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US Army Corps PUBLIC NOTICE
Of Engineers
Wilmington District
Issue Date: January 10, 2014
Comment Deadline: February 11, 2014
Corps Action ID Number: SAW- 2005 -00344
(ORM #2004- 00344)
The Wilmington District, Corps of Engineers (Corps) received a request from the Town
of North Topsail Beach seeking a permit modification to their current Department of the
Army (DA) authorization issued on May 27, 2011 to relocate the New River Inlet ebb
tide channel and to conduct beach nourishment along 11.1 miles of North Topsail Beach
oceanfront shoreline in Onslow County, North Carolina. The modification request
consists of combining Phase 3 to the DA permit modification issued on September 26,
2013, which rescheduled the construction timeframe and implementation of Phase 5. The
proposal is to construct Phase 3 and Phase 5 during a single event.
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.anny. mil /Missions/RegulatoryPermitPro am.aspx. Also, please
reference the December 2009 Final Environmental Impact Statement (EIS), the May 27,
2011 DA authorization and April 13, 2011 Record of Decision (ROD), and the
September 26, 2013 DA Permit Modification.
Applicant: Mr. Stuart Turille, Town Manager
Town of North Topsail Beach
2008 Loggerhead Court
North Topsail Beach, North Carolina 28460
AGENT (if applicable): Coastal Planning & Engineering of North Carolina, Inc.
C /o: Mr. Brad Rosov
CB &I
4038 Masonboro Loop Road
Wilmington, North Carolina 28409
Authority
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) p WMH
1 42014
Z 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)
Location
The Phase 3 project site, 34 °29' 12.59" N & 77 °25'48.52 "W, starts at the northeast end of
Phase 5 and terminates just northeast of the NC Hwy 210 high rise bridge, encompassing
approximately 2.1 miles of North Topsail Beach oceanfront shoreline; and also includes
an offshore borrow source located approximately 0.5 mile directly offshore from the high
rise bridge in Onslow County, North Carolina.
Existing Site Conditions
Phase I of the original permit was implemented during the 2012/2013 dredging window
and work was completed by February 2013. This phase included the relocation of the
New River ebb tide channel with a cutter head dredge and the placement of an estimated
566,244 cubic yards of dredged material along approximately 7,500 linear feet of the
north - northeast ocean shoreline of North Topsail Beach. No other phases, including
Phase 5, of the original permit have been constructed.
The Phase 3 beach fill placement area is an approximate 2.1 mile stretch (of the original
11.1 miles) along the southwest ocean shoreline of North Topsail Beach, and shares the
northeast boundary line with Phase 5. Like Phases 14, this section, originally part of the
Central Section of the project, is located within the Coastal Barrier Resource System
(CBRS), which prohibits the expenditure of Federal funds pursuant to the Coastal Barrier
Resource Act of 1982 (CBRA -82) and the Coastal Barrier Improvement Act of 1990
(CBIA -90). Being in the CBRS and ineligible to receive Federal funds, this Central
Section of North Topsail Beach is not included in the U.S. Army Corps of Engineers
study area for the development of Topsail Island long -term Federal shoreline protection
plan.
Applicant's Stated Purpose
One of the main purposes for the Town's original construction timeframe, as specified in
the 'May 27, 2011 DA permit, was due to financial limitations and scheduling. After the
implementation of Phase 1, the Town secured an USDA loan to finance the construction
of Phase 5, which was authorized via September 26, 2013 DA permit modification.
Planned construction for Phase 5 was to take place during the 2013/2014 dredging
window. However, work was not initiated as planned due to high construction bids and
the low availability of dredge plants. With the year delay, the Town is requesting to
include the Phase 3 segment with the Phase 5 permit modification. Town officials are
currently in the process of seeking a redesignation of the Federal CBRS within their town
2
boundaries and a determination is expected sometime spring of 2014. If the CBRS
designation is removed along the Town's oceanfront shoreline, specifically for Phase 3,
then the Town would be eligible for Federal monies to conduct the nourishment activity.
This will increase their probability of funding Phase 3 via additional USDA Loan, thus
the desire to combine with Phase 5.
Project Description
Project plans consist of combining Phase 3 with Phase 5 into a single beach nourishment
event scheduled to take place during the 2014/2015 dredging window. Phase 5 would be
constructed as outlined in the September 26, 2013 DA permit modification, which consist
of increasing the beach fill footprint to 50 -92 cubic yards per linear foot (averaging 75 cy
per lft) being similar to the other phases. Phase 3 was originally scheduled to take place
four years after the construction of Phase 1 (relocation of the New River Inlet ebb
channel). It is expected that the inlet channel would require maintenance and the material
extracted during the maintenance event would be placed along the designated Phase 3
footprint. With the initial inlet channel relocation not occurring until 2012/2013 dredging
window, maintenance is not proposed. Currently, the Town's proposal is to use the
approved offshore borrow site as a source of material for the 2.1 mile stretch of Phase 3
shoreline. This borrow source will be used for both Phase 3 and Phase 5 beach
placement. The design template and fill density for Phase 3 remains unchanged.
However, the original volume needed for beach fill will increase from 393,800 cubic
yards to 560,000 cubic yards. The volume difference is accounted to the offshore borrow
site containing less coarse material than the inlet channel source. Plans to use coarse
material at the nearshore hardbottom areas remain unchanged and will adhere to the
"perched beach method" set forth in the original permit dated May 27, 2011.
All other original plans for Phase 3, along with Phase 5, as stipulated in the FEIS, ROD,
May 27, 2011 DA authorization, and September 26, 2013 Permit Modification (for Phase
5) remain unchanged. This includes the use of the offshore borrow area, utilization of a
cutter head dredge, and the implementation of all mitigation, minimization, and
avoidance measures outlined in Section 6.0 of the FEIS and in the Special Conditions of
the DA authorization.
Avoidance and Minimization
The applicant provided the foilowing information in support of efforts to avoid andior
minimize impacts to the aquatic environment: All mitigation, minimization, and
avoidance measures outlined in Section 6.0 of the December 2009 FEIS and the May 27,
2011 DA authorization remain valid.
3
Compensatory Mitigation
The applicant offered the following compensatory mitigation plan to offset unavoidable
functional loss to the aquatic environment: All mitigation, minimization, and avoidance
measures outlined in Section 6.0 of the December 2009 FEIS and the May 27, 2011 DA
authorization remain valid.
Essential Fish Habitat
Pursuant to the Magnuson- Stevens Fishery Conservation and Management Act, this
Public Notice initiates the Essential Fish Habitat (EFH) consultation requirements. The
Corps' initial determination is that the proposed project may affect, but not likely to
adversely affect EFH or associated fisheries managed by the South Atlantic or Mid
Atlantic Fishery Management Councils or the National Marine Fisheries Service
(NMFS).
With the implementation of the permit modification, no additional effects (direct,
indirect, or cumulative) to fisheries are expected to be incurred outside of what has been
previously documented in the original permit. All potential direct, indirect, and
cumulative impacts to EFH and other fishery resources associated with the proposed
modification activities can be referenced in the original September 2009 EFH
Assessment. NOTE: Through coordination with NMFS on August 5, 2013, an
amendment to the 2009 assessment will not be prepared for this permit modification.
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 initially determines that:
® No historic properties, nor properties eligible for inclusion in the National
Register, are present within the Corps' permit modification area (offshore borrow
area and Phase 3 placement footprint); therefore, there will be no historic
properties affected. The Corps subsequently requests concurrence from the
SHPO.
NOTE: As a result of the January 21, 2008 cultural resource survey during the
original permit review, no historic properties, nor properties eligible for inclusion
in the National Register, were present within the offshore borrow area or the
Phase V placement area. By letter dated March 12, 2008, SHPO concurred with
the findings in that original survey. Special Condition No. 13 of the May 27,
2011 permit remains valid and states, "If submerged cultural resources are
encountered during the operation, the USACE will be immediately notified so that
4
coordination can be initiated with the Underwater Archeology Unit (UAU) of the
Department of Cultural Resources. In emergency situations, the permittee should
immediately contact the UAU at (910- 458- 9042), Fort Fisher, so that a full
assessment of the artifacts can be made."
The District Engineer's final eligibility and effect determination will be based upon
coordination with the SHPO and/or THPO, as appropriate and required, and with full
consideration given to the proposed undertaking's potential direct and indirect effects on
historic properties within the Corps - identified permit area.
Endangered Species
Pursuant to the Endangered Species Act (ESA) of 1973, under purview of U.S. Fish and
Wildlife Service ( USFWS) and the NMFS Protective Resources Division, the Corps
reviewed the project area, examined all information provided by the applicant, consulted
the latest North Carolina Natural Heritage Database, and reevaluated the November 2009
Biological Assessment (BA) for the original permit and the August 29, 2013
Supplemental Biological Assessment (BA) for the Phase 5 permit modification. The
August 2013 Supplemental BA included potential impacts to USFWS and NMFS's
recent and separate proposals to list Critical Habitats for the loggerhead sea turtle
(Caretta caretta) subject to each agencies purview, and the proposed Federal listing for
Rufa red knot (Calidris canutus rufa) subject to USFWS purview. This Supplemental
BA will be cross - referenced for Phase 3 borrow source since it has been previously
addressed via Phase 5 evaluation and consultation.
The project area for the Phase 3 modification request is included in the November 2009
BA overall project area and was part of the evaluation during our original ESA review
and consultation. Based on this new available information:
® The Corps determines that the proposed project modification may affect, not
likely to adversely affect federally listed endangered or threatened species or their
formally or proposed designated critical habitat. An addendum to the
Supplemental BA will be provided to USFWS and NMFS that will address
potential effects of Phase 3 that have not been addressed in the November 2009
BA or the August 2013 Supplemental BA. The Corps reinitiates informal
consultation and conferencing under Section 7 of the ESA with each agency and
will not make a permit decision until the consultation process is complete.
NOTE: In our previous consultation associated with the original permit and the
Phase 5 permit modification requests, both the USFWS and NMFS concluded that
the activity is not likely to adversely affect any of the listed species and /or critical
habitat under their purview. All Special Conditions of the May 11, 2011 DA
authorization and the September 26, 2013 DA permit modification associated
with threatened and endangered species remain valid.
5
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). The receipt
of the application and this public notice, combined with the appropriate application fee, at
the NCDWR Central Office in Raleigh constitutes initial receipt of an application for a
401 Certification. A waiver will be deemed to occur if the NCDWR fails to act on this
request for certification within sixty days of receipt of a complete application. Additional
information regarding the 401 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 February 11, 2014 to:
NCDWR Central Office
Attention: Ms. Karen Higgins, 401 and Buffering Permitting Unit
(LISPS mailing address): 1650 Mail Service Center, Raleigh, NC 27699 -1650
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 consistency certification. As the application did not include the consistency
certification, the Corps will request, upon receipt, concurrence or objection from the
NCDCM.
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
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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 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.
The Corps of Engineers, Wilmington District will receive written comments pertinent to
the proposed work, as outlined above, until 5pm, February 11, 2014. Comments should
be submitted to Mr. Mickey Sugg, Wilmington Regulatory Field Office, 69 Darlington
Avenue, Wilmington, North Carolina 28403, at (910) 251 -4811, or by c -mail at
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NOTES:
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LEGEND:
- - - - -- EXISTING GRADE
DESIGN
------ - - - - -- TOLERANCE
- - MHW
MLW
-1Uu u 100 200 300 400 500 600 700 800
DISTANCE FROM MONUMENT (FEET)
V ; N COA ur ONE XEMVj% N(C. 'E NORTH TOPSAIL BEACH, NORTH CAROLINA
we.m NEW RIVER INLET CHANNEL REALIGNMENT AND BEACH RESTORATION
m p w ."`. Wln TYPICAL PROFILE IN THE VICINITY OF NEARSHORE HARD BOTTOM (STA. 840+00 A00+
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VARIES
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LEGEND:
- - - - - - EXISTING GRADE
DESIGN
------ - - - - -- TOLERANCE
— — MHW
MLW
-100 0 100 200 300 400 500 600 700 800
DISTANCE FROM MONUMENT (FEET)
+ 11 w > COAW" PLAWaUG a awunmtwo, INO. T�"E NORTH TOPSAIL BEACH, NORTH CAROLINA
v a .w . "�. OF NOa•m CAIMUNA, INC.
"' NEW RIVER INLET CHANNEL REALIGNMENT AND BEACH RESTORATION
u ""1R 9ANC1' d` TYPICAL PROFILE OUTSIDE THE VICINITY OF NEARSHORE HARDBOTTOM