20061471 Ver 1_Public Notice_20061113

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US Army Corps PUBLIC NOTICE
Of Engineers
Wilmington District
Issue Date: November 13, 2006
Comment Deadline: December 12, 2006
Corps Action ID #: SAW-2006-40176-016
All interested parties are herby advised that the Wilmington District, Corps of Engineers
(Corps) has received an application for work within jurisdictional waters of the United
States. 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 www.saw.usace.army.miUwetlands
Applicants: National Park Service
Cape Lookout National Seashore ~° .e . -- „ 4 s~ 4~ ~-~~ ~,,
131 Charles Street -~ ~ ~`~'
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Harkers Island, North Carolina 28531 '\ 4A ~ i ~ ~p~6
Authority
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The Corps will evaluate this application and a decide whether to issue, conditionally
issue, or deny the proposed work pursuant to applicable procedures of Section 404 of the
Clean Water Act and Section 10 of the Rivers and Harbors Act of 1899.
Location
The National Park Service (NPS), Cape Lookout National Seashore (CLNS), Park
Headquarters is located at the southeastern end of Harkers Island, Carteret County, North
Carolina. The location of the project site is along the shoreline of the NPS/CLNS Park
Headquarters property. For illustration of the project location, refer to Figure 1, Location
Map; Figure 2., Site Location Map; and Figure 3., Project Location Map attached to this
public notice.
Applicant's Stated Purpose
The shoreline of the NPS/CLNS Park Headquarters property has been experiencing
severe and persistent erosion for many years, primarily due to the effects of wave action
with occasional inundation at high tide and, to a lesser extent, wake from boat traffic. As
a result, there has been significant and continuing loss of high ground property and
damage to structures along the shoreline. The rate of erosion also presents an imminent
threat to structures and other park facilities in the vicinity of the shoreline. The goal of
the proposed action is to effectively and economically stabilize the shoreline to prevent
further erosion, while maintaining as natural a shoreline appearance as possible.

The purpose of and need for taking action is to evaluate and implement strategies to
protect the facilities at Cape Lookout National Seashore's administrative site on Harkers
Island and prevent adverse effects to protected species, while allowing for appropriate
recreational use, as directed in the park enabling legislation, NPS management policies,
the Endangered Species Act (ESA), and other applicable laws and mandates.
Project Description
The proposed project consists of construction of an offshore sill, bulkhead and repair of
an existing bulkhead within three project reaches as shown in Figure 4 and Figure 5
(attached).
Offshore Sill. This alternative would involve the construction of an offshore
stone sill of trapezoidal cross-section. The sill would be located in Reaches 1 and 3. The
stone would be North Carolina Department of Transportation (NCDOT) class 2 riprap, a
dense stone up to 24 inches in size, laid over geotextile fabric. The sill is designed to be
adjacent to submerged aquatic vegetation (SAV) beds without directly impacting any
SAV beds. The sill would lie one to two feet below mean sea level in water shoreward of
all SAV beds, and waterward of existing emergent marsh vegetation to the extent
possible. Its position, approximately 30 to 60 feet offshore, would allow development of
additional marsh vegetation in viable portions of the shallows between sill and shoreline.
Marshgrass would be planted along the water's edge in these reaches to the extent
feasible. The top of the sill would be positioned approximately one foot above ordinary
high water, and openings would be incorporated for circulation to maintain water quality,
for cross-movement of aquatic organisms, and at the existing beach in Reach 3, for boat
and beach access.
Bulkhead and Boat Ramp Repair. This alternative would include repair and
replacement of existing bulkheads in Reach 2. Repair would include excavation behind
portions of the existing bulkhead to inspect and repair any holes, placement of a stone
filter layer and filter fabric, and construction of concrete splash protection along the top
of the wall. This alternative would also involve replacement of portions of existing
bulkheads which are failing, as well as other selected portions not failing, but where the
new system is desired. The replacement structure would be a vinyl sheet pile system
placed just outside the existing bulkheads. Appropriate founding of this system would be
determined based on a new subsurface investigation. The existing boat ramp, which is in
disrepair, would also be replaced with a new concrete ramp about 20' wide. The adjacent
bulkhead would be extended since the new ramp would be narrower than the existing
one. This alternative would also include construction of a breakwater extension at the
outer opening of the basin entrance. This would allow the entrance channel to be
widened by removing the high-ground peninsula adjacent to the channel.
Construction of the proposed project will permanently impact 0.05 acres of jurisdictional
wetlands. The sill footprint would cover approximately 1.21 acres of bottom in Reach 1
waters and 0.57 acre in Reach 3. The new breakwater extension footprint in Reach 2

would cover approximately 1800 square feet (0.04 acre) of bottom in open waters. The
sill footprint would lie shoreward of all submerged aquatic vegetation (SAV) beds and
avoid any SAV impacts. The applicant is not proposing to mitigate for the impacts
associated with the proposed project.
Other Required Authorizations
This notice and all applicable application materials are being forwarded to the appropriate
State agencies for review. The Corps will generally not make a final permit decision
until the North Carolina Division of Water Quality (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 the appropriate application
fee at the North Carolina Division of Water Quality central office in Raleigh will
constitute initial receipt of an application fora 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 maybe reviewed at
the NCDWQ Central Office, 401 Oversight and Express Permits Unit, 2321 Crabtree
Boulevard, 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 delivered to the North Carolina Division of Water Quality
(NCDWQ), 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 Attention:
Ms Cyndi Karoly by December 5, 2006.
'The applicant has certified that the proposed work complies with and will 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 is, by this notice,
forwarding this certification to the North Carolina Division of Coastal Management
(NCDCM) and requesting its concurrence or objection. Generally, the Corps will not
issue a Department of the Army (DA) permit until the NCDCM notifies the Corps that it
concurs with the applicant's consistency certification.
Essential Fish Habitat
This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the
Magnuson-Stevens Fishery Conservation and Management Act. The Corps' initial
determination is that the proposed project may adversely impact EFH or associated
fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils
or the National Marine Fisheries Service. These impacts to EFH include destruction of
habitat at the fill site, siltation plums, erosion and sedimentation issues, time frame work
is performed (fish moratoriums) and water quality issues.
Cultural Resources
The Corps has consulted the latest published version of the National Register of Historic
Places and is not aware that any registered properties, or properties listed as being

eligible for inclusion therein are located within the project area or will be affected by the
proposed work. Presently, unknown archeological, scientific, prehistoric, or historical
data maybe located within the project area and/or could be affected by the proposed
work.
Endangered Species
The Corps has 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 has determined there may be 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. A final determination on the effects
of the proposed prof ect will be made 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.
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 maybe expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. All factors
which maybe 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 is soliciting comments from the public; Federal, State and local agencies and
officials; 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 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.
Written comments pertinent to the proposed work, as outlined above, will be received by
the Corps of Engineers, Wilmington District, until Spm, December 12, 2006. Comments
should be submitted to Dave Timpy, Project Manager for this project.

Figure 1. Location Map

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Figure 3. Project Location Map
Figure 2. Site Location Map

Figure 4. NPS Shoreline Reaches, Harkers Island

Figure S. Project Plan, Harkers Island