HomeMy WebLinkAbout20040393 Ver 2_Public Notice_20150205Burdette, Jennifer a
From: Boone, Robert A SAW < Robert.A.Boone@usace.army.mil >
Sent: Thursday, February 05, 2015 2:50 PM
Subject: US Army Corps of Engineers Public Notice (UNCLASSIFIED)
Classification: UNCLASSIFIED
Caveats: NONE
As you requested, you are hereby notified that Wilmington District, United States Army Corps
of Engineers has issued a Public Notice. The text of this document can be found on the
Public Notices portion of the Regulatory Division Home Page. Each Public Notice is available
in ADOBE ACROBAT (.pdf) format for viewing, printing or download at
http: / /www.saw.usace.army.mil/ Missions /RegulatoryPermitProgram.aspx.
The current notice involves:
Corps Action ID #: SAW- 2014 -02203
Issue Date: February 5, 2015
Applicant: Town of Kill Devil Hills
Expiration Date: March 6, 2015
Point of Contact: Mr. Josh Pelletier
Project Description: The Washington Regulatory Field Office, Corps of Engineers
(Corps) has received an application from the Town of Kill Devil Hills seeking Department of
the Army authorization to dredge 947,500 cubic yards of beach - quality sediments from two
offshore borrow sources, and deposit the material along approximately 2.75 -mile section of
oceanfront shoreline, in the Town of Kill Devil Hills, Dare County, North Carolina.
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Classification: UNCLASSIFIED
Caveats: NONE
1
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US Army Corps Of PUBLIC NOTICE
Engineers
Wilmington District
Issue Date: February 5, 2015
Comment Deadline: March 6, 2015
Corps Action ID Number: SAW- 2014 -02203
The Wilmington District, Corps of Engineers (Corps) received an application from the
Town of Kill Devil Hills seeking Department of the Army authorization to dredge
947,500 cubic yards of beach - quality sediments from two offshore borrow sources, and
deposit the material along approximately 2.75 -mile section of oceanfront shoreline, in the
Town Kill Devil Hills, Dare County, North Carolina.
The Bureau of Ocean and Energy Management (BOEM) and the Corps will be cooperating
agencies during the environmental review of this project as the offshore sand resources are
located on the Outer Continental Shelf and fall within BOEM's jurisdiction. BOEM and
the Corps will be joint lead agencies for National Environmental Policy Act (NEPA)
purposes, and would prepare, in coordination with the applicant/agent, joint NEPA
documents.
Specific plans and location information are described below and shown on the attached
plans. This Public Notice and all attached plans are also available on the Wilmington
District Web Site at
http: / /www.saw.usace.army.mil /Missions /Re ulatoryPennitPro rg am.aspx
Applicant:
AGENT (if applicable):
Authority
Town of Kill Devil Hills
Attn: Ms. Debora Peele Diaz
102 Town Hall Drive
Kill Devil Hills, North Carolina 27949
Mr. Kenneth Willson
CB &I
4038 Masonboro Loop Road
Wilmington, North Carolina 28409
The Corps evaluates this application and decides whether to issue, conditionally issue, or
deny the proposed work pursuant to applicable procedures of the following Statutory
Authorities:
® Section 404 of the Clean Water Act (33 U.S.C. 1344)
VersVffES 1❑❑❑❑ Page ❑
Z Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403)
❑ Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972
(33 U.S.C. 1413)
Location
Directions to Site: The project begins at the northern town limit and extends south to
Windsong Way, in the Town of Kill Devil Hills, Dare County, North Carolina.
Project Area (acres): 3,544 acres Nearest Town: Town of Kill Devil Hills
Nearest Waterway: Atlantic Ocean River Basin: Atlantic Ocean
Latitude and Longitude: 36.0256 N, - 75.6700 W
Existing Site Conditions
The Town of Kill Devil Hills encompasses approximately 4.75 miles of ocean shoreline
on a barrier island located at the northern end of North Carolina's Outer Banks. The
width of the berm of the island's dune system varies considerably along the town's beach
and with seasonal accretion and erosion events. Along most of the project area, the
winter berm is non - existent due to continuing erosion processes. Dune habitat is
VerA ECj_ 2014 Page 2
currently decreasing due to excessive erosion of the base or toe of the dunes by waves
that travel unimpeded over eroded wet beach to directly impact dunes.
Applicant's Stated Purpose
The purpose of the proposed action is to facilitate a long -term shoreline
management program to sustain the eroding beach and provide support to a significant
portion of the local economy and maintain local and regional tax bases. In order to
accomplish this goal, the Town is proposing to maintain its oceanfront beach and dune
system to a configuration that will: (1) provide a reasonable level of storm damage
reduction to public and private development; (2) mitigate long -term erosion conditions
that could threaten public and private development, recreational opportunities and
biological resources, and; (3) maintain a healthy beach habitat that supports valuable
shorebird and sea turtle nesting habitat. The project design includes advance nourishment
activities to maintain the integrity of the project area for a 5 year period. The Town will
regularly monitor and re- evaluate the level of storm damage reduction and erosion
mitigation that the existing beach provides.
Project Description
The proposed action will include sand placement along a 2.75 -mile section of the Town's
oceanfront shoreline. Beach quality sand would be dredged using a self - contained ocean-
certified hopper dredge and /or a hydraulic cutterhead pipeline dredge. Material will be
obtained from two Outer Continental Shelf (OCS) borrow areas located in federal waters
offshore of Dare County. Borrow Area A is located between 5.0 to 6.5 miles offshore,
while Borrow Area C is located 4.1 to 5.2 miles offshore. Placement onto the beach
would be accomplished via submerged pipeline with direct pump -out. Once discharged,
the sand will be shaped and graded according to the design template using earth- moving
equipment such as bulldozers and excavators. Further details explaining the project
description are located in Section 2.2 of the Kill Devil Hills Environmental Assessment.
Ve r s@DE: - 2 0 14 Page 3
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service.
Avoidance and Minimization
An extensive alternatives analysis was performed and reviewed for this project. This
included the evaluation of a no action alternative; a retreat and relocate alternative; and the
preferred alternative. Many alternatives were identified and evaluated through the scoping
and pre - application process, and further detailed descriptions of all alternatives may be
reviewed in the application and associated applicant prepared Environmental Assessment.
Essential Fish Habitat
Pursuant to the Magnuson- Stevens Fishery Conservation and Management Act, this
Public Notice initiates the Essential Fish Habitat (EFH) consultation requirements. The
Corps' initial determination is that the proposed project
may affect, but not likely to adversely affect EFH or associated fisheries managed by the
South Atlantic or Mid Atlantic Fishery Management Councils or the National Marine
Fisheries Service. As part of the pre - application and scoping process, the applicant
submitted an EFH assessment to The Nation Marine Fisheries Service for review.
Vers@DE: _ 2014 Page 4
Cultural Resources
Pursuant to Section 106 of the National Historic Preservation Act of 1966, Appendix C of
33 CFR Part 325, and the 2005 Revised Interim Guidance for Implementing Appendix C,
the District Engineer consulted district files and records and the latest published version
of the National Register of Historic Places and initially determines that:
❑ Should historic properties, or properties eligible for inclusion in the National
Register, be present within the Corps' permit area; the proposed activity requiring
the DA permit (the undertaking) is a type of activity that will have no potential to
cause an effect to an historic properties.
® No historic properties, nor properties eligible for inclusion in the National
Register, are present within the Corps' permit area; therefore, there will be no
historic properties affected. The Corps subsequently requests concurrence from
the SHPO (or THPO).
❑ Properties ineligible for inclusion in the National Register are present within the
Corps' permit area; there will be no historic properties affected by the proposed
work. The Corps subsequently requests concurrence from the SHPO (or THPO).
❑ Historic properties, or properties eligible for inclusion in the National Register,
are present within the Corps' permit area; however, the undertaking will have no
adverse effect on these historic properties. The Corps subsequently requests
concurrence from the SHPO (or THPO).
❑ Historic properties, or properties eligible for inclusion in the National Register,
are present within the Corps' permit area; moreover, the undertaking may have an
adverse effect on these historic properties. The Corps subsequently initiates
consultation with the SHPO (or THPO).
❑ The proposed work takes place in an area known to have the potential for the
presence of prehistoric and historic cultural resources; however, the area has not
been formally surveyed for the presence of cultural resources. No sites eligible
for inclusion in the National Register of Historic Places are known to be present
in the vicinity of the proposed work. Additional work may be necessary to
identify and assess any historic or prehistoric resources that may be present.
The District Engineer's final eligibility and effect determination will be based upon
coordination with the SHPO and /or THPO, as appropriate and required, and with full
consideration given to the proposed undertaking's potential direct and indirect effects on
historic properties within the Corps - indentified permit area.
Ver s@DE: - 2 0 14 Page 5
Endangered Species
Pursuant to the Endangered Species Act of 1973, the Corps reviewed the project area,
examined all information provided by the applicant and consulted the latest North
Carolina Natural Heritage Database. Based on available information:
❑ The Corps determines that the proposed project would not affect federally listed
endangered or threatened species or their formally designated critical habitat.
® The Corps determines that the proposed project
may affect, not likely to adversely affect federally listed endangered or threatened
species or their formally designated critical habitat. The Corps initiates
consultation under Section 7 of the ESA and will not make a permit decision until
the consultation process is complete.
❑ The Corps is not aware of the presence of species listed as threatened or
endangered or their critical habitat formally designated pursuant to the
Endangered Species Act of 1973 (ESA) within the project area. The Corps will
make a final determination on the effects of the proposed project upon additional
review of the project and completion of any necessary biological assessment
and /or consultation with the U.S. Fish and Wildlife Service and /or National
Marine Fisheries Service.
Further detailed descriptions of ESA issues are disclosed in Section 5.6 of the Kill Devil
Hills Environmental Assessment.
Other Required Authorizations
The Corps forwards this notice and all applicable application materials to the appropriate
State agencies for review.
North Carolina Division of Water Resources (NCDWR)7 The Corps will generally not
make a final permit decision until the NCDWR issues, denies, or waives the state
Certification as required by Section 401 of the Clean Water Act (PL 92 -500). The receipt
of the application and this public notice, combined with the appropriate application fee, at
the NCDWR Central Office in Raleigh constitutes initial receipt of an application for a
401 Certification. A waiver will be deemed to occur if the NCDWR fails to act on this
request for certification within sixty days of receipt of a complete application. Additional
information regarding the 401 Certification may be reviewed at the NCDWR Central
Office, 401 and Buffer Permitting Unit, 512 North Salisbury Street, Raleigh, North
Carolina 27604 -2260. All persons desiring to make comments regarding the application
for a 401 Certification should do so, in writing, by March 6, 2015 to:
NCDWR Central Office
Attention: Ms. Karen Higgins, 401 and Buffer Permitting Unit
Vers@DE: - 2014 Page 6
(LISPS mailing address): 1617 Mail Service Center, Raleigh, NC 27699 -1617
Or,
(physical address): 512 North Salisbury Street, Raleigh, North Carolina 27604
North Carolina Division of Coastal Management (NCDCM):
® The application did not include a certification that the proposed work complies
with and would be conducted in a manner that is consistent with the approved
North Carolina Coastal Zone Management Program. Pursuant to 33 CFR 325.2
(b)(2) the Corps cannot issue a Department of Army (DA) permit for the
proposed work until the applicant submits such a certification to the Corps and
the NCDCM, and the NCDCM notifies the Corps that it concurs with the
applicant's consistency certification. As the application did not include the
consistency certification, the Corps will request, upon receipt, concurrence or
objection from the NCDCM.
❑ Based upon all available information, the Corps determines that this application
for a Department of Army (DA) permit does not involve an activity which would
affect the coastal zone, which is defined by the Coastal Zone Management (CZM)
Act (16 U.S.C. § 1453).
Evaluation
The decision whether to issue a permit will be based on an evaluation of the probable
impacts including cumulative impacts of the proposed activity on the public interest.
That decision will reflect the national concern for both protection and utilization of
important resources. The benefit which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. All factors
which may be relevant to the proposal will be considered including the cumulative effects
thereof, among those are conservation, economics, aesthetics, general environmental
concerns, wetlands, historic properties, fish and wildlife values, flood hazards, flood plain
values (in accordance with Executive Order 11988), land use, navigation, shoreline
erosion and accretion, recreation, water supply and conservation, water quality, energy
needs, safety, food and fiber production, mineral needs, considerations of property
ownership, and, in general, the needs and welfare of the people. For activities involving
the discharge of dredged or fill materials in waters of the United States, the evaluation of
the impact of the activity on the public interest will include application of the
Environmental Protection Agency's 404(b)(1) guidelines.
Vers@DE: - 2014 Page 7
Commenting Information
The Corps of Engineers is soliciting comments from the public; Federal, State and local
agencies and officials, including any consolidated State Viewpoint or written position of
the Governor; Indian Tribes and other interested parties in order to consider and evaluate
the impacts of this proposed activity. Any comments received will be considered by the
Corps of Engineers to determine whether to issue, modify, condition or deny a permit for
this proposal. To make this decision, comments are used to assess impacts on endangered
species, historic properties, water quality, general environmental effects and the other
public interest factors listed above. Comments are used in the preparation of an
Environmental Assessment (EA) and /or an Environmental Impact Statement (EIS)
pursuant to the National Environmental Policy Act (NEPA). Comments are also used to
determine the need for a public hearing and to determine the overall public interest of the
proposed activity.
Any person may request, in writing, within the comment period specified in this notice,
that a public hearing be held to consider the application. Requests for public hearings
shall state, with particularity, the reasons for holding a public hearing. Requests for a
public hearing shall be granted, unless the District Engineer determines that the issues
raised are insubstantial or there is otherwise no valid interest to be served by a hearing.
The Corps of Engineers, Wilmington District will receive written comments pertinent to
the proposed work, as outlined above, until 5pm, March 6, 2015. Comments should be
submitted to Josh Pelletier, Washington Regulatory Field Office, 2407 West Fifth Street,
Washington, North Carolina 27889, at (910) 251 -4605.
Vers@DE: - 2014 Page 8