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HomeMy WebLinkAbout19980304 Ver 2_Public Notice_201202241 ME US Army Corps PUBLIC NOTICE Of Engineers Wilmington District Issue Date: February 22, 2012 Comment Deadline: March 23, 2012 Corps Action ID #: SAW- 1998 -00432 The Wilmington District, Corps of Engineers (Corps) has received an application from the Military Ocean Terminal, Sunny Point (MOTSU) seeking Department of the Army authorization to maintenance dredge the existing access channels, connecting channels, and basins at their navigation facilities with transport of disposal material to the New Wilmington Ocean Dredged Material Disposal Site (ODMDS). 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.mil /wetlands Applicant: Military Traffic Management Command D "@ � Military Ocean Terminal L� U Sunny Point (MOTSU) Southport, North Carolina 28461 -5000 FEB 9, 4 ?012 DENR- INATEC,, RBf iK AGENT (if applicable): N/A WETLANDS AND ST('f Authority The Corps will evaluate this application and a decide whether to issue, conditionally issue, or deny the proposed work pursuant to pursuant to Section 103 of the Marine Protection, Research, and Sanctuaries Act of 1972 as amended (33 U.S.C. 1413). Location The project site, Military Ocean Terminal Sunny Point (MOTSU), is a military ocean terminal located in Brunswick County, North Carolina, on the west bank of the Cape Fear River, approximately 10 miles upstream from the river's mouth. The dredged material will be disposed of at the New Wilmington Ocean Dredged Material Disposal site (ODMDS) located approximately seven to twelve miles south of Bald Head Island in the Atlantic Ocean. Existing Site Conditions v Plans submitted with application show that the work will involve maintenance dredging of the existing access channels, connecting channels, and basins at the MOTSU wharves as originally authorized under DA permit Action ID Number SAW - 1995 - 02844, and as modified under Action ID Number SAW- 1998 - 00432. The deepening authorized by the original permit is complete, and the original permit expired on December 31, 2000. DA permit Action ID SAW- 2001 -00436 authorized maintenance dredging of the MOTSU navigation facilities and transport of dredged material for ocean disposal. The sediments proposed for transportation and disposal have been evaluated pursuant to Section 103 of the Marine Protection Research and Sanctuaries Act and determined to be acceptable for ocean disposal. This evaluation has been provided to the United States Environmental Protection Agency (USEPA) Region 4 for their review and concurrence by letter dated January 31, 2012. USEPA written concurrence is required before the permit can be issued. This concurrence is valid for three years from the date of the EPA letter. Applicant's Stated Purpose The purpose of the work is to enable MOTSU to meet its mission requirements as a unique military port facility designed and constructed specifically for the safe, efficient trans- shipment of explosives, munitions, ordinance, and related material. While adjacent to and dependent on the Wilmington Harbor federal navigation channel project, MOTSU is a separately permitted Military Traffic Management Command facility. Annual dredging is necessary to maintain safe and adequate depth for vessels served by MOTSU. Plans showing work are included with this public notice. Project Description The applicant proposes to transport approximately 600,000 to 1,000,000 cubic yards of dredged material from MOTSU to the Wilmington Ocean Dredged Material Disposal Site ( ODMDS). The U.S. Environmental Protection Agency Section 102 designated ODMDS is located approximately 5 to 12.5 miles south of Bald Head Island in the Atlantic Ocean. The ODMDS was designated by EPA on 5 July 2002 (F.R. Vol 67 No. 129), effective 5 August 2002. The boundary coordinates (NAD 83 Geographic) for the Wilmington ODMDS are: 33° 46.0" N 78° 02.5" W 33° 46.0" N 78° 01.0" W 330 41.0" N 780 01.0" W 33° 41.0" N 78° 04.0" W The New Wilmington ODMDS has an area of about 9.4 square nautical miles (nmi). Depths within the ODMDS range from about -35 to -52 feet local mean low water 2 i (m.l.l.w.). The Wilmington ODMDS has received dredged material from the Wilmington Harbor federal navigation channel and MOTSU approximately every year since the site designation. Disposal will take place in accordance with the current Wilmington Ocean Dredged Material Disposal Site Monitoring and Management Plan. Other Required Authorizations This notice and all applicable application materials are being forwarded to the appropriate State agencies for review. The applicant has not provided to the Corps, a certification statement that his/her proposed activity 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 can not issue a permit for the proposed work until the applicant submits such a certification to the Corps and the North Carolina Division of Coastal Management ( NCDCM), and 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 will not adversely impact EFH or associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils or the National Marine Fisheries Service. 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 may be 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 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. A final determination on 3 the effects of the proposed project 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 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 Ocean Dumping Regulations and Criteria in 40 CFR Parts 225 and 227. Commenting Information The Corps of Engineers is soliciting comments from the public; Federal, State and local agencies and officials, including any consolidate 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. 4 Written comments pertinent to the proposed work, as outlined above, will be received by the Corps of Engineers, Wilmington District, until 5pm, March 22, 2012. Comments should be submitted to Mr. David Timpy, 69 Darlington Avenue, Wilmington North Carolina 28403. If you have questions, please contact Mr. Timpy at (910) 251 -4634 or email at david.l.timpy @usace.army.mil. N/ oT0 ILYINGTON ODMDS U Q KES WILMINGTON HARBOR CHANNEL NOMENCLATURE Fz —�� CAPE FEAR RIVER WILMINGTON HARBOR PROJECT AND MILITARY OCEAN TERMINAL, SUNNY POINT (MOTSU) IOTSU \river.dgn 10/18/2006 10.53:47 AM 10000 5000 0 10000 20000 30000 SCALE IN FEET F I G U R E 1 r + E 2260000 + N 85000 + E 2280000 + N 65000 E 2300000 + N 85000 + E 2320000 + N 85000 4F, + + t + + // + Al ww �i P " + i - -___ ___ - -- -± - - + _ + SOUTHPOSOUTHPORT � P alww _r _ ELL.13 _ + + + _ + , r- L : ,�� + CP&L CABLE ROUTE-' 1 (BY OTHERS) 1 1,11 OFFSHORE TIDE GAGE 111 INOT IN SERVICE) E 2293865 30 N 4028534 �p ATLANTIC OCEAN f 1,l BALDHEAD SHOAL I/ CHANNEL i/ + + + + yl� t + CAPE FEAR ll � n�'_`i�'`I�)t� �I)lafi- FISHING 7� GROUNDS ATLANTIC OCEAN Ijl I'I + + + t + + + it WILMINGTON OFFSHORE FISHERY ENHANCEMENT STRUCTURE (WOFES) NOTES 1 HORIZONTAL DATUM NAO 1983 2 VERTICAL DATUM MEAN LOWER LOW WATER IMLLW) + E 2260000 + + E 2260000 / e + "'n) + E 2310000 + t 1/2 0 tMILE N 15000 N 15000 11 N 15000 l;l WHREF06 SCALE • T REFERENCE SEDIMENT SITE 12.000 8,000 4.000 0 12.000 111 ^7° SCALE IN FEE NAVIGATION AIDS + + + + + -�AIII AAlKI(`i}( NI /ICCC'LJ/) DC I ATlnt\I K AD - CI('I IDE :— 7 / O� l� SILO Ji 1011 GhVDS / E 2280000 N 1500° t E 2310000 I +" 15000 H R E F 0 6 BALDHEAD SHOAL CHANNEL-" REFERENCE Q III[ ENH (CEMENT STRUCCTURE FISHERY WOES) I`� _ In' )I'I N, �I`I 1. ' 161 lI)i ✓[.I� E 2280000+ + + + E 2310000 N —5000 N —5000 + + + + E 2280000-1- + + + E 2310000 N -25000 + N -25000 + E 2260000 + + E 2260000 / e + "'n) + E 2310000 + t 1/2 0 tMILE N 15000 N 15000 11 N 15000 l;l WHREF06 SCALE • T REFERENCE SEDIMENT SITE 12.000 8,000 4.000 0 12.000 111 ^7° SCALE IN FEE NAVIGATION AIDS + + + + + -�AIII AAlKI(`i}( NI /ICCC'LJ/) DC I ATlnt\I K AD - CI('I IDE :— 7