HomeMy WebLinkAbout20081615 Ver 4_Final Public Notice_20130805Dennison, Laurie
From: Steenhuis, Joanne
Sent: Monday, August 05, 2013 8:01 AM
To: Dennison, Laurie
Subject: FW: Topsail beach (UNCLASSIFIED)
Attachments: SAW- 2013 - 00404 -FINAL PN_Town of Topsail Beach.pdf
- - - -- Original Message---- -
From: Timpy, David L SAW [ mailto :David.L.Timgy @usace.army.mil]
Sent: Monday, August 05, 2013 7:42 AM
To: Steenhuis, Joanne
Subject: RE: Topsail beach (UNCLASSIFIED)
Classification: UNCLASSIFIED
Caveats: NONE
Yes. Jason tried very hard to convince the applicant not to proceed until the CAMA application was submitted and
complete. It was their decision to submit an application to the Corps 1st. We had no choice but to issue the PN. We
already have agency comments and currently awaiting their response to these comments. Let me know if you need to
see these.
Now, I have to review the CAMA application to make sure it's the same project.
Dave
- - - -- Original Message---- -
From: Steenhuis, Joanne [ mailto :ioanne.steenhuis @ncdenr.eov]
Sent: Friday, August 02, 2013 1:55 PM
To: Timpy, David L SAW
Subject: Topsail beach
Dave,
Have you already sent out the Public notice for the Topsail Beach renourishment project?
> ««> Joanne Steenhuis > « « <>
Senior Environmental Specialist
Wilmington Regional Office
127 Cardinal Drive Ext.
Wilmington, NC 28405
Direct phone 910.796.7306
Joanne.Steenhuis @ncdenr.eov
Classification: UNCLASSIFIED
Caveats: NONE
PUBLIC NOTICE
US Army Corps of
Engineers
Wilmington District Issue Date: May 1, 2013
Comment Deadline: June 1, 2013
Corps Action ID No: SAW - 2013 -00404
All interested parties are herby advised that the Wilmington District, Corps of Engineers
(Corps) has received a request from the Town of Topsail Beach, Pender County, North
Carolina (Town) seeking to nourish beach along the developed shoreline of the Town of
Topsail Beach with beach compatible sand removed from the nearby federally maintained
channels of New Topsail Inlet, Topsail Creek, Banks Channel, and Banks Channel
Connector.
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
http:// www .saw.usace.army.mil/Missions /Re ug latoryPermitProgram /PublicNotices.asx
Applicant: Attn: Tim Holloman, Town Manager
Town of Topsail Beach
820 South Anderson Boulevard
Topsail Beach, North Carolina 28465
AGENT (if applicable): Chris Gibson, PE
Gahagan and Bryant Associates of North Carolina
295 -A North Green Meadows Drive
Wilmington, North Carolina 28405
Authority
The Corps will evaluate this request and.a decide whether to issue, conditionally issue, or
deny the proposed modification pursuant to applicable procedures of Section 404 of the
Clean Water Act (33 USC 1344) and Section 10 of the River and Harbors Act.
Location
The project site is located on the southern end of Topsail Island, within the Town Limits
of the Town of Topsail Beach. Topsail Island is a barrier island located in southeast
North Carolina along the beaches of Onslow Bay. The Town of Topsail Beach is
bounded to the north by Surf City, the west by Topsail Sound and south by New Topsail
Inlet. The island is accessible to the public by highways 50 and 210 with Highway 50
being the only main road to the Town of Topsail Beach. The approximate geographic
coordinates of the Topsail Beach are Latitude 340 22'10" and longitude 77 037'30 ".
The project area of Topsail Beach includes approximately 4.5 -miles of ocean beach, within the
Town limits, and is adjacent to several federally- maintained navigation channels, which have
been identified by the applicant as borrow areas for beach compatible sand. The federal
navigation channels are located within the New Topsail Inlet, Banks Channel and connector
channels along the western side of Topsail Island, and Topsail Creek. Topsail Creek is a federal
navigation channel between New Topsail Inlet and the AIWW see attached map.
New Topsail Inlet (8' deep x 150' wide) extends from the 12 foot contour in the ocean to the
intersection of Banks Channel connector and Topsail Creek, and it follows deep water rather
than being a fixed channel. Banks Channel (7' deep x 80' wide) is a fixed channel, which
extends from immediately southwest of the Corps Dock, to the intersection of the AIWW near
Disposal Area 186. Topsail Creek (7' deep x 80' wide) extends from the AIWW Disposal Area
203 to where it intersects Banks Channel connector and New Topsail Inlet Channel. Topsail
Creek is not a fixed channel and must follow deep water. Banks Channel connector (7' deep x
80' wide) is a deep water channel that extends from just immediately southwest of the Corps
Dock, to the intersection of Topsail Creek and New Topsail Inlet. Navigational information,
including the latest hydrographic surveys for these federal channels, including the latest
hydrographic surveys, is available at http://www.saw.usace.army.mil/MissionsNavipation.aspx.
Background
The Corps of engineers maintains two kinds of authorized federal navigation channels of several
shallow draft inlets of North Carolina. These include fixed channels and channels that follow
deep water. "Fixed channels" are authorized for width and depth and are fixed in location.
"Channels that follow deep water" are also authorized for width and depth, but the location of
the channel follows deep water. The Corps of Engineers routinely collects hydrographic surveys
of its navigation channels and will locate channels that follow deep water based on these surveys
in order to minimize dredging requirements of these channels. New Topsail Inlet, along with all
other shallow draft inlets in North Carolina, is maintained by the Corps of Engineers with its
side cast dredges. The Corps typically conducts maintenance dredging of New Topsail Inlet two
or three times per year.
Historically, New Topsail Inlet is subject to large bathymetric and inlet shoreline changes due to
daily beach and inlet processes and in response to coastal storms. The latest location of New
Topsail Inlet and its connecting channels is available from the website cited above.
A Department of the Army (DA) permit was issued to the town on June 15, 2009 to place
approximately 1,000,000 cubic yards of beach quality sand along the 24,700 linear feet of
developed shoreline on Topsail Island from an ocean borrow area, designated as "Borrow Area
X", located immediately southeast of New Topsail Inlet. In June 2010, the town submitted a
proposal to modify its DA permit to eliminate the offshore area, "Borrow Area V as a sand
source for the project and instead utilize material from the above mentioned federal channels and
disposal areas. In the winter of 2010/2011, the town completed the placement of approximately
-2-
1,000,000 cy from two Corps disposal areas, DA -189 and DA -203 and nearby federal navigation
channels.
Following Hurricane Irene, which bypassed the project area on August 27, 2011, town's
shoreline experienced substantial storm damage to its beaches. Subsequently, on November 9,
2011, an interagency pre- application meeting was held with the Town regarding the hurricane
related storm damage and the Town's potential proposal to dredge the federal channels of New
Topsail Inlet and Banks Channel and pump this material to the beaches of Topsail Beach. On
December 5, 2011, the Town submitted a permit application to perform dredging within the
federal channel of New Topsail Inlet and Banks Channel and to place this material along 12,500
feet of ocean front shoreline, within the Town of Topsail Beach. This proposal including
dredging approximately 701,600 cy within the federal channel of New Topsail Inlet and to
deepen the authorized channel depth of -16.0 ft plus 2.0 ft. In response to concerns regarding
this proposal, on December 12, 2011, the town re- submitted a permit application that reduced
the proposed depth of dredging in New Topsail Inlet to -8.0 ft plus 2.0 ft and reduced the
proposed dredge volume to approximately 300,000 cy. On February 21, 2012, a DA permit was
issued for this project. In March 2012, the project was completed with the placement of
approximately 147,500 cy of sand from material obtained from the adjacent federal navigation
channels onto Topsail Beach.
Applicant's Stated Purpose
The purpose of the proposed project is to obtain beach compatible sand in a cost - effective
manner and to maintain the originally designed beachfill project, protecting property and public
infrastructure within the Town of Topsail Beach.
Project Description
As part of a May 2012 monitoring effort, the Town of Topsail Beach conducted a bathymetric
survey in the adjacent federally- maintained channels of Topsail Creek, New Topsail Inlet, the
Crossover Channel, and Banks Channel. The town's project engineer (C. Gibson, GBA) has
determined from that survey and sediment data that enough beach compatible sand is available to
warrant a beach nourishment project. Volume of beach compatible sand available from these
borrow areas is estimated to be 891,000 cy, (Sheet 20 of 28).
The Town of Topsail Beach is proposing to dredge: (1) approximately 2,500 - linear feet of the
southern extent of Topsail Creek (Sheets 16 and 17 of 28), (2) approximately 4,100- linear feet of
New Topsail Inlet from Topsail Creek to the mouth of the inlet at the ebb shoals (Sheets 21 and
28 of 28), (3) the approximately 4,600 - linear foot Cross Channel between New Topsail Inlet and
Banks Channel (Sheet 21 of 28), and (4) shoaled areas within Banks Channel along the
approximately 28,300- linear feet adjacent to the Town.
-3-
A complete set of project plans is available at:
https:// Rba. eenvte. com /h- s/20130412/5c4ead544e554924
The project proposes to dredge beyond the federally- authorized depths in these sections of
Topsail Creek, New Topsail Inlet, and the Crossover Channel to depths of 12 +2, 16 +2, and 16 +2
respectively (Table 1). Bottom widths in Topsail Creek and the Crossover Channel are proposed
at 150 -ft which exceeds the federally- authorized widths of 80 -ft. Proposed dredging within
Banks Channel and would maintain federally- authorized dimensions. Proposed dredging would
follow the centerline of the channel and is not proposing to relocate or alter the channel
alignments. The proposed dredging is summarized in the following Table 1 below.
Table 1. Proposed Hvdraulic Dredging and Inland Borrow Areas.
*The application also notes that side channels off Banks Channel may be maintenance
dredged as needed to the federally- authorized depth of 7 +2 -ft and within the federally -
authorized 80 -ft width.
* * Fixed Authorized Navigation Channel
** *Authorized Navigation Channel that follows deep water.
** ** Previously Authorized & Maintained Federal Navigation Channel that follow deep water.
(The Corps is not planning to maintain this channel at this time).
All proposed dredging would be conducted from November 16th to March 31 st in order to avoid
times of peak biologic activity. A hydraulic, or cutter head suction, dredge would be used. No
upland borrow sources are requested, and no adjacent coastal marsh fringe would be directly
impacted.
-4-
Linear
Federally-
Federally-
Proposed
Proposed
Feet
Authorized
Authorized
Depth
Width
Dredge Area
Dredging
De th
Width
Topsail Creek * **
2,500 -1ft
7 +2 -ft
80 -ft
12 +2 -ft
150 -ft
(southern end)
New Topsail
4,100 -1ft
8 +2 -ft
150 -ft
16 +2 -ft
150 -ft
Inlet * **
(no change)
Crossover * * **
4,600 -1ft
7 +2 -ft
80 -ft
16 +2 -ft
150 -ft
channel
(New Topsail
Creek to Banks
Channel Banks
Banks Channel
28,300 -1ft
7 +2 -ft
80 -ft
7 +2 -ft
80 -ft
(portion adjacent
(Shoaled
no change)
(no change)
to Town of
areas along
Topsail Beach
that length)
incl. Sections 1
and 2)**
*The application also notes that side channels off Banks Channel may be maintenance
dredged as needed to the federally- authorized depth of 7 +2 -ft and within the federally -
authorized 80 -ft width.
* * Fixed Authorized Navigation Channel
** *Authorized Navigation Channel that follows deep water.
** ** Previously Authorized & Maintained Federal Navigation Channel that follow deep water.
(The Corps is not planning to maintain this channel at this time).
All proposed dredging would be conducted from November 16th to March 31 st in order to avoid
times of peak biologic activity. A hydraulic, or cutter head suction, dredge would be used. No
upland borrow sources are requested, and no adjacent coastal marsh fringe would be directly
impacted.
-4-
The proposed beach fill would be placed in the same footprint previously described in the
Supplemental Final Environmental Impact Statement (SFEIS) for the Topsail Beach Interim
Beach Nourishment Project and as authorized in the associated 2009 DA permit and its
subsequent 2010 -2011 modification. These previous authorizations allowed for nourishment of
24,700 -Ift of beach extending from approximately 1,000 -ft south of Goodwin Avenue to
approximately 2,000 -ft north of the Town limits. All beachfill would be placed within the 30-
year easement secured and utilized during the winter 2011 beach nourishment event.
A beach berm of varying width would be constructed to a height of 5 -ft (NAVD88) with a 1:25
fill slope extending from the waterward edge of the berm to the intertidal zone of the beach
(Sheets 13 -15 of 28). Included in the 23,576 -Ift is an approximately 500 -Ift transitional zone or
fill taper from Goodwin Avenue south and an approximately 500 -Ift transitional zone or northern
fill taper ending just beyond the Town limits.
The current project proposes to place beach compatible sand as defined by the NC CAMA (15A
NCAC 07H.0312) on 23,576 -Ift, or approximately 24,000 -Ift, of beach (Sheets 3 -12 of 28) within
the Town limits. Sediment testing has been conducted and found material in the proposed
borrow areas will comply with CAMA/CRC definitions of beach compatible material. The full
sediment report can be provided upon request.
Project Impacts
Dredging in New Topsail Inlet to a depth of 16 +2 -ft with 5:1 side slopes would result in an
effective dredge width of 310 -ft. This footprint would impact 12.4 -acres of shallow bottom
within the existing maintained channel and 49.7 -acres of shallow bottom outside the maintained
channel for side slopes. However, the increased depth proposed by the applicant would allow a
larger ocean- certified dredge to access the areas and would eliminate the need for a shallow -draft
side -cast dredge. According to the application, while the federally authorized channel width of
the inlet is 150 -ft, use of a side cast dredge has an effective width of 625 -ft wide due to the extent
of the side cast material deposited on adjacent inlet shoals. Although the proposed depth would
exceed the existing, maintained depths, the ability to utilize a hydraulic dredge would reduce the
effective area impacted from a 625 -ft width to a 310 -ft width. The applicant's project engineer
has estimated that placement of the dredged material on the beach rather than side casting the
material will reduce shallow bottom impacts in New Topsail Inlet by roughly 50 %. This is
based on an average area of side cast outside the federally- approved channel of 1.6 -acres per
100 -ft of dredged channel verses bottom impacts proposed by this project of roughly 0.76 -acres
per 100 -ft of dredged channel.
Dredging in Topsail Creek, Banks Channel and the Crossover Channel is estimated to impact
177.4 -acres of shallow submerged bottom, of which 152.9 -acres are within the maintained
federal navigation channel footprint and 24.5 -acres are the result of side slopes exceeding the
current footprint. All proposed dredging combined, including maintenance of the federal
channels, is estimated to impact a total of 239.5 -acres of shallow bottoms. Proposed dredging
outside the federal navigation channels will impact approximately 74.2 acres (49.7 ac in the inlet,
24.5 ac in the channels) of shallow bottom habitat.
-5-
Hydraulic dredging operations will utilize previously approved pipeline routes and entry points
onto the island. Established cross -over points on the island from the sound side to beach side
would reduce potential impacts to bird habitat at the southern end of the island and to turtle
habitat along the beach. The applicant proposes vehicle and equipment access points at Drum
Avenue, Crews Avenue, north of Strawberry Lane, and Humphrey Avenue in Topsail Beach.
The proposed beach fill would be placed in the same footprint previously authorized projects.
The beach fill would impact approximately 142.2 -acres of intertidal areas below MHW and 35.2 -
acres above MHW.
The proposed project has been designed to avoid and minimize shallow bottom impacts by
replacing side cast dredging operations in the inlet with beach material disposal on the beach and
reducing the frequency of dredging of shallow bottom habitats within the inlet and connecting
channels. In addition, the proposed pipeline routes are designed to avoid impacts to nesting
shorebirds and sea turtles. The numbers of equipment access points are reduced to further
minimize adverse impacts to shorebirds and sea turtles. The applicant is not proposing any
mitigation or monitoring for this project.
Other Required Authorizations
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). In addition, pursuant to 33CFR 325.2(b)(2), the
Corps cannot issue a permit for the proposed work until the applicant has demonstrated
and the North Carolina Division of Coastal Management (NCDCM) has concurred that the
proposed activity complies with and will be conducted in a manner that is consistent with
the approved North Carolina Coastal Zone Management Program. This consistency
determination may come in the form of a Coastal Area Management Act (CAMA) permit.
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.
INI
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 bZ the applicant,
including the proposal the conduct dredging and beach fill from November 16 to March 31St,
and consulted the latest North Carolina Natural Heritage Database. Based on this information,
the Corps has determined pursuant to the Endangered Species Act of 1973, that the proposed
project will have no effect on federally listed endangered or threatened species or their formally
designated critical habitat.
Evaluation
The decision whether to modify the existing 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.
-7-
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 5 pm, June 1, 2013.
Comments should be submitted to Dave Timpy, Project Manager, 69 Darlington
Avenue, Wilmington, N.C. 28403. He may be also reached at (910) 251 -4634 or
david.l.timpy@usace.army.mil.
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