20020158 Ver 3_SAW 2019-01155 Posted PN_20201019

IEDI
US Army Corps PUBLIC NOTICE
Of Engineers
Wilmington District
Issue Date: October 19, 2020
Comment Deadline: November 19, 2020
Corps Action ID Number: SAW-2019- 01155
The Wilmington District, Corps of Engineers (Corps) received an application from the Town
of Sunset Beach seeking Department of the Army authorization to perform navigational
dredging of Canals A-D, the Feeder Channel, Bay Area and an area of South Jinks Creek on
the east end of Sunset Beach, with dredged material placement occurring in the nearshore
along approximately 2,000 linear ft. of oceanfront beach, in Sunset Beach, Brunswick
County, North Carolina. This request amends the original Town's request as outlined in the
Corps' Public Notice issued on September 20, 2019.
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: https://www.saw.usace.army.mil/Missions/Regulatory-Permit-
Program/Public-Notices/
Applicant:
AGENT (if applicable):
Authority
Town of Sunset Beach
Ms. Lisa Anglin
700 Sunset Boulevard, North
Sunset Beach, NC 28468
Moffat & Nichol, Inc.
Mr. Robert Neal
272 North Front Street
Wilmington, NC 28401
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)
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Location
Location Description: The proposed project is located within and adjacent to the
eastern end of Sunset Beach, near Tubbs Inlet in Brunswick County, North Carolina.
The Finger Canal portion of the dredging is located adjacent to Marlin, Sailfish,
Dolphin and Cobia Streets. The Feeder Canal runs between Riverside Drive and N.
Shore Drive. The Bay Area is south of the Feeder Canal and runs along Canal Drive.
Both the Feeder Canal and Bay Areas extend to South Jinks Creek. The proposed
placement area of compatible material falls with the nearshore area of the Atlantic
Ocean between 3rd and 13th streets of Sunset Beach.
Project Area (acres): 18
Nearest Town: Sunset Beach
Nearest Waterway: Atlantic Ocean & Jinks Creek
River Basin: Pee Dee (03040208)
Latitude and Longitude: 33.86995 N,-78.501142 W
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Figure 1. Project Vicinity Map
Background Information
The initial proposal, reflected in the September 20, 2019 issued Public Notice, included
the dredging of Turtle and Mary's Creeks to the north and to dredge the entirety of Jinks
Creek and connect the Canal and Bay Areas to the Atlantic Intracoastal Waterway to the
north, with the dredge material discharged via pipeline along the oceanfront shoreline. As
stated by the Town, their current proposal has reduced the dredging footprint and
maintenance channel design and changed the disposal location based on input and
comments from the 2019 Public Notice and subsequent scoping meetings. These
modifications were an effort to address and minimize the potential environmental impacts.
Existing Site Conditions
The proposed project areas are comprised of 4 man-made canals that connect to a Feeder
Channel and a Bay Area to the south (see figure 1 below). Both the Feeder Channel and
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the Bay Area connect to South Jinks Creek. The shoreline of the Finger Canals is stabilized
primarily by bulkheads, with some sections of riprap. The man-made canals border
residential lots developed with single family residences and private docking facilities. The
width of the canals is approximately 90 ft. and there are areas of oyster beds and coastal
wetlands, mostly consisting of Salt Marsh Cordgrass (Spartina alterniflora).The 3,500
linear ft. Feeder Channel area is stabilized by bulkheads with undeveloped lots to the north.
The channel averages 90 ft. in width with coastal wetlands, mostly consisting of Salt Marsh
Cordgrass (Spartina alterniflora), present on each shoreline east of the finger canals. To
the south, the Bay Area is stabilized primarily by bulkheads, with some rip rap and sparse
vegetation including Sea Ox-eye and Salt Marsh Cordgrass. The Bay Area extends 2,200
linear ft. to the east with widths ranging from 130 ft. to 470 ft in width nearest the
confluence with Jinks Creek. Both the Feeder Channel and the Bay Area connect to the
1,700 linear ft. South Jinks Creek project to the east, which transitions into the Atlantic
Ocean through Tubbs Inlet to the south and to the AIWW to the north.
A previous maintenance event of the Finger Canals and Feeder Channel was conducted
under State Permit No. 45-02, which expired on December 31, 2005. The dredging event
authorized the removal of 38,164 cubic yards with excavation to a depth of-5.2 ft. at MLW.
This was the first maintenance event for the feeder system since State Permit No. 211-85.
There are no permits on file for the dredging of either the Bay Area or South Jinks Creek,
but the application states that they both were previously dredged (pre- CAMA) in the early
70's. According to the applicant, significant accretion has occurred in the Finger Canal and
Feeder Channel systems, which has restricted navigation since the previous maintenance
event. The "box -cut" dredge channel previously authorized within the Finger Canals and
Feeder Channel measured approximately 30ft. in width; this proposal would be reduced to
20 ft. in width in the Finger Canals. The application states that the Finger Canals currently
have an average water depth of-2 ft. at MLW, the Feeder Channel averages- 3 ft. at MLW,
the Bay Area averages-2 ft. to -3 ft. at MLW and South Jinks Creek is approximately -1.5
ft. at MLW.
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Apo
Figure 2. Proposed Project Area Map
Applicant's Stated Purpose
The applicant's stated primary purpose and need for this project is to provide the Town of
Sunset Beach with a long-term management solution for maintaining navigation access
throughout the east end of Sunset Beach. The project seeks to enhance and protect navigation
access to residents and guests to waterways on the east side of Sunset Beach, near Tubbs
Inlet. The maintenance dredging project anticipates providing a long-term management
solution to restore navigation access in South Jinks Creek, the Bay Area, and the Feeder
Channel system. The goal to restoring the navigation depths is to provide sustainable
recreational boating opportunities to visitors and residents of Sunset Beach while also
helping to safeguard the small rental businesses and property values at risk within the project
area. The maintenance dredging project is expected to also provide a management tool for
future land development through the establishment of a pier head alignment.
Project Description
The applicant is proposing to perform a one-time navigational dredging event of Canals A-
D, the Feeder Channel, Bay Area, and an area of South Jinks Creek on the east end of
Sunset Beach with compatible material placement within approximately 2,000 linear feet
by 200 feet wide of nearshore area of the Atlantic Ocean. The nearshore area ranges in
death from -9 ft to -13-ft at MLW. The final grade for the placed material will not exceed -
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6.0-ft MLW in height. The non -compatible substrate from the finger channels, the Feeder
Channel and the Bay Area will be mechanically dredged (bucket to barge) and placed at a
permitted upland landfill facility. The project narrative states that the proposed dredging
project would connect the Feeder Channel of the Finger Canals with the Bay Area via
South Jinks Creek to create navigation corridors. Figure 2 above shows the work areas and
estimated dredge volumes along the east end of Sunset Beach.
According to the application, the dredge channel templates for the Finger Canals A-D and
Feeder Channel would be altered from the previous footprint to extend the navigational
area approximately 50 ft. within the Finger Canals and to follow deep water in the Feeder
Channel. The proposed channel width has been reduced to 20 ft. from the previously
permitted 30 ft. due to clearance between docks and the existence of coastal wetlands. The
maintenance dredging as proposed would aim to achieve average bottom depths ranging
from approximately -5 ft. (4 + 1 ft. over dredge) at MLW in the Finger Canals to -6 ft. (-5
ft. + 1 ft. over dredge) at MLW in Feeder Channel with side slopes of 3:1. The targeted cut
depth in each area allows for a -1' over -dredge buffer. The application indicates that the
removal of approximately 10,700 cubic yards of material from the Finger Canals, in an area
measuring 3,200 ft. in length and 20 ft. in width, and 22,000 cubic yards of material from
the Feeder Channel, in an area measuring 3,500 ft. in length and 30-40 ft. in width, would
be performed by means of bucket to barge and disposed of in an approved upland disposal
facility.
The Bay Area south of the Feeder Channel is proposed to be dredged to a final depth of -
6 ft. (- 5 ft.+ 1 ft. over dredge) at MLW in an area measuring 2,200 ft. in length by a
varying width of 20 ft. to 80 ft. The proposed dredge footprint widens to a maximum of
80 ft. at the confluence with South Jinks Creek for an estimated volume of 15,900 cubic
yards of material with a 3:1 side slope. The proposal states that the Finger Canals, Feeder
Channel and Bay Area would be dredged via bucket to barge within the environmental
window of November 16th to April 30th. The project narrative states that the proposed
dredge spoil from these areas is not beach compatible and will be disposed via offload site
at the end of Cobia street to an upland permitted landfill site currently owned by Ike
Williamson, who has signed a letter of consent for use. The site is located adjacent to State
Rd. 1163 (Old Georgetown R.) and State Rd. 1154 (Hale Swamp Road).
The proposed dredging of the South Jinks Creek area is proposed to be dredged to a final
depth of-6 ft. (-5 Ft.+1 ft. over dredge) at MLW in an area measuring approximately 1,750
ft. in length by 100 ft. in width for a total volume of 40,500 cubic yards of material. The
proposed template has a 5:1 slope throughout the dredge footprint. This material has been
analyzed and the application states that it is compatible with NC standards for Beach
Compatibility (see Narrative and Tab K). The material is proposed to be hydraulically
dredged and placed via pipeline within an approximate 2,000 ft by 200 ft nearshore
placement area between 3rd Street and 13th Street. The nearshore placement will occur in
water depths ranging from -9 ft to -13 ft at MLW. The final grade of the placed material in
the nearshore will not exceed -6 ft at MLW to avoid potential navigation concerns (see
figure 2 above).
The application indicates that the proposed pipeline would be anchored to the bottom
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waterward of MLW at the confluence of the Feeder Channel, Bay Area and South Jinks
Creek. To avoid potential navigation concerns, the pipeline as proposed would cross
navigable waterways perpendicularly, limiting the amount of pipeline length within any
existing navigation channel. The dredged material would then be transported via pipeline
along the shoreline of the east end of Sunset Beach as close to the dune line as possible
without impacting existing vegetation. The pipeline would have standard markings and
emergency access areas while traversing the beach.
The pipeline will traverse across the beach along the shortest reasonable path to enter the
Atlantic Ocean. The pipeline will be anchored once it passes the breaker zone in the
nearshore to prevent unnecessary movement. The pipeline route in the Atlantic Ocean shall
be marked with reflective buoys on approximate 500-ft intervals. Smaller spacings may be
used if pedestrian use of the nearshore area is likely.
The pipeline will traverse to a barge anchored in the placement area. An excavator may be
mounted on the barge to help control and maneuver the pipeline outfall. Regardless, the
pipeline will be secured to the barge with the outfall positioned overboard. The pipeline will
face into the placement area. Placement operations will occur across the approximate 200-ft
wide template prior to moving the barge west or parallel to the beach in the placement area.
Conservation measures submitted by the applicant include an environmental window of
November 16-April 30 for implementation of dredging activities and nearshore placement.
The application also states that there would be a minimum 10 ft. buffer from any Coastal
Wetland Areas. The applicant has received a Variance to rule NCAC 07H .0208 (b)(F)
from the North Carolina Coastal Resources Commission (See Tab D) due to shallow
connecting water depths, which range from O ft. to 2 ft. at MLW on the northern proposed
Jinks creek project area to - 0 ft. to — 5 ft. at MLW in the southern proposed Jinks Creek
project area.
Avoidance and Minimization
As stated by the applicant, the current permit application was developed after coordination
efforts with state and federal entities in efforts to address and minimize the potential
impacts to the environmental resources. The applicant has agreed to minimize dredging
impacts by limiting the dredging to south Jinks Creek and not connect the canal and Bay
Area to the Atlantic Intracoastal Waterway to the north as originally proposed.
The applicant provided the following information in support of efforts to avoid and/or
minimize impacts to the aquatic environment:
• Maintaining 10 feet dredge footprint buffers from coastal marsh and avoiding
channel areas with potential high concentrations of shellfish habitat.
• Restricting dredging operations to between Nov 16 & April 30
• Coordinating with United States Fish and Wildlife Service (USFWS) and the North
Carolina Water Resource Commission (NCWRC) for beach pipeline placement and
positioning this pipeline away from established dune or beach vegetation;
• Abiding by USFWS guidelines for avoiding West Indian manatee;
• Following NOAA recommendations for avoiding sea turtle and smalltooth
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sawfish potential impacts.
• Turbidity monitoring at nearshore placement area
Compensatory Mitigation
The applicant did not propose a compensatory mitigation plan to offset unavoidable
functional loss to the aquatic environment. The project as proposed will have no direct or
indirect effects on wetlands or other special aquatic sites.
Essential Fish Habitat
The Essential Fish Habitat (EFH) consultation had been completed for the original project
pursuant to the Magnuson -Stevens Fishery Conservation and Management Act. In a letter
dated August 2, 2019, NOAA's National Marine Fisheries Service (NMFS) offered no
EFH recommendations based on the Applicant's acceptance and incorporation of the
NMFS recommendation to protect the northern portion of Jinks Creek by removing the
area from the dredging footprint and to implement the Conservation Measures mentioned
above. With the addition of nearshore disposal, the Corps' determination is that the
proposed project may adversely affect EFH or associated fisheries managed by the South
Atlantic or Mid Atlantic Fishery Management Councils or the National Marine Fisheries
Service.
® The Corps will consult under the Magnuson -Stevens Act and will not make a
permit decision until the consultation process is complete.
Cultural Resources
Pursuant to Section 106 of the National Historic Preservation Act of 1966, Appendix C of
33 CFR Part 325, and the 2005 Revised Interim Guidance for Implementing Appendix C,
the District Engineer consulted district files and records and the latest published version of
the National Register of Historic Places and has determined that:
® No historic properties, nor properties eligible for inclusion in the National
Register, are present within the Corps' permit area; therefore, there will be no historic
properties affected. The Corps subsequently requests concurrence from the SHPO
(or THPO). It should be noted that an October 3, 2017 correspondence from the NC
SHPO states there is no knowledge of historic resources that would be affected by the
project and no comment on the project was submitted. This review by their office did
not include the nearshore placement activity.
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 data and previous consultation efforts:
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® The Corps determines that the proposed project may affect federally listed
endangered or threatened species or their formally designated critical habitat.
® By copy of this public notice, 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 evaluating the applicability
of the dredging and nearshore placement proposal to the August 28, 2017
State Programmatic Biological Opinion for North Carolina Beach Sand
Placement (SPBO) for species and critical habitat managed by the USFWS
and to the 2020 South Atlantic Regional Biological Opinion for species and
critical habitat managed by the NMFS Protected Resources Division.
Other Required Authorizations
The Corps forwards this notice and all applicable application materials to the appropriate
State agencies for review.
North Carolina Division of Water Resources (NCDWR): The Corps will generally not
make a final permit decision until the NCDWR issues, denies, or waives the state
Certification as required by Section 401 of the Clean Water Act (PL 92-500). By letter to
the Applicant on August 1, 2019, the NCDWR provided Approval of the 401 Water
Quality Certification with Additional Conditions (Attached).
Additional information regarding the 401 Certification, or the need to modify the current
certification, may be reviewed at the NCDWR Central Office, 401 and Buffer Permitting
Unit, 512 North Salisbury Street, Raleigh, North Carolina 27604-2260. All persons
desiring to make comments regarding the application for a 401 Certification should do so,
in writing, by November 8, 2020 (21 days from date of PN) to:
NCDWR Central Office
Attention: Mr. Paul Wojoski, 401 and Buffer Permitting Unit
(LISPS mailing address): 1617 Mail Service Center, Raleigh, NC 27699-1617
Or,
(physical address): 512 North Salisbury Street, Raleigh, North Carolina 27604
North Carolina Division of Coastal Management (NCDCM):
® The application did not include 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
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consistency certification. As the application did not include the consistency
certification, the Corps will request, upon receipt„ concurrence or objection from the
NCDCM.
Section 408
® There are no Corps Civil Works project(s) within or in the vicinity of the
applicant's proposed project.
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 will 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.
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The Corps of Engineers, Wilmington District will receive written comments pertinent to
the proposed work, as outlined above, until 5pm, November 19, 2020. Comments should
be submitted to Mr. Greg Currey, Wilmington Regulatory Field Office, 69 Darlington
Avenue, Wilmington, North Carolina 28403, at [phone] or at
Gregory. e. currey(a),usace. army. mil.
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