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HomeMy WebLinkAbout20020158 Ver 2_CAMA Application_20190621DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Town of Sunset Beach c/o Moffat & Nichol 2. LOCATION OF PROJECT SITE: East end Canals, Feeder Channel and Bay Area of Sunset Beach, Jinks Creek and the oceanfront beach between 5'h stand 121h street, Brunswick County. Photo Index— Finger Canals 2006: 1-6152:15-19, L -N Feeder Channel 2006: 1-6152:9-19, L Bay Area — 2006, 1-6152:8-15, N S. Jinks Creek —2006: 1-6152:5-8, J -N Midpoint of Beneficial Placement Area: Latitude: 33.52'11.82"N Longitude: 78.30'04.11"N 3. INVESTIGATION TYPE: CAMA/ D & F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit- 10/23/18, 5/9/19 Applicant Present—Yes 5. PROCESSING PROCEDURE: Application Received — March 22, 2019 Complete -lune 17, 2019 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan—Town of Sunset Beach Land Classification From LUP — Island Residential and Oceanfront Conservation (B) AEC(s) Involved: PT, EW, ES, OH (C) Water Dependent: Yes (D) Intended Use: Navigation (E) Wastewater Treatment: Existing — N/A Planned - N/A (F) Type of Structures: Existing — Private piers and docks Planned — NONE (G) Estimated Annual Rate of Erosion: 2 ft. per year (Oceanfront Only) Source - DCM-2013 Erosion Rate Maps HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Non -Vegetated Wetlands (Open water) —18 acres (B) Oceanfront Beach —8.5 acres (C)) High Ground —2 Acres ** Note: Estimated dredge volumes are listed on the MP -2 Form as channel width varies in each location. (D) Total Area Disturbed:— 28.5 Acres (E) Primary Nursery Area: No (F) Water Classification: SA; HOW (Bay Area and S. Jinks Creek) Open: Yes (Bay Area and S. Jinks Creek only) PROJECT SUMMARY: The applicant is proposing to perform navigational dredging of Canals A -D, the Feeder Channel, Bay Area and an area of South links Creek on the east end of Sunset Beach with beneficial placement on 1,600 linear ft. of oceanfront beach. Town of Sunset Beach, Jinks Creek c/o Moffat & Nichol Page 2 9. PROJECT DESCRIPTION: The project site is located within and adjacent to the eastern side of Sunset Beach in Brunswick County. The Finger Canal portion of the dredging is located adjacent to Marlin, Sailfish, Dolphin and Cobia Streets. The Feeder Canal runs between Riverside Drive and N. Shore Drive. The Bay Area is south of the Feeder Canal and runs along Canal Drive. Both the Feeder Canal and Bay Areas extend to South Jinks Creek. The beneficial placement area is on the oceanfront beach between 5th and 12th streets. To find the project site from US -17 S Shallotte, turn left onto Seaside Rd SW/NC-904 and travel approximately 3.6 miles. Turn right onto Sunset Blvd N/NC-179 Bus. Go right at the roundabout and continue onto the island. Turn left on East Main Street and turn left on 6th street to access the Bay Area adjacent to Canal drive (first right) or the Finger Canals off of Canal Drive. The Feeder Channel can be accessed at the end of 6th street by turning right on Riverside Drive. The project area is on the eastern end of Sunset Beach between the island and Tubbs Inlet. The project is comprised of 4 man-made canals that connect to a Feeder Channel and a Bay Area to the south. Both the Feeder Channel and the Bay Area connect to South Jinks Creek. The shoreline of the Finger Canals is stabilized primarily by bulkheads, with some sections of riprap. The man-made canals border narrow residential lots heavily developed with single family residences and private docking facilities. The width of the canals is approximately 90 ft. and there are areas of oysters and coastal wetlands, mostly consisting of Salt Marsh Cordgrass (Spartina olterniflora), established along the 3,200 linear ft. project area. The 3,500 linear ft. Feeder Channel project area is stabilized by bulkheads with undeveloped lots to the north. The channel averages 90 ft. in width with Coastal Wetlands, mostly consisting of Salt Marsh Cordgrass (Spartina alterniflora), present on each shoreline east of the finger canals. To the south, the Bay Area is stabilized primarily by bulkheads, with some rip rap and sparse vegetation including Sea Oxeye and Salt Marsh Cordgrass. The Bay Area project extends 2,200linearft. to the east with widths ranging from 130 ft. in with to 470 ft nearest the confluence with Jinks Creek. Both the Feeder Channel and the Bay Area connect to the 1,700 linear ft. South Jinks Creek project to the east, which transitions into the Atlantic Ocean through Tubbs Inlet to the south and to the AIW W to the north. A previous maintenance event of the Finger Canals and Feeder Channel was conducted under State Permit No. 45-02, which expired on December 31, 2005. The dredging event authorized the removal of 38,164 cubic yards with excavation to a depth of— 5.2 ft. at MLW, this was the first maintenance event for the feeder system since State Permit No. 211-85. There are no permits on file for the dredging of either the Bay Area or South Jinks Creek, but the application states that they both were previously dredged (pre-CAMA) in the early 70's. According to the applicant, significant accretion has occurred in the Finger Canal and Feeder Channel systems restricting navigation since the previous maintenance event. The "box -cut" dredge channel previously authorized within the Finger Canals and Feeder Channel measured approximately 30ft. in width, this would be reduced to 20 ft. in width in the Finger Canals. The application states that the Finger Canals currently have an average water depth of -2 ft. at MLW, the Feeder Channel averages - 3 ft. at MLW, the Bay Area averages -2 ft. to -3 ft. at MLW and South Jinks Creek is approximately -1.5 ft. at MLW. Please note MLW data was converted by the applicant from NAVD88 using the Oak Island Pier tide station. The application includes a Sediment Analysis (Tab G), a Jinks Creek Shellfish Survey (Tab L), EFH and Biological Assessments (Tabs M and N) and Manatee Avoidance Guidelines (Tab O). The applicant has also included comments issued per Section 106 of the National Historical Preservation Act of 1966 (P.L. 89-665) (See Tab Ct). Town of Sunset Beach, Jinks Creek c/o Moffat & Nichol Page 3 The Town of Sunset Beach Land Use Plan classifies the surrounding area of the Canals, Feeder Channel and Bay Area as Island Residential and Oceanfront Conservation. The waters in the Bay Area and South Jinks Creek are classified SA; HQW by the Division of Water Resources. They ARE NOT designated as a Primary Nursery Area by (PNA) the N.C. Division of Marine Fisheries and the Finger Canals and Feeder Channel portions of the project are CLOSED to the harvest of shellfish. The Bay Area and South Jinks Creek are OPEN to the harvest of shellfish. There are no known archaeological resources within the project vicinity. 10. PROPOSED PROJECT: The applicant is proposing to perform navigational dredging of Canals A -D, the Feeder Channel, Bay Area and an area of South Jinks Creek on the east end of Sunset Beach with beneficial placement on 1,600 linear ft. of oceanfront beach. The project Narrative states that the proposed dredging project would connect the Feeder Channel off the Finger Canals with the Bay Area via South Jinks Creek creating navigation corridors. According to the application, the dredge channel templates for the Finger Canals A -D and Feeder Channel would be altered from the previous footprint to extend the navigational area approximately 50 ft. within the Finger Canals and to follow deep water in the Feeder Channel (see Narrative). The proposed channel base width has been reduced to 20 ft. from the previously permitted project due to clearance between docks and the existence of Coastal Wetlands. The maintenance dredging as proposed would aim to achieve average bottom depths ranging from approximately -5 ft. (-4 + 1 ft. over dredge) at MLW in the Finger Canals to -6 ft. (-5 ft. + 1 ft. over dredge) at MLW in Feeder Channel with side slopes of 3:1. The targeted cut depth in each area allow for a -1' over -dredge buffer (See Narrative and Sheet 3, 9-12, 22-23 of 25). The application indicates that the removal of approximately 10,700 cubic yards of material from the Finger Canals, in an area measuring 3200 ft. in length and 20 ft. in width, and 22,000 cubic yards of material from the Feeder Channel, in an area measuring 3,500 ft. in length and 30-40 ft. in width, would be performed by means of bucket to barge. The Bay Area south of the Feeder Channel is proposed to be dredged to a final depth of -6 ft. (- 5 ft. + 1 ft. over dredge) at MLW in an area measuring 2,200 ft. in length by a varying width of 20 ft. to 80 ft. The proposed dredge footprint widens to a maximum of 80 ft. at the confluence with South Jinks Creek for an estimated volume of 15,900 cubic yards of material with a 3:1 side slope (see Narrative and Sheet 3, Sheets 13-14 and 23 of 25). The proposal states that the Finger Canals, Feeder Channel and Bay Area would be dredged via bucket to barge with the environmental window of November 16`h to April 30th. The project narrative states that the proposed dredge spoil from these areas is not beach compatible and will be disposed via offload site at the end of Cobia street to an upland permitted landfill site currently owned by Ike Williamson, who has signed a letter of consent for use (see Tab 1). The site is located adjacent to State Rd. 1163 (Old Gerogetown R.) and State Rd. 1154 (Hale Swamp Road). The dredging of the South Jinks Creek area is proposed to be dredged to a final depth of -6 ft. (- 5 Ft. + 1 ft. over dredge) at MLW in an area measuring approximately 1,750 ft. in length by 100 ft. in width for a total volume of 40,500 cubic yards of material. The proposed template has a 5:1 slope throughout the dredge footprint (see Sheets 3, 12, 14-15 and 23 of 25). This material has been analyzed and the application states that it is compatible with NC standards for Beach Compatibility (see Narrative and Tab G). The material is proposed to be hydraulically dredged and placed via pipeline as beneficial re -use on a 1,600 linear ft. area of oceanfront beach between 5th Street and 12th Street extending up to 120 ft. below NHW. The proposed placement template would enhance the existing berm width of 275 ft. with a maximum height of +9.0 MLW (6.1 NAVD) (see Sheet 24 of 25). The proposed beneficial placement footprint and pipeline Town of Sunset Beach, Jinks Creek c/o Moffat & Nichol Page 4 placement are described in the permit drawings section of the application. (see Sheets 15 -21 of 25). The application indicates that the proposed pipeline would be anchored to the bottom waterward of MLW at the confluence of the Feeder Channel, Bay Area and South Jinks Creek. To avoid potential navigation concerns, the pipeline as proposed would cross the AIWW perpendicularly, limiting the amount of pipeline length within the existing navigation channel. The spoil material would then be transported via pipeline along the shoreline of the east end of Sunset Beach as close to the dune line as possible without impacting existing vegetation. The pipeline would have standard markings and emergency access areas for disposal seaward of the existing dunes. The application states that temporary in-situ sand dikes or berms would be used during beach placement to facilitate settlement and retention of sand on the beach which would allow the sandy material to settle out before the water re-enters the ocean. Conservation measures submitted by the applicant include an environmental window of November 16 -April 30 for implementation of dredging activities and beach placement. The application also states that there would be a minimum 10 ft. buffer from any Coastal Wetland Areas (see Tab S). The existing pierhead line can be found in Tab K of the application. There is also a discussion about a potential Variance request to rule NCAC 07H .0208 (b)(F) due to shallow connecting water depths, which range from 0 ft. to 2 ft. at MHW on the northern proposed Jinks creek project area to — 0 ft. to — 5ft. at MHW in the southern proposed Jinks Creek project area (see Narrative and sheets 4-8, 12 and 15 of 25 ). 11. ANTICIPATED IMPACTS: The proposed excavation of approximately 89,100 cubic yards of material would disturb up to 18 acres of shallow bottom habitat within the project area. The final project depth would range from -5 ft. at MLW in the Finger Canals to -6 ft. at MLW in the Feeder Channel, Bay Area and S. Jinks Creek, and would not connect to deeper water within Jinks Creek and Tubbs Inlet. The application states that the Town intends to request a Variance for the proposed maintenance dredging without a connection to deeper waters as required by rule 15A NCAC 7H .0208 (b)(F). The proposed excavation of South Jinks Creek by hydraulic means would create steeper side slopes of 5:1 and subsequent sloughing, thereby increasing the top width dimensions of the proposed project. Short term increases in turbidity can be expected during the dredging activity. There are Coastal Wetlands and oysters present in the project area that appear to have become established within the proposed dredge channel in some locations. The applicant has located these waterward marsh extents and proposed to maintain a 10' buffer from the edge of all Coastal Wetlands (see Narrative and Tab S). According to the submitted Shellfish Survey Report, the proposed project will not likely be able to avoid potential impacts to clams present in South Jinks Creek, however the applicant states that the existing oyster beds appear to be located outside of the dredge channels (see Tab L). An Essential Fish Habitat (EFH) Assessment was also submitted with the application, which in summary predicted only short-term impacts to EFH from increases in turbidity, siltation, and noise during construction (see Tab M). The applicant has proposed limiting dredging activities to November 16 through April 30 of any given year, in an effort to alleviate concerns regarding impacts to EFH and adjacent PNA. A draft Biological Assessment has also been submitted with this application (Tab N). The beneficial placement portion of the project would disturb a maximum of approximately 4,400 sq. ft. of oceanfront beach impacting areas below and above Mean High Water as a result of the nourishment activities. Placement of sand on the beach would result in temporary mortality for intertidal micro fauna Town of Sunset Beach, Jinks Creek c/o Moffat & Nichol Page 5 such as crabs and worms. Placement of material below the MHW boundary would result in temporary turbidity within the nearshore waters of the Atlantic Ocean; potentially affecting fish and aquatic life in the project area at the time. Limiting the work to the winter season should reduce potential adverse impacts to fish communities. There may be some impact to sea turtle nesting as a result of this project. Beach compaction should be monitored and tilling should be required to reduce the likelihood of impacting sea turtle nesting and hatching activities. Erosion escarpments forming after the project completion should also be leveled to reduce turtle nesting impacts. Public use of the beach during the beach fill process would be limited to some degree. Submitted by: Tara MacPherson Date: June 19, 2019 Office: Wilmington NORTH CAROLINA Environmental Q. -Iii), June 21, 2019 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice in Brunswick County • Town of Sunset Beach ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director, Division ofCoastaiManagement Hello Angie: Please publish the attached Notice in the Wednesday, June 26, 2019 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Debbie Wilson at the NC Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7266. Paying by credit card to the attention of Jarimy Springer. Please email a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. Tanya cc: MHC file Courtney Spears - WiRO Tyler Crumbley - USACE & Customer Assistance State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 9197967215 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A - 119(b) that the following application was submitted for a development permit in an Area of Environmental Concern as designated under the CAMA: On June 17, 2019 Town of Sunset Beach proposed to perform dredging at CanalsA-D, Feeder Channel, BayArea & South ofJinks Creek within Town Finger Canals, Bay Area, Feeder Channel and S. Jinks Creek adjacent to the AIWW, in Sunset Beach, Brunswick County. A copy of the application can be examined or copied at the office of Tara MacPherson, N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910-796-7425) during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to July 17, 2019 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. ROY COOPER NORTH CAROLINA Governor Environmental Quality MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director June 19. 2019 Town of Sunset Beach c/o Robert Neal, Moffat & Nichol 272 N. Front Street, Suite 204 Wilmington, NC 28401 Dear Mr. Neal: The Division of Coastal Management hereby acknowledges receipt of your CAMA Major Permit application, acting as agent for The Town of Sunset Beach, for State approval for development located within the Town Finger Canals, Bay Area, Feeder Channel and South Ank's Creek, which are contiguous with the AIWW in Sunset Beach, Brunswick County. The application was received as complete on June 17, 2019 and appears to be adequate for processing at this time. The projected deadline for making a decision is August 31, 2019. An additional 75 -day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from June 17, 2019, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A -119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property, or at a point alongthe road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincer y, ora MacPherson Field Representative Enclosures cc: Courtney Spears, DCM Tyler Crumbley, ACOE Chad Coburn, DWR Maria Dunn, NC WRC Curt Weychert, DMF Town of Sunset Beach, Applicant WiRo Files SDE � North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405 910.796.7215 AI e �_ n 3 y=j O D •�* Z o' 0 K O` a m _ z Z 0 N Cn ® A D13 co n 1 o Co m m 1 N � V m r 0 10 -I m m m _0%b1 m� w V r- OO0 � \ D m -tz m M M V `iJ N 0 On N _ _n O mD 33 W r ;< o NORTH CAROLINA Environmental Quality June 21, 2019 MEMORANDUM: ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director, Division of Coastal Management FROM: Courtney Spears, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Fax: 910-395-3964 (Courier 04-16-33) courtney.spears(a-)ncdenr.goy SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Town of Sunset Beach Project Location: East end Canals, Feeder Channel, Bay Area of Sunset Beach, Jinks Creek and the oceanfront beach between 5th and 12th street, Adj to AIWW in Brunswick County Proposed Project: Perform navigational dredging through residential systems Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Spears at the address above by July 17, 2019. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. PRINT NAME AGENCY SIGNATURE DATE This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215