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HomeMy WebLinkAbout20140484 Ver 1_401 Application_20140514401 WQC /Buffer Application To: Joanne Steenhuis, Wilmington Regional Office From: 401 & Buffer Permitting Unit, Central Office Date: 5/19/2014 DWQ #: 14 -0484 Project Pivers Island Utility Infrastructure County: Carteret Name: & Seawall Repair Project 60 -day Processing Time: 6, 11 2 /1 n th Fu 7 /1 - 11 n ® Please review attached application /additional information. ❑ This is an Individual Permit, needs the Public Notice. ® This is a "Courtesy Copy" and is located in Laserfiche. ❑ Restoration Project NOT for mitigation (issued by RO). A copy has been given to Eric. ❑ Non -EEP mitigation project (issued by RO). A copy has been given to Eric. ❑ EEP full delivery project (issued by RO). A copy has been given to Eric. ❑ EEP design -bid build project (issued by RO). A copy has been given to Eric. ❑ EEP Mitigation Review Portal — Comments to Eric — 30 Day clock ©BLACK & VEATCH 2 0 1 4 0 4 8 4 BLACK & VEATCH SPECIAL PROJECTS CORP � Building a world of difference^ 200 BELLEVUE PARKWAY, STE 215 WILMINGTON, DE 19809 USA +1913 -458 -6757 1 mcburneySM @bv com May 12, 2014 Wilmington Regulatory Field Office United States Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 -1343 Lg�o L f RE. Nationwide Permit 3 - Maintenance Pre - Construction Notification NOAA National Ocean Service CCFHR, Pivers Island, Beaufort, NC Seawall Repair Project W1 AY 1 3 20 14 On behalf of the National Oceanic and Atmospheric Administration (NOAA), Black & Veatch respectfully submits this Pre - Construction Notification (PCN) for Nationwide Permit (NWP) 3 for a seawall repair project on the National Ocean Service (NOS) Center for Coastal Fisheries Habitat Research (CCFHR). The Project is located on the western side of Plvers Island, Town of Beaufort, Carteret County, North Carolina. Plvers Island is a 25 -acre island shared jointly by the NOAA, NOS CCFHR on the northern half of the island and the Duke University Marine Laboratory (DUML) on the southern half of the island. The CCFHR campus is home to two components of NOAA, the NOS and the National Marine Fisheries Service (NMFS). The Project proposes the repair of an 800 -foot section of existing seawall on the western side of the Island that was damaged during Hurricane Sandy in 2012. The damage involves undercutting of the existing structure which is causing sinkholes to form on the landward side and threatens the Integrity of the structure. The method of repair will be installation of poly- vinyl chloride (PVC) sheet piling which will be capped to fuse the existing seawall and the sheet piling together. The sheet piling is designed to cease additional undercutting and the fusing of the two structures would increase the structure integrity of the seawall. This PCN for NWP 3 is being submitted for approval for permanent fill in Section 10 of the US Rivers and Harbors Act of 1899 waters (Bulkhead Channel), which is also a NCDENR High Quality Water. In coordination with Joanne Steenhuis a separate Section 401 Water Quality Certification from the NC Division of Water Quality will not be required; however, two (2) copies of this PCN will be provided for record. A CAMA Consistency Determination has been submitted separately to the North Carolina Division of Coastal Management ( NCDCM), but concurrently with this PCN and a copy is included. A copy of NCDCM concurrence can be provided once received An Environmental Assessment (EA) has also been prepared in accordance with the requirements of the National Environmental Policy Act regulations of the Council on Environmental Quality and NOAA Administrative Order 216 -6 Environmental Review Procedures for Implementing the NEPA is also included (on CD). The EA has been finalized and a copy of the FONSI will be made available at request. MAY 12, 2014 J PAGE 2 Construction is scheduled to begin in July 2014. As a result, if you have any questions or require additional information, please do not hesitate to contact me at (913)458 -6757 or mcburneysm@bv.com. Thank you for your time and attention to this request. Very tr lyyours, BLAC & V ATH SP IAL PROJECTS CORP 44� /' Scott McBurney Environmental Project Man cc: Michael Randall (NOAH) Bob Hillman (B &V) Joanne 5teenhuis (NCDWQ) PRECONSTRUCTION NOTIFICATION FOR NATIONWIDE PERMIT 3 — MAINTENANCE NOAA NOS Center for Coastal Fisheries Habitat Research Seawall Repair Project Pivers Island, Beaufort, NC 0 v z B &V PROJECT NO. 042620 a 0 N T E 0 PREPARED FOR U C U pTMOSPyFR,C T 90 > ' Z p O 4 O z z G U!V Q- . OVA ��4i �RrMENT of co National Oceanic and Atmospheric Administration MAY 12, 2014 0 BLACK & VEATCH Building a World of difference. National Oceanic and Atmospheric Administration I PCN FOR NWP 3 Table of Contents 1 Preconstruction Notification for Nationwide Permit 3 ...... ............................... 1 1.1 Project Name ................................................................................................. ..............................1 1.2 Applicant Information .............................................................................. ..............................1 1.3 Project Location ........................................................................................... ..............................2 1.4 Surface Waters ............................................................................................. ..............................2 1.5 Project Information .................................................................................... ..............................2 1.5.1 Existing Conditions .......................................................................... ..............................2 1.5.2 Project Purpose .................................................................................. ..............................2 1.5.3 Detailed Project Description ........................................................ ..............................3 1.6 Jurisdictional Determinations ............................................................... ..............................3 1.6.1 Wetlands ............................................................................................... ..............................3 1.7 Environmental Impacts ............................................................................ ..............................4 1.7.1 Open Water Impacts ........................................................................ ..............................4 1.8 Avoidance and Minimization ................................................................. ..............................4 1.8.1 Project Design ..................................................................................... ..............................4 1.8.2 Best Management Practices ......................................................... ..............................5 1.9 Stormwater Management and Diffuse Flow Plan ........................ ..............................6 1.9.1 Stormwater Management Plan ................................................... ..............................6 1.10 Environmental Documentation ............................................................ ..............................6 1.11 Other Federal or State Correspondence ........................................... ..............................6 1.11.1 Endangered Species & Designated Critical Habitat ........... ..............................6 1.11.2 Essential Fish Habitat ..................................................................... ..............................8 1.11.3 Historic or Prehistoric Cultural Resources ........................... ..............................9 1.11.4 Flood Zone Designation ................................................................. ..............................9 LIST OF TABLES Table 1. Nationwide Permit General and Regional Conditions Summary. FIGURES Figure 1 Site Location Map Figure 2 Site Layout Map Figure 3 NWI Wetlands Map Figure 4 FEMA Flood Zones Map LIST OF ATTACHMENTS Attachment A. Environmental Assessment (under separate cover on CD) Attachment B. Representative Color Photographs of Existing Conditions BLACK & VEATCH I TABLE OF CONTENTS National Oceanic and Atmospheric Administration I PCN FOR NWP 3 Attachment C. Plan View of Seawall and Location of Turbidity Barrier Attachment D. Cross Section View of the Seawall Retrofit Detail Attachment E. Federal and State Resource Agency Consultation. Attachment F. CAMA Consistency BLACK & VEATCH I TABLE OF CONTENTS National Oceanic and Atmospheric Administration I PCN FOR NWP 3 PRE - CONSTRUCTION NOTIFICATION (PCN) FORM FOR U.S. ARMY CORPS OF ENGINEERS, WILMINGTON DISTRICT wjArF�9 °� oNii�-c Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Page 1 of 10 PCN Form — Version 1.4 January 2009 Pre - Construction Notification (PCN) Form A. Applicant Information 1. Processing 1a. Type(s) of approval sought from the Corps: Q Section 404 Permit Q Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 3 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? Q Yes ❑ No 1d. Type(s) of approval sought from the DWQ (check all that apply): ❑ 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: X❑ Yes ❑ No For the record only for Corps Permit: ❑ Yes ❑X No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑ Yes ❑X No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑X Yes ❑ No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? Q Yes ❑ No 2. Project Information 2a. Name of project: Pivers Island Utility Infrastructure and Seawall Repair Project 2b. County: Carteret 2c. Nearest municipality / town: Beaufort 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: Parcel ID# 639620903752000 (United States of America) 3b. Deed Book and Page No. Deed Book 310; Page 93 3c. Responsible Party (for LLC if applicable): N/A 3d. Street address: N/A 3e. City, state, zip: Washington, D.C., 20240 3f. Telephone no.: N/A 3g. Fax no.: N/A 3h. Email address: N/A Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ❑X Agent ❑ Other, specify: 4b. Name: Scott McBurney 4c. Business name (if applicable): Black & Veatch 4d. Street address: 200 Bellevue Parkway, Suite 215 4e. City, state, zip: Wilmington, DE 19809 4f. Telephone no.: (913) 458 -6757 4g. Fax no.: (302) 798 -0201 4h. Email address: McBurneySM @bv.com 5. Agent/Consultant Information (if applicable) 5a. Name: 5b. Business name (if applicable): 5c. Street address: 5d. City, state, zip: 5e. Telephone no.: 5f. Fax no.: 5g. Email address: Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 6396.20.90.3752000 1 b. Site coordinates (in decimal degrees): Latitude: see attached report Longitude: see attached report 1c. Property size: 11 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Bulkhead Channel 2b. Water Quality Classification of nearest receiving water: SA and ORW 2c. River basin: White Oak River Basin 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: See attached report, Section 1.5.1 - Existing Conditions 3b. List the total estimated acreage of all existing wetlands on the property: 0.46 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 0 3d. Explain the purpose of the proposed project: See attached report, Section 1.5.2 - Project Purpose 3e. Describe the overall project in detail, including the type of equipment to be used: See attached report, Section 1.5.3 - Detailed Project Description 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? ❑ Yes ❑X No ❑ Unknown Comments: 4b. If the Corps made the jurisdictional determination, what type of determination was made? ❑ Preliminary ❑ Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Agency /Consultant Company: Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? El Yes ❑X No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes X❑ No 6b. If yes, explain. Page 3 of 10 PCN Form — Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1a. Which sections were completed below for your project (check all that apply): ❑ Wetlands ❑ Streams —tributaries ❑ Buffers ❑X Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Wetland impact number Permanent (P) or Temporary T 2b. Type of impact 2c. Type of wetland 2d. Forested 2e. Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f. Area of impact (acres) W1 Choose one Choose one Yes /No W2 Choose one Choose one Yes /No W3 Choose one Choose one Yes /No W4 Choose one Choose one Yes /No W5 Choose one Choose one Yes /No W6 Choose one Choose one Yes /No 2g. Total Wetland Impacts: 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. Stream impact number Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 Choose one S2 Choose one S3 Choose one S4 Choose one S5 Choose one S6 Choose one 3h. Total stream and tributary impacts 3i. Comments: Page 4 of 10 PCN Form — Version 1.4 January 2009 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then indivi ually list all open water impacts below. 4a. Open water impact number Permanent (P) or Temporary T 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 P Bulkhead Channel Fill Estuary 0.018 02 Choose one Choose 03 Choose one Choose 04 Choose one Choose 4f. Total open water impacts 4g. Comments: See attached report, Section 1.71 - Open Water Impacts 5. Pond or Lake Construction If pond or lake construction proposed, the complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f. Total: 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? ❑ Neuse ❑ Tar - Pamlico ❑ Catawba ❑ Randleman ❑ Other: 6b. Buffer Impact number- Permanent (P) or Temporary T 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet ) 6g. Zone 2 impact (square feet B1 Yes /No B2 Yes /No B3 Yes /No B4 Yes /No B5 Yes /No B6 Yes /No 6h. Total Buffer Impacts: 6i. Comments: Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. See attached report, Section 1.81 - Project Design 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. See attached report, Section 1.8.2 - Best Management Practices 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ❑ Yes Q No 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank El Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type: Choose one Type: Choose one Type: Choose one Quantity: Quantity: Quantity: 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: Choose one 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non - riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 PCN Form — Version 1.4 January 2009 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires Yes X No buffer mitigation? 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes Q No within one of the NC Riparian Buffer Protection Rules? 1b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑ No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 1.78% 2b. Does this project require a Stormwater Management Plan? ❑ Yes ❑x No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: See attached report, Section 1.9.1 - Stormwater Management Plan 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: 2e. Who will be responsible for the review of the Stormwater Management Plan? 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? NOT APPLICABLE ❑ Phase II ❑ NSW 3b. Which of the following locally - implemented stormwater management programs ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been El Yes ❑ No attached? 4. DWQ Stormwater Program Review NOT APPLICABLE ❑Coastal counties ❑HQW 4a. Which of the following state - implemented stormwater management programs apply ❑ORW (check all that apply): ❑Session Law 2006 -246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 5. DWQ 401 Unit Stormwater Review NOT APPLICABLE 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 8 of 10 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1a. Does the project involve an expenditure of public (federal /state /local) funds or the ❑X Yes ❑ No use of public (federal /state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑X Yes ❑ No (North Carolina) Environmental Policy Act (NEPA /SEPA)? 1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ❑ Yes X❑ No letter.) See attached report, Section 1.10 - Environmental Documentation Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, E] Yes ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after - the -fact permit application? ❑Yes ❑X No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in El Yes 0 No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non- discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. This project does not involve the disposal of wastewater or sewage, therefore this requirement is not applicable. Page 9 of 10 PCN Form — Version 1.4 January 2009 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ❑ Yes Q No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑X Yes ❑ No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? See attached report, Section 1.11.1 - Endangered Species 8 Designated Critical Habitat 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑X Yes ❑ No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? See attached report, Section 1. 11.2 - Essential Fish Habitat 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes Q No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? See attached report, Section 111.3 - Historic or Prehistoric Cultural Resources 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA - designated 100 -year floodplain? Q Yes ❑ No 8b. If yes, explain how project meets FEMA requirements: See attached report. Section 1. 11.4 - Flood Zone Designation 8c. What source(s) did you use to make the floodplain determination? FEMA Flood Insurance Risk Maps Scott McBurney 5/12/2014 Applicant/Agent's Printed Name Date Ap lican Agent'Pis nature (Agent's signature is valid on authorization letter from the a lice 'provided.) Page 10 of 10 National Oceanic and Atmospheric Administration I PCN FOR NWP 3 1 Preconstruction Notification for Nationwide Permit 3 The National Oceanic and Atmospheric Administration (NOAA), National Oceanic Service (NOS), Center for Coastal Fisheries and Habitat Research (CCFHR) is proposing to repair an existing seawall from the northern access bridge approximately 800 linear feet south on the western side of Pivers Island in Beaufort, Carteret County, North Carolina. This project is part of a larger project that includes an underground electrical and telecommunications utility conduit installation project. A National Environmental Policy Act (NEPA) Environmental Assessment (EA) has been prepared to evaluate the potential environmental impacts of the project, including the seawall repair. A copy of the EA is included in Attachment A. The seawall repair component of the project is the only portion of the project that requires a Section 10 of the River and Harbors Act of 1899 and Section 404 of the Clean Water Act Nationwide Permit approval and is the subject of this Preconstruction Notification (PCN). The proposed Pivers Island Sea Wall Repair Project, herein referred to as the project, will be constructed under the specifications of Nationwide Permit 3, Maintenance. The Nationwide Permit 3 defines maintenance as, "The repair, rehabilitation or replacement of any previously authorized, currently serviceable structure or fill authorized by 33 CFR 330.3, provided that the structure or fill is not to be put to uses differing from those uses specified or contemplated for it in the original permit or the most recently authorized modification." The proposed project qualifies for a Nationwide Permit 3 because it involves the repair of an existing, previously authorized seawall structure that is in need of repair. Since the construction activities associated with the seawall repair will require the installation of a structure (the polyvinyl chloride [PVC] sheet piling) in a Water of the United States and the deposition of fill material into a navigable water (Bulkhead Chanel), a Section 404 of the Clean Water Act and a Section 10 of the Rivers and Harbors Act of 1899 NWP approval will be required. A summary of the Nationwide Permit General and Regional Conditions and how the project satisfies each of these conditions is provided in Table 1. 1.1 PROJECT NAME Pivers Island Sea Wall Repair Project 1.2 APPLICANT INFORMATION Applicant's Name & Address: Michael Randall, RA National Oceanic & Atmospheric Administration Project Planning and Management Division - Eastern Region 601 E. 12th Street, Room 1749 Kansas City, MO 64106 Applicant's Phone Number: Authorized Agent's Name & Address: Scott McBurney, Project Manager Black & Veatch Special Projects Corporation Bellevue Park Corporate Center 200 Bellevue Parkway, Suite 215 Wilmington, DE 19809 Authorized Agent's Phone Number: (816)426 -7815 (913)458 -6757 National Oceanic and Atmospheric Administration I PCN FOR NWP 3 1.3 PROJECT LOCATION The project will be completed on Pivers Island, the Town of Beaufort, in Carteret County, North Carolina. Pivers Island is a 25 -acre island that is located near the southern end of North Carolina's Outer Banks. Pivers Island is located within Tax Parcel Number (PIN15) 6396.20.90.3752000 and is bordered by downtown Beaufort to the east, Highway 70 to the north, and Radio Island to the west. The project location coordinates of the northern end of the Pivers Island seawall are (Latitude North 34.719781" Longitude West 76.673244 °) and the southern end of the seawall are (Latitude North 34.717642" Longitude West 76.673156 °) A Site Location Map of the Project Site and the location of the seawall is presented in Figure 1. 1.4 SURFACE WATERS Pivers Island is surrounded by estuarine waters of Bulkhead and Beaufort Channels which are part of the White Oak River Basin. The North Carolina Division of Water Quality (DWQ) subdivides the White Oak River Basin into 5 sub basins. Pivers Island is located in Subbasin 05 which encompasses Bogue and Core Sounds and comprises the estuary of Beaufort Inlet Bogue and Core Sound are classified "SA'- tidal salt waters that are used for commercial shellfishing or marketing purposes and "ORW" - Outstanding Resource Waters, a subset of High Quality Waters (HQW) that are intended to protect unique waters having excellent water quality and being of exceptional state or national ecological or recreational significance. 1.5 PROJECT INFORMATION 1.5.1 Existing Conditions Pivers Island is shared jointly by the National Oceanic and Atmospheric Administration's (NOAA), National Ocean Service (NOS) Center for Coastal Fisheries Habitat Research ( CCFHR) and the Duke University Marine Laboratory (DUML). There are two separate campuses on the island, one is the NOAA CCFHR which is shared by NOAA and North Carolina National Estuarine Research Reserve (NCNERR) and encompasses the northern half of the island; the other is the DUML which is located on the southern half of Pivers Island. The island currently houses office and laboratory space for NOAA, Duke University and the NCNERR. The existing seawall runs along the western edge of Pivers Island from the northern bridge accessing the island to the northern boundary of the Duke University property. An 800 foot section of seawall was damaged during Hurricane Sandy in 2012 and the ground behind the structure is subsiding. Representative color photographs highlighting the current condition of the existing seawall are provided in Attachment B 1.5.2 Project Purpose The purpose of this project is to repair an 800 foot section of existing seawall that was damaged during Hurricane Sandy in 2012. The western seawall repair will not only repair the undermining damage from Hurricane Sandy, it will provide reinforcement and strength to withstand force winds and wave action from future storms events. A Site Layout Map showing the location of the seawall is presented in Figure 2. National Oceanic and Atmospheric Administration I PCN FOR NWP 3 1.5.3 Detailed Project Description NOAA NOS plans to repair an 800 foot section of seawall that runs along the western edge of Pivers Island from the northern bridge accessing the island to the northern boundary of the Duke University property. The following list provides details of the project construction; ■ Repair the existing seawall from the northern access bridge approximately 800 linear feet south to the Duke University property boundary on the western side of Pivers Island. ■ A PVC sheet piling with fill design is the proposed solution for the seawall repair application. The PVC sheet piling will be installed adjacent to the existing seawall. Plans are to install the sheet piling entirely from a boat or small barge on the water -side of the existing seawall (which will remain in place). An interstitial space medium will be placed in between the old and new seawall to prevent further erosion or structural integrity .K•��iKar��� The construction equipment will only be operated during higher tide events (mid -tide to high -tide back to mid - tide). The boat /small barge will not be present during low tide and other extraordinary low water events to prevent contact with the un- vegetated channel bottom, an EFH. A five -foot concrete cap or maintenance free vinyl top cap walk -way system with a no- slip texture surface will be constructed over both seawalls as if one seawall existed. Only marine - grade, type 316 stainless steel fasteners will be used (no galvanized anchors). ■ The installation will be environmentally friendly and use a non - invasive waterside solution which will avoid and minimize impacts to waters of the U.S. Construction is scheduled to begin in late summer /fall 2014. Plan and cross section views of the Seawall Vinyl Sheet Piling Retrofit Detail are provided in Attachments C and D. 1.6 JURISDICTIONAL DETERMINATIONS 1.6.1 Wetlands Background information including the USFWS National Wetland Inventory (NWI) Mapping (see Figure 4.9 -1), Soil Survey of Carteret County, North Carolina (1987) and aerial photographs were reviewed to determine the likelihood of wetlands to be present on the western side of Pivers Island in the general location of the seawall. Based on the USFWS NWI there are 0.46 acres of wetlands located on the CCFHR campus. A wetland classified as E2EM1P (estuarine wetlands) is located on the eastern side of the island associated with the Beaufort Channel and a wetland classified as E2EM1P is located on the northern shore opposite Pivers Island and west of the northern access bridge and access road. No wetland areas were identified near the seawall location. A wetland assessment was conducted by Scott McBurney of Black & Veatch on November 20, 2013 at the CCFHR campus to determine the presence /absence of wetlands and, if any were present, the extent and location of those wetlands. All wetland determinations were conducted in accordance with the Corps of Engineers Wetlands Delineation Manual 1987 and the National Oceanic and Atmospheric Administration I PCN FOR NWP 3 Regional Supplement to the Corps of Engineers Wetland Delineation Manual. Atlantic and Gulf Coastal Plain Region (Version 2.0) 2010. The area of estuarine wetlands (E2EM1P) mapped by the USFWS NWI on the eastern side of the island associated with Beaufort Channel and the western side of the access road on the shore north of the island were confirmed. No other wetlands were observed on the CCFHR campus or the area west of the island where the proposed seawall will be installed. A map of the USFWS National Wetlands at the Project Site is presented in Figure 3. 1.7 ENVIRONMENTAL IMPACTS The project will not impact wetlands, streams, buffers, ponds or lakes. The project will permanently impact open waters. 1.7.1 Open Water Impacts The construction activities associated with the seawall repair will require the installation of the sheet piling and the deposition of fill material into Bulkhead Chanel, a navigable Section 404 Water and a Section 10 Water of the United States. The total acreage of permanent impacts to Section 404 and 10 waters is approximately 0.018 acres (800 square feet) Changes in the bottom elevation of waters within the project area will not occur because the sheet piling will be driven into the bottom, no trench excavation will occur to install the sheet piling. Submerged aquatic vegetation does not occur within the project area or immediate vicinity; therefore, impacts to this resource will be avoided. Oyster beds exist in the project area and the immediate vicinity. Oysters currently reside on the existing seawall and will have to be removed and relocated water -ward of the PVC sheet piling in order to appropriately repair the structure. Because other oyster colonies exist within several feet of the seawall, it would be expected that the oysters will recolonize on the repaired seawall and return to preconstruction conditions. To the maximum extent possible, best management practices (BMPs) such as turbidity barriers and avoiding nearby oysterbeds will be utilized to prevent impacts to the oyster beds in the vicinity of the project area. 1.8 AVOIDANCE AND MINIMIZATION 1.8.1 Project Design NOAA employs a programmatic approach which includes a variety of techniques, activities, BMPs, and work processes to avoid and /or minimize environmental impacts. Construction methodology considerations have been integrated during the planning process. The following measures have been taken to avoid or minimize the proposed impacts: A PVC sheet piling with fill design was chosen as the proposed solution for the seawall repair application since it is less invasive than a riprap design and provides superior erosion /undercutting resistance. In order to minimize fill and permanent impacts to Waters of the US, the PVC sheet piling will be installed immediately adjacent to the existing seawall. The sheet piling will be constructed from a boat /small barge entirely water -side of the existing seawall (which is to remain in place) and if needed, an interstitial space medium will be placed National Oceanic and Atmospheric Administration I PCN FOR NWP 3 in between the old and new seawall to prevent further erosion or structural integrity concerns. The boat /small barge will only be used during higher tide events (mid -tide to high -tide back to mid - tide). The boat /small barge will not be present during low tide and other extraordinary low water events to prevent contact with the un- vegetated channel bottom. 1.8.2 Best Management Practices 1.8.2.1 Sediment and Erosion Control BMPs for sediment and erosion control will be employed to avoid and minimize discharges of sediment into waters of the United States outside of the project area. These BMPs will be in accordance with the North Carolina Sedimentation Control Commission, North Carolina Department of Environment and Natural Resources and the North Carolina Agricultural Extension Service Erosion and Sediment Control Planning and Design Manual revised May 2013 to prevent sediment entry into any waterway. To reduce and minimize potential impacts from sediment suspension and to mitigate for potential impacts, a turbidity barrier will be used as a BMP during construction in the waters of Bulkhead Channel. 1.8.2.2 Non Vegetated Flats The installation of the seawall will take place entirely waterside of the existing seawall and construction will occur from a boat or small barge. The non - vegetated flats within the project area have the potential to be temporarily impacted as a result of the boat /small barge coming in contact with the bottom. As a BMP to mitigate for this potential impact, installation activities will be limited to a time period of mid -tide through high -tide back to mid -tide to avoid the boat /small barge coming in contact with the bottom. The boat /small barge will not be present during low tide and other extraordinary low water events and will be removed after the sheet piling is installed. 1.8.2.3 Shellfish Beds To mitigate the impact to oysters located on the existing seawall, individuals would be removed from the existing seawall and relocated water -ward of the PVC sheet piling. After the sheet piling has been installed, it is expected that the oysters will recolonize the new seawall. The oyster beds on the rock structures associated with the northern access bridge and the beach breakwater on the southern portion of the project area are located several feet away from the proposed PVC sheet piling installation and BMPs will be used to avoid these beds during construction activities. 1.8.2.4 Threatened Endangered Species The West Indian manatee and Atlantic sturgeon have the potential to occur in Bulkhead Channel; however, any individuals would occur as transients since no critical habitat for these species exists within the project area. In order to minimize potential impacts on these species, the activities involved with the repair will occur within shallow waters where there is no habitat for the species and construction will occur in late summer /early fall when the manatee is not in North Carolina waters. National Oceanic and Atmospheric Administration I PCN FOR NWP 3 1.9 STORMWATER MANAGEMENT AND DIFFUSE FLOW PLAN 1.9.1 Stormwater Management Plan The overall percent imperviousness of this project is 1.78 %. This project does not require a Stormwater Management Plan because an approved plan for the CCFHR campus already exists. This plan includes the implementation of BMPs that minimize environmental impacts to estuarine waters surrounding the island such as vegetated stormwater swales, rain gardens and cisterns to reduce pollutant loads. These BMPs are also designed to minimize the flow of contaminants from the CCFHR campus to the surrounding channels during normal operation. During construction, the installation of the seawall will comply with all National Pollutant Discharge Elimination System (NPDES) and North Carolina Division of Energy, Mineral and Land Resources for soil erosion sediment controls and stormwater management for potential temporary impacts to surface water quality including contaminants. Additionally, the soil erosion, sediment control and storm water management of the seawall construction will be based on the North Carolina Sedimentation Control Commission, North Carolina Department of Environment and Natural Resources and the North Carolina Agricultural Extension Service Erosion and Sediment Control Planning and Design Manual revised May 2013. As such, turbidity barriers will be used during the repair of the seawall. In addition, a CAMA Consistency Determination for the project is currently under review by the North Carolina Department of Environment and Natural Resources, Division of Coastal Management. An evaluation of the project determined that in accordance with Section 307 (c) (1) of the Federal Coastal Zone Management Act of 1972, as amended, the project is, to the maximum extent practicable, consistent with all applicable standards set forth in North Carolina's Coastal Management Program. Since a Stormwater Management Plan (that the project will adhere to) is already in place on the CCFHR campus, the project is consistent with all applicable North Carolina's Coastal Management Program standards and the increase in imperviousness of the project is negligible (1.78 %), this project will not require a Stormwater Management Plan. 1.10 ENVIRONMENTAL DOCUMENTATION The project is located on federally owned land and is being funded by NOAA, a federal government agency. The project required the preparation of an nvironmental document pursuant to the requirements of the Nation Environmental Policy Act (NEPA). An Environmental Assessment (EA) for the NOAA NOS Center for Coastal Fisheries Habitat Research Utility Infrastructure and Seawall Repair Project is currently under review and will be submitted to the State Clearing House once final approval has been granted. 1.11 OTHER FEDERAL OR STATE CORRESPONDENCE Correspondence with federal and state resource agencies are provided in Attachment E and summarized in the following subsections. 1.11.1 Endangered Species & Designated Critical Habitat The USFWS Federal Listing of Endangered Species, Threatened Species and Species of Special Concern for Carteret County, North Carolina indicate the species in Table 1.11 -1 are known to occur within the County. National Oceanic and Atmospheric Administration I PCN FOR NWP 3 Table 1.11.1 -1: USFWS Listing Threatened and Endangered Species Carteret County, North Carolina Puma concolor cougar Trichechus manatus Ertmochelys imbricata Lepidochelys kempii Dermochyls coriacea Picoides borealis Stera dougalli Acipenser breviostrum Lysimachia asperulaefolia Alligator Mississippiensis Chelonia mydas Caretta caretta Charadrius melodus melodus Amaranthus pumilus Eastern cougar West Indian manatee Hawksbill sea turtle Kemp's ridley sea turtle Leatherback sea turtle Red - cockaded woodpecker Roseate tern Shortnose sturgeon Rough - leaved loosestrife American alligator Green sea turtle Loggerhead Sea Turtle Piping Plover Seabeach amaranth Endangered Endangered Endangered Endangered Endangered Endangered Endangered Endangered Endangered Threatened Threatened Threatened Threatened Threatened A consultation letter was submitted to the USFWS to identify any documented federally listed species on or within close proximity to the CCFHR campus. In a response letter dated January 24, 2014, the USFWS indicated "the proposed action is not likely to adversely affect any federally - listed endangered or threatened species, their formally designated critical habitat, or species currently proposed for listing under the (Endangered Species) Act." The USFWS has determined that the requirements of the Section 7(a) (2) of the ESA have been satisfied. NOAA NMFS maintains a list of federal listed threatened and endangered marine species. Species potentially occurring adjacent to or within close proximity to Pivers Island are presented in Table 4.11 -2. Table 1.11.1 -2: National Marine Fisheries List of Federal Marine Threatened and Endangered Species. Balaenoptera musculus Balaenoptera physalus Megaptera novaeangliae Eubalaena glacialis Balaenoptera borealis Physeter macrocephalus Eretmochelys imbricata Lepidochelys kempii Acipenser brevirostrum Dermochelys coriacea Chelonia mydas Blue whale Endangered Finback whale Endangered Humpbalck whale Endangered Right whale Endangered Sei whale Endangered Sperm whale Endangered Hawksbill sea turtle Endangered Kemp's ridley sea turtle Endangered Shortnose sturgeon Endangered Leatherback sea turtle Endangered Green sea turtle Threatened 7 National Oceanic and Atmospheric Administration I PCN FOR NWP 3 Caretta caretta Loggerhead sea turtle Threatened A consultation letter was submitted to the NMFS to identify any documented federally listed species or important fishery resources, including EFH on or within close proximity to the CCFHR campus. In a consultation response dated January 30, 2014, the NMFS indicated that only Kemp's ridley, green and loggerhead sea turtles and the shortnose and Atlantic sturgeon have the potential to occur within the project area; however, no critical habitat has been designated within the project area. The North Carolina NCDENR Natural Heritage Program (NHP) indicated in a letter dated January 9, 2014 that the federal and state listed threatened or endangered species in Table 4.11- 3 potentially occur on or within close proximity to the CCFHR campus. Table 1.11.1 -3: NCDENR Documented Federal and State Threatened and Endangered Species Acipenseroxyrinchus Atlantic sturgeon Endangered Erythrina herbacea Coralbean Tricheachus manatus West Indian manatee Endangered Special Concern Endangered Endangered Several species of federal and state listed threatened and endangered species are documented to occur on or within close proximity to Pivers Island and the CCFHR campus. The species identified through the consultation process with the NCDENR NHP indicated that three species; West Indian manatee, Atlantic sturgeon and coralbean are documented to occur on or adjacent to the site. Coralbean is not located on the CCFHR campus; therefore, no impacts to this flora species are anticipated and no mitigation is proposed. The West Indian manatee and Atlantic sturgeon have potential to occur in Bulkhead Channel; however, any individuals would occur as transients since no critical habitat for these species exists within the project area. Additionally, the activities involved with the repair of the seawall will not result in any "take" or "harassment" of the West Indian manatee under the MMPA as the construction for the seawall will occur within shallow waters where there is no habitat for the species and construction will occur in late summer /early fall when the manatee is not in North Carolina waters. As a result, the repair of the seawall may have minor temporary impacts to these two species resulting in potential displacement of transient individuals; however, upon construction completion, the area will return to preconstruction conditions. As a result, no mitigation for these species is anticipated and none was requested from the USFWS. 1.11.2 Essential Fish Habitat Essential Fish Habitat (EFH) within close proximity to the seawall repair location includes estuarine wetlands, shellfish beds (oysters) and mud bottom. The proposed PVC sheet piling will be installed immediately adjacent to, but no more than 1 foot from, the existing seawall as conditions allow, which will avoid the estuarine wetland areas on the north and south end of the seawall repair project area. As a result, no impacts to estuarine wetlands are anticipated and no mitigation is proposed. National Oceanic and Atmospheric Administration I PCN FOR NWP 3 The shellfish beds located on the existing seawall will be adversely impacted as a result of the seawall repair which is expected to be temporary. To mitigate the impact to the oysters, individuals would be removed from the existing seawall and relocated water -ward of the PVC sheet piling. After the sheet piling has been installed, it is expected that new oysters will recolonize the new seawall. Oyster beds located adjacent to the project area will be avoided. Other potential temporary impacts to the waters of Bulkhead Channel that could potentially impact EFH include sediment suspension during the PVC sheet piling installation. To reduce and minimize potential impacts from sediment suspension and to mitigate for potential impacts, a turbidity barrier will be used as a BMP during construction. Temporary impacts to fish species may occur from the presence of the boat /small barge, human activity and noise associated with installation of the sheet piling; however, these impacts are expected to be temporary, minimal and not significant Additionally, to mitigate for any potential impact the boat /small barge will have on the mud bottom, the boat /small barge will only be used during higher tide events (mid -tide to high -tide back to mid - tide). The boat /small barge will not be present during low tide and other extraordinary low water events to prevent contact with the un- vegetated bottom. After the sheet piling is installed, the boat /small barge will be removed, human activity and noise will cease and impacts to fish species resulting from this activity will cease. Based on the minimization of impacts, avoidance and mitigation measures proposed, it is anticipated that any potential adverse impact will be, minimal, temporary and will not be substantial. An EFH Assessment consistent with 50 CFR 600.920(e)(3)i -iv of the Magnuson- Steven Fishery Conservation Act (Magnuson- Stevens Act) was prepared and submitted to the NMFS for review. 1.11.3 Historic or Prehistoric Cultural Resources A consultation letter was sent to the North Carolina (NC) Department of Cultural Resources State Historic Preservation Office (SHPO) on December 16, 2013 requesting concurrence that the proposed project would not have any significant adverse impacts on cultural or historical resources within the project area. In a response letter dated December 31, 2013 the NC SHPO concurred that they are not aware of any historic resources that would be adversely affected by the project. 1.11.4 Flood Zone Designation The CCFHR campus is shown on FEMA FIRM panel # 3720639600J for Carteret County, North Carolina. The majority of the campus is located within Flood Zone AE with an elevation of 8 feet above MSL. As presented in Figure 4, the seawall is located entirely within the 100 -year floodplain. The seawall repair project meets FEMA requirements since it is intended to protect the western shore of Pivers Island from storms, flooding events and potential erosion. The existing seawall was damaged during Hurricane Sandy and if it is not repaired it will continue to be undermined and the wall will eventually fail. When this occurs, excessive erosion to the western edge of the CCFHR Campus will introduce uncontrolled soil and sediment into Bulkhead Channel, a body of water that is considered an Outstanding Water Resource. Also, National Oceanic and Atmospheric Administration I PCN FOR NWP 3 once the seawall fails, the entire structure will have to be replaced; this will be more invasive, costly and will cause greater impact to water resources than repairing the wall with the installation of the sheet piling. National Oceanic and Atmospheric Administration I PCN FOR NWP 3 TABLES Pivers Island Seawall Repair Project Table 1 Nationwide Permit General and Regional Conditions Summary GENERAL CONDITIONS 1 Navigation No adverse effect on navigation would occur as a result of the proposed project. All construction work associated with the seawall repair will be completed close to the bank of the channel and the PVC Sheet Piling will be installed immediately adjacent to the existing seawall, but no more than 1 -foot from the existing seawall which and will not adversely affect navigation within Bulkhead Channel. 2 Aquatic Life Movements The project will not substantially disrupt the necessary life cycle movements of aquatic species indigenous to Bulkhead Channel. The existing seawall repair would not restrict low flows or otherwise hinder the movement of species that normally migrate through the area. No culvert installations or impounding of water is proposed as any part of the project. 3 Spawning Areas The Project will be conducted along the edge of Bulkhead Channel. As a best management practice, turbidity barriers will be placed around in -water work areas to prevent sediment from entering surface waters. Additionally, construction is scheduled for the late summer 2014 which is after fish spawning has occurred. 4 Migratory Bird Breeding Areas The project is not being conducted in a migratory bird breeding area; therefore, this condition does not apply. 5 Shellfish Beds Oysters are currently located on the existing seawall and will have to be removed due to the seawall repair. Since oyster beds are also considered EFH, these oysters will be relocated waterward of the PVC sheet piling and once construction is complete, it is expected that additional oysters will recolonize the seawall and return to preconstruction conditions. No impact to commercial shell fish beds will occur since Pivers Island is located in a shellfish closure area due to sanitation and is not classified as an oyster sanctuary. 6 Suitable Material All fill Material used for construction of this project will be free from toxic pollutants in toxic amounts. 7 Water Supply Intakes There are no public water supply intakes in close proximity to the proposed project area; therefore, this condition does not apply. 8 Adverse Effects from Impoundments There are no impoundments of water proposed as part of this project; also there will be no adverse effects to the aquatic system due to accelerating the passage of water, and /or restricting its flow; therefore, this condition does not apply. 9 Management of Water Flows The preconstruction course, condition, capacity and location of open waters will be fully maintained at the conclusion of the proposed activities. The project will not impede existing water flows. 10 Fills within 100 -year Floodplain The project will involve fill within a 100 -year floodplain; however, no adverse impacts to the floodplain will occur since the seawall repair is intended to protect the western shore of Pivers Island from storms, flooding events and potential erosion. The project also complies with FEMA floodplain management requirements. BLACK & VEATCH Pivers Island Seawall Repair Project 11 Equipment Construction equipment will access the Project in areas of Section 10 waters using a small barge or boat in order to minimize soil disturbance, vegetation impacts and other potential impacts to the greatest extent practicable. No project work will be conducted in wetlands or mudflats. 12 Soil Erosion and Sediment Control Best management practices (e.g. turbidity barriers) will be employed to control sediment erosion and siltation. All soil erosion and sediment control methods will be in accordance with the North Carolina Erosion and Sediment Control Planning and Design Manual to prevent re -entry into any waterway. 13 Removal of Temporary Fills No temporary fill will be involved with this project and therefore does not apply. 14 Proper Maintenance All structures will be properly maintained by NOAA after construction, including maintenance to ensure public safety. 15 Single and Complete Project The Project is a single and complete project in which the NWP will be used once. 16 Wild and Scenic Rivers Bulkhead Channel is not a component of the National Wild and Scenic River System, or in a river officially designated as a "study river ". 17 Tribal Rights No tribal rights will be impaired by the proposed project. 18 Endangered Species Consultation was submitted to the USFWS and NOAA Marine Fisheries Service and NCDENR on December 16, 2013. A response from the USFWS was received stating that "the proposed action is not likely to adversely affect any federally - listed endangered or threatened species, their formally designated critical habitat, or species currently proposed for listing under the Act." The response letter also recommended that "all practicable measures be taken to avoid adverse impacts to aquatic species including stringent sediment and erosion control measures ". A response from NOAA MFS stated that five species listed under the Endangered Species Act (Kemp's Ridley Turtle, Green Turtle, Loggerhead Turtle, Shortnose Sturgeon and Atlantic Sturgeon) potentially exist within the project area and that no critical habitat has been designated within the project area. The consultation process with the NCDENR identified three species documented to occur on or adjacent to the site; West Indian manatee, Atlantic sturgeon and coralbean. A site inspection conducted by Black & Veatch determined that coralbean does not exist within the project area. It was also determined that no critical habitat for the West Indian manatee and Atlantic sturgeon exists within the project area therefore, any individuals of these species would occur as transients. Best management practices will be enforced during construction to ensure that these species are not jeopardized directly or indirectly 19 Migratory Bird & Bald & Golden Eagle Permits The Project area does not possess any Bald or Golden Eagle nests and no "take" of these species are anticpated. 20 Historic Properties A consultation letter was submitted to the North Carolina Department of Cultural Resources SHPO on December 16, 2013. A response letter, dated December 31, 2013 provided concurrence that the project as designed will BLACK & VEATCH Pivers Island Seawall Repair Project not impact any historic or cultural resources. 21 Discovery of Previously Unknown Remains and Artifacts There are no previously known or unidentified historical or archaeological remains that have been discovered within the project area. Although no earth moving activities are proposed as part of the seawall repair, should any remains be unearthed during construction activities, all work in the area will cease and consultation with an archaeologist will ensue. 22 Designated Critical Resource Waters The Project is not located within a Designated Critical Resource Water; it is however located in Bulkhead Channel a North Carolina designated Outstanding Resource Water. The project will result in minor temporary and permanent impacts to Bulkhead Channel; as a result of sediment suspension and filling of the channel resulting from the installation of the PVC sheet piling. BMPs such as turbidity barriers will be used to mitigate any potential entry of sediment into the surface waters of Bulkhead Channel. The project's intent is to prevent the total failure of the existing seawall which could introduce additional and uncontrolled soil and sediment into the estuary and require complete replacement which is more intrusive than repairing. 23 Mitigation The Project was designed and will be constructed to avoid and minimize adverse impacts to the maximum extent practicable. BMPs such as turbidity barriers will be used to mitigate any potential impacts to estuarine waters adjacent to Pivers Island. The seawall repair will consist of new PVC sheet piling being installed as close as possible to the existing seawall. Plans are to construct the new seawall entirely water -side of the existing seawall (which is to remain in place) with interstitial space medium placed in between the old and new seawall to prevent further erosion or structural integrity concerns. A two -foot concrete cap or maintenance free vinyl top cap walk -way system with a no -slip texture surface will be constructed over both seawalls as if one seawall existed. Only marine - grade, type 316 stainless steel fasteners will be used (no galvanized anchors). The installation will be environmentally friendly and a non - invasive waterside solution which will avoid and minimize impacts to Waters of the U.S. Impacts to Essential Fish Habitat, including oyster beds will occur as a result of the seawall repair. To mitigate for these impacts the following mitigation is proposed: • Oysters located on the existing seawall will be removed and relocated water -ward of the PVC sheet piling. • The small boat/ barge will only be used during higher tide events (mid -tide to high -tide back to mid - tide). The boat /small barge will not be present during low tide and other extraordinary low water events to prevent contact with the un- vegetated bottom. • A turbidity barrier will be used as a BMP in Bulkhead Channel to prevent sediment from entering the channel and surrounding waters resulting from installation of the sheet piling. 24 Safety of Impoundment Structures No impoundment structures exist within the Project area; therefore, this condition does not apply. 25 Water Quality Joanne Steenhuis with the NC Division of Water Resources indicated that a formal 401 Water Quality BLACK & VEATCH Pivers Island Seawall Repair Project Certification would not apply to this Project. A "for the record only" DWQ 401 Certification is being submitted to NC Division of Water Resources in concurrently, but separately from this PCN. 26 Coastal Zone Management The project is located in a coastal state and NOAA has submitted a North Carolina Coastal Area Management Act consistency concurrence with the North Carolina Division of Coastal Management. Based on an evaluation the Project activities should be consistent with all applicable sections of CAMA. 27 Regional and Case -by -Case Basis All additional regional conditions for North Carolina and Wilmington District are addressed below. 28 Use of Multiple Nationwide Permits Only one NWP is being used to authorize the project activities. 29 Transfer of Nationwide Permit Verifications The permittee, NOAA, owns the land within the entire project area; should the land be sold during the permit period, the nationwide verification will be transferred to the new owner as appropriate. 30 Compliance Certification NOAA will provide a signed certification documenting the repair of the seawall was completed and in accordance with the requirements of the NWP 3 and NC Division of Water Resources. 31 Pre- Construction Notification This PCN is being submitted for authorization of project activities that include fill (Section 404) and construction /fill within Bulkhead Channel (Section 10 Waters). Regional Conditions for North Carolina 1.0 Excluded Waters - The Corps has identified that the following waters will be excluded from the use of all NWP's during certain timeframes. 1.1 Anadromous Fish Spawning Areas The project is not located within an anadromous fish spawning area; therefore this condition does not apply. 1.2 Trout Waters Moratorium The project is not located in one of the twenty -five designated trout counties of North Carolina; therefore this condition does not apply. 1.3 Sturgeon Spawning Areas as Designated by the The project is not located in a NMFS designated sturgeon spawning area; therefore this condition does not apply. National Marine Fisheries Service (NMFS) 2.0 Waters Requiring Additional Notification - The Corps has identified that the following waters will be subject to additional notification requirements for activities authorized by all NWP's. 2.1 Western Counties that Drain to Designated The project is not located in a western county; therefore this condition does not apply. Critical Habitat 2.2 Special Designation Waters The project is located in Bulkhead Channel an "Outstanding Resource Waters" (ORW) or "High Quality Waters" (HOW) as designated by the North Carolina Environmental Management Commission. For this reason, this PCN is being BLACK & VEATCH Pivers Island Seawall Repair Project submitted in accordance with general condition 31. 2.3 Coastal Area Management Act (CAMA) Areas of The project is located within a designated "Area of Environmental Concern" (AEC) in Carteret County, one (1) of the Environmental Concern twenty (20) counties of Eastern North Carolina covered by the North Carolina Coastal Area Management Act (CAMA). NOAA has reviewed the proposed project against the enforceable policies of the NC Coastal Management Program (which are principally found in Chapter 7 of Title 15A of North Carolina's Administrative Code) and has determined that the project is consistent with the enforceable policies. The North Carolina Division of Coastal Management has been contacted to obtain concurrence with this consistency determination. 2.4 Barrier Islands The project is not located on a barrier island; therefore this condition does not apply. 2.5 Mountain or Piedmont Bogs The project is not located in an area classified as a bog by the North Carolina Wetland Assessment Methodology. 2.6 Animal Waste Facilities The project does not involve the construction of an animal waste facility; therefore this condition does not apply. 2.7 Trout Waters The project is not located within one (1) of the twenty -five (25) designated trout counties of North Carolina. Wilmington District Regional Conditions for All Nationwide Permits 3.1 Limitation of Loss of Perennial Stream Bed The project will not result in the loss or degradation of a perennial, intermittent or ephemeral stream. 3.2 Mitigation for Loss of Stream Bed 3.3 Pre- construction Notification for Loss of Streambed Exceeding 150 Feet. 3.4 Restriction on Use of Live Concrete 3.5 Requirements for Using Riprap for Bank Stabilization 3.6 Safe Passage Requirements for Culvert Placement 3.7 Notification to NCDENR Shellfish Sanitation Section BLACK & VEATCH Not applicable The project will not impact any perennial, ephemeral or intermittent streambed. A 2 -foot concrete cap or maintenance free vinyl top cap walk -way system with a no -slip texture surface will be constructed over the seawall. If a concrete cap is used, no concrete will come into contact with the water or enter the waters of Bulkhead Channel. Riprap will not be used as part of this project. The project does not involve the construction /installation of culverts. No dredging or removal of sediment will occur as part of this project therefore this condition does not apply. 3.8 3.9 Pivers Island Seawall Repair Project Preservation of Submerged Aquatic Vegetation The project will be constructed using a boat /small barge and best management practices including turbidity barriers and silt fences will be used to prevent adverse impacts to Submerged Aquatic Vegetation (SAV). Sedimentation and Erosion Control Structures A turbidity barrier will be used as a measure to prevent impacts to Bulkhead Channel. The barrier will extend the entire and Measures length of the seawall (approximately 800 feet) and will be placed a few feet seaward from the existing seawall. Attachment H depicts the location of the turbidity barrier with respect to the PVC sheet piling. BLACK & VEATCH National Oceanic and Atmospheric Administration I PCN FOR NWP 3 FIGURES Baltimore IAtl10ic - -- ',Dover City Washington Arlington J Richmond Lynchburg Roanoke Portsntoutlh _Virginia Beach GIh Norfolk Greensboro 1-1 Durham ston- saleill ` C, Pdorehead Rateigh City "Charlotte Bea rt Atlantic F '41 ii noll Beach Hat Isl nColurnbia Pivers Island Shackleford 8 .1'�� r Beaufort, NC Banks �O Carteret County Charleston Savannah 1 in = 160 miles 1 in = 4 miles Michael - ,uo,r Rd e`rll Smilh Field E °rl Pve of kgve FAiDips G and tot 1.l ason �.a � Mac to Ronne Rd - �' Beaufort Rd .. `o N steep Pines r, Fork C1 George Sf .—'- V -.. Old Causeway Rd y y o I��� �J`� �e 4,*.," P e 5 a o° A F mod W III ow st 6S L 64c B eCy BeaUiOrt 4*�` �rS G \O�Dr Sr sr o r a° " r it L, NOAA Campus y oO+Yii. LL N R0 S Data Sources: Legend ESRI, NAVTEQ, Intermap Site Boundary N 0 1,000 2,000 4,000 Site Location Map Pivers Island Figure Feet PCN for Nationwide Permit 3 1 NAD83 Stateplane North Carolina, Feet Beaufort, Carteret County, NC N 0 100 200 400 Site Layout Map Pivers Island Figure Feet PCN for Nationwide Permit 3 2 NAD83 Stateplane North Carolina, Feet Beaufort, Carteret County, NC N 0 100 200 400 NWI Wetlands Map Pivers Island Figure Feet PCN for Nationwide Permit 3 3 NAD83 Stateplane North Carolina, Feet Beaufort, Carteret County, NC J ` 4 X ZONEAE I y Af ZOO E X ZONE AE Legend .j NOAA Campus FEMA Flood Hazard Areas Zone AE Data Sources: Zone VE USGS via ESRI NC OneMap ZONE VE Shaded Zone X N 0 250 500 1,000 FEMA Flood Zones Map Pivers Island Figure Feet PCN for Nationwide Permit 3 4 NAD83 Stateplane North Carolina, Feet Beaufort, Carteret County, NC National Oceanic and Atmospheric Administration I PCN FOR NWP 3 ATTACHMENTS National Oceanic and Atmospheric Administration I PCN FOR NWP 3 ATTACHMENT A National Oceanic and Atmospheric Administration I PCN FOR NWP 3 ATTACHMENT 6 0 BLACK & VEATCH Building a world of difference. Attachment B Representative Color Photographs of Existing Conditions Photograph 1: View of the seawall and stormwater outfall for the CCFHR campus facing south. Photograph 2: View of the seawall adjacent to the northern access bridge facing north. May 5, 2014 PAGE 1 Pivers Island NWP3 PCN 0 BLACK & VEATCH Building a world of difference.- Attachment B Representative Color Photographs of Existing Conditions Photograph 3: View of the seawall at the southern limit near the Duke University property facing north. Photograph 4: View of the full 800 linear feet of the seawall from the northern access bridge facing south. May 5, 2014 PAGE 2 Pivers Island NWP3 PCN 0 BLACK & VEATCH Building a world of difference. Attachment B Representative Color Photographs of Existing Conditions Photograph 5: Example of settling behind existing seawall that is causing the structure to fail and present erosion hazards on the western shore of Pivers Island. Photograph 6: View of the exposed stabilization rebar installed on the existing seawall. May 5, 2014 PAGE 3 Pivers Island NWP3 PCN National Oceanic and Atmospheric Administration I PCN FOR NWP 3 ATTACHMENT C N 0 100 200 400 Plan View of Seawall and Turbidity Barrier Pivers Island Attachment Feet PCN for Nationwide Permit 3 C NAD83 Stateplane North Carolina, Feet Beaufort, Carteret County, NC National Oceanic and Atmospheric Administration I PCN FOR NWP 3 ATTACHMENT D FILL IN BEHIND AND UNDER EXISTING SEAWALL WHERE SEAWATER HAS ERODED AND CAUSED SINK HOLE DAMAGE AS REO'D / CONCRETE CAP /WALKWAY =1 I EXISTING GRADE TO TIE NEW SUPPORT TO EXISTING i TING 1N PLAC E — f -- NEW WALER CONCRETE DEADMAN -10 p REMAtN ~ }� ANCHOR RODS _ -_ -� - - INTERSTITIAL SPACE MEDIUM ANCHOR BETWEEN EXISTING AND NEW SEAWALLS EKSIGI� 0 HIGH --- ANCHORS NEW PVC VINYL SHEET PILES HELtCAt TO SUPPORT EXISTING SEAWALL J J WATER LEVEL — VARIES c� z - Ln REVETMENT AS NEEDED X w LAND SIDE ] ISEAWARD SIDE ESTING I 2XI II SEA FLOOR VARIES TIMBER PILES — 0 2.5 5 10 Feet Seawall Vinyl Sheet Piling Detail Pivers Island Attachment PCN for Nationwide Permit 3 D Approximate Scale Beaufort, Carteret County, NC National Oceanic and Atmospheric Administration I PCN FOR NWP 3 ATTACHMENT E aBLACK &VEATCH Building a world of difference. December 16, 2013 Mr. Gary Jordan U.S. Fish & Wildlife Service Raleigh Ecological Field Services Office P.O. Box 33726 Raleigh, North Carolina 27636 -3726 BLACK & VEATCH CORPORATION 200 BELLEVUE PARKWAY, SUITE 215 WILMINGTON, DE 19809 USA +1913 - 458 -6757 1 MCBURNEYSM @BV.COM Subject: Pivers Island Sea Wall Repair/ Replacement and Underground Utility Conduit Project Dear Mr. Jordan: The National Oceanic and Atmospheric Administration (NOAH), National Oceanic Service (NOS), Center for Coastal Fisheries and Habitat Research ( CCFHR) proposes the following activities on Pivers Island in Beaufort, Carteret County, North Carolina: 1. Repair /replace an existing sea wall from the northern access bridge approximately 800 linear feet south on the western side of the island; and 2. install an electrical service and telecommunications utility conduit. Black & Veatch (B &V) has been retained by NOAA to prepare a National Environmental Policy Act (NEPA) Environmental Assessment (EA) to analyze the potential environmental effects from implementing the proposed action of repairing /replacing the sea wall, and constructing and operating the utility conduit. The purpose of the Project is to repair the existing sea wall which was damaged by Hurricane Sandy. The underground utility conduit will provide a more secure electrical and telecommunications network for the CCFHR campus, particularly during storm events that have the potential to bring down overhead utilities. The existing overhead utility lines and poles will be disconnected and removed after the utility conduit is installed and functional. Please accept this letter as a request to search your records for the presence of any federally listed, proposed listed, threatened or endangered species located within the Project area. A USGS Site Location Map is attached for your reference and includes the extent of the Project area. This consultation request is being submitted as part of the NEPA documentation process. Should you have any questions or comments regarding this Project, please do not hesitate to contact me at (913) 458 -6757 or via email at mcburneysm@bv.com. Thank you for your assistance with this request. Very truly yours, BLAT & VEATCH CORPORATION /&�: 1 Scott McBurney Project Manager CC. Michael Randall (NOAA) Mark George (NOAA) Bob Hillman (B &V) r,.�.,r. � _ Jai'' � _- 1 -.?':tea: •. 4 } 1 S� ' I L Neck f rr+n try I � Crab rrG -. c•. .. .. _ ,- f J. cr, y I .i.. C - i . ire` 6AV" �...,�,. µ a..se 9� �,e� B � ,�� .-.�. s, uro•� Rra•II . `. .c-• ' . �„ •c :—�• .. ^.- �� Roe SOUND s r +i 74 I =� d A °r (t[enhC � � y' •. � . FryR' 11AGV a, � '� qgI TT-- � ,' 1A SL U g I s ACk �° e ' ORD s�° trfrre .. - A _ Q Rork f• i A. - f NJ - - ��' • do �r ♦� .• ► ` % • -7 , 177 ,r WA V I T -+•tom LOGICAL 1AWMAY0*1 ;I T M Proposed Seawall �'�'� 7 - " " "" Repair /Replacement _- PiVers ..., rs Proposed Utility Conduits Beaufo- m'- tAsm- + 'o Phase 1 Electrical ti Rfy-L ATORI r + � Phase 2 Electrical Future IT /Telecom OL fight 1 inch = 800 feet i NOAA Campus L ------ p 0 0.5 1 2 Site Location Map 0 BLACK &VEATCH Pivers Island Utility Conduit Project Building a world of difference. Miles NAD83 Stateplane North Carolina, Feet Beaufort, NC Sources: USES via ESRI United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636 -3726 January 24, 2014 Scott McBurney Black & Veatch Corporation 200 Bellevue Parkway, Suite 215 Wilmington, DE 19809 Re: Pivers Island Sea Wall /Replacement & Underground Utility Conduit- Carteret County, NC Dear Mr. McBumey: This letter is to inform you that a list of all federally - protected endangered and threatened species with known occurrences in North Carolina is now available on the U.S. Fish and Wildlife Service's (Service) web page at http: / /www.fws.gov!raleigh. Therefore, if you have projects that occur within the Raleigh Field Office's area of responsibility (see attached count' list). you no longer need to contacrthe Raleigh Field Office.for,a list .offederally= protected species. Our web page contains a complete and frequently updated list of all endangered and threatened species protected by the provisions of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.)(Act), and a list of federal species of concern' that are known to occur in each county in North Carolina. Section 7 of the Act requires that all federal agencies (or their designated non - federal representative), in consultation with the Service, insure that any action federally authorized, funded, or carried out by such agencies is not likely to jeopardize the continued existence of any federally - listed endangered or threatened species. A biological assessment or evaluation may be prepared to 1`ulfill that requirement-and in dt-termining whether additional consultation, Nvith the Service is necessary. In addition to the federally - protected species list, information on the species' life histories and habitats and information on completing a biological assessment or evaluation and can be found on our web page at http:/ /www.fws.goviraleigh. Please check the web site often for updated information or changes. The terns 'federal species of concern" refers to those species which the Service believes might be in need of 6oncentrafed conservation actions. Federal species of concern receive no legal protection and their designation does not necessarily imply that the species will eventually be proposed for listing as a federally endangered or threatened sRkies. •However, we:recomm, aUd that all' practicable measures be taken to aVoid or minimize adveffe impacts to federal species ofconcerr).' If your project contains suitable habitat for any of the federally - listed species known to be present within the county where your project occurs, the proposed action has the potential to adversely affect those species. As such, we recommend that surveys be conducted to determine the species' presence or absence within the project area. The use of North Carolina Natural Heritage program data should not be substituted for actual field surveys. If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely to adversely affect) a federally - protected species, you should notify this office with your determination, the results of your surveys, survey methodologies, and an analysis of the effects of the action on listed species, including consideration of direct, indirect, and cumulative effects, before conducting any activities that might affect the species. If you determine that the proposed action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally listed species, then you are not required to contact our office for concurrence (unless an Environmental Impact Statement is prepared). However, you should maintain a complete record of the assessment, including steps leading to your determination of effect, the qualified personnel conducting the assessment, habitat conditions, site photographs, and any other related articles. With regard to the above - referenced project, we offer the following remarks. Our comments are submitted pursuant to, and in accordance with, provisions of the Endangered Species Act. Based on the information provided and other information available, it appears that the proposed action is not likely to adversely affect any federally- listed endangered or threatened species, their formally designated critical habitat, or species currently proposed for listing under the Act at these sites. We believe that the requirements of section 7(a)(2) of the Act have been satisfied for your project. Please remember that obligations under section 7 consultation must be reconsidered if: (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered; (2) this action is subsequently modified in a manner that was not considered in this review; or, (3) a new species is listed or critical habitat determined that may be affected by the identified action. However, the Service is concerned about the potential impacts the proposed action might have on aquatic species. Aquatic resources are highly susceptible to sedimentation. Therefore, we recommend that all practicable measures be taken to avoid adverse impacts to aquatic species, including implementing directional boring methods and stringent sediment and erosion control measures. An erosion and sedimentation control plan should be submitted to and approved by the North Carolina Division of Land Resources, Land Quality Section prior to construction. Erosion and sedimentation controls should be installed and maintained between the construction site and any nearby down - gradient surface waters. In addition, we recommend maintaining natural, vegetated buffers on all streams and creeks adjacent to the project site. The North Carolina Wildlife Resources Commission has developed a Guidance Memorandum (a copy can be found on our website at (http: / /www.fws.gov /raleigh) to address and mitigate secondary and cumulative impacts to aquatic and terrestrial wildlife resources and water quality. We recommend that you consider this document in the development of your projects and in completing an initiation package for consultation (if necessary). 2 We hope you find our web page useful and informative and that following the process described above will reduce the time required, and eliminate the need, for general correspondence for species' lists. If you have any questions or comments, please contact John Ellis of this office at (919) 856 -4520 ext. 26. Sincerely, Pe Benjamin Field Supervisor 3 List of Counties in the Service's Raleigh Field Office Area of Responsibility Alamance Beaufort Bertie Bladen Brunswick Camden Carteret Caswell Chatham Chowan Columbus Craven Cumberland Currituck Dare Duplin Durham Edgecombe Franklin Gates Granville Greene Guilford Halifax Harnett Hertford Hoke Hyde Johnston Jones Lee Lenoir Martin Montgomery Moore Nash New Hanover Northampton Onslow Orange Pamlico Pasquotank Pender 4 Perquimans Person Pitt Randolph Richmond Robeson Rockingham Sampson Scotland Tyrrell Vance Wake Warren Washington Wayne Wilson BLACK &VEATCH Building a world of difference., December 16, 2013 National Oceanic & Atmospheric Administration National Marine Fisheries Service Southeast Regional Office Protected Resources Division 263 131h Avenue South St Petersburg, Florida 33701 -5505 BLACK & VEATCH CORPORATION 200 BELLEVUE PARKWAY, SUITE 215 WILMINGTON, DE 19809 USA +1913 - 458 -6757 1 MCBURNEYSM @BV.COM Subject: Pivers Island Sea Wall Repair /Replacement and Underground Utility Conduit Project The National Oceanic and Atmospheric Administration (NOAH), National Oceanic Service (NOS), Center for Coastal Fisheries and Habitat Research ( CCFHR) proposes the following activities on Pivers Island in Beaufort, Carteret County, North Carolina: Repair /replace an existing sea wall from the northern access bridge approximately 800 linear feet south on the western side of the island; and install an electrical service and telecommunications utility conduit Black & Veatch (B &V) has been retained by NOAA to prepare a National Environmental Policy Act (NEPA) Environmental Assessment (EA) to analyze the potential environmental effects from implementing the proposed action of repairing /replacing the sea wall, and constructing and operating the utility conduit The purpose of the Project is to repair the existing sea wall which was damaged by Hurricane Sandy. The underground utility conduit will provide a more secure electrical and telecommunications network for the CCFHR campus, particularly during storm events that have the potential to bring down overhead utilities. The existing overhead utility lines and poles will be disconnected and removed after the utility conduit is installed and functional. Please accept this letter as a request to search your records for the presence of any federally protected aquatic resources (fisheries in particular) and their habitats within the Project area. A USGS Site Location Map is attached for your reference and includes the extent of the Project area. This consultation request is being submitted as part of the NEPA documentation process. Should you have any questions or comments regarding this Project, please do not hesitate to contact me at (913) 458 -6757 or via email at mcburneysm @bv.com. Thank you for your assistance with this request. Very truly yours, BL CK & � TCH CORPORATION Scott McBurney "I Project Manager CC. Mike Randall (NOAA) Mark George (NOAA) Bob Hillman (B &V) r,.�.,r. � _ Jai'' � _- 1 -.?':tea: •. 4 } 1 S� ' I L Neck f rr+n try I � Crab rrG -. c•. .. .. _ ,- f J. cr, y I .i.. C - i . ire` 6AV" �...,�,. µ a..se 9� �,e� B � ,�� .-.�. s, uro•� Rra•II . `. .c-• ' . �„ •c :—�• .. ^.- �� Roe SOUND s r +i 74 I =� d A °r (t[enhC � � y' •. � . FryR' 11AGV a, � '� qgI TT-- � ,' 1A SL U g I s ACk �° e ' ORD s�° trfrre .. - A _ Q Rork f• i A. - f NJ - - ��' • do �r ♦� .• ► ` % • -7 , 177 ,r WA V I T -+•tom LOGICAL 1AWMAY0*1 ;I T M Proposed Seawall �'�'� 7 - " " "" Repair /Replacement _- PiVers ..., rs Proposed Utility Conduits Beaufo- m'- tAsm- + 'o Phase 1 Electrical ti Rfy-L ATORI r + � Phase 2 Electrical Future IT /Telecom OL fight 1 inch = 800 feet i NOAA Campus L ------ p 0 0.5 1 2 Site Location Map 0 BLACK &VEATCH Pivers Island Utility Conduit Project Building a world of difference. Miles NAD83 Stateplane North Carolina, Feet Beaufort, NC Sources: USES via ESRI McBurney, Scott M From: Dennis Klemm - NOAA Federal <dennis.klemm @noaa.gov> Sent: Thursday, January 30, 2014 1:47 PM To: McBurney, Scott M Subject: Pivers Island project Hello Scott, I was given your letter requesting information on federally protected aquatic resources within the Pivers Island project area. There are five species potentially in your project area that are listed under the Endangered Species Act and fall under NMFS's purview: Sea turtles: Kemp's ridley, green, and loggerhead. Sturgeon: Shortnose and Atlantic. No critical habitat has been designated in your project area. Please feel free to email or call if you need additional information. Thank you, Dennis Klemm Acting Branch Chief- Interagency Coordination Branch & Sea Turtle Program Coordinator- Southeast Regional Office National Marine Fisheries Service 263 13th Avenue South, St. Petersburg, FL 33701 727 -551 -5777 aBLACK &VEATCH Building a World of difference. December 16, 2013 Ms. Renee Gledhill - Earley North Carolina State Historic Preservation Office 4617 Mail Service Center Raleigh, North Carolina 27699 -4617 BLACK & VEATCH CORPORATION 200 BELLEVUE PARKWAY, SUITE 215 WILMINGTON, DE 19809 USA +1913-458-67571 MCBURNEYSM @BV.COM Subject: Pivers Island Sea Wall Repair/ Replacement and Underground Utility Conduit Project Dear Ms. Gledhill - Earley: The National Oceanic and Atmospheric Administration (NOAH), National Oceanic Service (NOS), Center for Coastal Fisheries and Habitat Research ( CCFHR) proposes the following activities on Pivers Island in Beaufort, Carteret County, North Carolina: 1. Repair /replace an existing sea wall from the northern access bridge approximately 800 linear feet south on the western side of the island; and 2. install an electrical service and telecommunications utility conduit. Black & Veatch (B &V) has been retained by NOAA to prepare a National Environmental Policy Act (NEPA) Environmental Assessment (EA) to analyze the potential environmental effects from implementing the proposed action of repairing /replacing the sea wall, and constructing and operating the utility conduit. The purpose of the Project is to repair the existing sea wall which was damaged by Hurricane Sandy. The underground utility conduit will provide a more secure electrical and telecommunications network for the CCFHR campus, particularly during storm events that have the potential to bring down overhead utilities. The existing overhead utility lines and poles will be disconnected and removed after the utility conduit is installed and functional. Please accept this letter as a request to search your records for any significant prehistoric, historic or architectural resources that may be affected by the project. A survey was previously conducted at the site for a different project and determined that there are no historic structures greater than 50 years. Impacts to cultural resources within the Project area are not anticipated; however, as part of the this consultation, we would like to obtain concurrence. An attached USGS Site Location Map is attached for your reference. Should you have any questions or comments regarding this Project, please do not hesitate to contact me at (913) 458 -6757 or via email at mcburneysm @bv.com. Thank you for your assistance with this request. Very truly yours, BLACK & VEATCH CORPORATION j4z�j Scott McBurney Project Manager Enclosure [s] cc: Michael Randall (NOAA) Mark George (NOAA) Bob Hillman (B &V) r,.�.,r. � _ Jai'' � _- 1 -.?':tea: •. 4 } 1 S� ' I L Neck f rr+n try I � Crab rrG -. c•. .. .. _ ,- f J. cr, y I .i.. C - i . ire` 6AV" �...,�,. µ a..se 9� �,e� B � ,�� .-.�. s, uro•� Rra•II . `. .c-• ' . �„ •c :—�• .. ^.- �� Roe SOUND s r +i 74 I =� d A °r (t[enhC � � y' •. � . FryR' 11AGV a, � '� qgI TT-- � ,' 1A SL U g I s ACk �° e ' ORD s�° trfrre .. - A _ Q Rork f• i A. - f NJ - - ��' • do �r ♦� .• ► ` % • -7 , 177 ,r WA V I T -+•tom LOGICAL 1AWMAY0*1 ;I T M Proposed Seawall �'�'� 7 - " " "" Repair /Replacement _- PiVers ..., rs Proposed Utility Conduits Beaufo- m'- tAsm- + 'o Phase 1 Electrical ti Rfy-L ATORI r + � Phase 2 Electrical Future IT /Telecom OL fight 1 inch = 800 feet i NOAA Campus L ------ p 0 0.5 1 2 Site Location Map 0 BLACK &VEATCH Pivers Island Utility Conduit Project Building a world of difference. Miles NAD83 Stateplane North Carolina, Feet Beaufort, NC Sources: USES via ESRI t" r 1 Ali L ,ohm 0. W--1Wv 'got �s 'r ,r'..6 t Al` _ - T,T dop ,T nom,_ 1 .•. Proposed Seawall "" Repair /Replacement Proposed Utility Conduits Phase 1 Electrical Phase 2 Electrical Future IT /Telecom � I NOAA Campus 0 50 100 200 Proposed Site Layout Map 0 BLACK & VEATCH Pivers Island Utility Conduit Project Building a vv rld of difference. Feet NAD83 Stateplane North Carolina, Feet Beaufort, NC North Carolina Department of Cultural Resources State Historic Preservation Office Ramona Nl. Bartos, Administrator Governor Pat McCrory Secretary Susan Kluttz December 31, 2013 Scott McBurney Black & Veatch Corporation 200 Bellevue Parkway, Suite 215 Wilmington, DE 19809 Office of Archives and 1liston- Deputy Secretary Kevin Chern' Re: Pivers Island Sea Wall Repair/Replacement and Underground Utility Conduit Project, Beaufort, Carteret County, ER 13 -2996 Dear Mr. McBurney: Thank you for your letter of December 16, 2013, concerning the above project. We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill- Earley, environmental review coordinator, at 919- 807 -6579 or renee.gledhill- earleyQncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, boo(Ramona M. Bartos Location: 109 Hass Jones Street, Raleigh NC 27601 Mailing Address. 4617 Matt Service Center, Raleigh NC 27699 -461: Telephone /Fax: '919) 80' -65 "0+'80? -6599 BLACK &VEATCH Building a world of difference., December 16, 2013 North Carolina Natural Heritage Program Information Request 1601 Mail Service Center Raleigh, NC 27699 -1691 BLACK & VEATCH CORPORATION 200 BELLEVUE PARKWAY, SUITE 215 WILMINGTON, DE 19809 USA +1913 - 458 -6757 1 MCBURNEYSM @BV.COM Subject: Pivers Island Sea Wall Repair /Replacement and Underground Utility Conduit Project The National Oceanic and Atmospheric Administration (NOAH), National Oceanic Service (NOS), Center for Coastal Fisheries and Habitat Research ( CCFHR) proposes the following activities on Pivers Island in Beaufort, Carteret County, North Carolina: Repair /replace an existing sea wall from the northern access bridge approximately 800 linear feet south on the western side of the island; and install an electrical service and telecommunications utility conduit Black & Veatch (B &V) has been retained by NOAA to prepare a National Environmental Policy Act (NEPA) Environmental Assessment (EA) to analyze the potential environmental effects from implementing the proposed action of repairing /replacing the sea wall, and constructing and operating the utility conduit The purpose of the Project is to repair the existing sea wall which was damaged by Hurricane Sandy. The underground utility conduit will provide a more secure electrical and telecommunications network for the CCFHR campus, particularly during storm events that have the potential to bring down overhead utilities. The existing overhead utility lines and poles will be disconnected and removed after the utility conduit is installed and functional. Please accept this letter as a request to search your records for the presence of any rare species, natural communities, significant heritage areas, or conservation managed areas located within the Project area. An Information Request Form and USGS Site Location Map are attached for your reference and include the location and extent of the Project area. This consultation request is being submitted as part of the NEPA documentation process. Should you have any questions or comments regarding this Project, please do not hesitate to contact me at (913) 458 -6757 or via email at mcburneysm(cDbv.com. Thank you for your assistance with this request. Very truly yours, BLA K & VE TCH RPORATION Scott McBurney Project Manager cc. Mike Randall (NOAA) Mark George (NOAA) Bob Hillman (B &V) NORTH CAROLINA Natural �' Heritage Program SCIENCE GUIDING CONSERVATION Information Request Please submit this form by email: natural.heritage @ncdenr.gov Or mail: N.C. Natural Heritage Program Information Request 1601 Mail Service Center Raleigh NC 27699 -1601 The North Carolina Natural Heritage Program provides information on the distribution of rare animals, rare plants, natural communities, Significant Natural Heritage Areas, Dedicated State Nature Preserves, and Registered Heritage Areas. To request information, please complete this form and submit to NC NHP. Response to information requests will typically be provided in 10 working days, however complex requests or requests received during periods of heavy workload may require additional time. Contact Information Name Scott McBurney Company Black & Veatch Street Address 200 Bellevue Parkway, Suite 215 _ City ST Zip Code Wilmington, Delaware 19809 Phone 913 - 458 -6757 302 - 798 -0201 Fax E -Mail Address McBurneySM @bv.com Project Information Project Number Project Location Latitude: 34.718114 Longitude: 76.672092 (in decimal degrees) County: Carteret County Topographic Quad: 7.5 Minute Series Project Type: Sensitive Environment _ Transportation _ Forestry _ Energy X Other X Project Description: Please provide all of these * items with your request. *1. This completed information request form. *2. A cover letter describing the proposed activity, including existing vegetation cover, structures at the site, and the type of data requested. Additional pages may be provided by email attachment or through the mail. *3. A copy of appropriate USGS topographic map with the project area clearly outlined. Additional information that would be useful: a. GIS shape files of the project area. b. A county map with major highways, rivers, creeks, and towns labeled is acceptable if accompanied by a project site map. c. Project boundary overlaid on a recent aerial photo d. Parcel identification number(s) for the project area r,.�.,r. � _ Jai'' � _- 1 -.?':tea: •. 4 } 1 S� ' I L Neck f rr+n try I � Crab rrG -. c•. .. .. _ ,- f J. cr, y I .i.. C - i . ire` 6AV" �...,�,. µ a..se 9� �,e� B � ,�� .-.�. s, uro•� Rra•II . `. .c-• ' . �„ •c :—�• .. ^.- �� Roe SOUND s r +i 74 I =� d A °r (t[enhC � � y' •. � . FryR' 11AGV a, � '� qgI TT-- � ,' 1A SL U g I s ACk �° e ' ORD s�° trfrre .. - A _ Q Rork f• i A. - f NJ - - ��' • do �r ♦� .• ► ` % • -7 , 177 ,r WA V I T -+•tom LOGICAL 1AWMAY0*1 ;I T M Proposed Seawall �'�'� 7 - " " "" Repair /Replacement _- PiVers ..., rs Proposed Utility Conduits Beaufo- m'- tAsm- + 'o Phase 1 Electrical ti Rfy-L ATORI r + � Phase 2 Electrical Future IT /Telecom OL fight 1 inch = 800 feet i NOAA Campus L ------ p 0 0.5 1 2 Site Location Map 0 BLACK &VEATCH Pivers Island Utility Conduit Project Building a world of difference. Miles NAD83 Stateplane North Carolina, Feet Beaufort, NC Sources: USES via ESRI t" r 1 Ali L ,ohm 0. W--1Wv 'got �s 'r ,r'..6 t Al` _ - T,T dop ,T nom,_ 1 .•. Proposed Seawall "" Repair /Replacement Proposed Utility Conduits Phase 1 Electrical Phase 2 Electrical Future IT /Telecom � I NOAA Campus 0 50 100 200 Proposed Site Layout Map 0 BLACK & VEATCH Pivers Island Utility Conduit Project Building a vv rld of difference. Feet NAD83 Stateplane North Carolina, Feet Beaufort, NC AT&A NCDENR North Carolina Department of Environment and Natural Resources Office of Land and Water Stewardship Pat McCrory Bryan Gossage John E. Skvarla, III Governor Director Secretary January 9, 2014 Mr. Scott McBurney Black and Veatch Corporation 200 Bellevue Parkway, Suite 215 Wilmington, DE 19809 McBurneySM @bv.com RE: Pivers Island Sea Wall Repair /Replacement and Underground Utility Conduit Project Dear Mr. McBurney: Thank you for contacting the North Carolina Natural Heritage Program (NCNHP) about the above - referenced project. The Natural Heritage Program has the following records of rare species occurrences within the project area outlined in your request for information: SCIENTIFIC NAME COMMON NAME ELEMENT OCCURRENCE STATUS* ACCURACY NC STATUS* USA STATUS* Acipenseroxyrinchus Atlantic Sturgeon Current Low SC E Coryphaeschna ingens Regal Darner Current Very Low SR - - -- Erythrina herbacea Coralbean Historical Low E - - -- Heterodon simus Southern Hognose Snake Historical Very Low SC FSC Malaclemys terrapin Diamondback Terrapin Obscure Very Low SC FSC, in part Parietaria praetermissa Large -seed Pellitory Current Low SC-V - - -- Passerina ciris ciris Eastern Painted Bunting Current Medium SC FSC Seminatrix pygaea Black Swamp Snake I Current Very Low SR - - -- Trichechus manatus West Indian Manatee Current Very Low E E Some of these records are considered historical, and some are of very low accuracy. The record for Eastern Painted Bunting is located just west of the bridge to Pivers Island and south of US70 (last observed in 2010); the record for Manatee is from waters located between Pivers Island and Bird Island (Rachel Carson Reserve) (last observed in 2007). We also have a current record for a Gull- Tern - Skimmer Colony (Colonial Waterbird Nesting Site) within the project area; this record is documented on the western end of Bird Island (Rachel Carson Reserve), just east of Radio Island. 1601 Mail Service Center, Raleigh, North Carolina 27699 -1601 Phone: 919- 707 -8600 \ Internet: vrww.ncdenr.gov An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \ 10% Post Consumer Paper Pivers Island Sea Wall Repair /Replacement and Underground Utility Condc:. NCNHP Response, page January 9. 2('7 -= We do not have records for important natural communities, significant natural heritage areas, or conservation /managed areas within the proposed project area, but there are several records for these elements and additional rare species occurrences within one mile. I've attached a table showing records of rare species tracked in the NCNHP database that we have within one mile of the project site. Also, within one mile of the project site, we have records for the following Significant Natural Heritage Areas (SNHAs): • Phillips and Annex Islands SNHA — ca. 0.9 miles northwest of the project site • Rachel Carson Estuarine Research Reserve SNHA (includes Bird Island) — ca. 0.15 miles south of the project site • Radio Island SNHA — within 0.4 miles west of the project site The Rachel Carson Estuarine Research Reserve SNHA is a Dedicated Nature Preserve. Please note that the use of Natural Heritage Program data should not be substituted for actual field surveys where they are needed, particularly if the project area contains suitable habitat for rare species or important natural communities. You may wish to visit the new NCNHP website (www.ncnhp.or ) that offers access to data and other information on rare species, natural communities, significant natural areas, and lands managed for conservation. Please feel free to contact me at 919 - 707 -8629 or Allison.Weakley@ncdenr.gov if you have questions or need further information. Sincerely, , n Allison Schwarz Weakle Y. Conservatiolf4lanner NC Natural Heritage Program Pivers Island Sea Wall Repair /Replacement and Underground Utility Conduit Project January 9, 2014 Table 1. Natural Heritage Element Occurrences (NHEOs) for rare species documented within 1 mile of Pivers Island, by taxonomic group (NCNHP 2014). EO ID SCIENTIFIC NAME COMMON NAME ELEMENT OCCURRENCE STATUS* ACCURACY NC STATUS* USA STATUS* Birds 16486 Charadrius melodus Piping Plover Current Low T T 6218 Charadrius wilsonia Wilson's Plover Current Medium SC - - -- 14954 Egretta caerulea Little Blue Heron Historical Medium SC - - -- 15951 Egretta thula Snowy Egret Historical Medium SC - - -- 16723 Egretta tricolor Tricolored Heron Historical Medium SC - - -- 13662 Gelochelidon nilotica Gull- billed Tern Historical Medium T - - -- 26023 Haematopus palliatus American Oystercatcher Current Medium SC - - -- 27342 Haematopus palliatus American Oystercatcher Current High SC - - -- 7119 Himantopus mexicanus Black- necked Stilt Historical Low SR - - -- 522 Passerina ciris ciris Eastern Painted Bunting Current Low SC FSC 10588 Passerina ciris ciris Eastern Painted Bunting Current Medium SC FSC 1963 Passerina ciris ciris Eastern Painted Bunting Current Medium SC FSC 12917 Rynchops niger Black Skimmer Current Low SC - - -- 23960 Rynchops niger Black Skimmer Current Medium SC - - -- 5207 Rynchops niger Black Skimmer Historical Medium SC - - -- 23961 Sterna hirundo Common Tern Current Medium SC - - -- 23702 Sternula antillarum Least Tern Current Medium SC - - -- Insects 14658 Atrytonopsis sp. 1 an undescribed skipper Current High SR FSC 32036 Coryphaeschna ingens Regal Darner Current Very Low SR - - -- Fish 32417 Acipenser oxyrinchus Atlantic Sturgeon Current Low SC E Mammals 3705 Neotoma floridana floridana Eastern Woodrat -Coastal Plain Historical Low T - - -- Pivers Island Sea Wall Repair /Replacement and Underground Utility Conduit Project January 9, 2014 *For status definitions, please seethe Help document at http: / /www.ncnhp.org /web /nhp /database- search. population 9806 1 Trichechus manatus West Indian Manatee Current Very Low E E Reptiles 12025 Deirochelys reticularia Chicken Turtle Current Very Low SR - - -- 7284 Heterodon simus Southern Hognose Snake Historical Very Low SC FSC 3232 Malaclemys terrapin Diamondback Terrapin Obscure Very Low SC FSC, in part 15254 Malaclemys terrapin Diamondback Terrapin Obscure Very Low SC FSC, in part 275 Malaclemys terrapin Diamondback Terrapin Obscure Very Low SC FSC, in part 13517 Malaclemys terrapin Diamondback Terrapin Historical Low SC FSC, in part 15102 Nerodia sipedon williamengelsi Carolina Watersnake Historical Very Low SC - - -- 11301 Seminatrix pygaea Black Swamp Snake Current Very Low SR - - -- Plants 4359 Amaranthus pumilus Seabeach Amaranth Current Medium T T 14038 Erythrina herbacea Coralbean Historical Low E - - -- 28781 Euphorbia bombensis Southern Seaside Spurge Current High SR -T - - -- 6466 Parietaria praetermissa Large -seed Pellitory Current Low SC -V - - -- 6446 Polygonum glaucum Seabeach Knotweed Current Medium E - - -- 16095 Polygonum glaucum Seabeach Knotweed Historical Low E - - -- 23678 Tortula plinthobia A Chain -teeth Moss Current Medium SR -O - - -- 23508 Yucca gloriosa Moundlily Yucca Current Medium SR -P - - -- *For status definitions, please seethe Help document at http: / /www.ncnhp.org /web /nhp /database- search. UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration * OFFICE OF THE CHIEF ADMINISTRATIVE OFFICER Project Planning & Management Division, Eastern Region �*41Frs at 601 East 12th Street, Room 1702 Kansas Citv, Missouri 64106 April 28, 2014 National Oceanic & Atmospheric Administration National Marine Fisheries Service 101 Pivers Island Road Beaufort, NC 28516 Subject: Essential Fish Habitat (EFH) Consultation /Assessment Pivers Island Sea Wall Repair and Underground Utility Conduit Project Dear Fritz Rohde: The National Oceanic and Atmospheric Administration (NOAA), National Oceanic Service (NOS), Center for Coastal Fisheries and Habitat Research ( CCFHR) proposes the following activities on Pivers Island in Beaufort, Carteret County, North Carolina (see Figure 1): 1. Repair an existing sea wall using PVC sheet piling immediately adjacent to the existing seawall structure from the stone rip -rap associated with the northern access bridge approximately 800 linear feet south on the western side of the island; and 2. Install underground electrical service and telecommunications utility conduits on the island. The purpose of the Project is to repair the existing sea wall, which was damaged by Hurricane Sandy and other previous storm events, from undercutting of the structure and causing sinkholes on the landward side of the seawall. The underground utility conduit will provide a more secure electrical and telecommunications network for the CCFHR campus, particularly during storm events that have the potential to bring down overhead utilities. The existing overhead utility lines and poles will be disconnected and removed after the utility conduit is installed and operational. This EFH Assessment consultation letter has been prepared at the request of Virginia Fay, Deputy Regional Administrator for Habitat Conservation NOAA Fisheries Service, Southeast Region in a letter dated March 14, 2014 regarding the review of the Environmental Assessment for the Pivers Island Sea Wall Repair and Underground Utility Conduit Project. oo er a � The following sections of this letter are consistent with 50 CFR 600.920(e)(3)i -iv of the Magnuson Stevens Fishery Conservation and Management Act (Magnuson- Stevens Act). 50 CFR 600.920(e)(3)i — Detailed Description of the Proposed Action Seawall Repair The seawall on the western side of the CCFHR Campus is currently experiencing undercutting which is causing sinkholes on the landward side of the wall. These sinkholes are threatening the structural integrity of the seawall along the approximately 800 linear feet from the southern property boundary to the northern access bridge. A polyvinyl chloride (PVC) sheet piling will be installed immediately in front of the existing seawall to supplement the integrity of the existing seawall and prevent additional undercutting (see attached sheet piling figure). This will be installed via boat/small barge in Bulkhead Channel. Construction is expected to occur for up to 3 weeks and would result in the filling of no greater than 800 square feet (0.018 acre) of Waters of the United States (800 linear feet by not more than 1 foot). See Figure 2 for a profile view of the PVC sheet piling details. Utility Conduit /Other Activities • Install an underground electrical service in three segments on the CCFHR campus, as shown on Figure 1. The north electrical segment runs approximately 380 linear feet from near the northern access bridge in the northwest corner of Pivers Island. The center segment is approximately 420 linear feet long and generally routes east - west in the center of the CCFHR campus, avoiding the Coastal Area Management Act (CAMA) 75 -foot Area of Environmental Concern (AEC) as much as possible. The south segment is approximately 238 linear feet in length and connects the Administration Building to the southern portion of the property. All three segments of the underground electrical service together total approximately 1,038 linear feet. New transformers will be set as needed by Duke Energy. • Remove existing overhead power lines /transformers /structures and cutover to new buried services. Plans are to stagger the cutover to new electrical service for each segment of the buried conduit so that limited outages will affect small groupings of campus buildings at any one given time. Emergency backup generators will support the critical power loads during the cutover of each segment, which should last 24 hours or less. • Other activities that will support the Project include the following: installing new light poles; removal of selected backup generators and existing underground storage tanks, installation of an above ground fuel tank, and demolition and replacement of concrete pads. 2 Future IT /Telecommunications Infrastructure • Install two new 4 inch empty conduits which run parallel to the south segment of the new buried electrical service. The future installation of IT /telecommunications • infrastructure will provide upgraded connectivity to buildings in the northern part of the CCFHR campus. • This portion is estimated to run approximately 240 feet. None of the above proposed activities will occur within Waters of the United States, including wetlands and therefore, none of these activities will occur within any area designated as EFH. 50 CFR 600.920(e)(3)ii — EFH Analysis EFH Designations Pivers Island is part of the Newport River, Beaufort Inlet and Bogue Sound waters. Table 1 summarizes the fish species and their life stage(s) documented in these waters. Table 1: National Marine Fisheries List of EFH for Newport River, Beaufort Inlet and Bogue Sound. s Bluefish Life J A Summer Flounder L, J, A Butterfish J A Brown Shrimp L J A Pink Shrimp L J A White Shrimp L J A Dol hinfish J, A Wahoo J, A Cobia L, J, A King Mackerel J, A Spanish Mackerel L, J, A Spiny Dogfish J, A Smooth Dogfish J A Black Sea Bass L J A Rock Sea Bass J Gag J A Gray Snapper J Yellow Jack J Crevalle Jack J Blue Runner J Bar Jack J Shee shead J, A *Larvae = L, Juvenile = J, Adult = A 3 According to 16 U.S.C. 1802(10), Essential Fish Habitat is defined as those waters and substrate necessary to fish for spawning breeding, feeding or growing to maturity. EFH includes areas of sea grasses, reefs, shellfish beds, estuarine wetlands and open waters. Potential EFH Adverse Impact Analysis There are three types of EFH areas within close proximity to the seawall repair project location: estuarine wetlands, shellfish beds (oysters) and mud bottom. Each of these EFH types is described and the potential impact assessed below: 1. Estuarine Wetlands - Estuarine wetlands occur near, but greater than 2 feet from the seawall project site on the northern extent near the northern access bridge and the southern portion associated with the beach breakwater area of Duke University. While, very small patches of wetlands, these types of wetlands are a transitional zone between the marine and terrestrial environments and occur above the surface of the water and provide habitat for finfish and shellfish species and filtration of non -point source run- off for the estuary. Large amounts of organic matter and low oxygen content characterize bottom sediments in salt marshes and enable these wetlands to contribute to their own proliferation through decomposition; although this function is limited in the estuarine wetlands adjacent to the seawall project site due to their small size and rocky substrate. The flora is comprised of erect, rooted, herbaceous hydrophytes, primarily, salt marsh cordgrass (Spartina alterniflora). An important part of estuarine wetlands can be the macroalgae present during different times of the year. It is on these macroalgae that epiphytic communities of diatoms, cyanobacteria, and other photosynthetic algae reside, and become an important part of the benthic food web, particularly for fish species. Estuarine emergent wetlands habitat have been designated as EFH for all life stages of cobia and red drum, gag, gray snapper, spot, juvenile and adult summer flounder, among other species. The proposed PVC sheet piling will be installed no more than 1 foot from the existing seawall structure, the estuarine wetland patch on south end of the seawall repair project area will not be impacted. The small patch on the northern end will be impacted as a result of the sheet piling installation; however, the impact will be less than 15 square feet (15 linear feet by 1 foot). Potential disturbance to these areas may occur as a result of construction, but these impacts will be minor and temporary. Although permanent impacts to estuarine wetlands would result, the total area of impact is extremely small and limited to the area adjacent to the existing seawall. Due to the extremely small footprint of potential impact, no mitigation is anticipated or proposed. 11 2. Shellfish Beds (Oysters) - The NCDENR defines shellfish habitat as oyster beds, oyster rocks, oyster reefs, oyster bars, and shell hash (dead shellfish). Oysters occur on the existing seawall for the entire 800 linear -foot length, on the rock revetment associated with the northern access bridge and on the beach breakwater rocks located several feet away from the seawall repair project area. Oyster beds have been designated as EFH for the juvenile and adult stages of the black seas bass juvenile gag, gray snapper, summer flounder, weakfish, all life stages of red drum, among others. Oysters located on the existing seawall would be temporarily adversely impacted as a result of the installation of the PVC sheet piling. To mitigate the impact to these oysters, individuals would be removed from the existing seawall and relocated water - ward of the PVC sheet piling. After the sheet piling has been installed, it is expected that the oysters will recolonize the new seawall. The oyster beds on the rock structures associated with the northern access bridge and the beach breakwater on the southern portion of the project area are located several feet away and would not be impacted as a result of the PVC sheet piling installation within 1 foot of the existing seawall. 3. Non - Vegetated Flats (Mud Bottom) — Non - vegetated flats, or mud bottoms, are defined as the area along the shoreline within the subtidal zone which is the area below the lowest low tide line that is always submerged. Wave action, tidal currents, wind, geography of the coastline, riverine outflow, and human activity all help to shape these flats and are comprised of unconsolidated, un- vegetated muds and silts. Tidal flats are utilized by a variety of fish and invertebrate species as nursery areas, feeding grounds and refuges. Non - vegetated flats, including mud bottom, occurs within close proximity to the seawall repair project location starting at the base of the existing seawall and extending water -ward. Mud bottom and un- vegetated flats have been designated as EFH for juvenile and adult black sea bass, summer flounder among other species. The non - vegetated flats have the potential to be temporarily impacted as a result of the boat/small barge that will be used to install the PVC sheet piling by coming in contact with the bottom. After construction, impacts caused by the boat/small barge to this EFH area will cease and it is anticipated that the area will return to pre - construction condition naturally. To mitigate for this potential impact, installation activities will be limited to a time period of mid -tide through high -tide back to mid -tide to avoid the boat/small barge coming in contact with the bottom. Activities will not occur during period of low tide or low water events. 5 Other potential temporary impacts to the waters of Bulkhead Channel that could potentially impact EFH include sediment suspension during the PVC sheet piling installation. To reduce and minimize potential effects from sediment suspension and to mitigate for potential impacts, a turbidity barrier will be used as a best management practice (BMP) during construction. Temporary impacts to fish species may occur from the presence of the boat/small barge, human activity and noise associated with installation of the sheet piling; however, these impacts are expected to be temporary, minimal and not significant. After the sheet piling is installed, the boat/small barge will be removed, human activity and noise will cease and impacts to fish species resulting from this activity will cease. Based on the minimization of impacts, avoidance and mitigation measures proposed, NOAA anticipates that any potential adverse impact will be, minimal, temporary and will not be substantial. The utility and telecommunications conduit components of the Project will not be located in any Waters of the United States including wetlands and therefore, not within any areas designated as EFH. As a result, this component of the Project is not anticipated to impact any EFH and no mitigation is proposed. 50 CFR 600.920(e)(3)iii — Conclusions Based on Project design, minimization of impacts, avoidance of EFH areas and mitigation measures proposed, NOAA has concluded that the potential adverse impacts to EFH will be minimal, temporary and will not be substantial. 50 CFR 600.920(e)(3)iv — Mitigation Measures As detailed above, the following mitigation is proposed for potentially adverse impacts to EFH within the seawall repair project area: 1. Oysters located on the existing seawall will be removed and relocated water -ward of the PVC sheet piling. 2. The boat/small barge will only be used during higher tide events (mid -tide to high -tide back to mid - tide). The boat/small barge will not be present during low tide and other extraordinary low water events to prevent contact with the un- vegetated bottom. 3. A turbidity barrier will be used as a BMP in Bulkhead Channel to prevent sediment from entering the channel and surrounding waters resulting from installation of the sheet piling. I Due to the accelerated schedule of this Project with construction anticipated to begin in Summer 2014, NOAA requests a response as soon as possible to complete the EA and NEPA process. Should you have any questions or comments regarding the EFH Assessment for this Project, please do not hesitate to contact Scott McBurney of Black & Veatch at (913) 458 -6757 or via email at mcburneysmgbv.com. Thank you for your assistance with this request. Sincerely, Michael (Mike) Randall, RA Project Manager / COTR U.S. Department of Commerce / NOAA Project Planning and Management Division — Eastern Region 601 E. 12th Street, Room 1702 Kansas City, MO 64106 Phone: (816) 426 -7815 Fax: (816) 274 -6957 Email: michael.d.randallggnoaa. gov 7 National Oceanic and Atmospheric Administration I PCN FOR NWP 3 ATTACHMENT F CAMA CONSISTENCY DETERMINATION NOAA NOS Center for Coastal Fisheries Habitat Research Utility Infrastructure and Seawall Repair Project Pivers Island, Beaufort, North Carolina B &V PROJECT NO. 042620 PREPARED FOR I A��4O ATM0Sf National Oceanic and Atmospheric Administration MAY 12, 2014 0 BLACK & VEATCH Building a world of difference. National Oceanic and Atmospheric Administration CAMA CONSISTENCY DETERMINATION Table of Contents Tableof Contents ..................................................................................................................... ............................... i 1.0 Project Description ................................................................................................... ..............................1 2.0 Alternatives Analysis ............................................................................................... ..............................1 2.1 Preferred Alternative ................................................................................................ ..............................1 2.1.1 Electrical ...................................................................................................... ..............................2 2.1.2 Proposed Seawall Repair ...................................................................... ..............................2 2.2 No- Action Alternative ............................................................................................... ..............................3 2.3 Alternative Considered and Rejected ................................................................. ..............................3 3.0 Resource Agency Coordination ........................................................................... ............................... 3 4.0 Areas of Environmental Concern ........................................................................ ............................... 5 4.1 15A NCAC 07H.0200 - The Estuarine System ............................................... ..............................5 4.1.1 15A NCAC 07H.0205 - Coastal Wetlands ...................................... ..............................5 4.1.2 15A NCAC 07H.0206 - Estuarine Waters ..................................... ..............................5 4.1.3 15A NCAC 07H.0207 - Public Trust Lands ................................... ..............................5 4.1.4 15A NCAC 07H.0208 - Use Standards ............................................. ..............................6 4.1.5 15A NCAC 07H.0209 - Coastal Shorelines ..................................... ..............................7 4.2 15A NCAC 07H.0300 - Ocean Hazard Areas .................................................... ..............................8 4.3 15A NCAC 07H.0400- Public Water Supply .................................................... ..............................9 4.4 15A NCAC 07H.0500 - Natural and Cultural Resource Areas .................. ..............................9 4.5 15A NCAC 07H.0600 - Development Standards Applicable to all AECS ...........................9 4.5.1 15A NCAC 07H.0601 No Violation of any Rule ........................... ..............................9 4.5.2 15A NCAC 07H.0602 Pollution of Waters ..................................... ..............................9 4.5.3 15A NCAC 07H.0603 Minimum Altitudes ................................... .............................10 4.5.4 15A NCAC 07H.0604 Noise Pollution ........................................... .............................10 5.0 Coastal Area Guidelines ......................................................................................... .............................10 5.1 15A NCAC 07M - General Policy Guidelines for the Coastal Area ........ .............................10 5.2 15A NCAC 07M.0700 - Mitigation ..................................................................... .............................11 5.3 15A NCAC 07M.0800 - Water Quality .............................................................. .............................12 6.0 Conclusion ................................................................................................................... .............................13 FIGURES Figure 1 -1 - Site Location Map Figure 2 -1 - Proposed Site Layout Map Figure 2 -2 - Seawall Retrofit Detail Figure 2 -3 - Alternative Considered, Not Selected Map ATTACHMENTS Attachment A - Final Environmental Assessment (EA) BLACK & VEATCH I Table of Contents National Oceanic and Atmospheric Administration CAMA CONSISTENCY DETERMINATION 1.0 Project Description The National Oceanic and Atmospheric Administration (NOAH) National Ocean Service (NOS) Center for Coastal Fisheries Habitat Research ( CCFHR) has proposed a utility infrastructure project (the Project) to construct underground electrical service and telecommunications utility infrastructure (underground utility conduit) within the CCFHR campus and repair approximately 800 linear feet of an existing seawall on Pivers Island, the Town of Beaufort, Carteret County, North Carolina. Pivers Island in the Town of Beaufort, Carteret County, North Carolina is located near the southern end of North Carolina's Outer Banks. The 25 -acre island is shared jointly by the National Oceanic and Atmospheric Administration's (NOAH), NOS CCFHR and the Duke University Marine Laboratory (DUML). The island is bordered by downtown Beaufort to the east, Highway 70 to the north, and Radio Island to the west (GEA 2008). A site location map of Pivers Island is presented in Figure 1 -1. The purpose of the proposed Project is to provide a more secure electrical and telecommunications network for the CCFHR campus, particularly during storm events that have the potential to bring down overhead utility lines. The project will involve the installation of new utility conduits along the perimeter of the northern and eastern portion of the CCFHR campus along with a telecommunications conduit for future networking upgrades. In addition, an 800 -foot section of an existing seawall that was damaged during Hurricane Sandy in 2012 is proposed to be repaired. The new underground utility conduit will be designed and constructed to fill current voids in the utility corridors on the CCFHR campus. Once the utility conduit is installed, the existing overhead power distribution lines, poles and metering on the island will be disconnected and removed. The seawall that is proposed for repair runs along the western edge of Pivers Island from the northern bridge accessing the island to the northern boundary of the Duke University property. This coastal area is vulnerable to severe weather hazards and has sustained major damage from high winds and flooding from 15 different hurricanes since 1933 (Wooten 2009). The repaired seawall will protect the western side of the CCFHR campus from being undermined and damaged further by storm events. 2.0 Alternatives Analysis 2.1 PREFERRED ALTERNATIVE The preferred alternative is shown in the Proposed Site Layout Map, Figure 2 -1, and includes the following components: electrical, future information technology (IT) /telecommunications infrastructure, and seawall repair. The subsections below provide a summary of each component of the preferred alternative. BLACK & VEATCH I Project Description National Oceanic and Atmospheric Administration CAMA CONSISTENCY DETERMINATION 2.1.1 Electrical Install an underground electrical service in three segments on the CCFHR campus totaling approximately 1,038 linear feet The north electrical segment runs approximately 380 linear feet from near the northern access bridge in the northwest corner of Pivers Island. The center segment is approximately 420 linear feet long and generally routes east -west in the center of the CCFHR campus, avoiding the Coastal Area Management Act (CAMA) 75- foot Area of Environmental Concern (AEC) to the extent practicable. The south segment is approximately 238 linear feet in length and connects the Administration Building to the southern portion of the property. New transformers, metering and other electrical equipment will be set as needed by Duke Energy. Remove existing overhead power lines /transformers /structures and cutover to new buried services. Other activities that will support the Project include the following: installing new light poles; replacing existing light poles (3 within the AEC); removal of selected backup generators and existing underground storage tanks, installation of an above ground fuel tank, and demolition and replacement of concrete pads. Future IT /Telecommunications Infrastructure Install two new 4 -inch empty conduits which run parallel to the south segment of the new buried electrical service. The future installation of IT /telecommunications infrastructure will provide upgraded connectivity to buildings in the northern part of the CCFHR campus. This portion is estimated to run approximately 240 feet 2.1.2 Proposed Seawall Repair Repair an existing seawall from the northern access bridge approximately 800 linear feet south to the Duke University property boundary on the western side of Pivers Island. A vinyl sheet piling with rip -rap design is the proposed solution for the seawall repair application. Figure 2 -2 illustrates the details of the vinyl sheet piling and provides a cross section view. Work is anticipated to be performed from a small barge /boat The preferred alternative will meet the needs of the proposed Project. The upgraded electric and IT /telecommunications utility infrastructure will meet NOAA standards, provide better service, improve reliability, and by going underground it will reduce vulnerability to service outages and problems associated with severe storms. The western seawall repair will not only repair the undermining damage from Hurricane Sandy, it will provide better reinforcement and strength to withstand force winds and wave action from future severe storms. Additionally, an ecological benefit of moving the conduit underground will be to remove the threat of avian, particularly gulls, roosting on and colliding with overhead power lines. Power disruption and Brown Pelican (Pelecanus occidentalis) deaths have been occurring at CCFHR (Guyton 2014). BLACK & VEATCH I Alternatives Analysis National Oceanic and Atmospheric Administration CAMA CONSISTENCY DETERMINATION 2.2 NO- ACTION ALTERNATIVE The no- action alternative provides the basis for a comparative analysis of the action alternatives. NOAA considered the alternative of taking no action; however, this would not fulfill the current needs of the Project. The costs of electrical power outages, outdated IT /telecommunications infrastructure, reduced speed and reliability, undermining of the seawall, potential for flooding, and avian fatalities all considered together outweigh the cost of constructing the preferred alternative. As a result, the no- action alternative was not selected and eliminated from consideration. 2.3 ALTERNATIVE CONSIDERED AND REJECTED An alternative that was considered and rejected in the early stages of project development included all of the components of the preferred alternative described above, plus an additional routing of underground electric and IT /telecommunications infrastructure running north -south along the western side of the property, as shown on Figure 2 -3. The alternative proposed additional routing of electrical/ telecommunications duct bank that was to run from the parking area south of the Annex building, go west and south of the Administration building, then join up with the underground "utility ring" near the Storage III and Preserved Sample buildings in the southwest area of the CCFHR campus. This alternative was ruled out because the single power feed to the island caused the western portion and completion of a "utility ring" to be unnecessary. The cost of the alternative was also prohibitive. Additionally, a subsurface investigation has yet to reveal the amount and location of existing underground conduits; therefore, it may be difficult to determine suitable locations for the alternative underground route. Rejecting this alternative provides benefits due to less ground disturbance; therefore, less of the associated potential impacts will result such as destruction of vegetation, removal of stabilizing ground cover, stormwater runoff, erosion, and surface water sedimentation. 3.0 Resource Agency Coordination A consultation letter was sent to the North Carolina (NC) Department of Cultural Resources State Historic Preservation Office (SHPO) on December 16, 2013 requesting concurrence that the proposed Project would not have any significant adverse impacts on cultural or historical resources within the project area. A concurrence letter was received from the SHPO on December 31, 2013 indicating that they are not aware of any historic resources that would be adversely affected by the Project. A consultation letter was sent to the NC Department of Environmental and Natural Resources (NCDENR) Natural Heritage Program (NHP) on December 16, 2013 requesting a search of their records for the presence of any rare species, natural communities, significant heritage areas, or conservation managed areas located within the Project area. The NHP issued a response letter dated January 9, 2014 that concurring that the proposed Project would not have any BLACK & VEATCH I Resource Agency Coordination National Oceanic and Atmospheric Administration CAMA CONSISTENCY DETERMINATION significant adverse impacts on important natural communities, significant natural heritage areas, or conservation /managed areas within the proposed project area. The response letter also stated that the several rare species have occurred within the project area; however, some of the records are considered historical, and some are of very low accuracy. These rare species are summarized in the table below. SCIENTIFIC NAME Passerina ciris ciris COMMON NAME Eastern Painted Bunting OCCURRENCI STATUS Current M Medium SC FSC Parietaria praetermissa Large -seed Pellitory Current Low SC -V - - -- Acipenser oxyrinchus Atlantic Sturgeon Current Low SC E Coryphaeschnaingens Regal Darner Current Very Low SR - - -- Trichechus manatus West Indian Manatee Current Very Low E E Seminatrix pygaea Black Swamp Snake Current Very Low SR - - -- Erythrina herbacea Coralbean Historical Low E - - -- Heterodon simus Southern Hognose Snake Historical Very Low SC FSC Malaclemys terrapin I Diamondback Terrapin I Obscure I Very Low SC FSC, in part E —Endangered SC - Special Concern FSC— Federal Species of Concern SR - Significantly Rare SC- V - Special Concern Vulnerable A consultation letter was sent to the National Oceanic and Atmospheric Administration National Marine Fisheries Service (NMFS) on December 16, 2014 requesting a records search for the presence of federally protected aquatic resources (fisheries in particular) and their habitats within the Project area. NOAA Fisheries responded via email on January 30, 2013 stating that five species listed under the Endangered Species Act potentially exist in the Project area they are the Kemp's Ridley Sea Turtle, the Green Sea Turtle, the Loggerhead Sea Turtle, the Shortnose Sturgeon and the Atlantic Sturgeon. It was also stated that no critical habitat for federally protected aquatic resources been designated in the Project area. An Essential Fish Habitat (EFH) Assessment consistent with 50 CFR 600.920(e)(3)i -iv of the Magnuson- Steven Fishery Conservation Act (Magnuson- Stevens Act) was prepared and submitted to the NMFS for review. Three types of EFH were identified within close proximity to the seawall repair location including estuarine wetlands, shellfish beds (oysters) and mud bottom. A consultation letter was sent to the United States Fish and Wildlife Service ( USFWS) on December 16, 2014 requesting concurrence that the proposed Project would not adversely impact federally protected species or their designated critical habitat within the project area. The USFWS issued a concurrence letter dated January, 24, 2014 with the finding that the project as proposed would not adversely impact any federally - listed endangered or threatened species, their formally designated habitat or species currently proposed for listing under the Act. An Army Corps of Engineers Nationwide Permit #3 - Maintenance (sea wall repair) will be submitted to the Wilmington District. No work will be initiated until all required authorizations have been obtained. BLACK & VEATCH I Resource Agency Coordination 4 National Oceanic and Atmospheric Administration CAMA CONSISTENCY DETERMINATION 4.0 Areas of Environmental Concern As defined in the North Carolina Administrative Code Title 15A, Chapter 7, Subchapter H, the Project is located in an "Area of Environmental Concern" (AEC). The Project falls within the "Estuarine and Ocean System Categories" which include estuarine waters, coastal wetlands, public trust areas and estuarine and public trust shorelines. The Project is compliant with the enforceable policies of Subchapter 7H as discussed in the following sections (as applicable). 4.1 15A NCAC 07H.0200- THE ESTUARINE SYSTEM 4.1.1 15A NCAC 07H .0205 — Coastal Wetlands This category establishes management objectives to "conserve and manage coastal wetlands so as to safeguard and perpetuate their biological, social, economic, and aesthetic values." Although coastal wetlands are located in the vicinity of the Project, no wetlands were identified on the CCFHR campus or within the area of the preferred alternative activities. As a result, the preferred alternative will not have any adverse impact on wetland resources and as such, will not require wetland permitting from the USACE or NCDENR Division of Water Resources (DWR). Because there are no potential impacts to wetland resources, mitigation is not anticipated and therefore, is not proposed. 4.1.2 15A NCAC 07H .0206 — Estuarine Waters This category establishes policies to "conserve and manage the important features of estuarine waters so as to safeguard and perpetuate their biological, social, aesthetic and economic values ". The preferred alternative will occur within an estuarine water AEC on the CCFHR campus. The entire seawall repair will occur at or below the normal high water mark along an estuarine shoreline. Surface waters of Bulkhead Channel will be temporarily impacted with minor permanent fill to accommodate the repair of the existing 800 -foot seawall. To protect these surface waters, best management practices (BMPs) to prevent siltation and sediment from entering the adjacent estuarine waters, such as silt fence, filter socks and turbidity barriers, will be used within Bulkhead Channel. Since the preferred alternative will only have minor and temporary impacts to the AEC, no mitigation is proposed. 4.1.3 15A NCAC 07H .0207 — Public Trust Lands This category establishes policies 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." Public trust areas include the following bodies of water; All waters of the Atlantic Ocean and the lands thereunder from the mean high water mark to the seaward limit of state jurisdiction. All natural bodies of water subject to measurable lunar tides and lands thereunder to the normal high water or normal water level. BLACK & VEATCH I Areas of Environmental Concern National Oceanic and Atmospheric Administration CAMA CONSISTENCY DETERMINATION All navigable natural bodies of water and lands thereunder to the normal high water or normal water level as the case may be, except privately -owned lakes to which the public has no right of access. All water in artificially created bodies of water containing public fishing resources or other public resources which are accessible to the public by navigation from bodies of water in which the public has rights of navigation. All waters in artificially created bodies of water in which the public has acquired rights by prescription, custom, usage, dedication, or any other means. The preferred alternative will occur within a public trust area since the waters surrounding Pivers Island (including Bulkhead Channel) are are navigable, natural bodies of water subject to measurable lunar tides that are immediately adjacent to the Atlantic Ocean. The seawall repair will be completed immediately adjacent to the existing seawall and will in no way impact navigation or recreational activities in Bulkhead Channel. The project will not directly or indirectly block or impair Bulkhead Channel, increase shoreline erosion, deposit spoils below normal high water, cause adverse water circulation patterns, violate water quality standards, or cause degradation of shellfish waters. The preferred alternative will protect the channel from further erosion for many years to come. 4.1.4 15A NCAC 07H .0208 - Use Standards This section establishes use standards for projects located in an estuarine and /or ocean system AEC. 4.1.4.1 (a) General Use Standards 1. The seawall repair is a project type that is located within estuarine waters and is water dependent. 2. The applicant will comply with the following standards: A. The proposed location, design, and need for development, as well as the construction activities involved have been established in the introductory sections of this document. B. The Project will comply with state and federal water and air quality standards. BMPs of the NC Division of Water Quality (DWQ) will be specified for construction of the project. C. Based on the conclusions of the Final Environmental Assessment by Black & Veatch dated May 8, 2014, the Project will not damage documented archaeological or historic resources as identified by the NC Department of Cultural Resources. D. Minor siltation to the AEC and CAMA area may occur during the repair of the seawall. Appropriate soil erosion and sediment control BMPs such as silt fence, filter socks and turbidity barriers will be used during the construction phase and any potential impact will be minor and temporary. E. The Project will not create stagnant water bodies. BLACK & VEATCH I Areas of Environmental Concern 6 National Oceanic and Atmospheric Administration CAMA CONSISTENCY DETERMINATION F. The project will be scheduled to minimize adverse impacts on life cycles of estuarine and ocean resources. G. The Project will not jeopardize the use of the waters for navigation or for other public trust rights in public trust areas including estuarine waters. 3. Not Applicable. 4. Based on information supplied on NCDENR Division of Marine Fisheries (DMF) website, the project is not located in an area designated as a "primary nursery area." S. Based on information supplied by the NC Division of Coastal Management (DCM), a portion of this project is located in an area of Outstanding Resource Waters. This project is the installation of an electrical and telecommunication network and the repair of a seawall on Pivers Island. The project is consistent with the standards adopted by NC Coastal Resource Commission (CRC), NC DWR Environmental Management Commission (EMC) and NC Marine Fisheries Commission (MRC) for estuarine waters and coastal wetlands. BMPs of the DWQ will be required on this project so as not to degrade the quality of the outstanding water resource. 6. The Project will not be constructed in areas with beds of submerged aquatic vegetation (SAV), habitats in the public trust or estuarine waters vegetated with one or more species of submergent vegetation. 4.1.4.2 (b) Specific Use Standards Specific use standards refer to the following activies and do not apply to this project. 1. Construction of navigation channels, canals and boat basins 2. Hydrualic dredging 3. Drainage ditches 4. Nonagricultural drainage S. Marinas 6. Piers and docking facilities 7. Bulkheads 8. Beach nourishment 9. Groins 10. Freestanding moorings 11. Filling of canals, basins and ditches 12. Submerged lands mining 13. Wind energy facilities. ..5 15A NCAC 071-1.0209 — Coastal Shorelines The management objective is 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 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 these shorelines so as to maximize their benefits to the estuarine and BLACK & VEATCH I Areas of Environmental Concern National Oceanic and Atmospheric Administration CAMA CONSISTENCY DETERMINATION ocean system and the people of North Carolina ". The proposed Project involves repairing an 800 linear foot section of the existing seawall located on the western side of Pivers Island. The shoreline behind the existing seawall is showing signs of erosion and several areas of ground have already collapsed. The entire seawall repair will occur at or below the normal high water mark and will prevent the shoreline from further erosion and potential failure of the existing structure. 4.1.5.1 Use Standards 1. The seawall repair will preserve and strengthen the natural barriers to erosion of adjacent channels. 2. The new seawall will be constructed as close as possible to the existing seawall using a vinyl sheet piling installation method so as to minimize the area affected by impervious surfaces and allowing natural drainage. 3. As part of the specifications of this project, the design -build contractor will be required to comply with the NC Sedimentation Pollution Control Act of 1973, including the creation of a buffer zone along the channel to confine visible siltation within 25 percent of the buffer zone nearest the land disturbing development. 4. The Project will not adversely impact estuarine and ocean resources. In order to avoid impacts and losses of the waters of the United States, the new seawall will be constructed as close as possible to the existing seawall using a vinyl sheet piling installation method. The coastal wetlands located along the shoreline will be avoided during construction and construction methods and minimization measures will be used to avoid adverse impacts to water quality standards, coastal wetlands, SAV, and shellfish beds. S. The Project will not interfere with existing public rights of access to, or use of, navigable waters or public resources. 6. Not Applicable. 7. Based upon the conclusions of the Environmental Assessment by Black & Veatch, dated May 8, 2014, the Project is not expected to irreversibly damage valuable, historic architectural or archaeological resources as documented by the local historic commission or the North Carolina Department of Cultural Resources. 8. The Project will not encroach upon public access ways or limit the intended use of the access ways. 9. The Project use is consistent with the general use standards of 15A NCAC 07H.0208 as discussed above. The construction contractor will comply with BMPs for construction and maintenance activities and DWQ's BMPs and the North Carolina Sedimentation Pollution Control Act of 1973, to control runoff into the channel or nearby wetlands. 10. Not Applicable. 4.2 15A NCAC 07H.0300- OCEAN HAZARD AREAS The AECs in this group are natural hazard areas along the Atlantic Ocean shoreline where, because of their special vulnerability to erosion or other adverse effects of sand, wind, and water. BLACK & VEATCH I Areas of Environmental Concern National Oceanic and Atmospheric Administration CAMA CONSISTENCY DETERMINATION Ocean hazard areas include beaches, frontal dunes, inlet lands, and other areas in which geologic, vegetative and soil conditions indicate a substantial possibility of excessive erosion or flood damage. There are no ocean hazard AECs on the CCFHR campus additionally, the proposed project would not violate any of the management objectives or use standards for these areas either directly or indirectly. 4.3 15A NCAC 07H.0400- PUBLIC WATER SUPPLY The AECs included in this group are public water supply well fields and A -II streams. The purpose of managing these AECs is to coordinate and establish a management system capable of maintaining public water supplies so as to perpetuate their values to the public health, safety, and welfare. The Project is not located within or near any of these AEC's; therefore, will not directly or indirectly impact potable water sources. 4.4 15A NCAC 07H.0500 - NATURAL AND CULTURAL RESOURCE AREAS The AECs gathered under the heading of fragile coastal natural and cultural resource areas are defined as areas containing environmental, natural or cultural resources of more than local significance in which uncontrolled or incompatible development could result in major or irreversible damage to natural systems or cultural resources, scientific, educational, or associative values, or aesthetic qualities. AEC identified under this section include Coastal Areas that Sustain Remnant Species, Coastal Complex Natural Areas; Unique Coastal Natural Areas; Significant Coastal Archaeological Resources; and Significant Coastal Historic Architectural Resources. The proposed project does not occur within any of these areas, nor will any resources in these areas be adversely affected by the proposed project. 4.5 15A NCAC 07H.0600 - DEVELOPMENT STANDARDS APPLICABLE TO ALL AECS 4.5.1 15A NCAC 07H .0601 No Violation of any Rule This standard establishes the policy that "no development shall be allowed in any AEC which would result in a contravention or violation of any rules, regulations, or laws of the State of North Carolina or of local Government in which the development takes place." This policy will be explicitly stated in the project specifications. 4.5.2 15A NCAC 07H .0602 Pollution of Waters This standard establishes the policy that no development shall be allowed in any AEC which would have a substantial likelihood of causing pollution in waters where shellfishing is an existing use. It is the intent of the Project to protect and minimally impact any shellfish beds. However, impacts to the oysters currently on the western seawall will be unavoidable in order to repair the seawall. To minimize the impacts to the oysters, individuals would be removed from the existing seawall and relocated water -ward of the PVC sheet piling. After the sheet piling has been installed, BLACK & VEATCH I Areas of Environmental Concern National Oceanic and Atmospheric Administration CAMA CONSISTENCY DETERMINATION it is expected that new oysters will recolonize the new seawall and return to preconstruction conditions. Oyster beds located adjacent to the Project area will be avoided. Other potential temporary impacts to waters that could potentially impact EFH include sediment suspension during the PVC sheet piling installation. To reduce and minimize potential impacts from sediment suspension and to mitigate for potential impacts, a turbidity barrier will be used as a BMP during construction. Three exiting light poles will be replaced in -kind within the AEC in the northeast corner of the CCFHR campus. Impacts from the pole replacement are expected to be temporary and minimal and the construction contractor will comply with DWQ's BMPs and the North Carolina Sedimentation Pollution Control Act of 1973 to control runoff /pollution in waters where shellfishing is an existing use. 4.5.3 15A NCAC 07H.0603 Minimum Altitudes No development involving airspace activity shall be allowed in any AEC which would result in violation of minimum altitude standards adopted by the Federal Aviation Administration and codified at 14 CFR Part 91.79. The Project does not include any development involving airspace activity which would result in a violation of minimum altitude standards adopted by the Federal Aviation Administration. 4.5.4 15A NCAC 07H .0604 Noise Pollution The maximum noise level associated with any single event shall not exceed 85 dBA. These limits shall not apply where noise impacts are confined to surface areas owned or controlled by the Project's proponent. Any noise monitoring required to ensure compliance with this Rule shall be the responsibility of the proponent. 5.0 Coastal Area Guidelines The North Carolina Administrative Code Title 15A, Chapter 7, Subchapter M establishes generally applicable objectives and policies to be followed in the public and private use of land and water areas within the coastal area of North Carolina. 5.1 15A NCAC 07M - GENERAL POLICY GUIDELINES FOR THE COASTAL AREA Sections of this standard are as follows: Section .0200 • Section .0300 • Section .0400 • Section .0500 • Section .0600 • Section .0700 • Section .0800 • Section .0900 Shoreline Erosion Response Policies. Shorefront Access Policies. Coastal Energy Policies. Post - Disaster Policies. Floating Structure Policies. Mitigation Policy. Coastal Water Quality Policies. Policies on Use of Coastal Airspace. BLACK & VEATCH I Coastal Area Guidelines National Oceanic and Atmospheric Administration CAMA CONSISTENCY DETERMINATION • Section. 1000 -Policies on Water and Wetland Based Target Areas for Military Training Activities • Section. 1100 - Policies on Beneficial Use and Availability of Materials Resulting from the Excavation or Maintenance of Navigational Channels • Section .1200 - Policies on Ocean Mining. The Project, as designed, located and proposed will not adversely impact, directly or indirectly, any resources or components identified in the sections of Subchapter M because the Project, ■ Is not located on a beach shoreline (Section .0200); • Will not further restrict access to shoreline on the facility (Section .0300); • Is not proposing energy generation facilities (Section .0400); • Is not located within a hazard area requiring a post- disaster plant to mitigate the possible effects of a coastal natural disaster (Section .0500); • Is not proposing any floating structure (Section .0600); • Is not requiring or proposing mitigation (Section .0700); • Is not adjacent to any coastal water and is not anticipated to cause a reduction in water quality (Section .0800); • Is not proposing any development related to aviation or airspace requirements (Section .0900); • Is not proposing any military based target areas (Section. 1000); • Is not proposing excavation or dredging of navigation channels (Section. 1100); and /or • Is not proposing any ocean mining (Section. 12 00). Given the information listed above, there is no conflict with the policies under Subchapter M. 5.2 15A NCAC 07M.0700 - MITIGATION (a) It is the policy of the State of North Carolina to require that adverse impacts to coastal lands and waters be mitigated or minimized through proper planning, site selection, and compliance with standards for development and creation or restoration of coastal resources Coastal ecosystems shall be protected and maintained as complete and functional systems by mitigating the adverse impacts of development as much as feasible by enhancing, creating, or restoring areas with the goal of improving or maintaining ecosystem function and areal proportion.The Project will potentially cause adverse impacts to three environmental media; soils, surface water and wildlife (EFH). The following describes each potentially adverse impact and the steps that will be taken to mitigate and /or minimize them: ■ Soils will be disturbed as a result of the utility and telecommunications conduits installation and the seawall repair; the disturbance will be minor and temporary BLACK & VEATCH I Coastal Area Guidelines 11 National Oceanic and Atmospheric Administration CAMA CONSISTENCY DETERMINATION and BMPs such as silt fence, filter socks and turbidity barriers will be used to prevent sediment from entering the waters adjacent to Pivers Island. Surface waters of Bulkhead Channel will be temporarily impacted with minor permanent fill to accommodate the repair of the existing 800 -foot seawall. It is anticipated that this work will qualify for a USACENWP3 Maintenance. Additionally, to further protect these surface waters, BMPs to prevent siltation and sediment from entering the adjacent surface waters, such as turbidity barriers, will be used within Bulkhead Channel to prevent sediment migration from the seawall repair location. The utility and telecommunications conduit installation and replacement of light poles will not directly impact any surface waters; however, BMPs such as silt fence and filter socks will be used to prevent sediment from being introduced into the waters adjacent to Pivers Island. EFH including shellfish beds (oysters) and mud bottom are expected to be temporarily impacted as a result of construction. To minimize the impact to the oysters, individuals would be removed from the existing seawall during construction and relocated water -ward of the PVC sheet piling. After the sheet piling has been installed, it is expected that new oysters will recolonize the new seawall and return to preconstruction conditions. Oyster beds located adjacent to the Project area will be avoided. Other potential temporary impacts to the waters of Bulkhead Channel that could potentially impact EFH include sediment suspension during the PVC sheet piling installation. To reduce and minimize potential impacts from sediment suspension and to mitigate for potential impacts, a turbidity barrier will be used as a BMP during construction. Temporary impacts to fish species may occur from the presence of the boat /small barge, human activity and noise associated with installation of the sheet piling, however, these impacts are expected to be temporary, minimal and not significant Additionally, to minimize any potential impact on mud bottom, the boat /small barge will only be used during higher tide events (mid -tide to high -tide back to mid - tide). The boat /small barge will not be present during low tide and other extraordinary low water events to prevent contact with the un- vegetated bottom. After the sheet piling is installed, the boat /small barge will be removed and impacts to fish species resulting from this activity will cease. . All impacts are anticipated to be minor and temporary and every attempt will be made to minimize the impacts therefore, no mitigation is proposed. 5.3 15A NCAC 07M.0800 -WATER QUALITY The waters of the coastal area are a valuable natural and economic resource of statewide significance. Traditionally these waters have been used for such activities as commercial and recreational fishing, swimming, hunting, recreational boating and commerce. These activities depend upon the quality of the waters Due to the importance of these activities to the quality of life and the BLACK & VEATCH I Coastal Area Guidelines National Oceanic and Atmospheric Administration CAMA CONSISTENCY DETERMINATION economic well -being of the coastal area, it is important to ensure a level of water quality which will allow these activities to continue and prevent further deterioration of water quality. It is hereby declared that no land or water use shall cause the degradation of water quality so as to impair traditional uses of the coastal waters. To the extent that statutory authority permits, the Coastal Resources Commission will take a lead role in coordinating these activities. The proposed Project will not cause a decrease in the quality of the surrounding waters. The Project is surrounded by estuarine waters; however, the Project will comply with all regulatory requirements so not to degrade the water quality and /or impair traditional uses. 6.0 Conclusion The proposed project conforms to the management objectives of 15A NCAC 07H.0205, 15A NCAC 07H.0206, NCAC 07H.0207, NCAC 07H.0208, NCAC 07H.0209 because there are no coastal wetlands in the project area, construction activities will not adversely affect estuarine waters or public trust lands, and the repaired seawall will help conserve a coastal shoreline. Also, all activities associated with the project are consistent with the use standards set forth in section NCAC 07H.0208. The proposed project is in agreement with the management objectives of NCAC 07H .0601, NCAC 07H.0602, NCAC 07H.0604, 15A NCAC 07M.0700 and 15A NCAC 07M.0800 as it is not in violation of any rules, regulations, or laws of the State of North Carolina or of local Government regarding development in an AEC, it will not result in the pollution of an outstanding water resource, will not cause noise pollution and is consistent with the mitigation and water quality guidelines set forth in those sections. The proposed project will as a result of the seawall repair impact oyster beds (EFH). To mitigate for this impact the oysters located on the existing seawall will be removed and relocated water -ward of the PVC sheet piling. The boat /small barge used for the seawall repair will only be used during higher tide events (mid -tide to high -tide back to mid -tide) and to prevent contact with the un- vegetated bottom, will not be present during low tide or other extraordinary low water events. A turbidity barrier will be used as a BMP in Bulkhead Channel to prevent sediment from entering the channel and surrounding waters resulting from installation of the sheet piling. Additionally the project will not adversely impact water quality, and will result in minimal permanent and temporary impacts to Bulkhead Channel, a Water of the US. The proposed project will be undertaken in compliance with all conditions of the Pivers Island Stormwater Mangement /Soil Erosion Sediment Control Plan, and NCDCM recommendations based on the review of this consistency determination. Adherence to these conditions and recommendations will further minimize adverse biological and environmental impacts to the maximum extent practicable. Upon completion, the project will provide the CCFHR Campus with a more secure and modern electrical and telecommunications network, particularly during storm events that have the potential to bring down overhead utilities and cause electrical outages. In addition, the seawall repair will protect the western side of Pivers Island from storm damage and further erosion. It will BLACK & VEATCH I Conclusion 13 National Oceanic and Atmospheric Administration CAMA CONSISTENCY DETERMINATION also prevent siltation of Bulkhead Channel if the exsiting seawall did fail. The project has been designed to minimize to the maximum extent practicable adverse environmental impacts to areas such as Outstanding Resource Waters, oyster beds and other essential fish habitat The completed Environmental Assessment, PCN for NWP 3, Section 10 and 404 approvals; and DWQ 401 Certification; demonstrate that the project is in compliance with all other applicable federal and state regulations. Upon review of the NCDCM CAMA rules and regulations this project should be in conformance with the necessary standards. BLACK & VEATCH I Conclusion 14 National Oceanic and Atmospheric Administration CAMA CONSISTENCY DETERMINATION FIGURES Baltimore IAtl10ic - -- ',Dover City Washington Arlington J Richmond Lynchburg Roanoke POM11101.103 _Virginia Beach SIY Norfolk Greensboro 1-1 Durham ston- saleill ` C, Pdorehead Rateigh City "Charlotte Bea rt Atlantic Jr,•a•:,_.'41 ii noll Beach Hat Isl nColurnbia Pivers Island Shackleford 8 .1'�� r Beaufort, NC Banks �O Carteret County Charleston Savannah 1 in = 160 miles 1 in = 4 miles Michael - ,uo,r Hd e`rll Smilh Field E °rl Pve of kgve FAiDips Grand tot 1.l ason �n 0 e Ronnie Rd Beaufort Rd .. `o N steep Pines r, Fork C1 George Sf .—'- V -.. Old Causeway Rd y y o P I��� • �J`� �e Mrbe 5 a o° A F mod W III ow st 6S L 64c B eCy BeaUiOrt 4*�` �rS G \O�Dr�o� Sr sr o r a° " r it Dr NOAA Campus LL N — R0 S Data Sources: Legend ESRI, NAVTEQ, Intermap Site Boundary N 0 1,000 2,000 4,000 Site Location Map Pivers Island Figure Feet CAMA Consistency Determination 1 -1 NAD83 Stateplane North Carolina, Feet Beaufort, Carteret County, NC N 0 100 200 400 Proposed Site Layout Map Pivers Island Figure Feet CAMA Consistency Determination 2.1 NAD83 Stateplane North Carolina, Feet Beaufort, Carteret County, NC FILL IN BEHIND AND UNDER EXISTING SEAWALL WHERE SEAWATER HAS ERODED AND CAUSED SINK HOLE DAMAGE AS REO'D / CONCRETE CAP /WALKWAY EXISTING GRADE =1 I TO TIE NEW SUPPORT TO EXISTING i TING 1N PLAC E — f -- NEW WALER CONCRETE -10 p REMAtN ~ DEADMAN }� ANCHOR RODS _ -_ -� - - INTERSTITIAL SPACE MEDIUM ANCHOR BETWEEN EXISTING AND NEW SEAWALLS EKSIGI� 0 HIGH --- ANCHORS NEW PVC VINYL SHEET PILES HELtCAt TO SUPPORT EXISTING SEAWALL J J WATER LEVEL — VARIES c� z - Ln REVETMENT AS NEEDED X w LAND SIDE ] ISEAWARD SIDE ESTING I 2XI II SEA FLOOR VARIES TIMBER PILES — 0 2.5 5 10 Feet Seawall Vinyl Sheet Piling Detail Pivers Island Figure CAMA Consistency Determination 2 -2 Approximate Scale Beaufort, Carteret County, NC N 0 100 200 400 Alternative Considered and Rejected Pivers Island Figure Feet CAMA Consistency Determination 2_3 ° NAD83 Stateplane North Carolina, Feet Beaufort, Carteret County, NC National Oceanic and Atmospheric Administration CAMA CONSISTENCY DETERMINATION ATTACHMENTS