HomeMy WebLinkAbout20020730 Ver 4_CAMA Application_20220816DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
I. APPLICANT'S NAME_ NC Department of Cultural Resources- Living with Water Project c/o Mr.
Terry Bragg
2. LOCATION OF PROJECT SITE: The USS North Carolina Battleship Memorial facility, on the west
bank of the Cape Fear River, on Eagle Island, in New Hanover County.
LAT: 34° 14' 11.58"N LONG: 77°57' 15.53"W
3. INVESTIGATION TYPE: CAMA/D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visits 6/9/2022
Was Applicant Present — Agent
5. PROCESSING PROCEDURE: Application Received — 7/14/22 Complete- 8/12/22
Office — Wilmington Pre -File Scoping Meeting: 1/6/22
6. SITE DESCRIPTION:
(A)
(B)
(C)
(D)
(E)
(F)
Local Land Use Plan — City of Wilmington/New Hanover County 2006 Joint Plan
Land CIassification From LUP — Developed (Business District)
AEC(s) Involved: CW/EW/ES/PT
Water Dependent: Yes
Intended Use: Commercial and Public
Wastewater Treatment: Existing - Municipal sewer system
Planned - N/A
Type of Structures: Existing - USS North Carolina Battleship Memorial facilities
Planned- Elevate and repave portions of impervious parking area, rip rap
and bulkhead removal, grade and plant shoreline, installation of stormwater
swale, creation of intertidal wetlands, new parking area, pedestrian bridges,
culverts and wooden boardwalk
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION:
[AREA]
DREDGED
FILLBD
(A) Vegetated Wetlands
(Coastal wetlands)
—35,720 sq. ft.
—11,326 sq. ft.
—18,te .) ft.
(temp.)
—53,579 sq. ft.
(created)
(B) Non -Vegetated Wetlands
(Open water)
—4,356 sq. ft.
(created)
(C) Other - (Highground Disturbance)
— 7400 cy
... 11 acres
(disturbed)
(D) Total Area Disturbed: —12.5 acres
(E) Primary Nursery Area: Yes
(F) Water Classification: SC Open: Closed
8. PROJECT SUMMARY: The applicant proposes to remove, elevate and repave portions of an existing
impervious parking area, install a new 55 space parking area, remove hardened shoreline along the basin,
grade and plant a natural shoreline, enhance 0.74 acres of existing wetland habitat and 1.3 acres of
Coastal Wetland/intertidal wetland and install a stormwater swale, create 2 pedestrian bridges, install two
culverts, a vehicular access entrance and install a 330 linear ft. wooden boardwalk.
NC Department of Cultural Resources- USS NC Battleship
Page Two
9. PROJECT DESCRIPTION
The U.S.S. N.C. Battleship Memorial Park is located on Battleship Drive, off US Hwy. 421, on the west
bank of the Cape Fear River, on Eagle Island, in New Hanover County. To locate the site from the
Wilmington Regional Office (WiRO) travel south on Market Street (U.S. HWY 17) until you reach
Martin Luther King, Jr. Parkway (N.C. HWY 74), which will be located on the right. Turn right and travel
west approximately 3.5 miles until you arrive at North 3rd Street in downtown Wilmington. Turn right
onto the Isabel Holmes Bridge over the Northeast Cape Fear River until you reach the light at U.S. HWY
17. Turn left on U.S. HWY 17 and travel south approximately 1 mile until you reach U.S.S. N.C. Road
and continue until you reach the U.S.S. N.C. Battleship facility and parking area, which will be located on
the left (See Figure G-001).
The U.S.S. N.C. Battleship was brought to its Wilmington berth in 1961. The U.S.S. N.C. Battleship
Commission has obtained several permits over the years for maintenance dredging of the basin and other
facility modifications. These include State Permits #109-78, #66-88, #20-84 and #75-02. The
approximately 49-acre property has approximately 3,900 linear ft of shoreline and includes a visitors
center, parking area, a small maintenance building/yard and a temporary equipment access ramp to the
battleship. The highground area is maintained with lawn grasses and there are rows of mature oak trees
between the sections of the parking lot. The visitors center is constructed on pilings and is located
partially over open water on the south side of the basin. It includes an elevated wooden observation
walkway and access bridge to the battleship. The southern portion of the basin and the riverfront (eastern)
shoreline of the property is stabilized with various rip rap materials; large granite stone along the
riverfront, and smaller rock, concrete and masonry materials within the basin. There are existing
volunteered coastal wetlands along the alignment of the existing rip rap. The rip rap profile is slightly
lower than other areas and allows more frequent tidal over wash, allowing Spike Grass (Distichlis
spicata), Sea Lavender (Limonium spp.) and one Smooth Cordgrass (Spartina alternaflora) to establish
along the shoreline.
In 2009, the U.S. Navy required a plan to address the critical structural repairs required for the battleship
or submit a plan to scrap the battleship. The N.C. Division of Coastal Management (DCM) issued
CAMA General Permit #54561-D on June 16, 2010 to the applicant to allow for temporary floating docks
to facilitate an emergency repair to a portion of the starboard hull based on the demands of the U.S. Navy.
State permit No. 30-15 was issued to the NC Dept. of Cultural Resources for Urban Waterfront
Development including parking areas, visitors center, dock masters office, restrooms and other amenities.
The permit also included an ADA docking facility with 10 transient boat slips, a 1,785 linear ft.
permanent cofferdam for hull repairs, a 540 linear ft. bulkhead, a memorial walkway (including the Eagle
Island Expedition Trail) an amphitheater stage and ADA walkway. A Minor Modification was issued on
January 12, 2018 for reconfiguration of the permitted pier and docking facility with kayak launches and
walkway bump outs. The visitors center, parking lot improvements, bulkhead, amphitheater and
associated walkway and Eagle Island Expedition Trail have not been constructed. State Permit No. 30-15
was renewed once and expired on December 31, 2020.
The northern and western portion of the tract, between the basin and U.S. Hwy. 421, is mostly wetlands
and species include; Salt Reed Grass (Spartina cynosuroides), Narrow -leaf Cat -tail (Typha angustifolia),
and Saw Grass (Cladium spp.). Above tidal influence, the vegetation transitions to wooded swamp (§ 404
type wetlands) and Common Reed (Phragmites australis). The NC Battleship site was previously issued
a Notice of Jurisdictional Determination (Action ID SAW — 2010-00175 dated March 11, 2010).
The City of WiImington/New Hanover County Joint 2006 CAMA Land Use Plan classifies adjacent
waters as Conservation, and the adjacent high ground portion of the project area as Developed. The
waters of the Cape Fear River are classified SC by the Division of Water Resources. They ARE
designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries and they are
NC Department of Cultural Resources- USS NC Battleship
Page Three
CLOSED to the harvest of shellfish. The USACE federally maintained channel and associated
Wilmington Harbor is located adjacent to the project site.
PROPOSED PROJECT:
The applicant proposes to remove, elevate and repave portions of an existing impervious parking area,
install a new 55 space parking area, remove hardened shoreline along the basin, grade and plant a natural
shoreline, create 0.74 acres of enhanced Coastal Wetland habitat and 1.3 acres of Coastal
Wetland/intertidal wetland and install a stormwater swale, create 2 pedestrian bridges, install two
culverts, a vehicular access entrance and install a 330 linear ft. wooden boardwalk.
According to the applicant the proposed project design will increase resiliency and will incorporate
increased stormwater holding capacity with intertidal wetland creation. Recurring flooding due to high
tide events has increased, and the project proposal is an attempt to use nature -based infrastructure to
capture, hold, infiltrate and re -direct flood waters to the Cape Fear River.
A restored living/natural intertidal shoreline area is proposed along an approximately 720 linear ft. section
on the south bank of the USS Battleship basin. Layers of old rip rap that are located among both coastal
and volunteered coastal wetlands would be removed (see sheet D 101). The shoreline would be graded at
a 3:1 slope and backfill would be utilized to create a tiered wetland area for planting with native plants
(see sheet C-101 and C-102). The lower grade would be a maximum of 6 inches below mean high water
(MHW) and the second tier would be at an elevation between MLW and MHW. Mechanical equipment is
proposed to be used from the landward side of the bank and floating turbidity curtains are proposed along
with silt fencing to minimize sediment plumes/turbidity into surface waters. The applicant states that
existing wetland areas along the shoreline (both coastal and volunteered) would be maintained with only
minor temporary impacts. Excavation of approximately 180 cubic yards below MHW along the southern
shoreline would be required for grading, the impacted shoreline areas extend 6 ft. waterward of MHW.
The final tier would slope to existing grade (approximately +5 ft. NAVD88) adjacent to the parking area.
MHW would be relocated a maximum of 23 linear ft. landward of the existing MHW line. (see sheets C-
101 and G-101). Adjacent to and landward of the eastern restored shoreline approximately 250 linear ft.
of new concrete sidewalks would be constructed within the same footprint of the existing sidewalks in the
30 ft. Coastal Shoreline buffer but at a higher elevation. Note: Previous permits for this project have
designated this area as Urban Waterfront.
The proposed tidal wetland area would convert approximately 1.3 acres of upland area that is currently
impervious parking area to intertidal wetland area using a tiered design. Approximately 1.3 acres of
existing impervious parking area would be removed and converted to intertidal area with scour areas and
would incorporate a tidal creek area to hold, infiltrate and direct tidal flood waters to the USS Battleship
basin and the Cape Fear River. The applicant states that this would also create coastal habitat for juvenile
fish species. Native Coastal Wetland, Section 404 vegetation will be planted based on elevation (see
Narrative, Figure 2.1). The restored main parking area would ultimately accommodate 306 spaces and 6
handicap spaces for a total of 312 parking spaces.
According to the application, portions of the main parking area would be redesigned to be elevated to + 6
ft. (NAVD88) and would slope towards a central stormwater wetland area to manage stormwater runoff
(see sheets C-102, C-103 and C-301). A 21,640 sq. ft. bioswale/stormwater wetland (-450 ft. long by 48
ft. wide) is proposed to reduce sediment movement to the basin and river. A composite 995 linear ft. long
by 24" retaining wall would be constructed around the created stormwater wetland, which would be
upstream of a dissipation pool (see sheet C-101 and S-501). Piped flow from the created 12,580 sq ft.
stormwater wetland/ bioswale to an energy dissipation pool would be regulated through a riser structure.
An approximately 63 ft. long by 44 ft. wide energy dissipation pool would be constructed with a headwall
with control valve regulating the flow of water to a created tidal creek/wetland area (see sheet C-501).
Grading for the tidal wetland area would excavate existing upland and wetland areas to shallow depths of
up to +2.2 (NAVD88) that are stated to be suited for tidal inundation to create tidal wetland areas and an
NC Department of Cultural Resources- USS NC Battleship Page Four
open water tidal area. Total Coastal Wetland excavation impacts in this area would be approximately .82
acres (35,720 sq. ft.), but total wetland creation would be approximately 1.23 acres (53,579 sq. ft.) with
0.1 acres (4,356 sq. ft.) of open water tidal area. Over 130,000 Native wetland plants are proposed for
planting within the newly created wetland areas (see Table 2.2 and Appendix 0). MHW would be
relocated a maximum of 377 linear ft. landward of the existing location due to creation of the open water
tidal creek area, creating a new 75 ft. Estuarine Shoreline AEC. The project design indicates that NLW
would be 0.8 ft. below the newly excavated creek bed. Some excavated material would be stored on the
high ground and would be dewatered and utilized as needed, the applicant has also listed the New
Hanover County landfill as a disposal area for excavated materials.
Two 48 ft. long by 18 ft. wide timber boardwalks are proposed to span the stormwater wetland area, these
would be elevated 3 ft. above the newly created wetland substrate (see sheet C-101). The boardwalks
would extend from north to south across the improved main parking area and stormwater swale. High
ground excavation would be approximately 7,400 cubic yards. Planting of trees and shrubs is proposed in
upland areas and all disturbed area outside of the created tidal wetland would be seeded. Additional work
includes restoring the remaining visitor parking areas with vegetated islands and placement of educational
signs to educate the public about climate change impacts.
A new .45 acre parking area, measuring approximately 517 ft. long by 343 ft. wide is proposed on the
western side of the project site to accommodate 55 additional parking spaces. The application states that
the new parking area would be constructed with semi -pervious materials, but sidewalks leading to the
ADA access would be constructed of concrete. A new asphalt 80 ft. long by 10 ft. wide vehicular
entrance would be built along US North Carolina Road for access within the NC DOT ROW permanently
impacting approximately 4,764 sq. ft. of Coastal Wetlands (mainly consisting of Cattails) for culvert
placement at both the new entrance and the existing western entrance to the main parking area. The
applicant has provided a driveway application that was submitted to DOT for this development. Two (2)
30" wide concrete culverts (43 ft. long and 82 ft. long) are proposed to allow for tidal flow conveyance in
these vehicular entrance areas. Temporary wetland impacts are estimated to be approximately .43 acres
(18,731 sq. ft.). The top of the culverts/concrete pipe are proposed to be 1-2 ft. above MHW. (see Sheet
C-101 and C-103). An ADA compliant wooden boardwalk/footbridge measuring 330 ft. wide by 9 ft.
wide with two 20 ft long by 18 ft. wide bump outs would be constructed over the newly created tidal
wetland and open water area connecting the new parking area to the improved main parking lot. The
boardwalk would be elevated 1.5 ft. to 4.5 ft. above the created wetland bottom substrate. A 400 ft. long
by 30 ft. wide vegetated berm would be constructed to separate tidal flow from the newly created wetland
and the existing DOT ditch filling an additional 6,562 sq. ft. of Coastal Wetland Area. The total fill
impacts for both the culverts and the berm would be 0.26 acres (11,326 sq. ft.) (see sheet C-101). The
existing stormwater pipe at the eastern entrance to the parking area is also proposed to be replaced with a
new 163 liner ft. section to tie into the existing stormwater system.
The application states that the total impervious area within the 75 ft. AEC would be 17.4 percent with 8.3
% impervious on the entire tract. Net impervious reduction would be 0.58 acres. A total of 11 acres is
designated for upland disturbance. A Jurisdictional Determination (JD) was not included with the
application, but correspondence with Greg Currey (USACE) regarding a Preliminary JD is included (see
Appendix K). The application also includes a discussion of Pre and Post Construction Monitoring Plan
(see Narrative). The applicant has not provided documentation of submittal of a sediment and erosion
control plan or documentation from State Stormwater with the application package, but the applicant
indicated that correspondence with State Stormwater indicated that the project may qualify for a
Redevelopment Exemption. (see sheets CG001, CG002 and CG101 for Erosion and Sediment
Control notes and Sheets C 102 and C-103 for Drainage and Stormwater Plans)
NC Department of Cultural Resources- USS NC Battleship Hull Repair and Battleship Park Improvements
Page Five
10. ANTICIPATED IMPACTS
The new stormwater infrastructure improvements would result in the excavation of proximately 35,720
sq. ft. of Coastal Wetlands, with approximately 53,579 sq. ft. of tidal Coastal Wetland area being created
including an additional — 4,356 sq. ft. of new tidal Estuarine and Public Trust Area (tidal creek). The
installation of two culvert within the DOT ROW and an adjacent vegetated berm would permanently fill
approximately 11,326 sq. ft. of Coastal Wetlands. Temporary wetland impacts would approximate 18,731
sq. ft. within the DOT ROW. Total upland land disturbance is estimated to be 11 acres.
Submitted by: Tara MacPherson
Date: August 15, 2022 Office: Wilmington
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
NC Department of Cultural Resources
Dawn York
238 Princess Street
Wilmington, NC 28401
Dear Ms. York:
NORTH CAROLINA
Environmental Quality
August 15, 2022
The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent for the NC
Department of Cultural Resources, for State approval for development of property located at 1 Battleship Road,
adjacent to the Cape Fear River, in Wilmington, New Hanover County. It was received as complete on August 12,
2022 and appears to be adequate for processing at this time. The projected deadline for making a decision is
October 26, 2022, An additional 75-day review period is provided by law when such time is necessary to complete
the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the
review period extended, Under those circumstances, this letter will serve as your notice of an extended review.
However, an additional letter will be provided on or about the 75th day.
if this agency does not render a permit decision within 70 days from August 12, 2022, you may request a meeting
with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a
meeting will be held within five working days from the receipt of your written request and shall include the property
owner, developer, and project designer/consultant.
NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development.
Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed
development. You should post this notice at a conspicuous point along your property where it can be observed from
a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-
way fronting your property; or at a point along the road right-of-way where a private road would lead one into your
property. Failure to post this notice could result in an incomplete application.
An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate
State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive
a copy of my field report and/or comments from reviewing agencies.
Sincerely,
Tara MacPherson
District Manager
cc: Cameron Luck, DCM
Holley Snider, DWR
Marina Dunn, NC WRC
ODE
crri
^spars tee§Amntasnbl Mai itN.
USACE
Kim Harding, NC DMF
Terry Bragg, Applicant -- please send site card here
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796 7215
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
August 16, 2022
GanLegPubNotices@gannett.com
2 Pages
Star News
Legal Advertisement Section
Re: Major Public Notice for:
NORTH CAROLINA
Environmental Quality
• NC Dept. of Natural & Cultural Resources
Hello: Please publish the attached Notice in the Sunday, August 21, 2022 issue.
The State Office of Budget & Management requires an original Affidavit of Publication prior
to payment for newspaper advertising.
Please send the original affidavit and invoice for payment to Tanya Pietila at the NC Division
of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226
(Customer No. 489895).
Thank you for your assistance in this matter
cc: MHC Files
Cameron Luck — MHC
USACE
cerely,
ietila
Support & Customer Assistance
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215
NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
The Department of Environmental Quality hereby gives public notice as required by NCGS
113A-119(b) that the following applications were submitted for development permits in Areas of
Environmental Concern as designated under the CAMA: On August 15, 2022, the NC Dept of
Natural & Cultural Resources proposed to remove, elevate and repave portions of an existing
impervious parking area, install a new 55 space parking area, enhance 0.74 acres of existing
wetland habitat and 1.3 acres of Coastal Wetland/intertidal wetland, install stormwater Swale,
create pedestrian bridges, culverts, a 330 linear ft. wooden boardwalk & install new vehicular
access entrance at The USS North Carolina Battleship Memorial facility, located on the west bank
of the Cape Fear River, in Wilmington, New Hanover County . Copies of these applications can be
examined or copied at the office of Tara MacPherson N.C. Dept. of Environmental Quality, Division
of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910) 796-7266 during
normal business hours.
Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400
Commerce Avenue, Morehead City, NC 28557-3421, prior to September 11, 2022 will be
considered in making the permit decision. Later comments will be accepted and considered up to
the time of permit decision. Project modification may occur based on review & comment by the
public and state and federal agencies. Notice of the permit decision in these matters will be
provided upon written request.
LD_E
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North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
August 17, 2022
MEMORANDUM:
FROM:
SUBJECT:
Applicant:
Project Location:
Proposed Project:
NORTH CAROLINA
Environmental Quality
Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: 252-247-3330 (Courier 11-12-09)
cameron.luck@NCDENR.gov
CAMA/D&F
NC Department of Natural & Cultural Resources
UUS NC Battleship — Living with Water Project
The USS North Carolina Battleship Memorial facility, on the west bank of the
Cape Fear River, Eagle Island, Wilmington, New Hanover County
The applicant proposes to remove, elevate and repave portions of an existing
impervious parking area, install a new 55 space parking area, remove hardened
shoreline along the basin, grade and plant natural shoreline, enhance 0.74 acres
of existing wetland habitat and 1.3 acres of Coastal Wetland/intertidal wetland
and install stormwater swale, create two (2) pedestrian bridges, install two (2)
culverts, a vehicular access and install 330 linear ft. wooden boardwalk.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by September 11, 2022. If you have any
questions regarding the proposed project, contact Tara MacPherson at (910) 796-7266 when appropriate,
in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
**Additional comments may be attached**
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.
PRINT NAME
AGENCY
SIGNATURE DATE
£ D_E
NORTH CAROLINA
Department o/ Environmental Dual
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215
Major Permit Fee Schedule
Project Name County:
-V70*,vo wavey" he go
Check No & Amount:
• ■
Development Type
Y
Fee
DCM %
(14300160143510009316256253)
DWQ %
(2430016024351000952341)
I. Private, non-commercial development
that does not involve the filling or
excavation of any wetlands or
open water areas:
$250
100% ($250)
0% ($0)
IL Public cr commercial development that
does not involve the filling or excavation
of any wetlands or open water areas:
,
$400
100% ($400)
0% ($0)
III. For development that involves the
filling and/or excavation of up to 1 acre
of wetlands and/or open water areas,
determine If A,B, C, or D below applies:
III(A). Private, non-commercial
development, if General Water Quality
Certification No. 4175 can be applied:
$250
100% ($250)
0% ($0)
III(B). Public or commercial development,
if General Water Quality Certification
No. 4175 can be applied:
1
$400
100% ($400)
0% ($0)
III(C). If General Water Quality
Certification No_ 4175 could be applied,
but DCM staff determined that additional
review and written DWQ concurrence is
needed because of concerns related to
water quality or aquatic life:
$400
60% ($240)
40% ($160)
l l(D)_ tf General Water Quality
Certification No. 4175 cannot be applied:
$400
60% ($240)
40% ($160)
V. Development that involves the fillin
and/or excavation of more than one areI
of wetlands and/or open water area
:
1
60% ($285)
40% ($190)
$475