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
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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
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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