19960502 Ver 1_COMPLETE FILE_19960523

State of North Carolina
Department of Environrlnent,
Health and Natural Resources LTR?FA
•
Division of Water Quality A4 a
James B. Hunt, Jr., Governor AdObOdMbMdft
Jonathan B. Howes, Secretary C) E H N 1=?L
A. Preston Howard, Jr., P.E., Director
The U.S. Dept. of the Interior
National Park Service
Cape Hatteras National Seashore
Route 1, Box 675
Manteo, NC 27954-2708
Dear Sir,
July 3, 1996
Re: Certification Pursuant to Section 401 of the Federal Clean Water Act,
Proposed sheetpile groin
Project #960502, COE #199601653
Dare County
Attached hereto is a copy of Certification No. 3069 issued to National Park Service dated 24
June 1996.
If we can be of further assistance, do not hesitate to contact us.
Attachments
960502.wgc
Sincerely,
eston ward, r. E.
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DEM Regional Office
Mr. John Dorney
Mr. John Parker, Division of Coastal Management
Central Files
Division of Water Quality • Environmental Sciences Branch
Enviro. Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 500/6 recycled/10% post consumer paper
NORTH CAROLINA 401 WATER QUALITY 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
Water Quality Regulations in 15 NCAC 2H, Section .0500 to National Park Service in Dare
County pursuant to an application filed on the 16th day of May of 1996 to construct an 800 foot
long sheetpile groin at Cape Hatteras Lighthouse.
The application provides adequate assurance that the discharge of fill material into the waters
of Atlantic Ocean in conjunction with the proposed development 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 the applicable portions of 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.
This approval is only valid for the purpose and design that you submitted in your application
or as described in the Public Notice. If you change your project, you must notify us-and you may
be required to submit a revised application. For this approval to be valid, you must follow the
conditions listed below. In addition, you should get any other federal, state or local permits
before you go ahead with your project.
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 (50
NTUs in streams and rivers not designated as trout waters by DWQ; 25 NTUs in
all saltwater classes, and all lakes and reservoirs; 10 NTUs in trout waters).
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 404 and/or coastal Area Management Act Permit. This Certification shall expire upon
expiration of the 404 or CAMA permit.
If this Certification is unacceptable to you have the right to an adjudicatory hearing upon
written request within sixty (60) days following receipt of this Certification. This request must be
in the form of a written petition conforming to Chapter 150B of the North Carolina General
Statutes and filed with the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C.
27611-7447. If modifications are made to an original Certification, you have the right to an
adjudicatory hearing on the modifications upon written request within sixty (60) days following
receipt of the Certification. Unless such demands are made, this Certification shall be final and
binding.
This the 24th day of June, 1996
D N OF WATER QUALITY
ston H ,J r.P.E.
WQC #3069
04
MEMORANDUM
Division of Environmental Management
Water Quality Section
Washington Regional Office
June 7, 1996
To: John Dorney
Through: Jim Mulligan-Y=
Through: Roger Thorpe J
From: Deborah Sawyer CQ.B
LT, "A
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AdM1ftNdftWdJft -- - ??
EDO IF= F=1
Subject: Section 401 Water Quality Certification Review
Project # 0000502
Cape Hatteras National Seashore Park
Dare County
The above subject project has been reviewed by this office. It has been determined that the
Section 401 Water Quality Certification should be issued with the following comments:
The proposed 800 ft structure; 500 ft seaward and 300 ft landward of the shoreline; may) OQ
increase erosion on adjacent shoreline. Has the National Park Service proposed a plan to
prevent this if it should occur?
Is this a temporary measure for immediate protection of the Cape Hatteras Lighthouse?
A NEPA document was reviewed in past years which proposed more longterm protective
measures? What was the final decision of the National Park Service concerning the
Environmental Assessment?
If you have any questions or comments, please call this office at [phone]. Thank you.
cc: Jimmy Overton
Melba McGee
?9
G ?
1b,

MEMORANDUM PRINT NAMES:
Reviewer•_
TO: JOHN DORNEY WQ SUPV.:
ENVIRONMENTAL SCIENCES BRANCH DATE:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
**'*EACH ITEM MUST BE ANSWERED (USE. N/A FOR NOT APPLICABLE) ***
PERMIT YR: 96 PERMIT NO: 0000502 COUNTY: DARE
APPLICANT NAME: CAPE HATTERAS NAT'L SEASHORE
PROJECT TYPE: GROIN PERMIT TYPE: IND
CoE #: 199601653 150T #:
RCD FROM_CDA: COE E_FRM_CDA: 05/21/96
REG_OFFICE : WARO ?C 4 s-,>, /- /T `q -
RIVER AND SUB BASIN J: 030100
STREAM CLASS: SB
WI, IMPACT? : Y/N
WL_REQUESTED:
WL SCORE M :
MITIGATION?: Y/N
,
STR INDEX N0: 99-(7)
WL TYPE:
WL ACR EST?: Y/N
WATER IMPACTED BY FILL?: Y/N
MITIGATION TYPE:
MITIGATION-SIZE: DID YOU REQUEST MORE INFO?: Y/N
IS WETLAND RATING SHEET ATTACHED?: Y6)
HAVE PROJECT CHANGES/CONDITIONS BEEN DISCUSSED WITH APPLICANT?: Y??
RECOMMENDATION (Circle One): I_ U SSUE/COND DENY
COMMENTS : ???-r-y? ?iyy` (J
cc: Regional Office
Central Files

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quality, energy needs, safety, food and fiber production, mineral needs,
considerations of property ownership, and, in general, the needs and welfare
of the people. For activities involving the placement of dredged or fill
materials in waters of the United States, a permit will be denied if the
discharge that would be authorized by such permit would not comply with
the Environmental Protection Agencies' 404(b)(1) guidelines. Subject to
the preceding sentence and any other applicable guidelines or criteria,
a permit will be granted unless the District Engineer determines that it
would be contrary to the public interest.
The Corps of Engineers is soliciting comments from the public; Federal,
State and local agencies and officials; Indian Tribes and other interested
parties in order to consider and evaluate the impacts of this proposed
activity. Any comments received will be considered by the Corps of Engineers
to determine whether to issue, modify, condition or deny a permit for this
proposal. To make this decision, comments are used to assess impacts on
endangered species, historic properties, water quality, general environmental
effects and the other public interest factors listed above. Comments are
used in the preparation of an Environmental Assessment (EA) and/or an
Environmental Impact Statement (EIS) pursuant to the National Environmental
Policy Act (NEPA). Comments are also used to determine the need for a public
hearing and to determine the overall public interest of the proposed activity.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, ATTN: Mr. Art Coppola, Washington Regulatory
Field Office, Post Office Box 1000, Washington, North Carolina, 27889,
until 3:30 p.m., June 17, 1996, or telephone [phone], extension 24.
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DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers WERANC
Post Office Box 1890 WVT ?2
Wilmington, North Carolina 28402-1890
Action ID No. 199601653
May 16, 1996
PUBLIC NOTICE
THE UNITED STATES DEPARTMENT OF THE INTERIOR, NATIONAL PARK SERVICE,
CAPE HATTERAS NATIONAL SEASHORE, ROUTE 1, BOX 675, MANTEO, NORTH CAROLINA,
27954-2708, telephone [phone], has applied for a Department of the
Army (DA) permit TO CONSTRUCT AN 800-FOOT LONG SHEETPILE GROIN EXTENDING
500 FEET SEAWARD OF THE PRESENT SHORELINE OF THE ATLANTIC OCEAN, AND
300 FEET LANDWARD. VERTICAL PROFILE OF THE PROPOSED GROIN RANGES FROM
ZERO TO EIGHT FEET MEAN SEA LEVEL (MSL). THE PURPOSE OF THE PROJECT IS
TO PROMOTE THE ACCUMULATION OF SAND FOR FURTHER PROTECTION OF THE CAPE
HATTERAS LIGHTHOUSE. All proposed work will take place within the Cape
Hatteras National Seashore located in Buxton, Dare County, North Carolina.
The following description of the work is taken from data provided by
the applicant. Construction of the proposed sheetpile groin will allow the
Park Service to encourage the accumulation of wave driven sand to provide
additional protection to the Cape Hatteras Lighthouse. The proposed groin
is located south of, and parallel to, the existing groin field. The selected
location retains the present groin spacing of 650 feet and is 745 feet south
of the lighthouse. The new structure is of sheetpile construction and is
similar to the existing groins at the site. Total length of the groin is
800 feet of which 500 feet extends seaward of the present frontal dune.
The remaining 300 feet extends landward at a uniform elevation of 8 feet
above MSL. Seaward of the frontal dune, the profile of the groin slopes
from the 8-foot elevation to the typical berm elevation of the beach (5.5 MSL)
which is the same elevation of the existing groins. The berm portion of the
groin remains horizontal to a point 150 feet from the seaward end of the
groin. At this location, the groin again slopes down such that the last
100 linear feet of structure has a uniform top elevation equal to mean sea
level. The proposed groin will be constructed of 52.5-foot long interlocking
steel sheetpile sections braced along the top with steel walers on each side.
The construction will be undertaken with a large crane and associated pile
driving equipment. Construction will begin at the landward end and work
seaward. No wetlands will be impacted by this activity. Plans showing the
work are included with this public notice.
The applicant has determined that the proposed work is consistent with
the North Carolina Coastal Zone Management Plan and has submitted this
determination to the North Carolina Division of Coastal Management (NCDCM)
for their review and concurrence. This proposal shall be reviewed for the
applicability of other actions by North Carolina agencies such as:
a. The issuance of a water Quality Certification under Section 401
of the Clean Water Act by the North Carolina Division of Environmental
Management (NCDEM).
b. The issuance of a permit to dredge and/or fill under North
Carolina General Statute 113-229 by the North Carolina Division of Coastal
Management (NCDCM).

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c. The issuance of a permit under the North Carolina Coastal Area
Management Act (CAMA) by the North Carolina Division of Coastal Management
(NCDCM) or their delegates.
d. The issuance of an easement to fill or otherwise occupy State-
owned submerged land under North Carolina General Statute 143-341(4), 146-6,
146-11, and 146-12 by the North Carolina Department of Administration (NCDA)
and the North Carolina Council of State.
e. The approval of an Erosion and Sedimentation Control Plan by the
Land Quality Section, North Carolina Division of Land Resources (NCDLR),
pursuant to the State Sedimentation Pollution Control Act of 1973 (NC G.S. 113
A-50-66).
The requested Department of the Army (DA) permit will be denied if any
required State or local authorization and/or certification is denied. No
DA permit will be issued until a State coordinated viewpoint is received and
reviewed by this agency. Recipients of this notice are encouraged to furnish
comments on factors of concern represented by the above agencies directly to
the respective agency, with a copy furnished to the Corps of Engineers.
This application is being considered pursuant to Section 10 of the River
and Harbor Act of 1899 (33 U.S.C. 403). Any person may request, in writing
within the comment period specified in the notice, that a public hearing be
held to consider this application. Requests for public hearing shall state,
with particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this site is a registered property or property listed as being eligible for
inclusion in the Register. Consultation of the National Register constitutes
the extent of cultural resource investigations by the District Engineer, and
he is otherwise unaware of the presence of such resources. Presently, unknown
archeological, scientific, prehistorical, or historical data may be lost or
destroyed by work under the requested permit.
The District Engineer, based on available information, is not aware that
the proposed activity will affect species, or their critical habitat,
designated as endangered or threatened pursuant to the Endangered Species Act
of 1973.
The decision whether to issue a permit will be based on an evaluation
of the probable impacts, including cumulative impacts, of the proposed
activity and its intended use on the public interest. Evaluation of the
probable impacts which the proposed activity may have on the public interest
requires a careful weighing of all those factors which become relevant in
each particular case. The benefits which reasonably may be expected to
accrue from the proposal must be balanced against its reasonably foreseeable
detriments. The decision whether to authorize a proposal, and if so the
conditions under which it will be allowed to occur, are therefore determined
by the outcome of the general balancing process. That decision should
reflect the national concern for both protection and utilization of important
resources. All factors which may be relevant to the proposal must be
considered including the cumulative effects thereof. Among those are
conservation, economics, aesthetics, general environmental concerns, wetlands,
cultural values, fish and wildlife values, flood hazards and flood plain
values (in accordance with Executive Order 11988), land use, navigation, shore
erosion and accretion, recreation, water supply and conservation, water

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