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HomeMy WebLinkAbout20211014 Ver 1_MCAS Cherry Point Living Shoreline_CCD_20211014 1/11 COASTAL CONSISTENCY DETERMINATION FOR WO# 6973177 - INSTALL LIVING SHORELINE, AND WO#7044421 REPI SHORELINE PROJECT MARINE CORPS AIR STATION CHERRY POINT, CRAVEN COUNTY, NC 14 October 2021 The United State Marine Corps (USMC) has determined that implementing the proposed action would not result in any significant adverse impact to North Carolina’s coastal zone. 1. Background Marine Corps Air Station (MCAS) Cherry Point, North Carolina has identified a critical need to protect shoreline areas at MCAS Cherry Point in Craven County, North Carolina. The shoreline sustained significant damage from Hurricane Florence which impacted the area in September 2018. The purpose of this project is to provide improvements that will preserve the shoreline areas from erosion or further degradation. MCAS Cherry Point previously commissioned the completion of two studies that formulated the basis of the Scope of Work for this project, as follows: A. Bulkhead Condition Assessment Report [Bulkhead Report] MCAS, Cherry Point, North Carolina Prepared by: NRW Engineering, PC 748 Lord Dunmore Drive, Suite 101 Virginia Beach, VA 23464 July 31, 2018 B. Living Shoreline Stabilization Study [Shoreline Report] MCAS, Cherry Point, North Carolina Prepared by: LG2 Environmental Solutions, Inc. 10475 Fortune Parkway, Suite 201 Jacksonville, FL 32256 October 29, 2018 The Bulkhead Report provides a condition assessment of multiple bulkhead segments at MCAS, Cherry Point, North Carolina and at Bombing Target 11 (BT-11) in Carteret County, North Carolina. 2/11 The Shoreline Report provides a preliminary structural evaluation of existing bulkheads as of October 2017 (prior to Hurricane Florence) and provides conceptual site layouts incorporating living shoreline stabilization at various shoreline segments. Copies of each of these reports are available for review, if desired. Based upon the information contained in these studies and upon a general assessment of shoreline and bulkhead conditions after Hurricane Florence, MCAS Cherry Point developed a priority list of project areas to be addressed. The projects were configured based upon priority, type of work, anticipated permitting actions and the anticipated timing of funding and execution. This permit application addresses three areas: Install Living Shoreline WO# 6973177 (areas 1 and 2) and REPI Shoreline Project WO#7044421 (REPI). A detailed description of each project area is outlined below: This project proposes the installation of a granite rip rap sill along the shoreline of the Neuse River in three project areas. Each area is designated to receive shoreline stabilization through the implementation of Living Shoreline Techniques. A total of approximately 12,036 LF of shoreline will be stabilized in the project. For permitting purposes and at the request of the US Army Corps of Engineers, these two projects are being combined under a single permit application. The shoreline along this area of the air station is undeveloped or is lightly developed with a mixture of recreational, industrial and residential structures. The undeveloped shoreline areas are adjoined by woodlands. In most instances where development has occurred on adjacent upland areas, the shoreline area has been protected with vertical bulkheads or rip rap. Water depths in the project area were documented to vary between 0 to 4 feet. There are no significant structures in the project area that conflict with the proposed construction. For each of the project areas, a granite rip rap sill is proposed to be installed waterward of the normal water level (mean sea level) a distance of 15 feet to 30 feet. The rip rap sill will be constructed with a 2:1 side slope with a 3 foot wide flat top. The rock sills will be segmented to facilitate flushing and cross-shore movement of marine life. The rip rap will be placed on a geogrid fabric on the natural bottom. A total of 12,036 LF of granite rip rap sill will be installed as follows: “Install Living Shoreline – WO# 6973177” – Project Area 1 7,605 LF “Install Living Shoreline – WO# 6973177” – Project Area 2 2,114 LF “REPI Shoreline Project – WO# 7044421" 2,317 LF 3/11 No fill will be placed behind the sill or on the shoreline. Spartina alterniflora will be planted along the current intertidal zone along the entire length of the sill. Plantings will be installed by hand at a spacing of 18 inches on center in the 8-10 foot wide intertidal zone. 2. Federal Activity The purpose of the project is to install shoreline stabilization measures along shoreline areas at MCAS Cherry Point. Existing estuarine shorelines were eroded significantly from storm events. The proposed work will utilize living shoreline techniques that will preserve and protect the shoreline areas from further degradation and erosion. The proposed work is consistent to the maximum extent practicable with the federally approved North Carolina Coastal Management Program. A Pre-Construction Notification is necessary to properly execute the project. Due to the total cumulative impacts to open waters, the US Army Corps of Engineers will issue an Individual Permit (IP) for the project. Both the North Carolina Division of Water Resources and U.S. Army Corps of Engineers have been notified and must review and approve the project. All necessary permit applications have been made to properly execute the project. 3. Areas of Environmental Concern The Coastal Resources Commission (CRC) defines Areas of Environmental Concern (AEC) as areas of natural importance which may be easily destroyed by erosion or flooding; or areas that may have environmental, social, economic, or aesthetic values that provide value. The CRC has established four categories of AECs which are: The Estuarine and Ocean System The Ocean Hazard System Public Water Supplies Natural and Cultural Resource Areas. 4. Relevant Coastal Area Policies 15A NCAC 07H .0200 ESTUARINE AND OCEAN SYSTEMS a. 15A NCAC 07H .0205 COASTAL WETLANDS – defines and establishes management objectives for coastal wetlands “to conserve and manage coastal wetlands so as to safeguard and perpetuate their biological, social, and economic and aesthetic values; to coordinate and establish a management system capable of conserving and utilizing coastal wetlands as a natural resource essential to the functioning of the entire estuarine system”. 4/11 There are no coastal wetlands identified in the project areas. All project work will occur within open water. There are coastal wetlands adjacent to and near the project areas; however, these wetlands will not be impacted by the proposed project. Plantings in the intertidal zone will encourage the development of coastal wetlands. The project as proposed is consistent with the general use standards and specific use standards found in 15A NCAC 07H .0205. b. 15A NCAC 07H .0206 ESTUARINE WATERS – defines and establishes management objectives for estuarine waters in order “to conserve and manage the important features of estuarine waters so as to safeguard and perpetuate their biological, social, aesthetic, and economic values; to coordinate and establish a management system capable of conserving and utilizing estuarine waters so as to maximize their benefits to man and the estuarine and ocean system”. All project work will occur below the Mean High Water Level (MHW). Estuarine/ open water bottoms will be impacted by the footprint of the constructed granite sill. Turbidity curtains will be employed around all in-water work areas to reduce potential damage from sediment. All work will be completed via shallow draft barges and long-reach excavators. Geogrid will be installed on the river bottom using hand labor. No wetland areas will be impacted by the proposed construction. The project as proposed is consistent with the general use standards and specific use standards found in 15A NCAC 07H .0206. c. 15A NCAC 07H .0207 PUBLIC TRUST AREA – defines and establishes management objectives in order “to protect public rights for navigation and recreation and to conserve and manage the public trust areas so as to safeguard and perpetuate their biological, economic, and aesthetic value”. The project will not adversely affect the value of coastal uses and will not affect the public’s right or access to use the water. The project areas are located adjacent to MCAS Cherry Point. Access to the installation is controlled and the installation is not open to the public. No work to be performed shall affect navigation of the channel. The proposed project would not impact coastal resources or prohibit access to coastal resources by the public. The project as proposed is consistent with the general use standards and specific use standards found in 15A NCAC 07H .0207. d. 15A NCAC 07H .0208 USE STANDARDS – defines general and specific use standards necessary to protect coastal resources including but not limited to primary nursery areas, shellfish beds, Outstanding Resource Waters, and beds of submerged aquatic vegetation (SAVs). 5/11 None of the in-water project areas are located within waters designated as primary nursery areas, shellfish beds, Outstanding Resource Waters (ORW), or areas containing Submerged Aquatic Vegetation (SAVs). The project as proposed is consistent with the general use standards and specific use standards found in 15A NCAC 07H .0208. e. 15A NCAC 07H .0209 COASTAL SHORELINES – defines and establishes management objectives to ensure that “shoreline development is compatible with the dynamic nature of coastal shorelines as well as the values and the management objectives of the estuarine and ocean system.” Other objectives are to conserve and manage the important natural features of the estuarine and ocean system. The project will occur along estuarine shorelines. The proposed action (a granite sill) is proposed to limit further degradation of shoreline areas. Extensive erosion and damage to adjacent vegetation has occurred over the last two years, particularly, from Hurricane Florence (September 2018). The project as proposed is consistent with the general use standards and specific use standards found in 15A NCAC 07H .0209. 5. Coastal Area Policies CAMA GENERAL POLICY GUIDELINES The North Carolina CAMA sets forth 11 General Policy Guidelines, addressing: a. Shoreline erosion policies; b. Shorefront access policies; c. Coastal Energy policies; d. Post-disaster policies; e. Floating structure policies; f. Mitigation policies; g. Coastal water quality policies; h. Policies on use of coastal airspace; i. Policies on water- and wetland-based target areas for military training areas; j. Polices on beneficial use and availability of materials resulting from the excavation or maintenance of navigational channels; and k. Polices on ocean mining. The purpose of these rules is to establish generally applicable objective and policies to be followed in the public and private use of land and water areas within the coastal area of North Carolina. The following is an analysis of the applicability of these policies to the proposed action and the projects’ lack of impact on North Carolina’s coastal zone. a. 15A NCAC 07M .0200 SHORELINE EROSION POLICIES 6/11 One specific goal of this project is to eliminate or limit the potential of shoreline erosion and degradation of the estuarine shoreline area. Shoreline stabilization methods proposed are within the policies, Rules and Regulations established by CAMA. The estuarine shoreline at MCAS Cherry Point was severely impacted by recent hurricane events. This project will address shoreline erosion issues at the most critically damaged areas and will prevent future erosion. b. 15A NCAC 07M .0300 SHOREFRONT ACCESS POLICIES The project is located in public trust waters adjacent to Marine Corps Air Station Cherry Point. The air station is not accessible by the general public. Since the project does not affect the public’s access to water, the policy is not applicable. c. 15A NCAC 07M .0400 COASTAL ENERGY POLICIES Since the project does not involve the development of any major energy facilities these policies are not applicable. d. 15A NCAC 07M .0500 POST DISASTER POLICIES All project work will be completed in accordance with 15A NCAC 07M .0500, Post- Disaster Policies. e. 15A NCAC 07M .0600 FLOATING STRUCTURE POLICIES The policy states that a “floating structure” is any structure, not a boat, supported by a means of flotation, designed to be used without a permanent foundation, which is used or intended for human habitation or commerce. This project does not include any floating structures so this policy does not apply. f. 15A NCAC 07M .0700 MITIGATION POLICY The project design at all project areas includes reasonable means and measures to lessen impacts to the environment and to enhance the environment where possible. The project work will significantly reduce the potential for shoreline erosion and damage, particularly during severe weather events. None of the proposed project work requires mitigation. The Division of Water Resources and the US Army Corps of Engineers will review and issue a 401/404 Permit for the proposed work. The proposed project is in compliance with 15A NCAC 07M .0700. 7/11 g. 15A NCAC 07M .0800 COASTAL WATER QUALITY POLICIES The proposed project is in compliance with 15A NCAC 07M .0800, Coastal Water Quality Policies. The project work will not result in a degradation of water quality in the project area. New sources of runoff or pollution will not be created by the proposed action. The project will result in a more resilient shoreline through living shoreline techniques for stabilization in multiple project areas which will enhance habitat and improve water quality by reducing sediment inputs from continued erosion. h. 15A NCAC 07M .0900 POLICIES ON USE OF COASTAL AIRSPACE The project does not involve use of coastal airspace. The policy is not applicable to this project. i. 15A NCAC 07M .1000 POLICIES ON WATER – AND WETLAND-BASED TARGET AREAS FOR MILITARY TRAINING AREAS The project does not have water and wetland based target areas for military training. The policy is not applicable to this project. j. 15A NCAC 07M .1100 POLICIES ON BENEFICIAL USE AND AVAILABILITY OF MATERIALS RESULTING IN EXCAVATION OR MAINTENANCE OF NAVIGATIONAL CHANNELS The project work does not include any dredging activities that would generate materials that would be of any beneficial use. k. 15A NCAC 07M .1200 POLICIES ON OCEAN MINING This project does not involve ocean mining, therefore, this policy does not apply. 6. Craven County Coastal Management Land Use Policies The CAMA required local governments in each of the 20 coastal counties in the state to prepare, implement, and enforce a land use plan and ordinances consistent with established state and federal policies. Specifically, local policy statements are required on resource protection; resource production and management; economic and community development; continuing public participation; and storm hazard mitigation, post-disaster recovery, and evacuation plans. Upon approval by the North Carolina Coastal Resources Commission, each plan becomes part of the North Carolina Coastal Management Plan. 8/11 The 2007/2008 – 2008/2009 Craven County Land Use Plan was adopted by the County Board of Commissioners and certified by the Coastal Resources Commission on October 30, 2009. The Plan includes the local policies required by the Coastal Resources Commission to meet the standards for land use planning and development in Areas of Environmental Concern. Table 1 contains a list of Craven County’s comprehensive plan policies and their applicability to this project. 9/11 Table 1 Craven County Land Use/Coastal Zone Management Policies # Policies Applicability to Project Public Access P1 Craven County supports providing shoreline access for persons with disabilities. Consistent P2 Craven County supports the frequency of shoreline access as defined by 15A NCAC 7M, Section .0300, Shorefront Access Policies. Consistent P3 Craven County supports state/federal funding of piers for crabbing and fishing. Not Applicable P4 Craven County supports the development of estuarine access areas to ensure adequate shoreline access within all areas of the county. Areas that have traditionally been used by the public will be given special attention, including existing bridges and bridge replacements. Not Applicable P5 Craven County opposes the loss/abandonment of any facilities dedicated to public shoreline/water access. Consistent P6-P18 Residential Policies Not Applicable P19 -P25 Commercial Policies Not Applicable P26 – P34 Industrial Policies Not Applicable Conservation Policies P35 Craven County supports the preservation of its rural/agricultural areas. Not Applicable P36 Craven County encourages the Croatan National Forest to maintain land holdings (no land swaps) within the vicinity of Cherry Point. These forest areas serve as protection from encroachment. Not Applicable P37 Residential, commercial, and industrial development which meets 15A NCAC 7H use standards will be allowed in estuarine shoreline, estuarine water, and public trust areas. In all other areas, development will be allowed that is consistent with applicable local, state, and federal regulations. Consistent P38 Craven County supports the enforcement of local, state, and federal regulations and programs that minimize the threat to life and property from flooding. Not Applicable P39 Craven County supports the use of erosion control structures in estuarine shoreline areas. Consistent P40 All development should be designed to protect Protected Lands and Significant Natural Heritage Areas. Not Applicable P41 Craven County will use local land use ordinances to identify development which includes 404 and coastal wetlands. Not Applicable P42 Craven County opposes the establishment of any state freshwater wetlands regulations. Not Applicable P43 Craven County supports the construction of new marinas which comply with the policies of this plan and all other state/federal regulations. Not Applicable P44 Craven County will continuously monitor the effects of sea level rise and update the land use plan policies as necessary to protect the county’s public and private properties from rising water levels. Not Applicable P45 There are no estuarine system islands of any significance in Craven County’s jurisdiction. For those islands which do exist, Craven County does not oppose development of the islands if the development satisfies the 15A NCAC 7H use standards. Not Applicable 10/11 # Policies Applicability to Project P46 Craven County supports the construction of docks and piers if they are in compliance with applicable policies of this plan and state/federal regulations. Consistent P47 Craven County will allow construction of dry stack storage facilities for boats associated either with or independent of marinas. All applicable state and federal regulations must be satisfied. Not Applicable P48 Floating homes are not an issue or problem in Craven County. The county will consider prohibiting the anchoring of floating homes within mooring fields. Not Applicable Stormwater Control P49 Craven County and its participating municipalities will support reducing soil erosion, runoff, and sedimentation to minimize the adverse effects on surface and subsurface water quality. Consistent P50 Craven County and its participating municipalities support the enforcement of all controls and regulations, specifically design standards, tie-down requirements, construction and installation standards, elevation requirements, floodproofing, CAMA regulations, and FEMA regulations deemed necessary by the Board of Commissioners to mitigate the risks of lives and property caused by severe storms and hurricanes. Consistent P51 Craven County supports the discharge of stormwater runoff into coastal wetlands if the associated construction and development does not damage coastal wetland areas, and is permitted under applicable North Carolina Storm Water regulations. Not Applicable P52 Craven County supports reducing soil erosion, runoff, and sedimentation to minimize the adverse effects on surface and subsurface water quality. Consistent P53 Craven County supports implementation of the Tar-Pamlico, Neuse and White Oak River Basinwide Water Quality Plans. Consistent P54-P65 Water and Sewer Policies Not Applicable P66-P78 Transportation Policies Not Applicable P79-P84 Natural Hazard Areas Consistent Water Quality P85 At a minimum, Craven County will rely on 15A NCAC 7H to protect water quality. Consistent P86 Craven County supports protection of its surficial waters and potable water supply. Consistent P87 Craven County recognizes the value of water quality maintenance to the protection of fragile areas and to the provision of clean water. Consistent P88 Craven County supports the enforcement of local, state, and federal regulations and programs that protect water quality. Consistent P89 Craven County supports wetlands “created” to aid in treating waste effluent. Not Applicable P90 Craven County supports conserving its surficial groundwater resources. Not Applicable P91 Craven County opposes the disposal of any toxic wastes, as defined in the US Environmental Protection Agency’s Listing of Hazardous Substances and Priority Pollutants (developed pursuant to the Clean Water Act of 1977), within its planning jurisdiction. Not Applicable P92 Craven County recognizes the value of water quality maintenance to the protection of fragile areas and to the provision of clean water for recreational purposes and supports the control of stormwater runoff to aid in the preservation of water quality. The county will support existing state regulations relating to stormwater runoff resulting from development (Stormwater Disposal Policy 15 NCAC 2H.001- .1003) Consistent 11/11 # Policies Applicability to Project P93 Craven County supports regulation of underground storage tanks in order to protect its groundwater resources. Not Applicable P94 Craven County supports the policy that all State of North Carolina projects should be designed to limit to the extent possible stormwater runoff into coastal waters. Consistent P95 Craven County supports implementation of the Tar-Pamlico, Neuse, and White Oak River Basin Water Quality Management Plans. Consistent P96 Craven County supports all aquaculture activities which meet applicable federal, state, and local policies and permit requirements. However, Craven County reserves the right to comment on all aquaculture activities which require Division of Water Quality permitting. Consistent P97- P100 Cultural, Historic and Scenic Areas Not Applicable P101- P113 Economic Development Consistent P114- P117 Military /Community Cooperation Consistent P118- P130 General Health and Human Service Needs Not Applicable P131- P136 Community Appearance Not Applicable P137- 139 Redevelopment Not Applicable 7. Conclusion In conclusion, after careful consideration of the proposed action, Marine Corps Air Station Cherry Point has determined that implementing the proposed action is consistent with the relevant enforceable policies of North Carolina’s Coastal Management Program and will have no adverse impacts to coastal resources. This was based on the review of the proposed project against the enforceable policies of the North Carolina Coastal Management Program and Craven County’s comprehensive plan policies.