A21 - CZC Concurrence.pdf

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December 16, 2024 Revised December 18, 2024 Revised December 19, 2024

Mr. Andrew Holliday USDA Forest Service Region 8 4931 Broad River Road Columbia, SC 29063

RE: Buck Hall Recreation Area Reconstruction, HQ5-TZZV-WM3BY Charleston County

Dear Mr. Andrew Holliday:

This Coastal Zone Consistency Determination Conditional Concurrence is in response to the JLA Group on behalf of the U. S. Department of Agriculture (USDA) Forest Service Coastal Zone Consistency Determination submitted to South Carolina Department of Environmental Services Bureau of Coastal Management (SCDES BCM) on August 12, 2024. SCDES BCM’s review began on August 12, 2024. Additional information was first requested September 6, 2024. The determination was deemed complete on December 10, 2024.

The proposed activity consists of land disturbance and marine activities associated with the, Buck Hall Recreation Area Renovation Project. Phase I of the project is to include partial demolition of the existing bulkhead to be replaced with 1,350 linear feet of rock revetment, partial demolition of the existing bulkhead to be replaced with 155 linear feet of new bulkhead, boat launch improvements and floating dock repairs, boat launch circulation and parking improvements, drainage improvements, Campground Loop A renovations (1 host site, 17 RV sites, 7 tent sites), water and wastewater system improvements, septic drain field, dump station, signage, landscape additions, two well houses, and Loop A bath house. Phase I optional items include partial demolition of the existing bulkhead to be replaced with 200lf of rock revetment, existing fishing pier improvements, kayak launch, day-use area improvements, gravel overflow parking lot, telecommunications improvements, day use restroom building, and picnic shelter. Phase II items include Campground Loop B (1 host site, 15 RV sites, 6 tent sites), pedestrian trail to connect Loop B to the waterfront, group camping, Loop B bath house, water system expansion, and fishing pier extension. Included in the project’s scope of work are improvements to the entrance off of US 17, consisting of a new turn lane, and improvements to Buck Hall Landing Road. The limits of disturbance for the project are about 26.2 acres of the overall 162 acre parcel owned by the FS. The project intends to limit the cutting of trees and retain the drainage characteristics of the existing site as much as possible.

Pursuant to 15 C.F.R. § 930.4 SCDHEC OCRM conditionally concurs with the determination that the project is consistent to the maximum extent practicable with the following conditions below to ensure consistency with the enforceable policies contained within the S. C. Coastal Zone Management Program (SCCZMP) pursuant to 15 C.F.R. § 930.45. This concurrence is based upon the review of the Guidelines for Evaluation of All Projects as well as the Transportation Facilities (Roads and Highways, Parking Facilities), Marine Related Facilities (Boat Ramps and Docks), Recreation and Tourism (Parks and Commercial Recreation), Public Services and Facilities (Public Buildings), Activities in Areas of Special Resource Significance (Navigational Channels), Stormwater Management (Runoff) policies contained in the SCCZMP.

1. In the event that any historic or cultural resources and/or archaeological materials are found during the course of work, the applicant must notify the State Historic Preservation Office and the South Carolina Institute of Archaeology and Anthropology. Historic or cultural resources consist of those sites listed in the National Register of Historic Places and those sites that are eligible for the National Register. Archaeological materials consist of any items, fifty years old or older, which were made or used by man. These items include, but are not limited to, stone projectile points (arrowheads), ceramic sherds, bricks, worked wood, bone and stone, metal and glass objects, and human skeletal materials.

2. The project must be consistent with State Stormwater Permitting requirements during and post construction for protection of water quality.

3. Due to the close proximity of shellfish beds (within 1000’ of the project), the applicant must demonstrate that the first one and half (1½) inches of runoff from the built upon portion of the property is retained onsite.

4. The applicant is not authorized to impact any freshwater wetlands. In the event any impacts to freshwater wetlands occur, the US Army Corps of Engineers and DES- BCM must be notified, and all work must cease to minimize additional impacts until the applicant receives authorization.

5. Prior activities in the critical area, the applicant must fully comply with all general and special terms and conditions of the US Army Corps of Engineers Permit (SAC-2023-00443) as well as SCDES requirements for Water Quality Certifications.

6. The applicant must follow the Memorandum of Agreement with SHPO dated January 7, 1991 for management of onsite cultural resources.

7. The permittee shall instruct all personnel associated with the project of the potential presence of manatees and the need to avoid collisions with manatees. All construction personnel must monitor water-related activities for the presence of manatee(s) during May 1

- November 15. Construction personnel are requested to monitor outside of that timeframe as manatees may be in the area before or after the above dates.

8. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act of 1972 and the Endangered Species Act of 1973.

9. Any siltation barriers used during the project shall be made of material in which manatees cannot become entangled and must be properly secured, and regularly monitored to avoid manatee entrapment.

10. All vessels associated with the project shall operate at “no wake/idle” speeds at all times while in the construction area and while in water where the draft of the vessel provides less than a four-foot clearance from the bottom. All vessels will follow routes of deep water whenever possible.

11. If manatee(s) are seen within 100 yards of the active construction area all appropriate precautions shall be implemented to ensure protection of the manatee. These precautions shall include the operation of all moving equipment no closer than 50 feet to a manatee.

Operation of any equipment closer than 50 feet to a manatee shall necessitate immediate shutdown of that equipment. Activities will not resume until the manatee(s) has departed the project area of its own volition.

12. The permittee understands and agrees that all in-water lines (rope, chain, and cable, including the lines to secure turbidity curtains) must be stiff, taut, and non-looping. Examples of such lines are heavy metal chains or heavy cables that do not readily loop and tangle.

Flexible in-water lines, such as nylon rope or any lines that could loop or tangle, must be enclosed in a plastic or rubber sleeve/tube to add rigidity and prevent the line from looping and tangling. In all instances, no excess line is allowed in the water. Where appropriate in water wires, cables, should be fitted with PVC sleeve from the surface to the bottom to prevent any potential scraping of the passing manatees.

13. Any collision with and/or injury to a manatee shall be reported immediately to the U.S. Fish and Wildlife Service contacts: Melanie Olds, South Carolina Manatee Lead, Charleston Field Office, at 843-727-4707 ext. 205; or Terri Calleson, Manatee Recovery Coordinator, North Florida Field Office, at 904-731-3286. Reports to injured manatees may also be reported to the SCDNR at (800) 922- 5431. 13.

Please contact me if you have any questions about this concurrence or the conditions within

it. It is our intention to work with the USDA Forest Service to address any concerns that the USDA Forest Service may have as to how this project can be consistent with the enforceable policies of the

SCCZMP.

Benjamin Thépaut BCM - Coastal Zone Consistency Benjamin.Thepaut@des.sc.gov