20140796 Ver 1_CAMA Application_20140725

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NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
July 21, 2014
MEMORANDUM:
TO:
FROM:
SUBJECT:
Applicant:
Project Location:
Proposed Project:
Karen Higgins
Division of Water Resources
Daniel Govoni
CONSISTENCY REVIEW
U.S. Army Corps of Engineers
adjacent Core Creek, Carteret County
proposed expansion of Disposal Area 23
John E. Skvarla, III
Secretary
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
August 15, 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: 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.
SIGNED DATE
1601 Mail Service Center, Raleigh, North Carolina 27699 -1601
Phone: 919 - 707 -86001 Internet: www.nodenr.gov
An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper

I
Mr. Doug_Huggett
North Carol ina'Department,of Environment
and - Natural Resources
Division of Coastal Management
400 Commerce Avenue
Moiehead City, North Carolina 28557
Dear Mr. Huggety
The U.8 Army Corps of Engineer$, Wilmington District (Corps) proposes expansiott,of
Disposal Area (DA)_ 3, a diked uplarW area (used for deposition of mateiial maintenance,dredged
from the Atlaiitic- Intracoastal Waterwa'y's Core Creek land`` cut), adacent to Core Creek in Carteret
_County,North Carolina The,proposal,involves -the removal of sandy, material from nearby QAY22
and constnictroh of a new dike at DA 23 for the purpose,of increasing the capactiy.of botlydisposal
areas for`fiiture dredged mate r'tal,disposai. The project area is shown on'figures 1 -3
In accordance with Se6tiot1307 (c)(1) of the Federal Coastal Zone,Management Act of 1'972, as
"ar end`ed, the< Corps has determined'that the proposed work descr•i bed, in the enclosed consistency
deteimtnatroii is consistent, to the ,maximum extent practicable, with North Carolina's coastal,
managernent prog'ain. Thelproposed activities comply with' the enforceable 0611 c ies of -North
Carolina's - approved coastal -in anagement'prograrn and will be conducted to, the maximum extent'
'practicablein a.maniier consi"stenftivrth'the.progt•am and any, received atfthoiizatiotis,
This determination is based,orrthe review,-of the proposed,project against,the enforceable policies
of t1ie- 8tate''s coastal roan gcmerit program, which; are pnn;cipalty,'found "in Chapter 7.of Title 15kA
Nofth''CaiYolinit's Adnriinistfdtive Code Enclosed are the details,-of the consistency determination;
which,containsproject plan`s and a supportive narrative, We- regdest,thaftlie North Carolina Division
.of Coastal'Maiiagemen't concur, with•thi's Consi'stency'Determination
Should you have iiiiy ,4uestions`,ol,i4quire additional iriformation,,please contact Mr Jeff Richter,
Environmental Resources Section, at'(910) 251 -4636
Enclosuies ,
,Sincerely,.
C, Philip' M Payonk
Chef. Environmental' Resources Section _
I 1 y i
DEPARTMENT,OF THE ARMY
WILMINGTON DISTRICT; CORPS OF ENGINtERS '
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403 -1343 F
RLPLY To
nTTerano \oF
July 10, 2014
- ;Envuonmental,R.esources Section
I
Mr. Doug_Huggett
North Carol ina'Department,of Environment
and - Natural Resources
Division of Coastal Management
400 Commerce Avenue
Moiehead City, North Carolina 28557
Dear Mr. Huggety
The U.8 Army Corps of Engineer$, Wilmington District (Corps) proposes expansiott,of
Disposal Area (DA)_ 3, a diked uplarW area (used for deposition of mateiial maintenance,dredged
from the Atlaiitic- Intracoastal Waterwa'y's Core Creek land`` cut), adacent to Core Creek in Carteret
_County,North Carolina The,proposal,involves -the removal of sandy, material from nearby QAY22
and constnictroh of a new dike at DA 23 for the purpose,of increasing the capactiy.of botlydisposal
areas for`fiiture dredged mate r'tal,disposai. The project area is shown on'figures 1 -3
In accordance with Se6tiot1307 (c)(1) of the Federal Coastal Zone,Management Act of 1'972, as
"ar end`ed, the< Corps has determined'that the proposed work descr•i bed, in the enclosed consistency
deteimtnatroii is consistent, to the ,maximum extent practicable, with North Carolina's coastal,
managernent prog'ain. Thelproposed activities comply with' the enforceable 0611 c ies of -North
Carolina's - approved coastal -in anagement'prograrn and will be conducted to, the maximum extent'
'practicablein a.maniier consi"stenftivrth'the.progt•am and any, received atfthoiizatiotis,
This determination is based,orrthe review,-of the proposed,project against,the enforceable policies
of t1ie- 8tate''s coastal roan gcmerit program, which; are pnn;cipalty,'found "in Chapter 7.of Title 15kA
Nofth''CaiYolinit's Adnriinistfdtive Code Enclosed are the details,-of the consistency determination;
which,containsproject plan`s and a supportive narrative, We- regdest,thaftlie North Carolina Division
.of Coastal'Maiiagemen't concur, with•thi's Consi'stency'Determination
Should you have iiiiy ,4uestions`,ol,i4quire additional iriformation,,please contact Mr Jeff Richter,
Environmental Resources Section, at'(910) 251 -4636
Enclosuies ,
,Sincerely,.
C, Philip' M Payonk
Chef. Environmental' Resources Section _
I 1 y i

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CONSISTENCY DETERMINATTION'FOR WILMINGTON DISTRICT'
US ARMY CORPS-017- �ENG1NEGkS
Proposed ENpansion of Disposal Area'23, Cot e Ci eek Land Cut, AM W
Carteret'Courtty, North Car olina
1 Proposed Protect Descrtution
The UPS Army Corps of Engineers, Wilhlington Dish -tct "(Corps)wpropos_esexpanding Disposat,Area (DA),23 on,the
eastern shoreline oftlie`Core,Cieek Landcut in Carteret County,,,North Carolina , The site,is located,approxunately
2'5 miles nortlr'of the Nortti`Cafoltna Highway 101 (NC' 101),bridge over'Coie'Cieek, east of Harlow='North
Catohna The prolect at ea is shown in figure 1 Figure 2'shows'detai Is- ofshe proposed ptojeet and,figute 3' shows
the three disposal-areas discussed below
DA 23's-dike footprint will'be expanded using earthen,material cxcavated'fiom nearby DA 22 (located
approximately 0 5 mile'-north) and transported by ti uck' All material fiom.DA 22 wtll�be excavated withm the
existing footprmt of the'DA 22 dike No expansion ofDA 22 is proposed
The proposed dike would be constructed- approximately 20 feet from_ =the edge of an existing "ditch (described,below)
excavated on,the east,side bf DA 23 -
DA 22 and DA 23 each currently -have one spillway structurejocated on the south ends of,the disposal -areas Both
empty'ntto Core Creek These spillway structures will be ieplaceci ut {heir entaety (new stittcfure and new pipe to
same location tlitough the dike into Core Creek) Irf-additioo, a new spillway structure and pipe will be constructed
it the north end of DA23 Discharge pipes with attendant suppoits,will extend,beyond mean low water (MLW),to
comply with effluent-dischaige authorizations
Logging and 'vegetation clearing within the expanded footprint of DA 23 are necessary prior to any, construction
work `
But for the installation of discharge pipe supports along the edge of Core Ci - for the purposes of ensuing that
,effluent from the pipes at ea dischai ged wateiwaie &of ML\rV,-all consh-iictton,grill occur m uplands, no impacts to
water, or wetlands will occur
U Background
DA 22 and DA 23,have been,usbd sporadically over the, past 30 yearsu(approxuriately once every 7-10,,years) as
disposal'ateas for sandy rnateiial matntenanc, dredged from•riearby,northetl`y sections,of the AIWW's Core Creek
Landcut 15A 26, is located south of DA`2 -3,and is used for the, disposal of material dredged from the nearby
'soutlierly;portions of rite Landcut Prior to each use,;the disposal areas have been inspected and necessary,i•epairs
are made prior to the discharge of dredged material
al
the'mafertal dredged from the Core -Gieek portton.of the ATWW�ts sandy DA 26,is closer,to NC,l01 and
is often used by the undei lying pioperty owner a§ a source' for sand{ DA 26 is riiucli lodger, thet eforc more difficult
to'e�;pand,b4t because of the iemoval of,`sand, its capacitytis� naintauled'(landoVviiei is notified when the Corps plans
on,uslhg DA 26 'He'stops'6 borrow operation and repairs the dike to'Corps'staiidards) DA 22 and 17A ?3,are
more dAiculvto access for borro�v,ope'atioiis (farthel,f om,the mai ijoad, NC 10 ]),'therefore, the removal of'sand
-fr`om these two, areas is unlikely
Recent sutveys of the A1WW ha've�revealed that shoalnig isavecotning,niore evident in`the,northel ly-sections of the
Landcut It is presumed that'mauitenaiice diedgirig'will' need to`be performed in the near',future, and tbe,Corps,,is
tentatively ptopostng;to prepare project plait`s and specifications for a FY "2045 niaintenance-dredgitig project,
uttiizing`DA 23 for disposal -of all dredged ftiatelral

Ill Existing Conditions
Access to the disposM areas is via Old Stanton -Road through a iesidentlal- development Surrounding the disposal
areas is forest land -A drainage ditch was excavated on-the eastern site of DA 23 ovei 30 years•ago; and ienmant
spoifis still evident'on some stretches of the DA side of the ditch This ditch eventually discharges into-a,-small
creek which in turd empties into Coi e Cieek at,a point between DA 22 and DA 23 The existing road is culvei•ted to
allow passage of this snfall ct eek A-spur ditch, excavated 20 +.years ago off the main ditch uit61he'pi oposed
footprint, was.apparentfy intended for drainage On June i I, 2014, the Corps' Regulatory Division determined there
are no wetlands subject to Section 40 4 of the Clean Watei Act present to the proposed °dike expansion footprint
DA 22 is almost full of sand bfit,for an approximate 4.5 acre +patch ^of Phragrnit'es in the southern half of the DA
There ms'tto' outside °hydro logic al'rcomiection, therefbt eroany water. present`ts the result of interior pondtng Other than
'this patch, there is l'tttle to no.capacity`for addittoiial dredy aed,matertal In addition to the Phragmites,,theie ate
numerous ti=ees`and shrubs Within -the footprint- of.the DA
Thei e are low,areas in DA 23, but none ate connected by surface hydrological iealw es, therefore they, are the result
of interior ponding- Vegetation of all sizes is extensl've in the existing footprint of DA 23
The DA's peruneter dike needs to be mepatred before being used The Cofps'has determined that expansion can
occur, it is niost,econormcal to undertake expansion al this lime; versus iepairing,the existing d now, then
consh ucting,a ne,,V expanded dike at sonme,poutt in the futui e
,IV' Alternatives Analvsis
The only feasible alternative to the proposed project (expansion of the DA 23 footprint involving removal of sand
fiotin DA 22 for coiisti action of a new dike, replacement of an existing ano construction of a new spillway structut e,
amid cleat ing,of vegetation)-is the No Action Alternative If the DA 23 expansion does not occut; the dike will be
repaired on its current'alignment, tisung-mati vial from DA 22 The discharge structures will•be replaced, or
constructed as maintenance melsutes to return the areas'to usable conditions.
Not ei panding DA 23,M11 not stop maintenance dredging,of ttfetpre Creek portion of the AIW W or -use' of the
disposil- areas_ It -Will make continued ,use of the disposal area challenging jii that more frequent efforts to create
capacity. will be,necess'ary. -DA 23's existing dike,footprint will.be ieestablisfied and sandy mater ial`frorn DA 22
,will be used to rebuild and repair the dikes, Spillways will be replaced and consh acted
Expansion of DA 23_wi11 create mofe•capacity for di edged material Because expansion will require,construction of
new dikes from the ground nip; mole sandy mateiial`will'be removed from DA 22 and more capacity wi'll,be
restored
V Resource Agency'Coordmation
Maintenance dredging and disposal at ea i ehab projects on the A11M in.North Cat olina have,been routinely,
coordinated with, discussed with, and presented to state and federal resource agencies The majority of`these
projects are south` bf-Beaufort
Specific maintenance,projects on Core Creek have been briefly presented'to resource agencies plior to their
commencement; but these projects have been rare- The pioposed,expansion of DA 23 -will be coordinated through
review of this consistency"detertnuiation ThaCorps' Wilmington field office regulatbrytstaff,has beencooidinated
with,aiid'has.been onsite. 7ue,to the`antrcipate�i�mtiirmal envnonnten_taliirtpacts, moie'extensiveresource'agency
coocdinatton has not,beeti` deemed,necessaty
The Corps has coordinated the proposed - project with North Carolina Division -of Land Resources, Land Quality
Section (NCDLR) fegarding the need for -a mining permit for the i emoval of material fi oto DA 22 - General Statute
-74-49 (7)(d),of the Mining Act of 1971, exempts excavation oi. grading when conducted solely in aid of on -site
,2

farming or`of on- sitecon §ti uction for put poses other than mining NCDLRconfiirmed that this exemption would
apply to the proposed project by telephone conversation of June 17.-2014
The Corps is subinitting an e_ rosion and sediment control plan to the NCDLR and will comply with all conditions
required by the agency
VI z Mitigation
The proposed work involves minimal itmpacts to p}ev_iously distuibedi(cleared aud'dttched) upland areas Tlierefoie,
no mitigation foi,the proposed project is regtuied'
VII Areas of Environmental Concein
The-Project area rs located adjacent to -Core Cieek, which is an area of envn onmental concei n (AEC) as defined by
Section 113A -1,13 of the North Carolina Coastal Area Management =Act (LAMA) Specifically, the�proposed
project will,be occurring on uplands adjacent to the shoreline,ofiestuarme. and public trust waters.
Tlie•North Carolina Division of Water Quality ( NCDWQ) classifies Core Creek to the project area as C, Sw, NSW
'Class C waters are protected for secondary recreation, fishing, wildlife, fish consumption, aquatic`life including
propagation, survival, and °maintenance ofbiological integrity,_agt tcutture, andother uses suitable for Class C'
Secondary recaeation, includes, wading, boating, and other uses- mvolyinghuman, body contact with watcevhefe. such
activities take place ;in,ai infrequent, unorganized, or incidental manner The "Sur" supplemental classification is
swamp waters, intended to_recogtuze those, water which are topographically located so as,to generally have low-
;velocities andothernatuial.eharactetisttc, ),vhiclikare'�diffeientirom adjacent'stleams dratniiigland with steeper
topography The,'%$W " "supolement'al classifica iota "is nite,ii d foX4ater needing addrtional,nuriienf @management
'due to thou be>rig sulijeckto excessiverovt%th,of tnrcroscopiG or macroscopic vegetation Tlie- proposed activity will'
not degrade water qualify (I 5A NCAC 0714 0268(a))
The North Carolma Division�of Marine Fisheries does not classtfy;the wateis of Cote.Cieek,in the vicinity_ of-the
pi oject area,as a Prunary Nursery Area (PNA) (15A NCAC 07H 0208(a)(4)) or secondary nursery areas There are
PNA's un tributaries of Cote Creek to the north and sout'li' of the pioject area (gieater than 1 5 irides) but the project
-will not cause any impacts due to the scope and location df the `pi ojeet, which is located on high ground The
d&hai ge of effluent from the disposal area into, Core Creek will'occur °by the proposed`eilluent discharge pipes, and
onlywhen dredged material is pumped into the disposal area Ail effluent will comply with NCDWQ water quality
requirements No adverse,impaetsrto Coie' Creek will occur
There aie no submerged aZluatic, vegetation.(SAV) species, irrthe )craters of Cote Creek near the project-area as
conditions (depth; water clarity,,reduced velocities, etc')' of these w,ateis ate not conducive for SAV (I5A,NCAC.
07H 0208(a)(6))
There aie no.shellfish beds'iri'Core,Creek neat the project area_(1 SA,RCAC 0208(x)(2)),
The'project site is not designated as a "Natural,ana, Cultural Resources Area " -(15A NCAC 07H 0501)., Although
the project is- tnothkely to impact eultuialIiesources, Corps construction events are always conditioned to,ensure,that
care is,taken during all aspects of the work Any cultural resources encountered will be protected and'upon
encountering, rapid coordination withythe,Corps and the NCItDepartment,of Cultural Resources vhll--occw
ViIl Pioject Confoiinance-with Carteret Co ugly and local Land Use Plans
The North Carolina Coastal -Area Management Act of,1974 was passed in accordance,with the Federal Coastal Zone'
Management Act It iequiies e4ch of the 20 coastal counties io•have,a4Qp al land-use' m accordance;wjth
gutdelines,established bvthe North, Carolitia Coastal Resouicekominitssidn,
Each-land- use,plan nici'udes local�poticies that address, gtowth'issues'such as the protection ofpioductivhes4tuces
,(i e, faimland, forest resources, and fisheties),�desned types of economic development, natural lesource:orotectlori
and the,reduction of storm hazai ds

The 2005 CAMA Land Use Plan (LUP)`acfopted by. Carteret County and certiEied'by the Coastal Resources
Commission, asserts that the county consider s boati ng'lctivrties to be an exti emely impoi taut part of its tout rst
gnizes the Deed for effective envio'onmental
economy and overafLeconomy Carteret County also 'supports and reco
and conservation management measures to ensure environmental protection, maintain and enhance the fiscal
sustamabrirty and community infrastructure needs, and ensure,that there is a proactive plan for Sto rm and natural
'hazards in the event of a burr icane of other_uatura] disaster In addition, Carteret County supports the Coastal
Resources development regulations regaiding Areas for Envn m
onental Concern (Al Cs),and other state and federal
regulations-
The proposed project will comply with the Carteret County,LUP'
.1X Analvsis'ofthe Protect in Relation to North Cal liiia's Coastal Management Protrram
MA NCAC -07H 0203 identifies the Management Objecti've afthe- Estuaune and Ocean System 11 rs °the objective
,of the Coastal Resources Commission to conserve -arid manage estuarine .watgis, coastal Wetlands, public it ust
areas, and,estuarine and prrblrc tr -usi shor elrnes, as an rnterr elated,group ofAECs ,so as to safeguard and
perpetuate'then Biological, social, `eeononzic, and aesthetic values and to ensure that development occuf ring within
these AECs to ecrnipatible with,natural chat actcristics'so as to nrrizrrni a The likelrizood,of srgntficaizt loss of pr ivate
pip fy and -public i esour ces Turthei mot e, rt �s the objective of the ,Coastal\Resources °Comrnrssrorr to pt oteet
present common -Imv and statutory .public i ights of access to the 1`cinds and waters of the coastal area
The project,r's located adjacent to an esfuai ine °shor ehne it will not result in the loss of coastal uses
Completion oftho,proposed project will'not impact coastal resources orfurther pfbil brt'access'to coastal
.resources by the public
15A NC-AC 0711 0207,identifies the Management Obiective of Public Trust Waters To protect public rights for
nm}rgation and i ect eation and to comerve -and inanage the public trust-areas so cis-to safeguard and perpetuate
their biological, eaonoinrc and aesthetic value
The proposed project wtll not`result in the loss of coastal uses The eapaitslon of DA 23 Will incorporate
additionafuplawfbut will not'adversely bnpactsnavigation or recreation. No additional access restriction to the
area will occur as airesulCofthis'project
15ANCAC 07I1 -0209'(c)(2)-identifies-fl he Management Objectives for Coastal Shorelines The management `
olijeclive is to'ensia e that shor eline'development rs,compatrble ivith,the dynamic nature,of coastal shor elrnes as welt
aslt a values,andathe managem-ent objectri es,ofthe estual- tne- and_ocean systein, Ot h er objectives are to cortseive
crud manage the - important nattu at featur es of the estuar rite and'oeearr system so as,-to ' safeguard andpirpewate
then 'biological, social, aesthetic,=und econarnrc values, to,coorclrnate and establish a management - system 'capable
of conset ying and wiliring these shorelines so as to maximi e their benefits to the estitar ine and ocean systeriz and
,the people afNgith Cak olina
The proposed pCOjectmeets the listed management objectives Tlie`prolect'hastbeeri designed to
`mniinuze /avoid adverse,environmental impacts, -as addressed above
X °Other Required Approvals
An erosion and sediment control plan will be filed -43nth the NC Division of Land Quality No work will begin until
the appropr�'ate,,pet'niit is,received
- theiAhan the erosion, and sediment contiol'permit, no,permits, authorizations, or approvals besides NCDCM's
concurrence with this consistency determination are necessary

X1 Conclus`ions
The proposed,project conforms to- the,management objeetrves of PSA NCAC 07H 0203, 15A NCAG 07H 0207;
and 15A NCAC,0,7I4 .0209,(c)(2) as it will not adversely affect coastal'resources m,the project area and will result in
m m rival adverse' impacts toTubl is Trust Areas
The proposed project wrll,not- adversety affect any wildlife recognized by the State`as species of coricem and will
not adversely impact water,qua[rty No'rmpacts to fisheries of the aquatic habitatxvrll occur
Upon completion, the,project,wrll increase the capacity for the disposal,of dredged material from maintenance
protects on the Core Creek compopent of the A1W W
d
5

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Figure 3
1 inch. equals 1,200 feet