B09_Att_29_Ft_Moultrie_Natl_Hist_Park_(SCDHEC)_0002.pdf

April 1, 2024

J. Tracy Stakely 1214 Middle St Sullivans Island, SC 29482

RE: Fort Moultrie National Historic Park, HPY-ZVAZ-19BYD Charleston County

Dear J. Tracy Stakely:

This Coastal Zone Consistency Determination Conditional Concurrence is in response to the U. S. Department of Interior National Park Service (NPS) Coastal Zone Consistency Determination submitted to South Carolina Department of Health and Environmental Control Office of Ocean and Coastal Resource Management (SCDHEC OCRM) on October 10th 2023. SCDHEC OCRM’s review began on October 10th 2023. Information was requested for project scope changes November 21st 2023. Information was finalized and re-submitted March 31st 2024.

The proposed activity consists of marine-related facilities associated with the proposed project (referred to as the preferred alternative) would consist of the replacement of the current dock at Fort Moultrie. Fort Moultrie is located on Sullivan’s Island, just outside of Charleston. The dock is an essential part of the functionality of the park; the dock provides access to park staff, law enforcement, and emergency services personnel to park sites and supports operational needs for moving equipment and supplies between the mainland and Fort Sumter. The Fort Moultrie dock has reached the end of its life cycle and is currently deteriorating.

The preferred alternative at Fort Moultrie is to demolish the existing dock and replace it with an ABA-compliant dock. The new dock would be constructed using a pierhead and floating dock system and would improve loading and unloading operations. The new dock would be constructed within the same footprint as the existing dock and would contain an approximately 108-foot-long and 24-foot-wide pierhead. An approximately 195-foot long and 12-foot-wide concrete pier would connect to the pierhead. Two 30-inch square concrete beams would support the pierhead’s connection to the main dock. Five timber fenders would be installed in each corner of the pierhead and an additional total of approximately 23 timber fenders would be installed along both sides of the concrete pier and the pierhead. Approximately 38 square concrete pilings would be installed along the pierhead and the pier. The preferred alternative would include a 60-foot-long and 8-foot-wide floating dock with four 6-inch steel pipe pilings attached to the east side of the pierhead. An additional 30-foot-long and 8-foot-wide floating dock would be attached to the west side of the pierhead and would contain two 6-inch steel pipe pilings. The floating piers would be attached to the pierhead via gangways.

Finally, the project scope added landside improvements that include the replacement of impervious surfacing in the plaza area. Specifically, the proposed work would include the removal and installation of a new concrete pad and benches at the dock entry. It is anticipated that the first

1.5 inches of runoff from the built upon portion of the property will be retained onsite and will drain through the sandy soils prior to reaching any shellfish beds. The proposed design and grading will meet the shellfish bed retention requirements.

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 Marine Related Facilities (Docks), Wildlife and Fisheries Management), Activities in Areas of Special Resource Significance (Navigational Channels), and 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. 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.

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

4. All construction BMPs must be installed, inspected and maintained to hold sediment onsite and to protect any adjacent or downstream critical area, wetlands and waters through the life of the project. Upon completion of construction activities, all disturbed (including undeveloped) areas, including those impacted for access, must be immediately stabilized.

5. The project must be fully consistent with local zoning and comprehensive plans prior to work being conducted.

6. The permittee shall follow the SC DNR standards for state and federally endangered shortnose sturgeon (Acipenser brevirostrum) and federally endangered Atlantic sturgeon (Acipenser oxyrinchus) conditions:

a) Pilings should be installed using a water jet or vibratory hammer. In the event standard pile driving (impact hammer) is utilized, a soft-strike procedure (three strikes at 40%-60% energy level once a minute for 3 minutes) should be conducted prior to beginning pile driving activities and after any pile driving interruptions of more than 30 minutes.

b) Pile driving activities should be limited to 12 hours per day with a 12-hour rest period between pile driving activities to avoid potential cumulative noise impacts to protected shortnose and Atlantic sturgeon.

7. The permittee shall follow the US Fish & Wildlife Service Standard Manatee Construction Conditions:

a) 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.

b) 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.

c) 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.

d) 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.

e) 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.

f) 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.

g) 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.

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

it. It is our intention to work with the U. S. Department of Interior NPS to address any concerns that the U. S. Department of Interior NPS may have as to how this project can be consistent with the enforceable policies of the SCCZMP.

Sincerely, Benjamin Thepaut SCDHEC- OCRM - Coastal Zone Consistency thepaubf@dhec.sc.gov