20040393 Ver 2_Public Notice_20150205 (16)

PUBLICNOTICE
USArmyCorpsOf
Engineers

WilmingtonDistrict

IssueDate:February5,2015
CommentDeadline:March6,2015
CorpsActionIDNumber:SAW-2014-02203
TheWilmingtonDistrict,CorpsofEngineers(Corps)receivedanapplicationfromthe
TownofKillDevilHillsseekingDepartmentoftheArmyauthorizationtodredge
947,500cubicyardsofbeach-qualitysedimentsfromtwooffshoreborrowsources,and
depositthematerialalongapproximately2.75-milesectionofoceanfrontshoreline,inthe
TownKillDevilHills,DareCounty,NorthCarolina.

TheBureauofOceanandEnergyManagement(BOEM)andtheCorpswillbe cooperating
agenciesduringtheenvironmentalreviewofthisprojectastheoffshoresand resourcesare
locatedontheOuterContinentalShelfandfallwithinBOEM’sjurisdiction. BOEMand
theCorpswillbejointleadagenciesforNationalEnvironmentalPolicyAct (NEPA)
purposes,andwouldprepare,incoordinationwiththeapplicant/agent,joint NEPA
documents.

Specificplansandlocationinformationaredescribedbelowandshownontheattached
plans.ThisPublicNoticeandallattachedplansarealsoavailableontheWilmington
DistrictWebSiteat
http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram.aspx

Applicant:
TownofKillDevilHills
Attn:Ms.DeboraPeeleDiaz
102TownHallDrive
KillDevilHills,NorthCarolina27949

AGENT(ifapplicable):
Mr.KennethWillson
CB&I
4038MasonboroLoopRoad
Wilmington,NorthCarolina28409

Authority

TheCorpsevaluatesthisapplicationanddecideswhethertoissue,conditionallyissue,or
denytheproposedworkpursuanttoapplicableproceduresofthefollowingStatutory
Authorities:

Section404oftheCleanWaterAct(33U.S.C.1344)
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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 atthe 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 acresNearest Town:Town of Kill Devil Hills
Nearest Waterway:Atlantic OceanRiver Basin:Atlantic Ocean
Latitude andLongitude: 36.0256 N, -75.6700 W

Existing Site Conditions

The Town of Kill Devil Hills encompassesapproximately 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 bermof the island’s dune systemvaries considerably along the town’s beach
and with seasonal accretion and erosion events. Along most of the project area, the
winter bermis non-existentdue to continuing erosion processes. Dune habitat is
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currently decreasing due to excessive erosion of the base or toe of the dunes by waves
that travel unimpeded over eroded wet beach todirectly impact dunes.

Applicant’s Stated Purpose

The purpose of the proposed action is to facilitate a long-term shoreline
managementprogramto sustain the erodingbeach 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
systemto a configuration that will: (1) provide a reasonable level ofstorm damage
reduction to public and private development;(2) mitigate long-termerosion 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 ofstormdamagereduction and erosion
mitigation that the existing beach provides.

Project Description

The proposed action will include sand placement along a 2.75-mile section ofthe 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 infederal waters
offshore of Dare County. Borrow Area A islocated between 5.0 to 6.5milesoffshore,
while Borrow Area C is located 4.1 to 5.2 miles offshore. Placement onto the beach
would be accomplished via submerged pipelinewith 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 ofthe KillDevilHillsEnvironmental Assessment.
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Avoidance and Minimization

Anextensivealternativesanalysiswasperformedandreviewedforthisproject.This
includedtheevaluationofanoactionalternative;aretreatandrelocatealternative;andthe
preferredalternative.Manyalternativeswereidentifiedandevaluatedthroughthescoping
andpre-applicationprocess,andfurtherdetaileddescriptionsofallalternativesmaybe
reviewedintheapplicationandassociatedapplicantpreparedEnvironmentalAssessment.

Essential Fish Habitat

Pursuant to the Magnuson-Stevens FisheryConservation and Management Act, this
Public Notice initiates the Essential FishHabitat (EFH) consultation requirements. The
Corps’ initial determinationis 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, theapplicant
submitted an EFH assessment to The Nation Marine Fisheries Service forreview.
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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 InterimGuidance for Implementing Appendix C,
the District Engineer consulted district files and records and the latest published version
of the National Register of HistoricPlaces 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 effectto an historic properties.

No historicproperties,nor propertieseligible for inclusion in the National
Register, are present within the Corps’ permit area; therefore, there will beno
historic properties affected. The Corps subsequently requests concurrence from
the SHPO (orTHPO).

Properties ineligible for inclusion in the National Register are present within the
Corps’ permitarea; therewill be nohistoric properties affectedby the proposed
work.The Corps subsequently requestsconcurrence fromthe 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 haveno
adverseeffect on these historic properties.The Corps subsequently requests
concurrence fromthe 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
adverseeffecton these historic properties.The Corps subsequently initiates
consultationwith 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 inclusionin the National Register ofHistoric 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 eligibilityand 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 withinthe Corps-indentified permit area.
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Endangered Species

Pursuant to the Endangered Species Act of1973, the Corps reviewedthe project area,
examined all information provided by theapplicant and consulted the latest North
Carolina Natural Heritage Database. Based on available information:

The Corps determines that the proposedproject would not affect federally listed
endangered or threatened species or their formally designatedcritical 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
consultationunder Section 7 of the ESA and will not make a permit decision until
the consultation process is complete.

The Corps isnot aware ofthe presence of species listed as threatened or
endangered or their critical habitatformally 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 ofany necessary biological assessment
and/or consultation with the U.S. Fish and Wildlife Service and/or National
Marine Fisheries Service.

FurtherdetaileddescriptionsofESAissuesaredisclosedinSection5.6oftheKillDevil
HillsEnvironmentalAssessment.

Other Required Authorizations

The Corps forwards thisnotice and all applicableapplication materials to the appropriate
State agencies for review.

North Carolina Division of Water Resources (NCDWR)
:The Corps will generally not
make a final permit decision until the NCDWRissues, 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 ofan application fora
401 Certification. A waiver will be deemed to occur if the NCDWR fails to act on this
requestforcertificationwithin sixty days of receipt of a complete application. Additional
information regarding the 401 Certificationmay 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, byMarch 6,2015 to:

NCDWR Central Office
Attention: Ms. Karen Higgins, 401 and Buffer Permitting Unit
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(USPS 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 certificationthattheproposedworkcomplies
with and would be conducted in a manner that is consistent with the approved
North CarolinaCoastal 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 Corpswill request, upon receipt,concurrence or
objection fromthe NCDCM.

Based upon all available information, the Corps determines that this application
for a Department of Army (DA) permitdoes 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 toissue a permit will be based on an evaluation ofthe probable
impacts including cumulative impacts of theproposed 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 fromthe
proposal must be balanced against its reasonablyforeseeable detriments. All factors
which may be relevant to the proposal will be considered including the cumulative effects
thereof; amongthose 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
erosionandaccretion,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
thedischarge ofdredgedor fillmaterials in waters ofthe United States, the evaluation of
the impact ofthe activityon the public interest will include application ofthe
Environmental Protection Agency’s404(b)(1)guidelines.
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CommentingInformation

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 orderto consider and evaluate
the impacts ofthis 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 anEnvironmental Impact Statement (EIS)
pursuant to the National Environmental PolicyAct (NEPA). Comments are also used to
determine the need for a publichearing 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 insubstantialor there is otherwiseno valid interest to be served by a hearing.

The Corps of Engineers, Wilmington District will receive written comments pertinent to
the proposedwork, as outlined above, until 5pm, March 6, 2015. Comments should be
submitted toJosh Pelletier, Washington Regulatory Field Office, 2407 West Fifth Street,
Washington, North Carolina 27889, at [phone].
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