Cape Point Federal Consistency

IN REPLY REFERTO:
United States Department of the Interior
NATIONAL PARK SERVICE
Outer Banks Group
Fort Raleigh National Historic Site I Wright Brothers National Memorial
Cape Hatteras National Seashore
(I.A. 1.)(CAI-IA-RM)
Daniel Govoni
Federal Consistency Coordinator
NC Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557-3421
Mr. Govoni:
1401 National Park Drive
Manteo, NC 27954
This letter constitutes a request a Federal Consistency Review for alleviating flooding of
infrastructure in and around Cape Point Campground, Cape Hatteras National Seashore. if you
have further questions regarding the details of this project, please contact the Park
Superintendent, Dave Hallac, at [phone] or via e-mail at david—hallac@,nps.gov.
We greatly appreciate any comments or concerns and look forward to continued communication
on this project.
Sincerely,
David E. Hallac
�,,,Superintendent
Enclosure
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Request for a Federal Consistency Determination for
Alleviating Flooding of Infrastructure in and Around Cape Point Campground
Dare County, North Carolina
National Park Service
Cape Hatteras National Seashore
February 26, 2016
Background
Cape Hatteras National Seashore (Park) receives over 2 million visits annually and assists in
supporting the local tourist -driven economy of Dare County. The Cape Point Area of Cape
Hatteras National Seashore is situated in an area of vulnerability due to dynamic coastline forces
of waves, winds, currents and overwash causing erosion and other adverse effects to public access
and safety. Cape Point and surrounding Park Service lands and infrastructure serves tourists and
the local residents allowing for a variety of recreational and commercial uses including
sunbathing, birdwatching, fishing, shell collecting, swimming, camping, recreational driving, and
horseback riding, among others.
A pattern of frequent, heavy rainfall beginning in early Fall 2015 disrupted operations at the Park
and continues affecting visitor use and enjoyment and potentially impacting the local economy.
Floodwaters now encompass all of Cape Point Campground (Figure 1) rendering 202 campsites
non-functional. Depending on duration and amount of rain, beach ramps 43, 44, 48 and 49
become unsafe and must be closed. When this occurs, there is no vehicular access to the beach at
Cape Point through the villages of Frisco and Buxton. Lighthouse Road is a paved road leading
to ramps 43 and 44 and Cape Point campground remains closed at this time. The interdunal road
adjacent to the campground is flooded and impassable. Other important park infrastructure, such
as the septic drainage field that serves our seasonal housing area, has also been underwater.
Prior to 2004, the Park used a series of ditches and culverts to convey water away from Cape
Point campground (Figure 2) during climatologically wet years. A culvert west of the
campground allowed water to travel south through a 48 inch underground pipe providing water
egress through an outlet to the Atlantic Ocean. As the beach accrued sand, the outlet became
nonfunctional prompting the Park to use heavy equipment to convey water through an excavated
3-4ft wide trench (Figure 3). Once the water in the campground subsided and the campground
dried, the culvert would be closed, the trench backfilled itself, and water levels in the surrounding
marsh stabilized until the next period of extended wet weather. The water level in the wetlands
would be lowered, but not drained completely, thereby preserving wetland function and
maintaining functional Park infrastructure.
Project Description
Recent heavy rainfall has resulted in an extended period of flooding in the Cape Point area. The
Park wishes to resume manipulation of the surface water around Cape Point with the goal of
removing enough water to allow the campground and ramps to dry. The current rate of recession
is about 0.5- 1 inch per week. Historical data from water gauges will be used to determine how
much water must be removed to alleviate the flooding. Currently, the water gauge indicates water

levels at 92 centimeters (approx 36") and NPS wishes to reduce the water level 30 — 40 cm (12-
16".) to correspond to non -flooded conditions. The resulting elevation would be 50-60 cm (20-
24".) The upstream culvert would be converted to a weir through the placement of I inch thick
steel riser to maintain the water levels at a fixed depth of 60 cm (24"). This depth would
correspond to the minimum level necessary to maintain Park infrastructure. Using this design,
water levels would be held at a point where the wetlands would remain functional.
A backhoe would access the beach and dig a 3411 wide trench beginning at the ocean for 300-400
ft northward toward the existing breach in the duneline (Figure 4). The existing breach in the
duneline is 35-45 feet wide depending on where it is measured. Once the ditch connects with the
wetland area, water would flow freely to the ocean.
Guidelines and Constraints
The Park requests that North Carolina Division of Coastal Management (DCM) consider all
alternative approaches that accord with NC laws and coastal management strategy policies under
the following guidelines and constraints as governing alleviation of flooding under NPS'
Consistency Determination.
• Other permits, approvals, or authorizations may be required;
• All activities performed by the NPS will occur within Cape Hatteras National Seashore;
• In effecting repairs, NPS will act in full conformity with 15A NCAC 07H .0301, et. seq.
It will preserve the natural ecological conditions of the barrier dune, beach and ocean inlet
systems.
• NPS will ensure that restoration action will benefit only the general public, Park
infrastructure, cultural and historic structures and not individual private property owners.
• In accordance with Section 307 (c)(1) of the Federal Coastal Zone Management Act of
1972, as amended, Cape fiatteras National Seashore will determine before undertaking
restoration work that the proposed action is consistent to the maximum extent practicable
with the enforceable policies of North Carolina's coastal management program.
Specific Construction Requirements
The Park requests that DCM approve the following specific reconstruction requirements under the
three year Consistency Determination to alleviate flooding and restore recreational access to Cape
Point and the surrounding area due to climatologically wet conditions.
(a) Dune maintenance (I 5A NCAC 07H.0308 (4)(b))
• Existing primary and frontal dunes will not be weakened.
• Existing primary and frontal dunes will not be broadened or extended in an oceanward
direction.
• Relocation of sand within the AEC will be limited to the current crest of the primary dune
line or landward toe of a frontal dune.
• Repaired dunes will be aligned, be given the same general configuration and ridge heights
as adjacent natural dunes.
• Sand used for dune reconstitution will be of the same general characteristics as sand in the
area in which it will be placed.

Work will be accomplished in such a manner to minimize damage to existing vegetation.
When appropriate and as resources are available disturbed areas will be replanted or
temporarily stabilized until planting can be completed successfully.
(b) Minimal Vegetation Impact
• A qualified biologist has inspected the area and determined that no sensitive or
endangered vegetation would be adversely affected during to implementation of these
actions.
• Federal or state listed plants or plants failing under the category of special concern (e.g.,
seabeach amaranth (Amaranthuspumilus), dune bluecurls (Trichostema sp. 1)) would not
be compromised.
Other Requirements
NEPA Compliance
No part of this application conflicts with National Park Service NEPA guidelines. All appropriate
NEPA documentation would be completed prior to implementation. This consistency
determination will be a part of the Categorical Exclusion documentation.
Site Inspection
A site inspection by CAMA and Park Staff will be conducted as soon as possible after any work
is conducted under this agreement. NPS welcomes site visits to impacted areas before, during and
after the draining begins.
Duration
The Park requests this Consistency Determination be effective for 5 years while we develop a
long-term plan for management of this issue. Should climatic factors and sea level changes
persist, it may necessary to consider renewing the determination if justified by conditions at the
time.
Conformity
This application is submitted to ensure conformity with 15 CFR Part 930 which fully maintains
the authority and ability of North Carolina to review proposed federal actions that would have a
"reasonably foreseeable effect" on any land or water use or natural resource of North Carolina's
coastal zone, as provided for and in the CZMA and NOAA's regulations, as revised in 2000, "to
the maximum extent practicable."
Cape Hatteras National Seashore believes that this proposed project is fully in conformity and
ftilly consistent with the standards and management objectives of North Carolina's State
Guidelines for: Areas of Environmental Concerns, 15A NCAC 07H.0101, et seq.; The Estuarine
and Ocean Systems, 15A NCAC 07H.0201, et seq.; and Ocean Hazard Areas, 15A NCAC
07H.0301, et seq. The proposal meets the management objective of 15A NCAC 07H .0209 and
7H .0208 and would not result in degradation of the estuarine and ocean system.
Timing
To avoid possible adverse impacts to public access and environmental resources as well as
recreational usage of the area, repairs will be as soon as possible with active support from NPS.

Design Alternatives
The ditch would be constructed in an area designated permanently as a vehicle free area. The
ditch would be opened long enough, approximately 7-10 days based on historical information, to
lower the water level to the desired weir height and then surrounding water levels would be
allowed to stabilize. The permanent weir would maintain the water level at 60cm and only
overflow during heavy rain events.
As an alternative to constructing a ditch, NPS considered pumping water to the ocean using
portable pumps and generators. The pump systems would not be effective in the short-term
timeframe needed to quickly alleviate the floodwaters. Multiple pumps would be needed along
with generators to power the pumps. Those generators require gasoline to be transported to the
generators. The pumps and generators would cause significant issues with noise disturbance and
exhaust for the wildlife and visitors. Personnel would not be available to maintain the pumps and
generators on a 24 hr basis. With limited pumping capacity and operation on an 8 hour schedule,
floodwater would not be removed in a timely manner.
Public Access to the Coasts
Public access is specifically identified as one of the key priorities of the Coastal Zone
Management Act (CZMA) of 1972. In its Declaration of Policy, it states:
"The Congress finds and declares that it is the national policy ... to encourage and assist the states
to exercise effectively their responsibilities in the coastal zone through the development and
implementation of management programs to achieve wise use of the land and water resources of
the coastal zone, giving full consideration to ecological, cultural, historic, and esthetic values as
well as the needs for compatible economic development, which programs should at least provide
for — public access to the coasts for recreation purposes" [§ 1452. Section 303(2) (E)].
Maintaining Cape Point campground, Ramps 43, 44, 48, and 49, Lighthouse Road and the inside
road between the old ramp 45 and ramp 49 in such a manner as to provide safe public access to
Cape Hatteras National Seashore is in conformity with these policies.
Dare County Land Use Plan
Dare County's Land Use Plan Policy No. 8 supports the preservation and protection of the
public's right to access and use of the public trust areas and waters. 1"he County's Policy No. 14
supports the shoreline access policies stated in 15 A NCAC 7M, Section .0303.
Maintaining Cape Point campground, Ramps 43, 44, 48, and 49, Lighthouse Road and the inside
road between the old ramp 45 and ramp 49 in such a manner as to provide safe public access to
Cape Hatteras National Seashore is in conformity with these policies.
Areas of Environmental Concern (AEC)
The requested Consistency Determination is in compliance with the Coastal Zone Management
Act and is consistent with the Coastal Areas Management Program of North Carolina.
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15A NCAC 07H .0302 Significance of the Ocean Hazard Category recognizes public as well
as private ownership within the ocean hazard area and the vast number of visitors to the coast
and the intensity of interest in the coastal area which portrays the area which is the subject of this
submittal.
15A NCAC 07H.0303 Management Objectives of Ocean Hazard Areas while stating the
need to protect primary and frontal dunes, it is the CRC's objective to provide policies and
standards to clinninate unreasonable danger to life and property while balancing financial, safety
and social factors in hazard area development. The purpose of CRC Rules includes the objective
to protect present common-law and statutory public rights of access to and the use of lands and
waters of the coastal area.
The project which is the subject of the consistency determination strikes that balance by avoiding
the dune area and ensuring access to an area of special interest.
15A NCAC 07H.0306 General Use Standards for Ocean Hazard Areas establishes the
standards for planned development to protect life and property. This section states "Established
common-law and statutory public rights of access to and use of public trust lands and waters in
ocean hazard areas shall not be eliminated or restricted." [See (a) (6)] Paragraph (b) prohibits
development that involves significant removal or relocation of the primary dune or disturbance to
other dunes within the ocean hazard area not otherwise allowed by Rule .0308(b). Also, please
note that the activity sought in the Consistency Determination does constitute "development" as
defined under the North Carolina's Coastal Area Management Act. GS 11.3A-103 provides:
"Development" means any activity in a duly designated area of environmental
concern (except as provided in paragraph b of this subdivision) involving,
requiring, or consisting of the construction or enlargement of a structure;
excavation; dredging; filling; dumping; removal of clay, silt, sand, gravel or
minerals; bulkheading, driving of pilings; clearing or alteration of land as an
adjunct of construction; alteration or removal of sand dunes; alteration of the
shore, bank, or bottom of the Atlantic Ocean or any sound, bay, river, creek,
stream, lake, or canal; or placement of a floating structure in an area of
environmental concern identified in GS 113A -11.3(b)(2) or (b)(5).
The Park believes the proposed activity will result in temporary impacts to the AECs within the
project area. These will be short term and not result in a permanent change or alteration of
wetlands.
15A NCAC 7H.0510 Significant Coastal Historic Architectural Resources establishes
management objectives for the protection of significant coastal historic architectural resources.
No historic properties would be affected. The project meets the management objectives of 07H
.0510.
North Carolina Coastal Program Policies
15A NCAC 07M.0300 Shorefront Access Policies - establishes management objectives to
ensure public access to public beaches and waters. The requested Consistency Determination is
consistent with the access policies of this Act.

15A NCAC 07M.0800 Coastal Water Quality Policies - establishes management objectives for
waters of the State within the coastal area that has a potential for uses which require optimal water
quality.
The proposed action will not degrade or deteriorate the water quality of the Pamlico Sound.
Required State, Federal, and Local Permits
No permit from the U.S. Army Corps of Engineers (USACE) Regulatory Office is required for
the performance of the work and no public notice coordination for the permit is required.
This requested Consistency Determination to alleviate flooding in and around the Cape Point area
complies with conditions of the North Carolina Division of Water Quality's (NCDWQ) General
Water Quality Certification (GC) and will cause minor modification to waters or wetlands
through a reduction in floodwaters.
Conclusion
The NPS seeks a Consistency Determination for a term of three years without other change or
modification for the purpose of maintaining public safety, beach access, Park roads and ramps,
and the Cape Point Campground within Cape I latteras National Seashore. The Park determined
there is no practical and reasonable alternative this proposal.
This proposed project will not have "significant impacts" to coastal resources. The proposed
project is consistent, to the maximum extent practicable, with the enforceable policies of North
Carolina's federally approved coastal management program.

Figure 1. Cape Point Campground flooding after Hurricane Joaquin. Currently, the campground remains
flooded and is not usable.
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Figure 2. Relative proximity of campground, culvert (weir), 48 inch pipe, discharge end, and proposed
cut.
West of Cape Point Campground <—J Proposed cut for drainage
4 a
Existing culvert
pipe discharge
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Existing underground 48" culvert
g g
.+ ..ti•,► pipe to be converted to a weir to
maintain a fixed water level.
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Figure 3 depicting the accretion of sand through time. The 2013 photo (bottom right) shows the natural
duneline breach of 35-45ft and the general location of the proposed 300ft ditch.
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Figure 4. The current duneline breach is 35-45 feet (*) depending on the measurement location.
An approximately 300ft ditch, 3-4ft deep will allow floodwaters to flow southward to the Atlantic
Ocean.
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