20200622 Ver 1_Fed Consistency Review_20200722

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Beverly Eaves Perdue James H. Gregson
Governor Director
April 16, 2010
Col. Jefferson M. Ryscavage, District Commander
Wilmington District Office
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403-1343
RECEIVED
APR 2 0 2010
REG. WILM. FLD. OFG,
Dee Freeman
Secretary
SUBJECT: CD10-017 — Consistency Concurrence for Proposed Implementation of the
Integrated Feasibility Report and EIS Regarding Coastal Storm Damage Reduction at
Surf City and North Topsail Beach, Onslow and Pender Counties, North Carolina
(DCM#20100006)
Dear Col. Ryscavage:
We received your consistency determination on January 14, 2010 for proposed implementation of
the Integrated Feasibility Report and EIS regarding coastal storm damage reduction at Surf City
and North Topsail Beach, Onslow and Pender Counties, North Carolina. The consistency review
deadline was extended, by mutual agreement, to April 16, 2010. The submitted National
Economic Development (NED) plan consists of a sand dune constructed to an elevation of 15 feet
above the National Geodetic Vertical Datum (NGVD), fronted by a 50-foot wide beach berm
constructed to an elevation of 7 feet above NGVD. The berm and dune project extends along a
reach of 52,150 feet. This plan is identified among other alternatives in the "Draft Integrated
Feasibility Report and Environmental Impact Statement, Coastal Strom Damage Reduction, Surf
City and North Topsail Beach, North Carolina" (August 2009) as "Plan 1550".
North Carolina's coastal zone management program consists of, but is not limited to, the Coastal
Area Management Act, the State's Dredge and Fill Law, Chapter 7 of Title 15A of North
Carolina's Administrative Code, and the land use plan of the County and/or local municipality in
which the proposed project is located. It is the objective of the Division of Coastal Management
(DCM) to manage the State's coastal resources to ensure that proposed Federal activities would be
compatible with safeguarding and perpetuating the biological, social, economic, and aesthetic
values of the State's coastal waters.
400 Commerce Ave., Morehead City, NC 28557-3421
Phone: [phone] \ FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer
Nne
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To solicit public comments, DCM circulated a description of the proposed project to State
agencies that would have a regulatory interest. No comments asserting that the proposed activity
would be inconsistent with the State's coastal management program were received. Nevertheless,
comments were received concerning the necessity to minimize adverse environmental effects
resulting from dredging. A copy of the responses received has been attached for reference.
DCM has reviewed the submitted information pursuant to the management objectives and
enforceable policies of Subchapters 7H and 7M of Chapter 7 of Title 15A of North Carolina's
Administrative Code which are a part of the State's certified coastal management program and
concurs, as conditioned below, that the proposed Federal activity is consistent, to the maximum
extent practicable, with the enforceable policies of North Carolina's coastal management program.
In order to be found consistent with North Carolina's coastal management, the US Army Corps of
Engineers (Applicant) shall comply with the following conditions of concurrence.
• The Applicant, prior to initiating any land or water disturbing activities, shall obtain a
Section 401 Water Quality Certification from the NC Division of Water Quality for the
proposed project. The Applicant shall comply with the requirements of the Section 401
Water Quality Certification. A copy of the certification shall be forwarded to DCM.
• The Applicant, prior to initiating any land disturbing activities, shall obtain the approval of
the NC Division of Land Resources of an erosion and sedimentation control plan. The
Applicant shall comply with the requirements of the approved erosion and sedimentation
control plan. A copy of the plan approval shall be forwarded to DCM.
• In order to protect nesting shorebirds, work will not be allowed from April 1" through
August 31 st of any year without the prior approval of the Division of Coastal Management,
in consultation with the North Carolina Wildlife Resources Commission.
• In order to protect nesting sea turtles and their hatchlings, work will not be allowed from
May 1 St through November 151h of any year without the prior approval of the Division of
Coastal Management, in consultation with the North Carolina Wildlife Resources
Commission.
• The Applicant, prior to initiating any land disturbing activities related to the initial
construction period, shall submit to DCM a Monitoring Plan to assess project impacts on
fisheries and fish prey habitat that outlines: (1) the methodologies for evaluating for hard
bottom and intertidal beach habitat impacts, (2) the criteria for determining whether
significant, adverse impacts to these habitats have occurred, (3) implementation of the
monitoring plan. Though unlikely, based on the avoidance measures incorporated in the
study design, should the Monitoring Plan document that a significant adverse impact to
habitat has occurred, a Mitigation Plan will be submitted to DCM, in consultation with the
NCDMF, for supplementary consistency review. The Mitigation Plan will outline the
appropriate actions that will be implemented in cooperation with state and federal agencies
to rectify the adverse impacts to a level of insignificance.
• Only beach quality sand shall be used for this project. Should the dredging operations
encounter sand deemed non -compatible with native grain size or sorting characteristics of
the native beach, the dredge operator shall immediately cease operation and contact the
DCM. Dredge operations will resume only after the issue of sand compatibility is
resolved.
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• Sand excavation activities shall not be conducted on or within 400 feet of significant
biological communities, such as high relief hard bottom areas.
• Prior to the initiation of any beach nourishment activity above the normal high water
contour (NHW) within the limits of the authorized project, easements or similar legal
instruments shall be obtained from all impacted property owners.
• Prior to the initiation of any beach nourishment activity, the Applicant shall coordinate
with DCM to determine the static vegetation line that shall be used as the reference point
for measuring future oceanfront setbacks. This static vegetation line shall then be marked
and a survey depicting this static vegetation line shall be submitted to DCM prior to any
beach nourishment activities.
• Temporary dikes shall be used to retain and direct flow of material parallel to the shoreline
to minimize surf zone turbidities. The temporary dikes shall be removed and the beach
graded in accordance with approved profiles upon completion of pumping activities in that
particular section of beach.
• In order to prevent leakage, dredge pipes shall be routinely inspected. If leakage is found
and repairs cannot be made immediately, pumping of material shall stop until such leaks
are fixed.
• Land -based equipment necessary for beach nourishment work shall be brought to the site
through existing accesses. Should the work result in any damage to existing accesses, the
accesses shall be restored to pre -project conditions immediately upon project completion in
that specific area.
• Where oceanfront development exists at elevations nearly equal to that of the native beach,
a low protective dune shall be pushed up along the backwash to prevent slurry from
draining towards the development.
• Dune disturbance shall be kept to a minimum. Any alteration of existing dunes shall be
coordinated with DCM as well as the appropriate property owner(s). All disturbed areas
shall be restored to original contours and configuration with reference to the surveyed
normal high water line and shall be revegetated immediately following project completion
in that specific area.
• No sand shall be placed on any sandbags that have been determined by DCM to be subject
to removal under 15A NCAC 07H .0308(a)(2). In order to ensure compliance with this
condition, DCM shall be contacted at 910-796-7215 prior to project initiation so that
Division staff may meet on -site with the permittee and/or contractor.
• The Applicant shall adhere to any mitigation measures described in the consistency
submission and the Draft Integrated Feasibility Report and Environmental Impact
Statement, Coastal Storm Damage Reduction, Surf City and North Topsail Beach, North
Carolina" (August 2009) to the extent that they do not conflict with any of the conditions
of concurrence stated above.
This letter of concurrence is contingent on the Federal agency agreeing with the conditions stated
above. In the event that the Federal agency does not agree with the conditions of concurrence, this
letter effectively becomes a letter of State "Objection". Should the Federal agency not agree with
the conditions stated above, a letter of non -agreement should be sent to DCM. The procedures of
15 CFR 930.43 would then need to be followed.
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The North Carolina Wildlife Resources Commission (NCWRC) and the North Carolina Division
of Marine Fisheries (NCDMF) are concerned about the impact of proposed dredging operations on
benthic habitat. NCWRC recommend that during the four year initial construction event that beach
nourishment activities be staggered to minimize the adverse effects on benthic invertebrates.
Benthic invertebrates are an important food source for foraging shorebirds and many species of
fish. To assure the availability of this food source, DCM recommends that the Corps, to the extent
practical, implement the recommendations of the NCWRC and the NCDMF.
Should the proposed action be modified a revised consistency determination could be necessary.
This might take the form of either a supplemental consistency determination pursuant to
15 CFR 930.46, or a new consistency determination pursuant to 15 CFR 930.36. Likewise, if
further project assessments reveal environmental effects not previously considered by the
proposed development, a supplemental consistency certification may be required. If you have any
questions, please contact Stephen Rynas at 252-808-2808. Thank you for your consideration of
the North Carolina Coastal Management Program.
Cc: Steve Everheart, Division of Coastal Management
Doug Piatkowski, US Army Corps of Engineers
Sincerely,
Doug Huggett
Manager, Major Permits and Consistency Unit
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