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HomeMy WebLinkAbout19920142 Ver 1_COMPLETE FILE_19920101Pte' „+ srnrz „ State of North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27604 James G. Martin, Governor March 24, 1992 George T. Everett, Ph.D. William W. Cobey, Jr., Secretary Director Mr. William S. Price North Carolina Department of Cultural Resources 109 East Jones Street Raleigh, North Carolina 27601-2807 Dear Mr. Price: Subject: Certification Pursuant to Section 401 of the Federal Clean Water Act, Proposed rock revertment Project # 92142 New Hanover County Attached hereto is a copy of Certification No. 2714 issued to North Carolina Department of Cultural Resources dated March 24, 1992. If we can be of further assistance, do not hesitate to contact us. Sincerely, "e T. Everett ? Gt 1 I Attachments cc: Wilmington District Corps of Engineers Wilmington DEM Regional Office Mr. John Dorney Mr. John Parker Central Files REGIONAL OFFICES Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem 704/251-6208 919/486-1541 704/663-1699 919/733-2314 919/946-6481 9 19/395 -3900 919/896-7007 Pollution Prevention Pays P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer NORTH CAROLINA New Hanover Count CERTIFICATION THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Environmental Management Regulations in 15 NCAC 2H, Section .0500 to North Carolina of Cultural Resources pursuant to an application filed on the 29 day of February 1992 to install a 3200' by 70' rock revertment along the ocean shoreline at Fort Fisher State Historic site. The Application provides adequate assurance that the discharge of fill material into the waters of the Atlantic Ocean in conjunction with the proposed rock revertment in New Hanover County will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate :Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter set forth. Condition(s) of Certification: 1. That the activity be conducted in such a manner as to prevent significant increase in turbidity outside the area of construction or construction related discharge (increases such that the turbidity in the Stream is 25 NTU's or less are not considered significant). 2. That all fill material be from a clean upland source, free from toxic pollutants. Violations of any condition herein set forth shall result in revocation of this Certification. This Certification shall become null and void unless the above conditions are made conditions of the Federal Permit. This the 24 day of March, 1992. DIVISION OF ENVIRONMENTAL MANAGEMENT 'J- ,,(George T. Everett, Direc or WQC# 2714 DIVISION OF ENVIRONMENTAL MANAGEMENT Date: April 2, 1992 To: John Dorney Q V is !I '! Planning Branch ^??-x'1992 From: James H. Gregson Wilmington Re Office Through: Dave Adkins Wilmington ;oral Office Subject: Regional Office Review and Recommendations Application for Permit for Excavation and/or Fill Central Office Permit #92142 Fort Fisher State Historic Site New Hanover County Final comments were submitted on this project on March 17, 1992 under project number 92122. JHG:92142.APR cc: Wilmington Regional Office Files Central Files .? STATt ?'.. APR I 0 10 North Carolina Department of Cultural Resources James G. Martin, Governor Patric Dorsey, Secretary Action ID# 199201226 Mr. G. Wayne Wright Chief, Regulatory Branch Wilmington District, Corps Post Office Box 1890 Wilmington, North Carolina Dear Mr. Wright: March 30, 1992 of Engineers 28402-1892 N Division of Archives and History William S. Price, Jr., Director I am responding to your letter of March 4, 1992 regarding Corps of Engineers clearances for the proposed rock revetment at Fort Fisher State Historic Site in New Hanover County. The proposed structure would protect the historic site from continued erosion. Specific additional information requested in your letter follows: a. Alternatives to the proposed project. The proposed project was selected only after a thorough review of alternatives by the Corps of Engineers. There is no upland alternative; to protect an ocean shoreline, waters of the U.S. must in some way be impacted. Beach nourishment, revetments, groin fields and offshore breakwaters were all considered during planning for the project. A groin field or offshore breakwaters would require placing large quantities of rubble fill into ocean waters. This action could significantly impact adjacent beaches by accelerating erosion. A beach nourishment project, the only readily available alternative which would not "harden" the beach, would also affect waters in the nearshore ocean. In addition, beach nourishment would affect waters in the Cape Fear River or the Basin, the only sites which have enough beach-grade sands available for construction and maintenance of such a project. Use of those sites as borrow areas would have significant adverse impact on waters and wetlands. 109 Easdones Street • Raleigh, North Carolina 27611 i Mr. G. Wayne Wright Page 2 March 30, 1992 Since the proposed revetment would not cause erosion of adjacent beaches, (based on Corps studies); would not require the use of estuarine borrow areas; and would not require a large degree of ocean fill, it is believed to be the erosion control measure which minimizes impact on the waters of the U.S. and best addresses the erosion problem at the historic site. b. Effect of the proposed project on wetlands. No vegetated wetland areas will be affected by the project; however, any project constructed will have some effect on U.S. waters. The proposed revetment alignment was selected to minimize impact on shore processes and ocean waters while providing effective protection for the Fort Fisher State Historic Site. Further, in order to minimize impact on aquatic sites, material for backfilling the revetment will come from upland dredged material disposal areas. C. Effect of the progos?d project o habitat and need for mitigation. The only habitats affected by the proposed project will be an eroded bluff, ocean beach, and nearshore ocean. Without the project, the live oak maritime forest at the historic site will continue to be lost. After construction of the project, beach and nearshore ocean habitats will reestablish themselves, although under different physiographic conditions. Because of the small area affected by the project and the anticipated protection and reestablishment of natural communities, mitigation is not proposed. I trust above information satisfies the requirements of the Corps of Engineers. If you have additional questions, please call Mr. Jim McPherson of our Historic Sites Section at (919) 733-7862. Sincerely, M M?I William S. Price, Jr cc: John Parker-Coastal Management John Dorney-Environmental Management Jim McPherson-Historic Sites Section To: 40%,ozerney Planning Branch DIVISION OF ENVIRONMENTAL MANAGEMENT CAMA MAJOR PERMIT APPLICATION REVIEW PROJECT NAME: North Carolina Department of Cultural Resources COUNTY : New Hanover Pro i ec-t A • Q ??12 2 STREAM OR ADJACENT WATER BODY: Atla c a W 5 CLASS: SB ?fg OPEN OR CLOSED: Open STORMWATER PLAN REQ' D: M 2 IF YES, DATE APPROVED: V... PROJECT DESCRIPTION: The applicant iropeo LAI,? ?stall a 3200' X 70' rock revetment alon the ocean shot& ? !u? ithe Fort Fisher State Historic Site. REVIEWER: Gregso JOINT NOTICE: Yes DATE APP. REC'D: 92/03 29 RECOMMENDATION: Issue RETURNED: (ISSUE/DENY/OTHER) RESUBMITTED: INITIAL REPORT FINAL REPORT: 92/03/17 WATER QUALITY CERT. (401) CERT. REQ'D: Yes IF YES, TYPE: Individual SEWAGE DISPOSAL TYPE OF DISPOSAL PROPOSED: N/A (EXISTING, PROPOSED, SEPTIC TANK ETC.) TO BE PERMITTED BY: N/A (DEM, DHS, COUNTY) IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE: N/A WATER/WETLAND FILL AREA OF FILL: WATER: 81,000 sq. ft. WETLAND: N/A IS FILL ELIMINATING A SIGNIFICANT USE? No DREDGING IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF RESOURCE? No IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? Yes MARINA ARE THE FOLLOWING ADEQUATELY ADDRESSED? SEWAGE DISPOSAL: N/A MARINA SERVICES: N/A OXYGEN IN BASIN: N/A CLOSURE OF SHELLFISHING WATERS: N/A (ATTACH A MARINA USE ATTAINABILITY EVAL.) 92122 mar Page Two RECOMMENDED CONDITIONS OR PERMIT RESTRICTIONS: Although this Office has concerns about the changes in natural systems that may result from beach hardening, i.e., accelerated erosion in front of and at the ends of these type structures, from a water quality viewpoint impacts from this project should be minimal. The project will require a 401 Certification and that Certification should include the following conditions for the construction of the rock revetment. 1. That all fill material be from a clean upland source, free from toxic pollutants. 2. That the project be done in such a manner so as to not cause turbidity outside the immediate construction area to exceed 25 NTU. JHG:92122.Mar cc: Central Files Wilmington Regional Office Files DCM-C. Robert Stroud, Jr. V r?r •?' aura ?n ? State of North Carolina Department of Environment, Health, and Natural Resources Division of Coastal Management James G. Martin, Governor William W. Cobey, Jr., Secretary February 21, 1992 NEV13RANDM TO: Dr. George T. Everett, Director Division of Environmental Management FROM: John R. Parker, Jr., Chief Major Permits Processing Section SUBJECT: CANVDredge & Fill Application Review Applicant: North Carolina Department of Cultural Resources Roger N. Schecter Director Project Location: Fort Fisher Historic Site, U.S. 421, New Hanover County Proposed Project: to install a rock revetment along the ocean shore of the Fort Fisher State Historic Site in an attempt to control the rate of shoreline erosion. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 12, 1992. If you have any questions regarding the proposed project, please contact at extension When appropriate, in-depth comments with supporting data are requested. REPLY Signed This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project, only if the recamiended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Date 127 Cardinal Drive Extension • Wilmington, North Carolina 28405-3845 • Telephone (919) 395-3900 • Fax (919) 2542004 An Equal Opportunity Affirmative Action Employer DIMICK OF CDASTAL MANAGMERr ffiD IlJVESMATION 1. Applicant's name North Cgrolina Dm2&r- meat of Caultural Resounroes 2. Lamtim of project site Fort Fisher Historic Site - New Hanover Oamty and the Atlantic Ocean south of Mm Beach on U.S. 421. PHfyIO IIEK: 1989: 4-179-1 J'-P; 7-13 1984: 1-17-207 Grids O-S; 18-24 STAB PLANE IFS: X: Y: 3. Investigation type: Dredge & Fill )LW Cam NQ 4. MTmstigative procedure: (A) Dates of site visit 1120/92 (B) Was applicant pm mumit Yes 5. Processing procedure: ]?nlr icat'irn received 402/3/92 Office %M 6. Site descrivitirn: (A) Local Land Use Plan Wilmington - New Hanover Land Classification from LUP Conservation Develcpment octistraLints, identified in IUP Provides for the effective long term management of significant limited or implaoeable areas. (B) AEC(s) involved: (C) Water dependent: (D) Intended use: Ocean Hazard Coastal Wetlands Esbsarine Waters Yes X No Estuarine Shoreline Public Trust Waters Other Other Public- Private Clonmeri-ial (E) Type of waste water treatment: Existing MLA Planned WA (F) Type of stnmtutes: Existing Partial revetment at south end; remains of former revetment along shoreline; access steps to the beach. Planned New revetment along shoreline with public access structures at three locations. gazebo aver looks at 4 locations and an asphalt pedestrian walkway ommecting these features. (G) Estimated annual rate of erasion 8'lyear Sa r e DCK - Erosion Mans (1988) 7. Habitat deer ipt on: AREA Dredged Filled Other (A) Vegetated wetlands: (B) Nog:- jugetated wetlands: ocean beach (wet) MM. 81,000 s.f. am, 81,000 s.f. ocean beach (drvaM. 43.000 s.f. ox. 143,00 s.f. himmm" (D) Total Area Disturbed: AM. 96,000 s.f. mppxc. 224,000 s.f. AM. 401,000 s.f. 8. Project smzmy The mlicants mpose to install a rock revetment ong the Ocean shore of the Fort Fisher State Historic site in an attem_ot to control the shoreline rate of N.C. Department of Cultural Resources Page two 9. PROJECT DESCRIPTION The project site consists of the ocean shoreline of the Fort Fisher State Historic Site located in New Hanover County below Kure Beach on the Atlantic Ocean. This area has experienced significant long term erosion over the past. The current rate of erosion as calculated by this Division is approximately 81/year. The applicants indicate that during 1991 from 3' to 6' were lost due to erosion. The southern end of the project site contains a fairly intact stack of rubble creating an unstructured revetment. This feature is partially the result of the repairs of post attempts (1959, 19701s) to stabilize the area with the continuous addition of rock, stone and concrete rubble placed over the past several years. There are remains of the 1970's project located along the shoreline which extends from the main rubble feature northward toward the Coquina rock outcrops located at the northeast corner of the project. This area is adjacent to the private development just outside the site boundary. At the writers request a survey was made on January. 20, 1992 which included the existing bank, the remains of the 1970's rubble and the center-line of the proposed project. This information was superimposed over the 1982 information included in the plat work submitted for the project. The adjacent waters to the Atlantic ocean are classified as SB. The applicants propose to construct a heavy stone revetment along the shoreline of the historic site. This structure will be approximately 3200' long by 70' wide. Of this total length a portion approximately 29001long x 30' wide will be located below the mean high water (mhw) contour. The structure will be constructed by first excavating up to approximately 47,000 cubic yards of sand/shell material to depths ranging from -3.5' mean sea level (msl) to -6.0' MSL under the foot print of the proposed revetment, including the area of proposed toe protection. The material will be stored within highground area located within the historic site. Following the excavation, a layer of bedding material approximately 1' thick consisting of crushed marine limestone with stone ranging from 2" to 7" in diameter will be placed over a fabric layer. Over this bed will be placed an underlayer of marine limestone ranging between 350 and 600 pounds. The cover stone layer (armor stone) will be placed on top of the other two layer. This layer will consist of granite block weighing from betweeO 2.3 to 3.8 tons. In addition to the standard configuration several sections (picnic area and Battle Acre) will have additional toe protection. This toe protection will have concrete 5-ton s a-pods placed on the bedding layer and surrounded by the underlayer [plate 3 section c-c; plate 4 section D-D]. Additional sand backfill material will borrowed as needed from two highground Corps spoil disposal areas and will be trucked to the site and used landward of the proposed structure. N.C. Department of Cultural Resources Page three 9. PROJECT DESCRIPTION - Continued: (pedestrian barrier) and will have walkway in the picnic area and at of access steps will be constructed on the plans as well as 4 overlook be used for public safety. 10. ANTICIPATED IMPACTS an 8' wide 3 inch high asphalt the southern end. Three sets within the revetment as shown areas (gazebos). Fencing will The recent survey indicates that erosion has progressed from approximately 25' to 75' landward of the 1982 bank position. It is not anticipated that this pattern will reverse anytime in the near future. There is a recognized possibility that the proposed revetment will cause accelerated erosion at either end of the structure. There is also some concern for the Coquina rock outcrop at the northern end and the possible damage that might result to this feature. The project was reviewed under the federal consistency provision of the Coastal program in the early 1980's and found to be consistent. However, since that time the standards addressing the avoidance of hardened shorelines was adopted into the regulations T15A:7H.0308(a)(i)(B). Submitted by: C. Pcbert Stroud, Jr. Date: 2/12/1992 Office: Wilmirgtcn Please type or print. Carefully describe all anticipated development activities, including construction, excava- tion, filling, paving, land clearing, and stormwater con- trol. If the requested information is not relevant to your project, write N/A (not applicable). Items 14 and 8-9 must be completed for all projects. 1 APPLICANT a. Namer_r- N-pnrtmPnt of C'rtltural RPanurreS Address 109 East Jones Street City Raleigh State N. C. d Zip 27601 2807 Day phone (919) 733-7305 X Landowner or Authorized agent b. Project name (if any) _ Fort Fisher Erosion Control Revetment c. If the applicant is not the landow_nef ve the owner's name and address{ F'??.;F,? nFr, 30 901 ?e CUNCE GF VIASTAL IVAN'A[;UOE!,`1 .?.: rlFl 2 LOCATION OF?PROPOSED PROJECT a. Street address or secondary road number 1610 Fort Fisher Blvd South to the beach DEC 10 1991 D,Ui(W. If you plan to build a marina, also complete and ES CO attach Form DCM-MP-2., _ b. Is the proposed activity maintenance of an existing project, new work, or both? New work c. Will the project be for community, private, or commercial use? Puhlir/Hia on r i Prot inn Describe the planned use of the project. To protect the remains of Ft. Fisher, a National Historic Landmark and the largest earthen fort of the Confederacy, from furt erosion and destruction by the Atlantic Oc 4 LAND AND WATER *Total land owned CHARACTERISTICS by applicant a. Size of entire tract 26 acres* b. Size of individual lot(s) N/A c. Elevation of tract above mean sea level or National Geodetic Vertical Datum From 10.0' to 15-0' d. Soil type(s) and texture(s) of tract Rand- silt- rlaay mixtur- e. Vegetation on tract Scrub Oak, Yaupon, Sparse Grasses b. City, town, community, or landmark -Kure Beach. N .C.. South c. County d. Is proposed work within city limits or planning jurisdiction? No e. Name of body of water nearest project Atlantic Ocean 3 DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. Describe all development activities you propose (for example, building a home, motel, marina, bulkhead, or pier). Constr ion o a heavy atone rPVPtmPnt along the seafarP of F Fish r, _landscaned to the rear with public overlooks and three (3) access stairs Historic ea rtTien for- f. Man-made features now on tract IIS 421 ?vii torr-ente: parking lot g. What is the CAMA Land Use Plan Classification of the site? (Consult the local land use plan.) X Conservation Transitional Developed Community Rural X- Other Historic Site h. How is the tract zoned by local government? Unzoned i. How are adjacent waters classified? SB j. Has a professional archaeological survey been carried out for the tract? Yes If so, by whom? Dept. of Cultural Resources land archaeologists and Underwater archaeologists: C.O.E Archaeologists 3/91 5 UPLAND DEVELOPMENT Complete this section if the project includes any land development. a. Type and number of buildings, facilities, or structures proposed N/A b. Number of lots or parcels N/A c. Density (Give the number of residential units and the units per acre.) N/A 91 Witt m. Water supply source N/A n. If the project is oceanfront development, describe the steps that will be taken to maintain established public beach accessways or provide new access. Three sets of stews are part of the revetment's design and will provide improved beach access d. Size of area to be graded or disturbed o. If the project is on the oceanfront, what will be the 224,000 sa ft. elevation above mean sea level of the first habitable .n N/A e. If the proposed project will disturb more than one oor. acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land disturbing activity begins. If applicable, has a sedimentation and erosion 6 EXCAVATION AND FILL control plan been submitted to the Division of Land INFORMATION Resources? No. Can be submitted if necessary, f. Give the percentage of the tract within 75 feet of mean high water to be covered by impermeable surfaces, such as pavement, buildings, rooftops. N/A a. Describe below the purpose of proposed excavation or fill activities (excluding bulkheads, which are covered in Section 7). g. List the materials, such as marl, paver stone, asphalt, Access channel or concrete, to be used for paved surfaces. (MLW) or (NWL) Marl (ABC) with 3" Asphalt walk, 8' d Boat basin e at rear o revetment wi h. If applicable, has a stormwater management plan Other (break- been submitted to the Division of Environmental water, pier, Management? No Can be submitted if necessa ry. boat ramp, rock ))Revetment i. Describe proposed sewage disposal and/or waste , water treatment facilities. Fill placed in N/A wetland or below MHW j. Have these facilities received state or local approval? Partial funding by the N.C. General Assembly ($250,000 in 1991) k. Describe existing treatment facilities. N/A 1. Describe location and type of discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down"). N/A Upland fill areas Length Width Depth 3,200' 70' 16.5' 2 , 700 301+ {' <`<> 3,200 10`50 b. Amount of material to be excavated from below, water level in cubic yards -7.000 Cu- Yd.-,- c. Typeofmaterial Sand d. Does the area to be excavated include marshlad, swamps, or other wetlands? No e. High ground excavation, in cubic yards N/A Imi f. Dimensions of spoil disposal area c. Shoreline erosion during preceding 12 months, in N/A feet 3' 'to 6'-1991 g. Location of spoil disposal area N/A d. Type of bulkhead material Stone e. Amount of fill, in cubic yards, to be placed below h. Do you claim title to the disposal area? N/A meanhigh water 35.000 Cubic Yards If not, attach a letter granting permission fro ;thy owner. ; -T ='""+U"I,' ill material Stone/Sand i. Will a disposal area be available for future DEC maintenance? N/A Ifso,where?_ N/A as`??$rr,!4 ?ITIONAL INFORMATION j. Does the disposal area include an marsh f it ?` a"U` any --ti addi?ion d'the completed application form, the follow- swamps, or water areas? N/A ing items rffiAl 5e submitted: k. Will the fill material be placed below mean high water? Yes 1. Amount of fill in cubic yards 35.000 Cu. Yds. m: Type of fill material Stone n. Source of fill material Commercial Quarry o. Will fill material be placed on marsh or other wetlands?No p. Dimensions of the wetland to be filled N/A A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected property. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. An accurate work plat (including plan view and cross sectional drawings) drawn to scale in black ink on an 8 1/2 x 11 white paper. (Refer to Coastal Resources Commission Rule 77.0203 for a detailed description.) q. How will excavated or fill material be kept on site and erosion controlled? Fabric/mesh screen surrounding stockpile areas. T. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? Crane, bulldozer, front-end loaders and trucks. S. Will wetlands be crossed in transporting equipment to project site? If yes, explain steps that will be taken to lessen environmental impacts. 7 SHORELINE STABILIZATION a. Length of bulkhead or riprap 3.200 Linear ft. b. Average distance waterward of mean high water or norm al water level -in - n' + Please note that original drawings are preferred and only high quality copies will be accepted. Blue-line prints or other larger plats are acceptable only if 18 high quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with'the area to the site. Include county road (SR) numbers, landmarks, and the like. A stormwater management plan, if applicable, that may have been developed in consultation with the Division of Environmental Management. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners. These individuals have 30 days in which to submit comments on the proposed project to the Division of Coastal Management and should be advised by the applicant of that opportunity. 3/91 Name The Ri ggi ngc-Cnndnmi ni jima Address Box 157 Kure Beach, N.C. 28449 Name N.C. Division of Parks and Recreation Address P.O. Box 27687 Raleigh N.C. 27611-7687 Name Address A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. NnnP A check for $250 made payable to the Department of Environment , Health, and Natural Resources to cover the costs of processing the application. A signed AEC hazard notice for projects in oceanfront and inlet areas. A statement on the use of public funds. If the project involves the expenditure of public funds, attach a state- ment documenting compliance with the North Carolina Environmental Policy Act (N.C.G.S. 113A-1 to 10). Project was circulated for NEPA review by the State Clearinghouse in October, 1981'. 9 CERTIFICATION AND PERMISSION TO ENTER ON LAND Any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's ap- proved Coastal Management Program and will be con- ducted in a manner consistent with such program. I further certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of project. This is the day of //?? i Ql '4w? . X l7`J Landowner or Authorized agepit ? t U?.C u0 )°91 (;? ?-ICE. OC CC??,`.??t?.? "r r,tv?,G??:,rP?' 111t11SiiYi ?? 3/91 y ., h y ti C) ?b fV tzj 1..?1A1??.1 V V tij x K t:j tai y 0 i i 1 1 N 1 N N t71 ?? 1 RI r ? o 's G 00 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO Regulatory Branch Action ID. 199201226 March 4, 1992 Mr. John Dorney Water Quality Section Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Dear Mr. Dorney: S ,. ?I MAR -- 19112 Enclosed is the application of the North Carolina Department of Cultural Resources for Department of the Army authorization and a State Water Quality Certification to install a rock revetment along the Atlantic ocean beachfront at the Fort Fisher State Historic Site, near Kure Beach, New Hanover County, North Carolina. Your receipt of this letter verifies your acceptance of a valid request for certification in accordance with Section 325.2(b)(ii) of our administrative regulations. We are considering authorizing the proposed activity pursuant to Section 404 of the Clean Water Act, and we have determined that a water quality certification may be required under the provisions of Section 401 of the same law. A Department of the Army permit will not be granted until the certification has been obtained or waived. In accordance with our administrative regulations, 60 days after receipt of a request for certification is a reasonable time for State action. Therefore, if you have not acted on the request by May 4, 1992, the District Engineer will deem that waiver has occurred. Questions or comments may be addressed to Mr. Jeffrey Richter, Wilmington Field Office, Regulatory Branch, telephone (919) 251-4636. Sincerely, e Wrig 0 M,hief Regulatory Branch Enclosure -2- Copies Furnished (without enclosure): Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. James Herstine Wilmington Regional Office North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405-3845 Pleasc type of print. Carefully describe all anticipated development activities, including construction, excava- tion, filling, paving, land clearing, and stonnwater con- trol. If the requested information is not relevant ro'e t w At N/A 1' to the beach DEC I g 1991 ..ES CWI If you plan to build a marina, also complete and p 1 c , n e (not app icable). Items 1? 2 attach Form DCM-MP-2.. must be completed for all projects. 2 6 0 b. Is the proposed activity maintenance of an S t;o* cisting project, new work, or both? 1 APPLICANT GV New work C. a. NamelLr_ 1)Pnartmpnr of Oiltiiral RPSrnirre8 Address 109 East Jones Street City_ Raleigh State N. C. Zip 27601-2807 Day phone . (919) 733-7305 X Landowner or Authorized agent b. Project name (if any) Fort Fisher Erosion Control Revetment c. If the applicant is not the landownea ive the owner's name and address L* 45 D 8b 991 Grr;CC fjr trXEASTAL WANAGF 4EN1 wu 2 LOCATION OF PROPOSED PROJECT a. Street address or secondary road number _1610 Fort Fisher Blvd South b. City, town, community, or landmark Kure Beach. NC.- South r c. County _ New Hanover d. Is proposed work within city limits or planning jurisdiction? No e. Name of body of water nearest project Atlantic Ocean 3 DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT Will the project be for community, private, or commercial use? Piih1 i t /His on rSite Protection d. Describe the planned use of the project. To protect the remains of Ft. Fisher. a National Historic Landmark and the largest earthen fort of the Confederacv, from furtl erosion and destruction by the Atlantic Oci 4 LAND AND WATER *Total land owned CHARACTERISTICS by applicant Size of entire tract 26 acres* b. Size of individual lot(s) N/A c. Elevation of tract above mean sea level or National Geodetic Vertical Datum From 10.0r to 15-0' d. Soil type(s) and texture(s) of tract Sand' silt. rlay mixture e. Vegetation on tract __ Scrub Oak, Yaupon, Sparse Grasses Historic east ien fo: f. Man-made features now on tract 11S 421 ,visitor r-enti parking lot g. What is the CAMA Land Use Plan Classification of the site? (Consult the local land use plan.) X Conservation Transitional Developed Community Rural X Other Historic Si h. How is the tract zoned by local govemment? Unzoned a. Describe all development activities you propose (for j e> ample, building a home, motel, marina, bulkhead, or pier). Construction of a heavy stone _revptmant along the GPafarP o Ft. Fisher, landscapes to the rear, with public overlooks and three (3) access stairs How are adjacent waters classified? SB Has a professional archaeological survey been carried out for the tract? Yes If so, by whom? Dept. of Cultural Resources land _archaeologists and Underwater archaeologists; C.O.E. Archaeologists 3/91 5 UPLAND DEVELOPMENT 91 Complete this section if the project includes any land OFF' k - . ! f . °.3?f??,f rR? aZ 116,11:11"1 i Jill V..,.. i.'.:.?t.f?a f1rj?ll: --development. a. Type and number of buildings, facilities, or m. Water supply source structures proposed N/A n. If the project is oceanfront development, describe the steps that will be taken to maintain established b. Number of lots or parcels N/A public beach accessways or provide new access. c. Density (Give the number of residential units and the Three sets of steps are part of r_hP revetment's design and will provide units per acre.) N/A improved beach access d. Size of area to be graded or disturbed o. If the project is on the oceanfront, what will be the 224,000 sa ft. elevation above mean sea level of the first habitable e. If the proposed project will disturb more than one floor? N/A acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land disturbing activity begins. 6 EXCAVATION AND FILL If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land INFORMATION Resources? No Can be submitted if necess ary a. Describe below the purpose of proposed excavation f. Give the percentage of the tract within 75 feet of or fill activities (excluding bulkheads, which am mean high water to be covered by impermeable covered in Section 7). surfaces, such as pavement, buildings, rooftops. N/A Length Width Depth g. List the materials, such as marl, paver stone, asphalt, Access channel to be used for paved surfaces. or concrete (MLW) or (NWL) , Marl (ABC) with 3" Asphalt walk. Boat basin 8' wide at rear of revetment h. If applicable, has a stormwater management plan Other (break- been submitted to the Division of Environmental water, pier, Management? No an be suhmittPd if nPwsm ry, boat ramp, rock j=)Revetmant i. Describe proposed sewage disposal and/or waste water treatment facilities. Fill placed in N/A wetland or below MHW j. Have these facilities received state or local approval? Partial funding by the N.C. General Assembly ($250,000 in 1991) k. Describe existing treatment facilities. N/A 1. Describe location and type of discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down"). N/A Upland fill areas 3,200' 70' 16.5' 2,700 30'+ 3,200 10'-50' b. Amount of material to be excavated from below water level in cubic yards 47 . 000 Cu- Yd,-,. c. Type of material Sand d. Does the area to be excavated include marshland, swamps, or other wetlands? No e. High ground excavation, in cubic yards N/A VAt f. Dimensions of spoil disposal area c. Shoreline erosion during preceding 12 months, in ---L!A - feet- 3' : to 61, 1991 ' ' g. Location of spoil disposal area N/A d. Type of bulkhead material Stone e. Amount of fill, in cubic yards, to be placed below h. Do you claim title to the disposal area? N/A mean high water-- 35.000 Cubic Yards. If not, attach a letter granting permission fro th?_' owner.- material Stone/Sand 111 3 1., "? -? i. Will a disposal area be available for future{ a ' DEC 6V maintenance? __N/A - Ifso,where? N/A .. ?nr?RASTRA?. ITIONAL INFORMATION Does the disposal area include an marsh{ any '"" }dd4io the completed application form, the follow- swamps, or water areas? I . P N/A Trig iterr3s mtlflTe submitted: k. Will the fill material be placed below mean high water? Yes 1. Amount of fill in cubic yards 35 , 000 Cu. Yds. M., Type of fill material Stone n. Source of fill material Commercial Quarry o. Will fill material be placed on marsh or other wetlands? No p. Dimensions of the wetland to be filled N/A A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected property. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which themowner claims title, plus written permission from the owner to carry out the project. An accurate work plat (including plan view and cross sectional drawings) drawn to scale in black ink on an 8 1/2 x 11 white paper. (Refer to Coastal Resources Commission Rule 71.0203 for a detailed description.) q. How will excavated or fill material be kept on site and erosion controlled? Fabric/mesh screen surrounding stockpile areas- , r. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? Crane, bulldozer, front-end loaders and trucks. s. Will wetlands be crossed in transporting equipment to project site? -B-Q_ If yes, explain steps that will be taken to lessen environmental impacts. 7 SHORELINE STABILIZATION a. Length of bulkhead or riprap 3 , 200 Linear ft. b. Average distance waterward of mean high water or normal waterlevel 3n _ n'+ Please note that original drawings are preferred and only high quality copies will be accepted. Blue-line prints or other larger plats are acceptable only if 18 high quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the site. Include county road (SR) numbers, landmarks, and the like. A stormwater management plan, if applicable, that may have been developed in consultation with the Division of Environmental Management. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners. These individuals have 30 days in which to submit comments on the proposed project to the Division of Coastal Management and should be advised by the applicant of that opportunity. 3/91 Name ThP Ri ggi noc-Cnndnmi ni -- Address Box 157 Kure Beach N.C. 28449 9 CERTIFICATION AND PERMISSION TO ENTER ON LAND Name N.C. Division of Parks and Recreation AnYpermit issued in response to this application will Address P.O. Box 27687 allow only the development described in the application. Ralel eh . N.C. 27611-7687 The project will be subject to conditions and restrictions contained in the permit. Name Address A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. NanP A check for $250 made payable to the Department of Environment, Health, and Natural Resources to cover the costs of processing the application. A signed AEC hazard notice for projects in oceanfront and inlet areas. A statement on the use of public funds. If the project involves the expenditure of public funds, attach a state- ment documenting compliance with the North Carolina Environmental Policy Act (N.C.G.S. 113A-1 to 10). Project was circulated for NEPA review by the State Clearinghouse in October, 1981. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's ap- proved Coastal Management Program and will be con- ducted in a manner consistent with such program. I further certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of project. This is the ICK day of , I9q A X i 4-tM Landowner or Authorized a e t OTC 30 1991 3/91 a a? y y ti Q ' v 1 CA C:1 n i - N Z C 'f IN tIJ Z x^? -n r N Z ?.' p Cj1 a o= o a `' . l ` H mod. S tai y ENT OF QPP?M ??tiF o?" ym United States Department of the Interior ?ggCH 9 ,9A U FISH AND WILDLIFE SERVICE „? Raleigh Field Office ? ¦ Post Office Box 33726 Raleigh, North Carolina 27636-3726 April 3, 1992 Colonel Walter S. Tulloch District Engineer U.S. Army Corps of Engineers P.O. Box 1890 Wilmington, North Carolina 28402-1890 Attention: Regulatory Branch Dear Colonel Tulloch: This is the report of the U.S. Fish and Wildlife Service (Service) on Public Notice 199201226, dated February, 26, 1992. The North Carolina Department of Cultural Resources has applied for a Department of the Army permit to place fill material in wetlands to expand a shoreline revetment at Fort Fisher Historic Site, on the Atlantic Ocean, south of Kure Beach, New Hanover County, North Carolina. This report is submitted in accordance with the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661- 667d), and Section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543). It is to be used in your determination of compliance with 404(b) (1) guidelines (40 CFR 230) and in your public interest review (33 CFR 320.4) as they relate to protection of fish and wildlife resources. According to information provided in the Public Notice, approximately 47,000 cubic yards of sand and shell would be excavated to depths ranging from -3.5 to -6.0 feet mean sea level (MSL) over an area 3,200 feet long by 50 to 70 feet wide. This excavated material would be stockpiled in upland areas for later use in filling behind the proposed revetment. Approximately 35,000 cubic yards of hauled-in stone would be deposited below mean high water, along with an unspecified volume to be deposited upon this base, to construct a stone revetment 3,200 feet long with a 70-foot wide base, 16-foot wide crest, and a crest elevation of 10 to 13 feet MSL. The proposed revetment would incorporate the remains of an existing stone and rip-rap revetment that extends approximately 1,000 feet along the shore. The northern end of the proposed revetment would tie into existing, natural coquina rock outcrops and curve inland for 200 linear feet. The southern end of the proposed revetment would angle inland over about 400 feet of its length. ¦ A Service biologist inspected the project site on March 24, 1992. In front of the existing rip-rap there is no intertidal area Uplands behind the existing revetment rise 10 to 15 feet i elevation immediatly above the surf zone. North of the existin rip-rap, for approximately 1,400 feet, an intertidal beach up to 40 to 50 feet wide fronts the maritime forest and maintained grounds of the Fort Fisher site. An erosion scarp 3 to 5 feet high separates this beach from uplands. The northern end of the proposed revetment would pass through a maritime scrub/shrub thicket dominated by yaupon. The southern tie-in of the proposed revetment would pass through another maritime scrub/shrub area dominated by waxmyrtle, salt-cedar, eastern baccharis, yaupon, live oak, and eastern redcedar. Associated vegetation in this area includes greenbrier, broomsedge, yucca, penney-wort, saltmeadow cordgrass, big cordgrass, and saltmarsh cordgrass. At the time the service visited the site, several species of gull were resting on the beach and foraging in the surf. Service policy regarding mitigation of damage to habitats considers both the value of those habitats to fish and wildlife and their relative scarcity. The sandy, unconsolidated, intertidal, marine shoreline, and maritime forest and scrub/shrub that would be affected by the proposed project have high fish and wildlife resource value and are considered to be relatively scarce on a national and regional basis. Sandy shorelines in and adjacent to the project area provide resting and foraging habitat for migratory and resident gulls, terns, plovers, sandpipers, osprey, and other seabirds. Maritime habitats in the area provide nesting, roosting, and foraging habitat for migratory and resident songbirds, wading birds, and hawks and owls. Other resident wildlife expected in the area includes raccoons, gray fox, opossum, and eastern cottontail. Unvegetated intertidal wetlands in the project area provide habitat for numerous species of surface and subsurface invertebrates that support foraging birds and marine species, and contribute to the production of recreationally and commercially important fisheries and shellfisheries. Project area beaches are an integral part of the longshore sand transport that naturally maintains coastal beaches. Beaches to the south of the project area provide known nesting sites for endangered and threatened sea turtles, as well as for numerous seabirds. Construction of the proposed revetment would eliminate approximately 5 acres of beach and 2.2 acres of maritime habitats. Secondary impacts can be expected from the increased interruption of longshore sediment transport, and the likelihood of increased beach erosion immediatly adjacent and downdrift of the proposed project. Offshore shallows would likely be altered as wave patterns are disrupted by the revetment. The distinctive coquina outcrops would become indistinguishable from the revetment and lose their natural character. Service policy opposes bulkheads and other shoreline hardening structures on sand beaches. Such structures disrupt longshore drift, natural deposition of beach sand, and the exchange of beach . A, y sand with dunes and back barrier areas that are a part of the dynamic, coastal, geologic processes of landward-migrating ocean barriers. That policy is consistent with the Environmental Protection Agency's 404(b) (1) Guidelines which were developed pursuant to Section 404 of the Clean Water Act. Those Guidelines discourage discharges of fill material that individually or cumulatively have an adverse impact on water currents, substrate elevations, or other hydrologic features that would, in turn, adversely affect aquatic environments. The maritime scrub/shrub areas that would be eliminated by the proposed revetment serve to buffer the effects of salt spray and protect a diverse community of salt-intolerant vegetation. Such vegetated habitats are vital for stabilizing dunes and providing high-quality wildlife habitat. Impacts on maritime, and all other habitats, that would result from the proposed revetment have not been fully evaluated, and a mitigation plan that would compensate for these impacts was not included with the Public Notice. The Service has identified no Federally-listed endangered or threatened species, nor critical habitats that would be directly affected by the proposed project. However, alterations in longshore sediment transport that may result from the proposed revetment would potentially reduce beach nesting area for loggerhead sea turtles. Based on the information given above, the Service cannot concur with a finding of "no effect" for this project under Section 7 of the Endangered Species Act. Based on the above concerns, the Service recommends that a Department of the Army permit not be issued for the proposed revetment. If further consideration is given to this project proposal, the Service recommends that an Environmental Impact Statement be prepared. That document should address the issues described above. The Service appreciates the opportunity to comment on this project. Please advise us of any action taken by the Wilmington District, Corps of Engineers. You may contact David Dell, Permit Coordinator, of this office if you have any question regarding our recommendations. Sincerely, L.K. Mike Gantt Supervisor