DISCLAIMER: Please download the attached PDF version of this notice for complete information, proper formatting, and inclusion of tables and figures.
PUBLIC NOTICE
Issue Date: July 8, 2015
Comment Deadline: July 29, 2015
Corps Action ID Number: SAW-2014-02012
The Wilmington District, Corps of Engineers (Corps) received an application from Mr. Jeffrey Hudson
of Onslow County seeking Department of the Army authorization to perform maintenance dredging in
the Atlantic Intracoastal Waterway (AIWW), New River Inlet, and Cedar Bush Cut and deposit dredged
material along the northern 2 miles of the North Topsail Beach oceanfront associated with an Onslow
County Navigation Project in the Town of North Topsail Beach, Onslow County, North Carolina.
Specific plans and location information are described below and shown on the attached plans. This
Public Notice and all attached plans are also available on the Wilmington District Web Site at:
http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram.aspx
Applicant:
Onslow County Planning and Development
Attn: Mr. Jeffery Hudson
4024 Richlands Highway
Jacksonville, North Carolina 28540
Agent (if applicable):
Coastal Planning and Engineering of North Carolina, Inc.
Attn: Mr. Greg Finch
4038 Masonboro Loop Road
Wilmington, North Carolina 28409
Authority
The Corps evaluates this application and decides whether to issue, conditionally issue, or deny the
proposed work pursuant to applicable procedures of the following Statutory Authorities:
X - Section 404 of the Clean Water Act (33 U.S.C. 1344)
X - Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403)
- Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413)
Location
Directions to Site: The project site is located along the northern end of north Topsail Beach. From
Wilmington, take US Highway 17 North to NC Highway 210, turn right on NC Highway 210 and continue
across the Surf City Swing Bridge. Turn left at the first street to continue on NC Highway 210
(locally known as New River Road), and follow until you reach New River Inlet Road. Turn right onto
New River Inlet Road and follow until the road dead ends. The project area includes the
northernmost 2 miles of North Topsail Beach, a portion of New River Inlet, Cedar Bush Cut, and the
Atlantic Intracoastal Waterway (AIWW).
Project Area (acres): 130
Nearest Town: North Topsail Beach
Nearest Waterway: AIWW/New River Inlet/ Cedar Bush Cut
River Basin: White Oak
Latitude and Longitude: 34.446847 N, -77.508681W
Existing Site Conditions
The project site includes the shoreline along the northern most portion of North Topsail Beach
(approximately 3,200 linear feet) which currently contains an above average size sandbag revetment,
which extends below the elevation of Normal High Water (NHW) along most of the alignment. The
current elevation of the beach project ranges from approximately -10’ NAVD to approximately 11’
NAVD. The project site is adjacent to commercial and residential properties as well as
infrastructure for the Town of North Topsail Beach (i.e. New River Inlet Road). The project site is
bordered by Onslow Beach to the north, the Atlantic Ocean to the east, and commercial and
residential properties to the south and west. The high ground portion of the property is vegetated
primarily with American Beach Grass (Ammophila breviligulata) and Sea Oats (Uniola paniculata). The
waters of the project site are classified as SA by the North Carolina Division of Water Resources
(NC DWR). The North Carolina Division of Marine Fisheries (NC DMF) has not designated this area of
the AIWW and New River/ Atlantic Ocean as a Primary Nursery Area (PNA). The waters adjacent to the
proposed project are open to the harvesting of shellfish.
Applicant’s Stated Purpose
The applicant states that the purpose of the project is to maintain safe navigation of the existing
channels for commercial, recreational and government vessels.
Project Description
The applicant proposes to perform maintenance dredging of the AIWW, New River Inlet, and Cedar Bush
Cut through use of a hydraulic pipeline dredge and pipeline, bulldozers, front-end loaders and
other earth moving machinery. The project would dredge 164,000 cubic yards of material out of the
New River and pump the dredged material by either a submerged or floating pipeline onto the beach
(filling approximately 48-acres of beach) at the northern end of North Topsail Beach. For the
purpose of distinguishing the proposed dredged areas, the project is separated into the following
three areas: 1) The channel leading to Jacksonville (Section I, A-A); 2) The AIWW (Sections II and
III, B- B); and 3) New River Inlet (C-C). The soil deposition site includes beach front areas
previously approved for fill material under phase I of the North Topsail Beach Shoreline
Stabilization Project (CAMA Major Permit No. 79-10 and Corps Action ID: SAW-2004- 00344 (ORM
number: SAW-2005-00344)). A secondary site (USACE Disposal Area DA-143) has been designated for any
non-compatible material that may be encountered. DA-143 is approximately 40 acres in size and is
located at the intersection of the AIWW and New River in the area known as Cedar Bush Cut. Each of
the three proposed dredged areas have been historically dredged, either by the US Army Corps of
Engineers or the Town of North Topsail Beach. A detailed description of the three proposed dredged
areas is below:
1) Channel to Jacksonville: The applicant proposes to maintain the 90-foot wide channel to a depth
of -10’, Mean Low Water (MLW) plus 1-foot of over dredge in 8,000 linear feet of the lower New
River extending northward from the AIWW. Historical (2007) vibracore data collected by the USACE
found that the material within these samples was described as primarily tan in color, poorly graded
coarse sand near the crossing and transitioning to a gray, poorly graded fine sine to a silty sand
further up in the channel to Jacksonville. Additional samples collected by the USACE in 2009, are
described in a report and found on Figure 2 of the application. Additionally the Town of North
Topsail Beach hired a private company to collect vibracore data within the proposed dredged areas
in 2015 (see Figure 3 for sample locations). The channel slopes in this area would be constructed
at a 3H:1V from the existing grade down to the bottom of the channel.
2) AIWW: Channel maintenance within the AIWW would include dredging portions of the AIWW’s Section
II and III. These sections have historically been documented to contain beach compatible material
based on the USACE’s vibracore data. The previously dredged channel dimensions include a 90-foot
wide by 5,300-foot long by 12-feet plus 2 feet of overdredge, at a grade of 3H:1V. This work would
be located within the intersection of the AIWW/ New River, and is identified as cross section B-B,
on site plan drawing 2 of 13.
3) New River Inlet/Cedar Bush Cut: The proposed project area of this section of the project is
located within the Cedar Bush Cut/New River Inlet Channel and extends from channel marker #11 to
New River Inlet and continues out until reaching the COLREGS demarcation line. The channel would be
maintained to a width of 90-feet, except for a 1,200-foot section which is proposed to be maintained to a
width of 140-feet with Cedar Bush Cut. The current authorized channel depth for
this section of the project is -6’, MLW plus 2’ of overdredge. The applicant proposes to deepen
this channel to a -8’, MLW plus 2’ of overdredge. The proposed work would measure approximately
10,000 linear feet in length and the final dredge cut would tie into the existing grade at a 3H:1V
slope.
Beach compatible dredged material which meets the state of North Carolina’s sediment criteria is
proposed to be placed along the northernmost 2 mile stretch of North Topsail Beach. The beach fill
template is proposed to extend from the northern tip of North Topsail Beach (from the area near
2390 New River Inlet Road), a distance of approximately 10,560 linear feet south to the area known
as “Trade Winds”, or “Galleon Bay”. The berm crest would extend approximately 200-feet from the
seaward toe of the existing dune, east to an area below normal high water level. The application
states that beach density would vary, but remain below 35 cubic yards/foot. The top of the proposed
berm crest would be constructed to an elevation of approximately +/-6.0 feet NAVD, at a slope of
15:1. According the application, the toe of the fill placement is proposed to extend below the MLW
level. No sand or other fill material would be placed on or landward of the temporary construction
containment tube or any sandbags within the placement area.
The applicant states that storage of the machinery should not be an issue since they anticipate
working 24 hours a day.
Avoidance and Minimization
The applicant provided the following information in support of efforts to avoid and/or minimize
impacts to the aquatic environment: The applicant proposes to implement conservation measures to
reduce adverse effects or incidental takes of federally listed threatened and endangered (T&E)
species described below and detailed in the applicant’s Biological Assessment.
1) Construction Practices:
a. Construction Schedule-Maintenance dredging activities along with the material placement along
the shoreline of North Topsail Beach is proposed between November 16 and April 30. Additionally,
sand placement and dredge operations conducted outside of the spring and fall, (primary
invertebrate production and recruitment periods), will reduce impacts to amphipods, polycheates,
crabs, and clams and also assist in minimizing effects to T&E prey sources.
b. Dredge Type- A hydraulic cutterhead is proposed for the proposed maintenance dredge areas. A
cutterhead dredge uses a rotating cutter assembly at the end of a ladder arm to excavate bottom
material, which is drawn into the suction arm and pumped to the shoreline. On the beach, pipelines
are proposed to transport the sediment into a designated placement area. Bulldozers are proposed to
construct seaward shore parallel dikes to contain the material on the beach, and to shape the beach according to the
applicant’s cross-section template. The contractor will survey the berm width, height, and slope
for compliance during construction.
c. Dredge Positioning- the applicant proposes to utilize an automated dredge positioning and
monitoring system in order to provide the dredge operator with real-time display of dredge
position, location and depth of the cutterhead to ensure operation within permitted design
parameters.
d. Pipeline Positioning- Placement of pipelines along the beach for transporting the dredged
material are proposed to be aligned to avoid potential piping plover habitat as much as
practicable. The alignment will be coordinated with, and approved by the Corps. As-built pipeline
positions will be recorded using GPS technology and included in the final construction observation
report.
2) Monitoring:
a. Construction Observations-The applicant proposes to monitor construction activities mainly
during daylight hours, however also states that random, nighttime observations may be conducted.
The construction activities will be observed by an individual with training or experience in
construction observation and testing, and that is also knowledgeable of the project design and
permit conditions. A coastal engineer will coordinate with the field observer. Material placed on
the beach will have multiple daily QA/QC observations, and the Corps and appropriate resource
agencies with be contacted to determine a course of action if incompatible material is placed on
the beach.
b. Sediment Characteristics- The proposed areas of maintenance dredging contain beach compatible
sand per the state sediment criteria. During construction, material will be monitored for
compatibility with state sediment criteria and if necessary, quantitative assessments will be
conducted for grain size, wet Munsell color, and content of gravel, granular and silt. The sand
evaluation records are proposed to be included within the Engineer’s inspection reports and
submitted to the Corps and NC DCM for verification. Post construction, compaction of placed
material will be inspected with NC DCM and the Corps. Additional work may be necessary to reduce
compaction, such as tilling, based upon consultation with the appropriate agencies.
c. Escarpments- Immediately after construction, visual surveys of escarpments will be conducted.
Escarpments that exceed 18 inches for greater than 100 feet are proposed to be graded to match
adjacent grades on the beach.
d. Water Quality and Pipeline Observations- Turbidity monitoring during construction will be
managed by the contractor, and daily visual turbidity level inspections will be performed.
Additionally, the pipeline transporting the dredged material will be monitored during construction
to avoid adverse impacts associated with a leaking pipeline or coupling which may result in sediment plumes,
siltation, and/or elevated turbidity levels.
Compensatory Mitigation
The applicant offered the following compensatory mitigation plan to offset unavoidable functional
loss to the aquatic environment: The applicant did not provide a compensatory mitigation plan with
the application and does not propose to provide compensatory mitigation, since there will be no
permanent impacts to aquatic resources, including wetlands.
Essential Fish Habitat
Pursuant to the Magnuson-Stevens Fishery Conservation and Management Act, this Public Notice
initiates the Essential Fish Habitat (EFH) consultation requirements. The Corps’ initial
determination is that the proposed project
may affect, but not likely to adversely affect EFH or associated fisheries managed by the South
Atlantic or Mid Atlantic Fishery Management Councils or the National Marine Fisheries Service.
Cultural Resources
Pursuant to Section 106 of the National Historic Preservation Act of 1966, Appendix C of 33 CFR
Part 325, and the 2005 Revised Interim Guidance for Implementing Appendix C, the District Engineer
consulted district files and records and the latest published version of the National Register of
Historic Places and initially determines that:
- Should historic properties, or properties eligible for inclusion in the National Register, be
present within the Corps’ permit area; the proposed activity requiring the DA permit (the
undertaking) is a type of activity that will have no potential to cause an effect to an historic
properties.
X - No historic properties, nor properties eligible for inclusion in the National Register, are present
within the Corps’ permit area; therefore, there will be no historic properties affected. The Corps
subsequently requests concurrence from the SHPO (or THPO).
- Properties ineligible for inclusion in the National Register are present within the Corps’ permit
area; there will be no historic properties affected by the proposed work. The Corps subsequently
requests concurrence from the SHPO (or THPO).
- Historic properties, or properties eligible for inclusion in the National Register, are present
within the Corps’ permit area; however, the undertaking will have no adverse effect on these historic
properties. The Corps subsequently requests concurrence from the SHPO (or THPO).
- Historic properties, or properties eligible for inclusion in the National Register, are present
within the Corps’ permit area; moreover, the undertaking may have an adverse effect on these
historic properties. The Corps subsequently initiates consultation with the SHPO (or THPO).
- The proposed work takes place in an area known to have the potential for the presence of
prehistoric and historic cultural resources; however, the area has not been formally surveyed for
the presence of cultural resources. No sites eligible for inclusion in the National Register of
Historic Places are known to be present in the vicinity of the proposed work. Additional work may
be necessary to identify and assess any historic or prehistoric resources that may be present.
The District Engineer’s final eligibility and effect determination will be based upon coordination
with the SHPO and/or THPO, as appropriate and required, and with full consideration given to the
proposed undertaking’s potential direct and indirect effects on historic properties within the
Corps-indentified permit area.
Endangered Species
Pursuant to the Endangered Species Act of 1973, the Corps reviewed the project area, examined all
information provided by the applicant and consulted the latest North Carolina Natural Heritage
Database. Based on available information:
- The Corps determines that the proposed project would not affect federally listed endangered or
threatened species or their formally designated critical habitat.
X - The Corps determines that the proposed project may affect federally listed endangered or threatened
species or their formally designated critical habitat. Under separate letter, the Corps will
request to initiate consultation pursuant to Section 7 of the ESA and will not make a permit
decision until the consultation process is complete.
- The Corps is not aware of the presence of species listed as threatened or endangered or their
critical habitat formally designated pursuant to the Endangered Species Act of 1973 (ESA) within
the project area. The Corps will make a final determination on the effects of the proposed project
upon additional review of the project and completion of any necessary biological assessment and/or
consultation with the U.S. Fish and Wildlife Service and/or National Marine Fisheries Service.
Other Required Authorizations
The Corps forwards this notice and all applicable application materials to the appropriate State
agencies for review.
North Carolina Division of Water Resources (NCDWR): The Corps will generally not make a final
permit decision until the NCDWR issues, denies, or waives the state Certification as required by
Section 401 of the Clean Water Act (PL 92-500). The receipt of the application and this public
notice, combined with the appropriate application fee, at the NCDWR Central Office in Raleigh
constitutes initial receipt of an application for a 401 Certification. A waiver will be deemed to
occur if the NCDWR fails to act on this request for certification within sixty days of receipt of a
complete application. Additional information regarding the 401 Certification may be reviewed at the
NCDWR Central Office, 401 and Buffer Permitting Unit, 512 North Salisbury Street, Raleigh, North
Carolina 27604-2260. All persons desiring to make comments regarding the application for a 401
Certification should do so, in writing, by July 29, 2015 to:
NCDWR Central Office
Attention: Ms. Karen Higgins, 401 and Buffer Permitting Unit
(USPS mailing address): 1617 Mail Service Center, Raleigh, NC 27699-1617
Or,
(physical address): 512 North Salisbury Street, Raleigh, North Carolina 27604
North Carolina Division of Coastal Management (NCDCM):
X - The application included a certification that the proposed work complies with and would be
conducted in a manner that is consistent with the approved North Carolina Coastal Zone
Management Program. Pursuant to 33 CFR 325.2 (b)(2) the Corps cannot issue a Department of Army
(DA) permit for the proposed work until the applicant submits such a certification to the Corps and
the NCDCM, and the NCDCM notifies the Corps that it concurs with the applicant’s consistency
certification.
- Based upon all available information, the Corps determines that this application for a Department
of Army (DA) permit does not involve an activity which would affect the coastal zone, which is
defined by the Coastal Zone Management (CZM) Act (16 U.S.C. § 1453).
Evaluation
The decision whether to issue a permit will be based on an evaluation of the probable impacts
including cumulative impacts of the proposed activity on the public interest.
That decision will reflect the national concern for both protection and utilization of
important resources. The benefit which reasonably may be expected to accrue from the proposal must
be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the
proposal will be considered including the cumulative effects thereof; among those are conservation,
economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and
wildlife values, flood hazards, flood plain values (in accordance with Executive Order 11988), land
use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water
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
discharge of dredged or fill materials in waters of the United States, the evaluation of the impact
of the activity on the public interest will include application of the Environmental Protection
Agency’s 404(b)(1) guidelines.
Commenting Information
The Corps of Engineers is soliciting comments from the public; Federal, State and local agencies
and officials, including any consolidated State Viewpoint or written position of the Governor;
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.
Any person may request, in writing, within the comment period specified in this notice, that a
public hearing be held to consider the application. Requests for public hearings shall state, with
particularity, the reasons for holding a public hearing. Requests for a public hearing shall be
granted, unless the District Engineer determines that the issues raised are insubstantial or there
is otherwise no valid interest to be served by a hearing.
The Corps of Engineers, Wilmington District will receive written comments pertinent to the proposed
work, as outlined above, until 5pm, July 29, 2015. Comments should be submitted to Ms. Liz Hair,
Wilmington Regulatory Field Office, 69 Darlington Avenue, Wilmington, North Carolina 28403, at (910) 251-4049.
DISCLAIMER: Please download the attached PDF version of this notice for complete information, proper formatting, and inclusion of tables and figures.