HomeMy WebLinkAbout20130144 Ver 2_Public Notice_20130730[Ell
US Army Corps of PUBLIC NOTICE
Engineers
Wilmington District
Issue Date: July 1, 2013
Comment Deadline: July 30, 2013
Corps Action ID Number: SAW- 2013 -01129
The Wilmington District, Corps of Engineers (Corps) received an application from the
North Carolina Department of Transportation seeking Department of the Army
authorization to hydraulic dredge 1.7 million cubic yards of beach compatible sand from
an offshore borrow source located within the Wimble Shoals area or within the Oregon
Inlet Federal Navigation Channel and place the material along 2.13 miles of beach
adjacent to NC Highway 12 impacting approximately 64 acres of jurisdictional waters
below mean high water, associated with an emergency beach repair /nourishment project
along NC Highway 12 in Dare County, North Carolina.
Specific plans and location information are described below and shown on the attached
plans. This Public Notice and all attached plans are also available on the Wilmington
District Web Site at
http: / /www.saw.usace.anny.mil /Missions /Re ugulatoryPermitPro r� am.aspx
Applicant: North Carolina Department of Transportation
Mr. Clay Willis, Division One Environmental Officer
113 Airport Drive, Suite 100
Edenton, North Carolina 27932
AGENT (if applicable):
Authority
The Corps evaluates this application and decides whether to issue, conditionally issue, or
deny the proposed work pursuant to applicable procedures of the following Statutory
Authorities:
® Section 404 of the Clean Water Act (33 U.S.C. 1344)
® Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403)
❑ Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972
(33 U.S.C. 1413)
Location
Directions to Site: The project area begins in Southern Pea Island approximately 1.5
miles north of the southern Pea Island National Wildlife Refuge border and extends south
from that point 2.13 miles, ending within the community of Mirlo Beach in Rodanthe,
North Carolina. The project area also includes the proposed offshore borrow source in
the Wimble Shoals vicinity that is located approximately 1.5 to 3 miles offshore of the
project area and the Oregon Inlet Federal Navigation Channel which is approximately 13-
15 miles north of the project area, depending on the source of the borrow material that is
ultimately selected.
Project Area (acres): 64 acres (beach nourishment area) 2,937 and 1,359 acres ( Wimble
Shoals borrow source areas A and B), Nearest Town: Rodanthe, Nearest Waterway:
Atlantic Ocean, River Basin: Pasquotank, Latitude and Longitude: Start 35.6289 End
35.5974N, Start - 75.469 End - 75.4626W
Existing Site Conditions
The majority of the land use in the project area is part of the Pea Island National Wildlife
Refuge and can be described as ocean beach and dunes. The refuge was established in
1938 for the protection of wildlife, especially migratory waterfowl. The refuge
objectives include: a) providing nesting, resting, and wintering habitat for migratory birds
including the greater snow geese and other migratory waterfowl, shorebirds, wading
birds, raptors and neotropical migrants b) provide habitat and protection for endangered
and threatened species c) provide opportunities for public enjoyment of wildlife and
wildlands resources. The southern most part of the project area can also be described as
ocean beach lacking any dunes with private residents /property in between the beach and
NC Highway 12. The topography in the study area is characterized by man -made beach
dunes between NC Highway 12 and the Atlantic Ocean with an average elevation of 10
feet above sea level with a moderately to severly sloping beach face. The "lower beach"
is characterized as the exposed portion of beach between the mean high tide line and
mean low tide lines and is unvegetated and subject to diurnal tidal flooding. The
substrate consists of unconsolidated sand and variable shell fragment content and is a
considered a dynamic community subject to the effects of tidal swash twice daily. The
"upper beach" is the area above the mean high tide line up to the toe -of -slope for the
frontal dune or berm and consists of unconsolidated sand and shell fragments and is
constantly changing due to wind and tidal surges during storm events. During the week
of October 21, 2012, Hurricane Sandy impacted NC Highway 12 along the outer banks
within the proposed project area. Severe damage to NC Highway 12 occurred in the
project area with the greatest damage occuring in the S- Curves area located on the
southern end of the Pea Island National Wildlife Refuge when NC 12 became severed by
ocean over wash and direct surf zone energy. The increased erosion along with the loss
of beach face width and the protective dune barrier created a increased state of
vulnerability to the only highway servicing Hatteras Island. NCDOT has relocated NC
12 within their existing right -of -way to the most western edge and installed protective
sandbags and dunes varying in width from 30 -50 feet at the base and 8 -12 feet in height.
With these efforts taken and measures put in place, NC 12 has continued to experience
increased ocean over wash and road closures during storm and high tide events. The
emergency response following Hurricane Sandy has been ongoing throughout the winter
months of 2013 and currently continues with each storm'and high water event. In an
effort to reestablish NC 12 highway connectivity and address numerous storm repairs
after Hurricane Sandy, Governor Beverly Perdue originally declared a State of
Emergency on October 27, 2012. Due to the increased ocean over wash vulnerability,
road closures, and detrimental impacts to the well -being and livelihood of Hatteras Island
Residents which has occurred since October 2012, Governor Pat McCrory issued a new
Declaration of Emergency for the specific area of Southern Pea Island/Mirlo Beach area
on March 19, 2013. Actions taken by NCDOT to respond to this state of emergency are
to attempt to provide a temporary solution by reducing the level of ocean over wash
vulnerability and restoring the reliability of NC 12 until a long term solution can be
implemented. The study area is located in the lower Atlantic Coastal Plain physiographic
region of North Carolina. The primary water body adjacent to the project area is the
Atlantic Ocean. West of the project area is the Pamlico Sound.
Applicant's Stated Purpose
Provide a 3 -year short term level of protection to NC Highway 12 against ocean storm
events which currently results in frequent closures of the roadway within the S-
Curves/Mirlo Beach area until a long -term solution can be implemented for NC Highway
12 in this location.
Background
The applicant ( NCDOT) for the proposed project completed and submitted an in depth
alternative analysis looking at three different alternatives that could possibly meet the
applicants stated purpose. These alternatives include: 1) Maintain NC 12 on its existing
alignment with protective sandbags and dunes within the existing NCDOT easement, 2)
Install a temporary bridge west of the existing easement on the USFWS Pea Island
National Wildlife Refuge and 3) Maintain NC 12 within the existing easement utilizing
protective sandbags and dune maintenance supported with an emergency beach
nourishment project. The following is a summary of this analysis and the applicants
preferred alternative for the proposed project: Alternative One) Maintain NC 12 on its
existing alignment with protective sandbags and dunes within the existing NCDOT
easement - This alternative would continue the current approach of maintaining Highway
12 within the S- Curves /Mirlo Beach Project area, resulting in no new preventative
actions taken to address increased frequency of ocean storm over wash on NC 12 and the
resulting road closures. Since 2007 NCDOT has installed and had to reconstruct /repair
the sand bags and protective dunes in this area a total of four times. Throughout this time
period NCDOT engaged in frequent primary dune reestablishment in an effort to
maintain coverage of the sandbags and provide protection from high tide storm over
wash. The residents of Hatteras Island have experienced the impacts of road closures on
NC 12 for many years. The current approach of maintaining NC 12 in its existing
alignment with sandbags and dune reconstruction has become less effective and more
costly. Since 2008, NCDOT has spent between eight and nine million dollars
maintaining NC 12, at the S- Curves location (2 miles of roadway). Maintaining NC 12
with sand bags and dune reconstruction is less effective without a level of protective
beach face to absorb ocean storm energy. The current beach face shows little recovery
from erosive storm events, thus leaving the protective sandbags and dune subject to high
energy waves. This high level of maintenance cost, along with the continuing increase in
road closures is not a desirable alternative for NCDOT or the citizens of Hatteras Island.
Restoring a reasonable level of reliability, stability and safety to NC 12 through this area
is the primary purpose for this emergency action. The selection of this alternative would
result in elevated maintenance expenditures and continued NC 12 over wash roadway
severance, thus leading to closures. According to NCDOT's analysis, this alternative
does not meet the proposed purpose of this project. Alternative Two) Install a
temporary bridge west of the existing easement on USFWS Pea Island National
Wildlife Refuge - Following storm damage and NC 12 closures caused by Hurricane
Sandy in October of 2012, NCDOT reviewed the alternative of placing a temporary
bridge to the west of the existing easement. This alignment would be approximately 100-
150 feet west of the existing roadway, on the Pea Island National Wildlife Refuge. The
temporary bridge was designed to span a total of 300 feet over a portion of an ocean over
wash created by Hurricane Sandy, which flowed to the Pamlico Sound through a man-
made drainage canal and adjacent marsh. The designed bridge span location and
clearance was placed within a probable location for future ocean storm over wash flows.
The bridge approach's roadway grade elevates to allow a 4 -6 foot bridge clearance for the
distance of the 300 foot span. The bridge approach increase in elevation would be
accomplished with earthen fill. Total length of the roadway approaches and bridge
structure for the western alignment is 2160 feet (0.41 miles). The bridge structure and
roadway work is estimated to cost $3,650,000. Removal of the structure and roadway
following the implementation of the long term solution is estimated to cost $600,000.
There would be utility relocation cost associated with this alternative. This cost is
calculated based on Cape Hatteras Electric Cooperative's temporary power line
realignment, which was estimated to cost $280,000. The total cost associated with the
temporary bridge alignment and utility relocations are estimated to be between 4 and 5
million dollars. The construction time frame is approximately 5 months to complete.
NCDOT's review of the project plans revealed problems associated with this alternative
meeting the project purpose. NCDOT's proposed alignment of the temporary bridge was
established based on the USFWS recommendation that NCDOT could temporarily
relocate the structure outside NCDOT easement, if the realignment was considered
"minor ". Therefore, NCDOT limited the western movement of the proposed road /bridge,
so the "minor" requirement could be met. NCDOT also needed to consider
constructability requirements with the north and south tie end points to NC 12. Issues
with private property boundaries exist at the southern tie in point to NC 12 and
constrained NCDOT's ability to extend the western alignment shift into Mirlo Beach.
The final alignment was placed directly west of existing Cape Hatteras Electric
Transmission Lines. As part of the project, the power transmission lines would then be
moved to the west of the new roadibridge. NCDOT could then build a detour route in the
alignment of the old electric transmission line corridor, which would be utilized during
construction. This detour would be very limited in its ability to carry full service on NC
4
12 during the 5 month time period. The detour would experience periods of temporary
closure for construction of the roadway /bridge alignment. Ocean over wash would likely
continue to cause closures on the detour. The unpredictable nature of storm over wash
and the resulting scour around the structure is a concern for NC 12 and the surrounding
project area. With the minor western realignment, NCDOT would not be relieved from
the need to continue maintaining the existing roadway easement and protective dune line
that NC 12 is currently located in. The bridge design approaches would be vulnerable
without some level of continued primary dune line to buffer ocean storm energy and over
wash. NCDOT also has to consider the long term solution to NC 12 that is currently
under review; the long -term study includes an alternative that consists of a bridge within
the existing easement. The maintenance of the existing land within the easement would
not be placed at the level expected to retain traffic flow; however, it would require
enough time and effort to incur significant maintenance cost. Based on previous year
maintenance cost, it is reasonable to assume NCDOT could spend well over one million
dollars during a 3 -4 year time frame, until the long -term solution was implemented. This
money would be spent on managing the dune line and protecting the existing easement.
This alternative will spend an estimated 4 -5 million dollars on the temporary
roadway /bridge and utility relocations. In addition, NCDOT will spend a conservative
estimate of 1 million dollars or more on maintaining the dune line and existing easement,
which will be ongoing until the long -term solution is implemented. The 5 month
construction time frame and the restricted service detour, with construction and over
wash closures, would cause significant economic and safety concerns. According to
NCDOT's analysis, the selection of this alternative would continue to result in
unacceptable frequency in road closures that negatively impact Hatteras Island residents
and endanger their well -being therefore it would not meet the purpose of the proposed
project. Alternative Three) Maintain NC 12 within the existing easement utilizing
protective sandbags and dune maintenance supported with an emergency beach
nourishment project - The beach nourishment project would be designed by the United
States Army Corps of Engineers ( USACE) Civil Works Section to place 1.7 million cubic
yards of beach quality sand along 2.13 miles of beach within the project area. The sand
placement is to be primarily centered in the S- curves /Mirlo Beach area where damaging
ocean over wash frequently occurs. This design is anticipated to provide a 3 year
protective measure for NC 12 against the erosive ocean forces which have led to
increased frequency in road closures. The USACE Civil Works Section is currently
evaluating three potential borrow areas. Two of these locations are in the Wimble Shoals
vicinity approximately 1.5 to 3 miles offshore of the project area. The third location is
within the Oregon Inlet federal navigation channel, approximately 13 -15 miles north of
the project area. Dredging of the borrow area would be accomplished using a private
contractor approved for hydraulic dredging in the ocean. The USACE Civil .Works
Section would administer a proposed contract and oversee project operations. The 2.1
mile long beach nourishment project is estimated to cost $18 million if the borrow area
utilized is the Wimble Shoals area. The cost is expected to exceed $30 million if the
Oregon Inlet area is utilized for borrow. These estimated costs could need adjustment
once the final borrow source is selected. After review of the available alternatives to
provide a 3 year short -term protective measure for NC 12 within the S- Curves /Mirlo
beach location, NCDOT concluded that a protective beach nourishment project would
5
provide for the most probable and practical solution to reestablishing a reasonable level
of stability and reliability to NC 12 at this location. Alternative Three gives a broader
protective beach along the entire area of concern and provides for natural processes to
create a buffering shoreline that adjusts with different storm dynamics. The additional
beach width creates a flatter profile to dissipate wave energy prior to contact with the
primary dune line and NC 12. This minimizes the chance for significant road damage
along NC 12, which often results in frequent and sometimes prolonged road closures. A
wider and flatter beach profile would significantly reduce NC 12 maintenance costs over
the next 3 to 4 years that could be associated with primary dune reconstruction, sand bag
maintenance /replacement and storm damaged road reconstruction. Without the
supporting beach nourishment proposal the storm damage maintenance costs as described
in alternative 1, above, could be assumed to reflect the previous 4 years, which was
approximately $8 to $9 million. This is a significant maintenance expenditure, which has
had negligible positive impact to NC 12's reliability and stability within the project area.
It is reasonable to assume the supporting beach nourishment option will reduce much of
the anticipated maintenance cost that would be incurred over the next 3 to 4 years.
According to NCDOT's analysis, they conclude that alternative three best meets the
project purpose of reestablishing a reasonable level of stability and reliability to NC 12.
According to NCDOT's analysis, they believe the continued vulnerability that would
result from alternatives one and two would not meet the project purpose. As described in
the alternative descriptions above, NCDOT has clearly defined concerns with alternatives
one and two and wishes to eliminate them from further consideration.
Project Description
The applicant proposes to place 1.7 million cubic yards of beach compatible sand
obtained from an off -shore borrow site on 2.13 miles of beach just north of Rodanthe,
Dare County. Sand placement will be accomplished by means of hydraulic dredging,
including hopper and /or cutterhead suction dredging. The discharge pipe will be floated
from a seaward station to the project area beach face where heavy equipment (bulldozers,
front end loaders) will move and grade the discharged sand into the desired beach profile
as depicted on the enclosed cross - section plans. The project is estimated to be completed
within 60 -90 days from initiation and projected to begin no earlier than September 2013.
The work will be conducted 24 hours throughout a 7 day work week. The beach
nourishment project design focuses the majority of the sand berm placement within an
8,000 linear foot area located around the vulnerable S- Curves /Mirlo Beach location. The
final design beach width berm throughout the 8,000 foot critical zone is 130 feet wide.
North and south of this critical zone, the project will begin transitioning with a tapered
berm back to the existing shoreline. The northern transition zone will include dune
construction that is approximately 1800 feet long as depicted on the enclosed work plans.
The sand utilized for this proposed project will come from an approved borrow source
that is currently being sampled for compatibility with the native beach sand in the project
area. The proposed beach nourishment project will only utilize borrow sand that meets
Federal and State compatibility requirements. The offshore borrow areas are currently
being sampled for compatibility and the applicant will provide the required sand analysis
0
to the Corps before a permit decision is made for the proposed project. Note that the
acreage of the borrow areas is the overall size of the area and the actual impact area will
not be known until the survey results are finalized. Overall plans showing the location of
the proposed project and impact sites are included with this public notice. Additional
detailed plans and findings for the project may be reviewed at the U. S. Army Corps of
Engineers, Washington Regulatory Field Office at 2407 West 51" Street, Washington,
North Carolina 27889.
Avoidance and Minimization
The applicant provided the following information in support of efforts to avoid and /or
minimize impacts to the aquatic environment: NCDOT will take measures to minimize
impacts during the dredging operation by adjusting the dredge passes to allow for quicker
recovery times for the benthic community. The placement of sand on the beach will
utilize berms to maximize sand settlement on the beach and minimize slurry runoff into
the lower intertidal zone. NCDOT has coordinated with federal and state fisheries
agencies for consultation on impact minimization. A component of this minimization
was early EFH consultation with these agencies to include dredging minimization
measures which are identified in an EFH assessment which is being forwarded to NOAA
fisheries. To avoid and minimize impacts to nesting Sea Turtles, NCDOT initiated a
monitoring program which started on May 1st and will continue until the proposed project
is completed. NCDOT has coordinated this monitoring program with the North Carolina
Wildlife Resources Commission N.E.S.T. program and the USFWS Pea Island National
Wildlife staff to relocate any turtle nests to a safe location outside the proposed project
area on Pea Island.
Compensatory Mitigation
The applicant offered the following compensatory mitigation plan to offset unavoidable
functional loss to the aquatic environment: No compensatory mitigation is being
proposed; however NCDOT has committed to coordinate with the appropriate state and
federal agencies to insure environmental compliance by avoiding and reducing risk to
protected species and natural resources. This is being done through the above mentioned
Sea Turtle monitoring program and nest relocation, by putting only beach compatible
sand on the receiving beach, by the FWS requiring the applicant to comply with
conditions included in their required Special Use Permit, and the EFH assessment
mentioned above.
Essential Fish Habitat
Pursuant to the Magnuson- Stevens Fishery Conservation and Management Act, this
Public Notice initiates the Essential Fish Habitat (EFH) consultation requirements.
The Corps' initial determination is that the proposed project may affect, but not likely
to adversely affect EFH or associated fisheries managed by the South Atlantic or Mid
Atlantic Fishery Management Councils or the National Marine Fisheries Service. An
EFH assessment is being forwarded to the National Marine Fisheries Service.
7
EFH considerations are included in the EFH assessment based on NCDMF and NOAA
Fisheries input.
Cultural Resources
Pursuant to Section 106 of the National Historic Preservation Act of 1966, the Corps
consulted the latest published version of the National Register of Historic Places and
initially determines that designated historic properties, or properties listed as being
eligible for inclusion therein are neither located within the project area nor would be
affected by the proposed work. Survey data is being gathered to identify any potential
historical resources in the proposed offshore borrow areas. A determination has been
made that the proposed project would not effect any resources present in the proposed
beach nourishment area. Presently, unknown archeological, scientific, prehistoric, or
historical data may also be located within the project area and /or could be affected by the
proposed work.
Endangered Species
Pursuant to the Endangered Species Act of 1973, the Corps reviewed the project area,
examined all information provided by the applicant and consulted the latest North
Carolina Natural Heritage Database. Based on available information:
❑ The Corps determines that the proposed project would not affect federally listed
endangered or threatened species or their formally designated critical habitat.
® The Corps determines that the proposed project may affect, not likely to adversely
affect federally listed endangered or threatened species or their formally designated critical
habitat. Based on coordination with the USFWS, it is the Corps understanding that if the
project does not commence prior to September, 2013, that the USFWS would concur with
this determination. The Corps initiates consultation under Section 7 of the ESA and will
not make a permit decision until the consultation process is complete.
❑ The Corps is not aware of the presence of species listed as threatened or endangered
or their critical habitat formally designated pursuant to the Endangered Species Act of
1973 (ESA) within the project area. The Corps will make a final determination on the
effects of the proposed project upon additional review of the project and completion of
any necessary biological assessment and /or consultation with the U. S. Fish and Wildlife
Service and /or National Marine Fisheries Service.
Other Required Authorizations
The Corps forwards this notice and all applicable application materials to the appropriate
State agencies for review.
M
North Carolina Division of Water Quality (NCDWO): The Corps will generally not
make a final permit decision until the NCDWQ issues, denies, or waives State
Certification required by Section 401 of the Clean Water Act (PL 92 -500). The receipt of
the application and this public notice combined with appropriate application fee at the
North Carolina Division of Water Quality Central Office in Raleigh constitutes initial
receipt of an application for a 401 Water Quality Certification. A waiver will be deemed
to occur if the NCDWQ fails to act on this request for certification within sixty days of
the date of the receipt of this notice in the NCDWQ Central Office. Additional
information regarding the Clean Water Act Certification may be reviewed at the
NCDWQ Central Office, Transportation Permitting Unit, 512 North Salisbury Street,
Raleigh, North Carolina 27604 -2260. All persons desiring to make comments regarding
the application for certification under Section 401 of the Clean Water Act should do so,
in writing, by July 30, 2013 to:
NCDWQ Central Office
Attention: Ms. Amy Chapman
(USPS mailing address): 1650 Mail Service Center, Raleigh, NC 27699 -1650
Or,
(physical address): 512 North Salisbury Street, Raleigh, North Carolina 27604
North Carolina Division of Coastal Management (NCDCM): The application
included a certification that the proposed work complies with and would be conducted in
a manner that is consistent with the approved North Carolina Coastal Zone Management
Program. Pursuant to 33 CFR 325.2 (b)(2) the Corps cannot issue a Department of Army
(DA) permit for the proposed work until the applicant submits such a certification to the
Corps and the NCDCM, and the NCDCM notifies the Corps that it concurs with the
applicant's consistency certification. As the application included the consistency
certification, the Corps requests, via this Public Notice, concurrence or objection from the
NCDCM.
Evaluation
The decision whether to issue a permit will be based on an evaluation of the probable
impacts including cumulative impacts of the proposed activity on the public interest.
That decision will reflect the national concern for both protection and utilization of
important resources. The benefit which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. All factors
which may be relevant to the proposal will be considered including the cumulative effects
thereof, among those are conservation, economics, aesthetics, general environmental
concerns, wetlands, historic properties, fish and wildlife values, flood hazards, flood plain
values (in accordance with Executive Order 11988), land use, navigation, shoreline
erosion and accretion, recreation, water. supply and conservation, water quality, energy
needs, safety, food and fiber production, mineral needs, considerations of property
ownership, and, in general, the needs and welfare of the people. For activities involving
the discharge of dredged or fill materials in waters of the United States, the evaluation of
the impact of the activity on the public interest will include application of the
Environmental Protection Agency's 404(b)(1) guidelines.
Commenting Information
The Corps of Engineers is soliciting comments from the public; Federal, State and local
agencies and officials, including any consolidated State Viewpoint or written position of
the Governor; Indian Tribes and other interested parties in order to consider and evaluate
the impacts of this proposed activity. Any comments received will be considered by the
Corps of Engineers to determine whether to issue, modify, condition or deny a permit for
this proposal. To make this decision, comments are used to assess impacts on endangered
species, historic properties, water quality, general environmental effects and the other
public interest factors listed above. Comments are used in the preparation of an
Environmental Assessment (EA) and /or an Environmental Impact Statement (EIS)
pursuant to the National Environmental Policy Act (NEPA). Comments are also used to
determine the need for a public hearing and to determine the overall public interest of the
proposed activity.
Any person may request, in writing, within the comment period specified in this notice,
that a public hearing be held to consider the application. Requests for public hearings
shall state, with particularity, the reasons for holding a public hearing. Requests for a
public hearing shall be granted, unless the District Engineer determines that the issues
raised are insubstantial or there is otherwise no valid interest to be served by a hearing.
The Corps of Engineers, Wilmington District will receive written comments pertinent to
the proposed work, as outlined above, until 5pm, July 30, 2013. Comments should be
submitted to Mr. Bill Biddlecome, Washington Regulatory Field Office,
2407 West Fifth Street, Washington, North Carolina 27889, at (910) 251 -4558.
10
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