19930255 Ver 1_Public Notice_19881229

....

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890

SAWC087-N-016-0199

December 29, 1988

PUBLIC NOTICE
PROPOSED PERMIT MODICATION

THE FIFTH COAST GUARD DISTRICT, Federal Building, 431 Crawford Street,
Portsmouth, VA 23705-5004, has applied for a modification to Department of
the Army permit, No. SAWC087-N-016-0l99, which authorizes MAINTENANCE OF THE
ACCESS CHANNEL IN BOGUE SOUND, NEAR BOGUE INLET, TO THE SWANSBORO COAST GUARD
'STATION, Carteret County, North Carolina. The proposed modification would
provide authorization TO DISCHARGE EXCAVATED MATERIAL ON THE ATLANTIC OCEAN
BEACH ON BOGUE BANKS AT EMERALD ISLE.

The following description of the work is taken from data provided by the
applicant and from observations made during onsite visits by representatives
of the Corps of Engineers. Plans submitted with the application show the
proposed placement of sand, hydraulically excavated from the access channel to
the Swansboro Coast Guard S~ation, on an approximate 1 mile length of beach
immediately east of Bogue Inlet. Maintenance of the 7,000-foot-long, 90-foot-
wide, 6-foot-deep, mean low water (MLW) , Coast Guard channel is to be
accomplished in connection with the Corps of Engineers' Federal project,
maintenance of the channel to Bogue Inlet, Atlantic Intracoastal Waterway
(AIWW) side channel and the Bogue Inlet crossing of the AIWW. Heavy equipment
is to be used on the beach for placement and alignment of dredge pipeline and
shaping of excavated material. The beach. disposal area is to be approl1ed for
the Federal project. The discharge of excavated material on the beach is
planned to occur only between November 15 and April 30 of any year. Should
disposal activities initiated after November 15 proceed beyond May 1, a
monitoring and nest relocation program will be implemented for the loggerhead
sea turtles. This permit modification is necessary because of the
unavailability of an adequate upland retention area. The modification would
provide effective coordination with the Federal project. Plans showing the
proposed modification are included with this public notice.

The applicant has determined that the proposed work is consistent with the
North Carolina Coastal Zone Management Plan and has submitted this
determination to the North Carolina Division of Coastal Management for their
review and concurrence. This proposal shall be reviewed for the applicability
of other actions by North Carolina agencies such as:

a. The issuance of a Water Quality Certification under Section 401 of the
Clean Water Act by the North Carolina Division of Environmental Management.

-2-

b. The issuance of a permit under the North Carolina Coastal Area
Management Act (CAMA) by the North Carolina Division of Coastal Management or
their delegates.

c. The issuance of an easement to fill or otherwise occupy State-owned
submerged land under North Carolina General Statute 143-341(4), 146-6, 146-11,
and 146-12 by the North Carolina Department of Administration and the North
Carolina Council of State.

d. The approval of an Erosion and Sedimentation Control Plan by the Land
Quality Section, North Carolina.Division of Land Resources, pursuant to the
State Sedimentation Pollution Control Act of 1973 (NC G.S. 113 A-SO-66).

f,
The requested Department of the Army permit will be denied if any required
State or local authorization and/or certification is denied. No Department of
the Army permit will be'issued until a State coordinated viewpoint Is received
and reviewed by this agency. Recipients of this notice are encouraged to
furnish comments on factors of concern represented by the above agencies
directly to the respective agency, with a copy furnished to the Corps of
Engineers.

Approval of this permit modification will give Federal authorization for
maintenance dredging for a period of time not to exceed 10 years from the date
of modification. The permittee will be required to present plans to the
District Engineer a minimum of 2 weeks prior to commencement of such
maintenance work. All maintenance would be performed in accordance with
Federal, State, and local permits and regulations governing such activities at
the time the maintenance is undertaken.

This modification is being considered pursuant to Section 10 of the River
and Harbo~ Act of 1899 (33 U.S.C. 403) and Section 404 of the Clean Water Act
(33 U.S.C. 1344). Any person may request, in writing within the comment
period specified in this notice, that a public hearing be held to consider
this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.

The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this worksite is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.

.

..

-3-

The District Engineer has determined, based on a review of data furnished
by the applicant and onsite observations, that the activity will not affect
species, or their critical habitat, designated as endangered or threatened
pursuant to the Endangered Species Act of 1973.

Th~ decision whether to issue a permit modification will be based on an
evaluation of the probable impacts, including cumulative impacts, of the
proposed activity and its intended use on the public interest. Evaluation of
the probable Impacts which the proposed activity may have on the public
interest requires a careful weighing of all those factors which become
relevant in each particular case. The benefits which reasonably may be
expected to accrue from the proposal must be balanced against its reasonably
foreseeable. detriments. The decision whether to authorize a proposal, and if
so. the conditions under which it will be allowed to occur, are therefore
determined by the outcome of the general balancing process. That decision
should reflect the national concern for both protection and utilization of
important resources. All factors which may be relevant to the proposal must
be considered including the cumulative effects thereof. Among those are
conservation, economics, aesthetics, general environmental concerns, wetlands,
cultural values, fish and wildlife values, flood hazards and flood plain
values (in accordance with Executive Order 11988), land use, navigation, shore
erosion and accretion, recre8tion, 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 placement of dredged or fill
materials in waters of the United States, a permit will be denied if the
discharge that would be authorized by such permit would not comply with the
Environmental Protection Agencies' 404(b)(1) guidelines. Subject to the
preceding sentence and any other applicable guidelines or criteria, a permit
will be granted unless the District Engineer determines that it would be
contrary to the public interest.

Generally, the decision whether to modify this Department of the Army
permit will not be made until the North Carolina Division of Environmental
Management (DEM) issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The DEM considers whether or n6t the
proposed activity will comply with Sections 301, 302, 306, and 307 of the
Clean Water Act. The Corps of Engineers has applied for certification for the
placement of material on this beachfront area for the Federal project. Such
certification, if provided, would benefit the Coast Guard's proposal.

Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, North
Carolina Division of Environmental Management, Salisbury Street, Archdale
Building, Raleigh, North Carolina. Copies of such materials will be furnished
to any person requesting copies upon payment of reproduction costs.

Written comments pertinent to the proposed modification, as outlined
above, will be received in this office, A~tention: Mr. Hugh Heine, until
4:15 p.m., January 16, 1989, or telephone [phone].

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DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890

SAWC087-N-016-0199

December 29, 1988

PUBLIC NOTICE
PROPOSED PERMIT MODICATION

THE FIFTH COAST GUARD DISTRICT, Federal Building, 431 Crawford Street,
Portsmouth, VA 23705-5004, has applied for a modification to Department of
the Army permit, No. SAWC087-N-016-0199, which authorizes MAINTENANCE OF THE
ACCESS CHANNEL IN BOGUE SOUND, NEAR BOGUE INLET, TO THE SWANSBORO COAST GUARD
STATION, Carteret County, North Carolina. The proposed modification would
provide authorization TO DISCHARGE EXCAVATED MATERIAL ON THE ATLANTIC OCEAN
BEACH ON BOGUE BANKS AT EMERALD ISLE.

The following description of the work is taken from data provided by the
applicant and from observations made during onsite visits by representatives
of the Corps of Engineers. Plans submitted with the application show the
proposed placement of sand, hydraulically excavated from the access channel to
the Swansboro Coast Guard Station, on an approximate 1 mile length of beach
immediately east of Bogue Inlet. Maintenance of the 7,000-foot-Iong, 90-foot-
wide, 6-foot-deep, mean low water (MLW), Coast Guard channel is to be
accomplished in connection with the Corps of Engineers' Federal project,
maintenance of the channel to Bogue Inlet, Atlantic Intracoastal Waterway
(AIWW) side channel and the Bogue Inlet crossing of the AIWW. Heavy equipment
is to be used on the beach for placement and alignment of dredge pipeline and
shaping of excavated material. The beach. disposal area is to be approved for
the Federal project. The discharge of excavated material on the beach is
planned to occur only between November 15 and April 30 of any year. Should
disposal activities initiated after November 15 proceed beyond May 1, a
monitoring and nest relocation program will be implemented for the loggerhead
sea turtles. This permit modification is necessary because of the
unavailability of an adequate upland retention area. The modification would
provide effective coordination with the Federal project. Plans showing the
proposed modification are included with this public notice.

The applicant has determined that the proposed work is consistent with the
North Carolina Coastal Zone Management Plan and has submitted this
determination to the North Carolina Division of Coastal Management for their
review and concurrence. This proposal shall be reviewed for the applicability
of other actions by North Carolina agencies such as:

I

a. The issuance of a Water Quality Certification under Section 401 of the
Clean Water Act by the North Carolina Division of Environmental Management.

-2-

b. The issuance of a permit under the North Carolina Coastal Area
Management Act (CAMA) by the North Carolina Division of Coastal Management or
their delegates.

c. The issuance of an easement to fii1 or otherwise occupy State-owned
submerged land under North Carolina General Statute 143-341(4), 146-6, 146-11,
and 146-12 by the North Carolina Department of Administration and the North
Carolina Council of State.

d. The approval of an Erosion and Sedimentation Control Plan by the Land
Quality Section, North Carolina ,Division of Land Resources, pursuant to the
State Sedimentation Pollution Control Act of 1973 (NC G.S. 113 A-50-66).

The requested Department of the Army permit will be denied if any required
State or local authorization and/or certification is denied. No Department of
the Army permit will be issued until a State coordinated viewpoint is received
and reviewed by this agency. Recipients of this notice are encouraged to
furnish comments on factors of concern represented by the above agencies
directly to the respective agency, with a copy furnished to the Corps of
Engineers.

Approval of this permit modification will give Federal authorization for
maintenance dredging for a period of time not to exceed 10 years from the date
of modification. The permittee will be required to present plans to the
District Engineer a minimum of 2 weeks prior to commencement of such
maintenance work. All maintenance would be performed in accordance with
Federal, State, and local permits and regulations governing such activities at
the time the maintenance is undertaken.

This modification is being considered pursuant to SectIon 10 of the River
and Harbor Act of 1899 (33 U.S.C. 403) and Section 404 of the Clean Water Act
(33 U.S.C, 1344). Any person may request, in writing within the comment
period specified in this notice, that a public hearing be held to consider
this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.

The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this worksite is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archeological, scientific, prehistorical, or histor.ical
data may be lost or destroyed by work under the requested permit.

~ ,

-3-

The District Engineer has determined, based on a review of data furnished
by the applicant and onsite observations, that the activity will not affect
species, or their critical habitat, designated as endangered or threatened
pursuant to the Endangered Species Act of 1973.

Th~ decision whether to issue a permit modification will be based on an
evaluation of the probable impacts, including cumulative impacts, of the
proposed activity and its intended use on the public interest. Evaluation of
the probable Impacts which the proposed activity may have on the public
interest requires a careful weighing of all those factors which become
relevant in each particular case. The benefits which reasonably may be
expected to accrue from the proposal must be balanced against its reasonably
foreseeable detriments. The decision whether to authorize a proposal, and if
so the conditions under which it will be allowed to occur, are therefore
determined by the outcome of the general balancing process. That decision
should reflect the national concern for both protection and utilization of
important resources. All factors which may be relevant to the proposal must
be considered including the cumulative effects thereof. Among those are
conservation, economics, aesthetics, general environmental concerns, wetlands,
cultural values, fish and wildlife values, flood hazards and flood plain
values (in accordance with Executive Order 11988), land use, navigation, shore
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 placement of dredged or fill
materials in waters of the United States, a permit will be denied if the
discharge that would be authorized by such permit would not comply with the
Environmental Protection Agencies' 404(b)(l) gUidelines. Subject to the
preceding sentence and any other applicable guidelines or criteria, a permit
will be granted unless the District Engineer determines that it would be
contrary to the public interest.

Generally, the decision whether to modify this Department of the Army
permit will not be made until the North Carolina Division of Environmental
Management (DEM) issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The DEM considers whether or not the
proposed activity will comply with Sections 301, 302, 306, and 307 of the
Clean Water Act. The Corps of Engineers has applied for certification for the
placement of material on this beachfront area for the Federal project. Such
certification, if provided, would benefit the Coast Guard's proposal.

Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, North
Carolina Division of Environmental Management, Salisbury Street, Archdale
Building, Raleigh, North Carolina. Copies of such materials will be furnished
to any person requesting copies upon payment of reproduction costs.

Written comments pertinent to the proposed modification, as outlined
above, will be received in this office, A~tention: Mr. Hugh Heine, until
4:15 p.m., January 16, 1989, or telephone [phone].

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