 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 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% (based on past characterization). 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, the 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. The native beach was recharacterized to include the entire extent of the expanded project area. Five additional transects have been included in addition to the original transect from the previous project. Mean grain size for the native beach was determined to be 0.44mm. Fines content (material <0.0625mm) was calculated at 1.23%, with gravel material (> 4.76 mm) at 2.18% and granular content (<4.76 mm and >2mm) at 6.16%. Composite calcium carbonate was calculated at 3%. Clast material of both rock and shell over 3” in diameter was also counted along an area of 10,000 square feet at each of the 5 new transects. A total of 65 clasts were found. The applicant has acknowledged this survey will be updated prior to project construction in order to conform with imminent changes to sediment criteria rules. 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 45.7 acres of upper beach (above MHW) and would fill approximately 110.4 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: May 10, 2021 Office: Wilmington