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HomeMy WebLinkAbout20140751 Ver 1_401 Application_20140714FIFWA 20140751 WMENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor July 14, 2014 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: Karen Higgins Division of Water Resources Daniel Govoni FEDERAL CONSISTENCY U.S. Fish and Wildlife Service Mattamuskeet National Wildlife Refuge John E. Skvarla, III Secretary JUL 17 c0�4 1 Replacement of the Rose Bay Canal water control structure Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 8, 2014. If you have any questions regarding the proposed project, please contact Daniel Govoni at (252) 808 -2808. When appropriate, in -depth comments with supporting data is requested. REPLY: SIGNED This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. DATE 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252 - 808 -28081 FAX 252 - 247 -33301 Internet: www.nccoastalmanagement.net An Equal Opportunity / Affirmative Action Employer CONSISTANCY DETERMINATION FOR -___DIATTA WSKEET- NATIONAL WILDLIFE REFUGE REPLACEMENT OF ROSE BAY CANAL WATER CONTROL STRUCTURE HYDE COUNTY, NORTH CAROLINA 1. Project Description The U.S Fish and Wildlife Service will replace the Rose Bay Canal water control structure (WCS) located along Turnpike Road approximately 750 feet west of the intersection of Turnpike Road and.Piney Woods Road in Hyde County, North Carolina. The WCS is not on Mattamuskeet National Wildlife Refuge (NWR) but is located on a permanent easement along Rose Bay Canal. The project area is shown,in Figures 1 and 2. The existing WCS is constructed of concrete and has three bays. Each bay is fitted with a top - hinged aluminum gate The replacement WCS will also be concrete and have four bays fitted with aluminum top= hinged gates. The,replacement project will consist of removing the existing WCS and constructing a new WCS dust to the, east (lake side) of the existing WCS Although the new WCS will have one additional gate, it will fit into the existing width of Rose Bay Canal Therefore,'the canal will not have to be widened to accommodate the new WCS SheetYmetal piling will be placed both upstream and downstream of the project site in order to pump out water to make the site accessible. The existing WCS will remain in place during construction and be completely removed afterconstruction of the new WCS. The new WCS will be set on PZ -22 sheet piling. The piling will be 27 feet long., Twenty feet of the pilmg,will' be driven into the ground. The section of pilmg'that'the WCS will be, constructed on will be cut down seven feet to the bottom of the canal. The section of piling outside of the WCS will not be cut and used as a wing wall. The WCS will be constructed of cast -in -place Portland cement with.reinforced steel. The four aluminum gates will be approximately 79mches high and 71 inches wide.Gate hoists will be installed to provide the capability to flush out any trapped debris that keeps the gates from completely closing. Riprap will be placed,on both sides of WCS, approximately 125 tons on.the, downstream side and 75 tons on the upstream side. Geotextile fabric will be put down prior to placing the riprap.A steel handrail will be installed on the top of the WCS II. Background Mattamuskeet NWR was established in 1934. The Refuge is located inHyde County; North Carolina. The purpose of the refugeis to protect,and conserve migratory birds and other wildlife resources ,through the protection of wetlands, ,in accordance, with the following: ...,as a refuge and breeding,ground for, bards and wild animals, and ,(2) that such, portions as the Secretary of Agricultural [Interior] may deem proper be reserved for ,use as a shooting area, to be operated under a cooperative agreement, or lease. With regard to thewaters.. the Secretary of Agriculture [Interior]. may enter intoa cooperative _agreement or,lease_ said waters_maybe usedfor fishing - purposes.. (Executive Order -- . 6924, dated Dec. 18, 1934) ...for use as an inviolate sanctuary, or for any other management purpose, for migratory birds, 16 U.S.C. 715d (Migratory Bird Conservation Act of 1929) ...for the development, advancement, management, conservation, and protection offish and wildlife resources... 16U S.C. 742f(a)(4)...for the benefit of the United States Fish and Wildlife Service, in�performing its activities and,services Such acceptance,may be subject to the terms of any restrictive or affirmative covenant, or condition of servitude...16U.S':C. 742(b)(1) (Fish and Wildlife Act of 1.956) The Refuge is legally obligated to allow local landowners to drain thei'r'lands into Lake Mattamuskeet. An October 1934 North Carolina Superior Court decision ordered, adjudged and decreed that: All of the. lands originally situated within the boundaries of Mattamuskeet Drainage District are adjudged to have the right and shall be permitted to drain into Mattamuskeet Lake (being the land described in the deed from State Board of Education to'Southern Land Reclamation Company), as they,did or could have done prior to the creation of the said District, and such right of drainage shall be without payment of any assessment or charge against them The Refuge consists of 50,180 acres. Eleven habitat types or land uses are- found on the, refuge. These cover types, for the most part, are classified as wetlands based upon vegetation, degree of soil saturation, and hydroperiod. All cropland (currently not in cultivation) is classified as prior converted wetland. These communities are open water, freshwaier,marsh, nonriverine swamp forest, mixed pine hardwood forest, wet -pine flatwoods, moist soil unit impoundment, cypress - gum impoundment, cypress -gum swamp, cropland, administrative areas and high pocosin. The different habitats support a variety of wildlifespecies, Approximately 250 species of- birds, 47 species of 'mammals and 61 species of reptiles and amphibians are believed to be found either seasonally or year -round on the refuge,-although no formal inventories have been conducted for mammals or reptiles /amphibians.Federally threatened or endangered species known to inhabit the refuge include American, alligator- (Alligtormississippiensis) and red wolf (Canisrufus), 111.Existin1z Conditions The existing WCS was constructed in 195 1,. The WCS has deteriorated over-the years and the gate hoists that were installed when the WCS was built were removed in 1987. This has, resulted in-the frequent inflow of salt water from the Pamlico Sound side of the WCS to the Lake Mattamuskeet side, when the gates, get struck open with debris or become misaligned The construction of a functional gate system with gate hoists` will help to alleviate this situation. 2 IV.Alternatives Analysis Feasible alternatives to the replacement project are discussed below. *No ActionAlternative The WCS will.not be, replaced, resulting in progressively'deteriorating conditions. This will not address the frequent instances of Sound water inflow through the WCS gates, resulting in continuous monitoring and refuge staff time to correct the problem. Replacement or major rehabilitation of the structure will eventually be required. *Install Gate Hoists and Repair Gates and Sills This alternative,involves inspecting the current gates and wood sills for damages or flaws and performing needed repairs. Gate hoists will be installed to enable opening the gates to flush through stuck limbs or debris that prevents the gates from completely closing. This may stop the inflow of Sound water through the gates, but will not address the continuing deterioration of the structure. *Replace the Rose Bay Canal Water Control Structure The current three bay WCS will be demolished.and replaced with a four bay WCS. Each bay will be fitted with a top - hinged aluminum gate. The additional gate will not require that the canal at the site of the WCS be widened. The gates on the new structure will open to release water from the lake when the water level of the lake exceeds the Sound level. The gates will close when the water level of the Sound exceeds the level of the.lake, preventing the inflow of Sound water into the lake. V.IResource Agency Coordination The Wilmington District of the U.S. Army Corps of Engineers (ACE) was contacted concerning this project. A Pre - Construetion Notification was submitted to the ACE. AnIntra- Service Section 7 Biological Evaluation Form was submitted to the U.S Fish and Wildlife, Service Ecological Services Office in.Raleigh, NC. VI. Mitigation The proposed work involves the demolition of the existing Rose Bay Canal WCS and construction of anew WCS. Any environmental impacts will be minimal and short- termed. No estuarine marshes or wetlands will be impacted. The'impervious surface of the site will,not increase. 'Therefore, no mitigation is required for this project. V'II. Areas of )Environmental Concern The project i's located on Rose Bay Canal,.a,man -made canal approximately 750 feet west of the intersection of Turnpike and Piney Woods Roads. This is Within an Area of Environmental Concern,as defined by Part 3 Section 113A -1,13 of the NorthCarolina Coastal, Management Act. Specificalty, ihe�projecrwill be occurring in an area that is designated Public, Trust Areas and Estuarine Waters 91 _! Rose Bay_ Canal- is divided into two sections for surface water.classifications as designated by the North Carolina Division of Water Quality The first section-is from Lake Mattamuskeet to Boundary Canal and the ,second section is from the Boundary Canal to Rose Bay Creek. Both sections are classified as SC. The definition of SC is: all tidal salt waters protected for secondary recreation such as fishing, boating and other activities involving minimal skin contact: fish and noncommercial shellfish consumption; aquatic life propagation and survival; and wildlife. The North Carolina Division of Marine Fisherieshas designated Rose, Bay Canal from Rose, Bay to the intersection of Turnpike and.Piney Woods Road's as a,Primary Fishery Nursery Area. V111. Project Conformance with Hyde County -band Use Plan Mattamuskeet NWR is classified as Protected Lands and Significant Natural Heritage Areasin the 2008 Hyde County CAMA Land Use Plan. The County Plan lists 49,783 acres of Mattamuskeet NWR, or 11.5% of the County's total mainland acreage under this designation. Protected Lands are described as: ..,areas dedicated to conservation and open, space based uses that are protected from development' byregulation,or by ownership by governments or non-profit organizations Sign f cant Natural Heritage Areas are described as: ...areas containing ecologically significant natural communities or rare species. The County Plan states "Hyde County has a tremendous inventory of Significant Natural Heritage Areas, including such gems as Roper Island, Gull Rock Game Land and Mattamuskeet NWR. As with Protected Lands, these lands provide a tremendous resource for the County in attracting tourists, businesses, and residents looking for an area with tremendous unspoiled natural resources." Mattamuskeet NWR is listed as one of two Regionally Significant Parks in the County Plan - Although the Plan does not give a definition of,this designation, it states "'Hyde County has environmentally significant wildlands 'in abundance. Two regionally significant parks in the `County are home to a good representation of these areas." The other park is Cape Hatteras National Seashore. Rose Bay is classified as an impaired waterbody within the Tar - Pamlico River Basin Watershed, Subbasin 03- 03 -08. This classification is assigned to waterbodies because they are,either prohibited or permanently closed for shellfishing. Lake Mattamuskeet and Boundary Canal were identified as having indications of water quality issues, but were not classified as impaired The Residential Land Use section of the Plan states: Demand for both primary residences and second/retirement, homes is likely to increase in 'the Fairfield area, on and near lakefront property or property with lakefront access, due to the amenity values of Lake Mattamuskeet The quantity, density,, and intensity of this development will be limited by lack ofpublic water and waste disposal systems and poor soil conditions for private water and waste, disposal systems 0 —IN, Analysis of the Project in Relation to North Carolina's Coastal Managenment Program - - - -- Poli6es Projects within,Areas of Environmental Concern 15A NCAC 07H 0203 identifies the Management Objective of the Estuarine and Ocean System: It is the objective of the Coastal Resources Commission to conserve and manage estuarine waters; coastal wetlands, ,public trust areas, and estuarine andpublic trust shorelines, as an interrelated group of AECs, so as, to safeguard and perpetuate their biological, social, economic, and aesthetic values and to, ensure that development occurring within these AECs is compatible with natural characteristics so as to minimize the likelihood of sign fcant'loss of private property and public resources Furthermore, it is °the objective of the Coastal Resources Commission to protect present common -law and statutory public rights of access to the lands and waters of the coastal area The project will not adversely affect the conservation or management of estuarine waters and public trust areas. No marsh or wetland will be disturbed as a result of the demolition and construction project. The replacement WCS will be located adjacent to the existing WCS with no increase in size to require widening or deepening the canal. 15A NCAC 07H .0205 defines Coastal Wetlands:as any salt marsh or other marsh subject=to regular or occasional flooding by tides, including wind tides and includes some f not all of 10 species of plants Management objective for coastal wetlands are to conserve and,manage coastal wetlands so as to safeguard and perpetuate their biological, social, economic and aesthetic values, ,and to coordinate and establish a management system capable of conserving and utilizing coastal,wetlands as a natural resource essential to the functioning of the entire estuarine system Suitable land uses are those consistent with the management objective in this Rule Highest priority of use is allocated to the conservation of existing coastal wetlands Second priority of coastal wetland use is given to those types of development activities that require water access and cannot function elsewhere Examples of acceptable land uses include utility easements, fishingpiers, docks, wildlife habitat management activities, and agricultural uses such as farming and forestry drainage as permitted under North Carolina's Dredge and Fill Law or other" applicable laws The project will not affect the biological and aesthetic values of coastal'wetlands. No marsh or wetlands will be disturbed. Typical coastal wetland plant species are not found at the 'project site. Land types adjacent to the project site are dirt roadbed-and as paved Turnpike Road. The highest priority of conserving existing coastal wetlands will be maintained. The second priority of development activities that provide water,access that cannot be provided elsewhere will not be affected No coastal wetlands will be altered. 15A NCAC 0714 .0206 identifies the Management Objective, of Estuarine Waters: To conserve and manage the important features of estuarine waters so as to safeguard and perpetuate their biological, social, aesthetic, and economic values, to coordinate and establish a management system capable of conserving and,utclizmg estuarine waters so as to maximize their benefhs to man and,the estuarine and ocean system This section also identifies the Use Standard's, for Estuarine Waters as: Suitable'land/w.ater uses shall' be those consistent with the management objectives in this Rule Highest priority of-use shall be 5 allocated to the conservation of estuarine waters and their vital components Second priority of estuarine waters use shall be given to those types of development °activities, that require water access and use,which cannot function elsewhere such as,simple access channels; structures to prevent erosion, navigation channels, boat docks, marinas, piers, wharfs, and mooring pilings This project complies with the management objectives and use standards-for estuarine waters in that the important features of estuarine waters along with its biological, social, aesthetic, and economic values will not be affected. The vital components of estuarine waters will be conserved. 15A NCAC 07H.0207 identifies the Management Objective of Public Trust Waters: To protect public rights forsnavigation and recreation and to conserve and manage, the public trust areas so as to safeguard and perpetuate their biological, economic and aesthetic value The project will result in the continuation of current public use and access. Navigation in the canal is probably possible, but has not been observed in this section of the canal. The section of the canal commonly used for navigation is from the public boat ramp on the Refuge east towards Lake Mattamuskeet. This section is used by fishermen and canoeist/kayakers. The existing WCS has been in place since 1951 and has not been considered a navigational obstruction. The overriding public benefit to curtail salt water intrusion into Lake Mattamuskeet and adjacent agricultural lands overrides the capability of the public to navigate this section ofthe canal. The project will have no effect on safeguarding the biological, economic and aesthetic values of public trust areas. 15A NCAC 07H.0208 (a) (1) identifies Use Standards: Uses which -are not water dependent shall not be permitted in coastal wetlands, estuarine waters; and public trust areas Uses that are water dependent'include. utility crossings, wind energy facilities, docks, wharves, boat ramps, dredging, bridges and bridge approaches, revetments, bulkheads, culverts, groins, navigational aids, mooring pilings, navigational channels; access channels and drainage ditches The replacement of the existing WCS with a new WCS is water dependent as defined in this section. The WCS functions to curtail the inflow of saltwater into Lake Mattamuskeet and release waters from the lake. This benefits the water quality, wildlife and fishery resources of the, lake, and the estuarine waters, and public use, such as hunting, fishing, crabbing and recreational boating. 15A NCAC 07H .0208 (a) (4) identifies Use Standards. Primary nursery areas as those in the estuarine and ocean _system where initial post larval development offinfish and crustaceans takes place They are usually located in the uppermost sections of a system where populations are uniformly early juvenile stages The section of Rose Bay Canal from Rose Bay to the intersection of Turnpike and Piney Woods Roads is designated as a Primary Fishery Nursery Area. The existing WCS is located approximately 750 feet west,of the intersection of Turnpike and,Pmey Woods Roads and does not limit access, by post larval finfish and crustaceans to the majority of the designated Primary Fishery Nursery Area. The existing WCS allows limited passage 0 of anadromous and catadromous fishes and blue crabs. The new WCS will, be fitted with an_additional_gate that_will enhance fish passage.__ 15A NCAC 07H .0209 identifies the management objectives for 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 oceamsystem 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 ocean system and the people of North Carolina The proposed project meets the listed management objectives. The project is designed to minimize /avoid adverse, environmental impacts. There is no creation_or increase of impervious surface associated with this project. There will not be a change in the amount or type of current surface material. The�prcject will not weaken or eliminate natural barriers to erosion 15A NCAC 07H .0505(c) identifies the management objective for Coastal Areas that Sustain Remnant Species: To protect unique habitat conditions that are necessary to the continued, survival of' threatened and endangered native plants and animals and to minimize, land use impacts that,might jeopardize these conditions. Nine federally listed endangered or threatened species of mammal, reptiles and fish are listed -as occurring in the coastal waters of Hyde County. These include West Indian manatee, (E), piping plover (T), red - cockaded woodpecker (E), American alligator (T S /A),loggerhead sea turtle (T), green sea turtle (T), leatherback sea turtle (E), Kemp's Ridley sea turtle (E), and shortnose. sturgeon (E). None of these species are known to occur in the project,site area nor is the area designated as critical habitat for the species. A Section 7 Biological Review was submitted-to the U.S. Fish and Wildlife Raleigh Ecological Field Office for review`and concurrence of No Effect. 15A NCAC 07H .0506(a) describes Coastal Complex Natural Areas. Coastal complex natural areas are defined as lands that support native plant and animal communities and provide habitat qualities °which have remained essentially unchanged by human activity Such areas may be either significant components of coastal systems or especially notable habitat areas of scientific, educational, or aesthetic value They may be surrounded by landscape that has been modified but does not drastically alter conditions within the natural area Such areas may have been altered by human activity The project site is not located in.an area described as a Coastal Complex Natural Area. 15A NCAC 07H .0507(a) describes Unique Coastal Geologic Formations: Unique coastal geologic formations are defined as sites that contain geologic formations that are unique or otherwise significant components, of coastal systems, or that are especially notable examples of geologie formations or processes in the coastal area The ,project site is not located in an area described as a Unique Coastal Geologic Formation. 7 15A NCAC 07H .0509(a) describes- Significant Coastal Archaeological Resources Significant- coastal archaeological resources are defined as areas that contain archaeological remains (objects, features, and/or sites) that have more than local significance to history or prehistory The project site is not located in an area described as a Significant Coastal Archaeological Resource. 15A NCAC 07H 0510(a) describes Significant Coastal Historic Architectural Resources: Significant coastal historic architectural resources are defined as districts, structures, buildings, sites or objects that have more than local significance to history or architecture The project site does not,contam any structures, buildings, sites or objects that have historic architectural significance. Projects Outside Areas of Environmental Concern 15A NCAC 07M .030,1(a) describes ,the Declaration of General Policy: The public has traditionally and customarily had 'access to enjoy and freely use the ocean beaches and estuarine and public trust waters of the coastal region for,recreational purposes and the State has a responsibility to provide continuous' access to these 'resburces It -,is the policy of the State to foster, improve, enhance and ensure optimum access to the public beaches and waters of the 20 county coastal region The replacement of the Rose Bay Canal WCS will' not,hinder the traditional' and customary- -access to ocean beaches, estuarine and public trust waters for recreational' purposes. The WCS- is,occasionally used by the public for fishing and crabbing. North Carolina Dredge and Fill `Law The project will not involve the dredging or filling of any coastal or estuarine, waters. Therefore, no further action is required regarding compliance with North Carolina Dredge, and Fill Law, NCGS 113 229. X. Other Required Approvals Storm water and Sediment/Erosion control permits are not required for this project. This project does not require a Stormwater Management Plan. XI. Conclusion The project conforms to the management objectives of 15A NCAC 07H.0203, 1 -5A NCAC 07H .0206, and 15A NCAC 07H .0209 as it will not adversely affect recreational water uses, by the public while minimizing adverse impacts to Estuarine Waters and Public. Trust Areas. The project will not involve the disturbance, of Public Trust Areas or Estuarine Waters. The, project site is approximately 4.25 miles from Rose Bay Creek. Rose,Bay Canal and the existing E:3 WCS were both constructed in 1951. The WCS is not an obstruction to navigable, waters nor __does it prevent access to-water dependent coastal or estuarine waters,. The new WCS will curtail. the inflow of saltwater from the Pamlico Sound, thus benefitting Lake Mattamuskeet water quality, wildlife and fishery resources and public recreational opportunities. There will be no creation or increase of impervious surface as specified in 15A NCAC 07H .0209(d)(2). The project will not weaken or eliminate natural barriers to erosion. The project will not affect-wildlife species Federally listed,as endangered or threatened or State listed species of concern. Fisheries or aquatic habitats will not be affected. I too 1—J= li tl _ r!l jj s Oki r' r y', fiE .. , •a �,' Sall n � A } Y . s T CIA waW } +-aY; son IS � �i� d � S� d :3 %4 Y i NP Wo, MAW f �. 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