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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 o4.e�efm.r,�...� 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