20041176 Ver 2_Public Notice_20080211

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US Army Corps PUBLIC NOTICE
Of Engineers
Wilmington District
Issue Date: February 8, 2008
Comment Deadline: March 7, 2008
Corps Action ID #: 200100632
The Wilmington District, Corps of Engineers (Corps) has received an application from
the Town of Emerald Isle seeking Department of the Army authorization to impact
Section 10 and Section 404 waters associated with maintenance dredging in Bogue Inlet
Channel and depositing the material along the western portion of oceanfront shoreline at
Emerald Isle, Carteret County, North Carolina. The Town's request is being considered
under the authorization of the September 15, 2004 issued permit.
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 www.saw.usace.army.mil/wetlands
Applicant: Town of Emerald Isle p (~ (,~ (~ ~n/]~
Attn: Frank Rush, Town Manager LS `~' l~ ~t''II
7500 Emerald Drive
Emerald Isle, North Carolina 28594 FEB ~ 1 2008
DEN12 - WATER QUA{1T1'
Agent: Coastal Planning & Engineering of NC, Inc. WETLANDSAN~STORMWATERBRANCH
Attn: Tom Jarrett
330 Shipyard Boulevard
Wilmington, North Carolina 28412
Authority
The Corps will evaluate this application and a decide whether to issue, conditionally
issue, or deny the proposed work pursuant to applicable procedures of Section 10 of the
Rivers and Harbors Act and Section 404 of the Clean Water Act.
Location
The project site is located within the Bogue Inlet Complex at the western end of Emerald
Isle, Carteret County, North Carolina. The project is composed on two locations, the
dredging area and the disposal area. The dredging site is within the Bogue Inlet floodtide
delta, whereas the disposal site is located along the Bogue Inlet shoulder and ocean
shoreline at the western tip of Emerald Isle.

Existing Site Conditions
In September 2004, the Town was authorized to relocate the inlet channel in a central
position of the inlet and place approximately 809,500 cubic yards of material along 4.5
miles of the Town's ocean shoreline. This work was completed sometime early April
2005. The inlet channel continues to generally hold that central location, while the
western tip of Emerald Isle has experienced some adjustments, both erosion and
accretion. A western spit has formed, or accreted, on the western tip of Emerald Isle,
where the pre-construction inlet channel was situated; and erosion conditions have
occurred along the western end of the ocean shoreline and inlet shoulder. Current
conditions at the disposal area exhibit an existing sandbag line in front of the vegetated
dune line on approximately six residential oceanfront homes located on Inlet Drive. The
distance between the sandbag placement and the existing homes ranges from
approximately 100 feet, at the eastern end of the sandbag line, to less than 5.0 feet at the
western end along the inlet shoulder.
It should be noted that the September 15, 2004 issued permit expiration date was
extended to December 31, 2009 by our office in a letter dated December 19, 2007. The
expiration extension does not authorize any activity; it only extends the expiration date.
Applicant's Stated Purpose
Basic: The basic purpose is to recapture the alignment and design dimension of a
portion of the Bogue Inlet Channel and to place the material on the beach to help curb
shoreline erosion.
Overall: The stated purpose of the proposal is to conduct dredging in the
northern-most reach of the new Bogue Inlet Channel and to place the material along the
ocean shoreline to mitigate current oceanfront erosion impacts associated with continuing
inlet-related shoreline adjustments in that area. The extracted material will come from
the footprint of the original permitted alignment and will provide beach compatible
material for the section of the oceanfront that is experiencing erosion.
Project Description
The Town is proposing to re-dredge a section of the channel's footprint previously
permitted that is located in the floodtide delta in front of Dudley's Island. The
dimensions of the new channel will be 2,100 feet long by 150 feet wide with slopes
constructed at 1:5. A portion of the dredging will take place within a shoaling area that is
currently -2.0 feet below mean low water and is located just to the east of the existing
channel. The dredging area will extend southward from this shoaling area and will be
tapered into the existing channel. Plans show final depth will be -17 feet below mean
low water. The estimated volume of material to be extracted, based on a November 2007
hydrographic survey, is approximately 174,000 cubic yards of material.
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The material dredged from the channel will be pumped via pipeline and placed along the
oceanfront shoreline starting at a point 300 feet west of Coast Guard Road and extending
westward approximately 2,000 feet around the point into Bogue Inlet. The dimensions of
the disposal area are 2,000 feet long by 600 feet wide, of which 2,000 feet long by 400
feet wide, or 18.5 acres, will encompass an area below the mean high tide line. The
disposal fill will have a variable crest width constructed to an elevation of +5.0 feet
National Geodetic Vertical Datum).
All dredging work will be conducted by a cutterhead hydraulic dredge, while the
bulldozers will be used to move and shape the material at the disposal site.
Other Required Authorizations
This notice and all applicable application materials are being forwarded to the appropriate
State agencies for review. The Corps will generally not make a final permit decision
until the North Carolina Division of Water Quality (NCDWQ) issues, denies, or waives
State certification required by Section 401 of the Clean Water Act (PL 92-500).
Additional information regarding the Clean Water Act certification may be reviewed at
the NCDWQ Central Office, 401 Oversight and Express Permits Unit, 2321 Crabtree
Boulevard, Raleigh, North Carolina 27604-2260.
The applicant has not provided to the Corps, a certification statement that his/her
proposed activity complies with and will 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 can not issue a permit for the proposed work until the applicant
submits such a certification to the Corps and the North Carolina Division of Coastal
Management (NCDCM), and the NCDCM notifies the Corps that it concurs with the
applicant's consistency certification.
Essential Fish Habitat
This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the
Magnuson-Stevens Fishery Conservation and Management Act. The Corps' initial
determination is that the proposed project may adversely impact EFH or associated
fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils
or the National Marine Fisheries Service. Describe anticipated impacts.
Cultural Resources
The Corps has consulted the latest published version of the National Register of Historic
Places and is not aware that any registered properties, or properties listed as being
eligible for inclusion therein are located within the project area or will be affected by the
proposed work. Presently, unknown archeological, scientific, prehistoric, or historical
data may be located within the project area and/or could be affected by the proposed
work.
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Endangered Species
The Corps has 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 has determined pursuant to the Endangered Species Act
of 1973 (ESA), that the proposed project may affect federally listed endangered or
threatened species or their formally designated critical habitat. Describe anticipated
impacts. Consultation under Section 7 of the ESA will be initiated and no permit will be
issued until the consultation process is complete.
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.
Commenting Information
The Corps of Engineers is soliciting comments from the public; Federal, State and local
agencies and officials, including any consolidate 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
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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.
Written comments pertinent to the proposed work, as outlined above, will be received by
the Corps of Engineers, Wilmington District, until Spm, March 7, 2008. Comments
should be submitted to Mr. Mickey Sugg, Post Office Box 1890, Wilmington, North
Carolina 28402-1890, or via Internet at micke.~ t~su~ usace.army.miL If you have any
questions concerning this application, please contact Mr. Sugg at [phone].
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