20000158 Ver 1_COMPLETE FILE_20000217

State of Nosh Carolina
Department of Environment
and Natural Resources
Division of water Quality
James B. Hunt, Jr., Governor
Bill Kerr T. Ker Stevens, Director
AppROV AL of 401 Water Quality Certification
Ms Trudy Wilder Wilmington District
tJ S Army Corps of Engineers -
Post office BNo?,Carolina 28402-1890
• •
t4CD
NMORTI.i CAROLINA DEPATMENT OF
AND N TURAR RESO RCES
EN?/?RO
February 23, 2000
Dare County
DWQ project #: p00158
Wilmtngto ,
e 100,000 cubic yards of sand for the
Dear Ms. Wilder: with the you described in your
, i el and disposal on the beach as y
you have our approval in accordance attached conditions, l d diosae decided that this fill is covered by
conducting purpose Y of removal of shoals within Rollinson Charnmation, other federal, state or local permit'
22 2000. After reviewing your app et any water,
m Coastal Stor 404 or
application dated February limited to) Sediment and Erosion hen the accompanying
General Water Quality Certificatio eNun budi g (but In not addition. you should Set
will exp
before you So ahead with your prof lations. Also this apP e our
Water Supply Watershed regu Certification. our application. If you change Your
Non-Discharge and cified in the General you described in y n a copy of
CAMA permit expires unle v d for the purpose and design that y . sold, the new owner must be Wyetlande fills for
ns. If total tigation
This approve lication. If the property in with all conditio ry mi
is onus
,
project, you must notify us and send us a new app res onsible for comply fI I exceeds 150 feet compensato
roval letter and tone acre yor total perennial stream ou must follow the conditions
this Certification and aPP exceed or t (h). For this approval to be valid, y t ex Tres or as
ire when the corresponding Nationwide Perim P
this Project (now or in the future)
may be required as described in 15A NCACova shall exp hearing. You must
certification. This app udicatory listed in the attached you may ask for an adl dtion, which conforms to
otherwise provided in the General Certification. send a written Pe Box 27447. Raleigh,
of the conditions of this certification, y s P.O.
If you do not accept any you receive this letter. To ask for a hearing, ou ask for a hearing•
act within 60 days of the date that y and binding unless y Water Act. If You Hearin the North Carolina General Statutes ndidons areefOal anof indinrv=tSection 401 of the Clean Chapter 1 1-7 of Quality under ater N.C. 27 6 1 1-7447• This certification and its co
This letter completes the review of the Division 9646• ty have any questions, please telephone john Dorney a

Attachment
cc: Washington DWQ Regional office
File copy
Central Files
Steve Benton; DCM
.OM158 Wilder
appr°valla Branch
# 733 -9959
Division of Water Quality • Non-Discharge
post consumer paper
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Trudy N Wilder
02/10/2000 03:38 PM
To: Dave.penrose0nomall.net
oo:
Subject: Rollinson Channel
r.I
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\kD
Dave: Enjoyed meeting you yesterday and look forward to working with you. As promised I am sending
you some maps showing where the Rollinson Project is located, where we plan to dredge and dispose.
Keep In mind that the disposal activity Is within the National Park Service, Cape Hatteras National
Seashore and will be conducted under the conditions that they put In the permit. I will do whatever it
takes to get the certification complete. Time is of the essence (I learned that in real estate class :>)
It everything goes right we will remove 100,000 cubic yards of fine to medium sand from the Federal
channel (also Ferry Division Channel) in March and be complete wlth disposal on the beach by April 30.
The disposal area begins at a point about 5,000 feet from the Inlet complex and extends about 3,000 feet
southward. The material from the Rolllnson Channel has been disposed of In the past on the Hatteras
Island side. A letter from DWO for this work stated that the work Is covered under 3123 (Emergency
work), 3120 Beach Disposal as well as 3105 (upland). I am taxing you a copy of the 1997 project
Information for your InformItion and to assist you In understanding what Is happening within the project
area. I am also taxing yougnap showing the rojeot location, area to be dredged and a disposal site
location on Ocracoke Island
In reviewing what we need to do and the avalla le GC's it appears the best way to go with this is the 3123
GC which allows, under condition 01, for WOC to provide verbal approval. Although we are preparing an
EA on this and trying to do what usually takes 3 months to do In a week, the shoal fits the emergency
criteria and needs to be removed asap.
Look over the data and get back with me by fax [phone]) or by a-mall. I will be out tomorrow, but
look forward to hearing from you on Monday. Bill Adams at 910.251-4748 can't help you with the GC's
but If you need to discuss this with someone tomorrow, give him a call. I did not hear back from John
Domey today,
Thanks
Trudy W I I dtr- L
Gtr 4,0 t4t, CA
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Da-rAlL OF WIN
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ANNEL !'ROM NATTLRA! \ SAW r INLLT TO MATT[RAf ?;: .. fRT
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ROLLINSON CHANNEL,
----- _.._._.. ??----- NORTH CAROLINA
/CALL OR MILLI
TYPICAL ILCTION r
Ohtaoa we mosswed from b"In at MotterG& CORPS OF ENGINEERS W1Lb11NOTON, N.C
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FEB 10 '00 05:28PM US CORPS ENGINEERS WILM NC
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hurst, Jr., Governor
Jonathan 8. Howes, secretary
A. Preston Howard, J r. , P.E., Director

APPROVAL of 401 Water Quality Certification
Col, Terry Youngbluth
U.S. Army Corps of Sagineers
Wdming= District
P.O. Box 1890
Wilmingtm NC 28402-1890
Dear Col- Youngbluth:
P.3
aEE""F=t
Marro 13, 1997
Due
WQC 401 1PPwjoct #970176
You have our approval, in accordance with the attached oondidom, to conduct m ntena nce dredOS end
beach avow or waters for the purpose of removing shoals and rduedshing the beach at Rodanthe. Avon or
Rollinson Channels or disposing of the mataW from Rollinsan C pond In an upland ditd disposal basin,
as you described in your revised application dated 12 March 1997. After reviewing your applk?tion, we Have
decided that this fill is covered by C3eaoral Water Quality Certification Numbers 3123, 3120 or 3101 Ibis
Certification replaw one rued an 11 March 1997.
This approval is only valid for the purpose and design that you described in your application. If you
change your project, you must notify us and you may be required to send us a new application. If total
wetland fills for this pPMroJecx (now or in the future) exoeed one Acre, com ory mitiptlon may be required
as described in 13A NCAC 2H.0506 (h) (6) and (7). For this approval to be valid, you must follow rho
conditions listed in the attached certification. In additim you should get any other federal, state or local
permits bet= you go ahead with your project, Also this approval will expo when the accoahpanylag 404 or
CAMA permit expires unless otherwise spaMed in the 0asere C*ddcadon
U you do not accept any of the conditions of this eatiflcation, you may ask for an adjudicaw y_Widngs.._ ..
You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written
petition which conforms to Chapter 150E of the North Carolina General Statutes to the Office of
AdmhAstradve Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447.. This certification and It.* conditions
are final and binding unless you ask for a hea& .
lbis letter cmpletes the review of the DivIdon of Water Quality under Section 401 of the Clean Water
ACL, If you have any questions, please telephone John Dorney at 919-733-1786.
Attachment
cc Wihnington District Carps of Euftwrx
Cap of l?tcte Q R x1009 t 9I d Office
Mr. Jahn Donmy
Cantral Piles
I Owes; Corps of Enginaers
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JoeJiasita; Quible do Assodates
9701763W
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Environmental So" Stench, 4401 Frady Ctrak Rd, RAW, NO 9M7'rehph0ne 910-738-1786 FAX a 7a Me
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This General certification is issued in conformity with the
requirements of Section 401, "lic Laws 92-500 and 95-217 of the.
United States and subject to the North Carolina Division of Water
Quality Regulations in 15 NCAC 2N, Section .0500 and 15 NCAC 2B .0200
for the discharge of fill material to waters and wetland areas which
are waters of the United States as described in.the Wilmington
District's Regional (General) Permit Number 198000048. This WQC is
rescinded when the Regional. Permit is reauthorized or when deemed
appropriate by the Director of the Division of Water Quality.
The State of North Carolina certifies that the specified category
of activity will not violate applicable portions of Sections 301, 302,
303, 306 and 307 of the Public Laws 92-500 and 95-217 if conducted in
accordance with the conditions hereinafter set forth.
Conditions of Certification!
1. Proposed fill or substantial modification of waters or
wetlands or this General certification requires written
concurrence from the Division of Water Quality;
2. The activity should be conducted in such a manner as to
prevent significant increases in turbidity outside the area
of construction or construction related discharge (increases
such that a turbidity of 25 NTUs or le s? is not considered
significant;
3. The discharge shall be free of toxic substances in violation
of state water quality standards;
4. If such activities should take place during periods of high
biological activity (i.e. sea turtle nesting), biological
monitoring may be required at the request of other state or
federal agencies and coordinated with these dredging
activities;
51 If an environmental document is required, this Certification
is not valid until a PONSI or ROD is issued by the State
Clearinghourse;
6. Written concurrence for use of this certification for a
particular project shall expire three years after issuance.
Non-compliance with or violation of the conditions herein set
forth by a specific fill, project shall result in revocation of this
Certification for the project and may result in criminal and/or civil
penalties.
The Director of the North Carolina Division of Water Quality may
require submission of a formal application for individual
certification for any project in this category of activity, if it is
determined that the project is likely to have a significant adverse
effect upon water quality or degrade the waters so that existing uses
of the wetland or downstream waters are precluded.
Public bearings.may be held for specific a
ppiicatior? or group 'o!
applications prior to a certification decision if deemed in the
publics beat interest by the Director of the North Carolina.nivision'.,;.,
of Water Quality..
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-FEB 10 '00 F95:29PM US CORPS ENGINEERS WILM NC P.6
0
GXNLRAI. CERTIFICATION FOR MM(DENCY DREDGING
This General 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 15A NCAC 2H, Section 0500 and 15A NCAC 2B
.0200 for emergency maintenance' dredging activities in the coastal
navigable waters of the state when authorized by the Rivers and
Harbors Act of 1899 and which are initiated by the District Engineer
of the Wilmington District of the U.S. Army Corps of Engineers or the
Governor of North Carolina. This Certification replaces Water Quality
Certification Number 1333 and 1322R issued on June 12, 1987. This WOC
can be rescinded when deemed appropriate by the Director of the DWQ.
The State of North Carolina certifies that the specified
category of activity will not violate applicable portions of sections
301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217 if
conducted in accordance with the conditions hereinafter set forth.
Conditions of Certification:
1'. Activities cdvered by this General Certification do not
require written concurrence from the Division of Water
Quality (DWQ) as long as they comply with all conditions of
this General Certification. DWQ staff in the Central and
appropriate DWQ Regional Office shall be contacted verbally
to determine whether this Certification is applicable;
2. This Certification is applicable only wh n the District'
Engineer makes the determination that a rapid response is'
required for frequent and unpredict:able-sand•shoals forming
in an authorized channel such that it poses an immediate
threat to navigation;
3. The U.S. Army Corps of Engineers shall dredge by sidecasting
..or--other means most readi-ly;avail4able and shall dispose of
the dredged material in open-water adjacent to the channel,
in a suitable diked upland disposal basin or along the ocean
beaches;
4. That appropriate sediment and erosion control practices
which equal or exceed those outlined in the most recent
edition of the "North Carolina Sediment and Erosion Control
Planning and Design Manual" or the °North Carolina Surface
Mining Manual" (available from the Division of Land .
Resources in the DEHNR Central and Regional. Offices) are
utilized to prevent exceedances of the appropriate turbidity
water duality standard (50 NTUs in streams and rivers not
designated as trout waters by DWQ; 25 NTUs in all, saltwater
classes, and all lakes and reservoirs; and 10 NTUs in trout
waters);
5. All sediment and erosion control measures placed in wetlands
or waters shall be,removed and the natural grade restored
aftgr the Division of Land Resources releases the proect;
6. If an environmental document is required, this Certification
is not valid until a PONS= or ROD is issued by the State
Clearin house; .,
7. The spoil material shall be predominately, sand, The ter:.:
turbidity plume shall not impede the free passage of tith
adjacent to or downstream from the project. This:,.
Certification doea;'not- relieve the Corps of h"nQineersnr...
'Y Y Ml p
FEB 10 '00 05:30PM US CORPS ENG f l 5 ?JILM NC _,"
L..'

P.7
thus contractotid"'trom'potentiel liability with respect to
any kills of fish or other aquatic life which may result;
8. That additional site-specific conditions may be added to
projecCs proposed under this Certification in order to
ensure compliance with all applicable water quality and
effluent standardsr
9. Two copies of a writ en report shall be submitted to the DWQ
within lof
anth6 dredging d post-depth activity soundings, and P acementnofd
for the dredging
dredged material.
10. Concurrence from DWQ that this certification applies to'an
individual project shall expire three years from the date of
the cover letter from DWQ.
Non-compliance with or violation of the conditions herein set
forth by a specific fill project shall result in revocation of
this certification for the project and may also result in criminal
and/or civil penalties.
The Director of the North Carolina Division of Water Quality may
require submission of a formal application for individual
certification for any project in this category of activity, if it is
determined that the project is likely to have a significant adverse
effect upon water quality or degrade the waters so that existing uses
of the wetland or downstream waters are precluded.
Public hearings may be held for specific'applications or
group of applications prior to a Certification..decision"'if deemed
in the public's best interest by the Director of the North Carolina
Division of Water Quality,
Effective date: 11 February 1997.
DIVISION OF ENVIR ENTAL YANACENlErP1'
BY
A. Preston HoW zd R. P.E.
Director
concert - MW
WQC #! 3123

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[Fwd: Rollinson Channels
Subject: [Fwd: Rollinson Channel]
Date: Tue, 15 Feb 2000 17:05:55 -0500
From: Deborah Sawyer <[e-mail]>
Organization: DENR
To: Shannon Stewart <Shannon.Stewart@ncmail. net>,
John Dorney <John. Dorney @ ncmail. net>, Brad Shaver <[e-mail]>,
Bob Zarzecki <Bob.Zarzecki @ ncmail. net>,
Joanne Steenhuis <[e-mail]>,
Steve Mitchell <[e-mail]>,
Jim Mulligan <[e-mail]>, Roger Thorpe <Roger.Thorpe @ ncmail. net>
Shannon,
There is a long history on Emergency Auth. Bottom line is we usually
don't stand in the way if there is no "glaring" WQ concerns. We usually
work out our "gripes" at the quarterly dredging meetings we have with
the COE in Beaufort (I'll let you know about the next one). As far as
this one goes, the only question I have is whether the Tar-Pam Buffer
Rules apply. Is beach nourishment on the beach adjacent to the Atlantic
Ocean (it's in the Classification Schedule) activity in Zone 1 or 2? If
so, is it exempt or allowable? I asked this question a couple of weeks
ago at the Ocracoke meeting we had in the Archdale Bldg. but didn't get
an answer. Anyone with any thoughts????
Deborah
Subject: Rollinson Channel
Date: Tue, 15 Feb 2000 14:47:32 -0600
From: Shannon Stewart <shannon.stewart @ncmail.net>
To: [e-mail], [e-mail]
Hey Deborah and Brad
I have somehow made it into the loop on this project and I was asked to
coordinate my comments with the WARD. Are either of you familiar with
this project? If so, do you have any thoughts/comments on the emergency
dredging of this channel and placement of 100,000 cubic meters of fine
to medium sand on the beach of Ocracoke Island? The work will be
carried out by hydraulic pipeline dredge, the route of which will be
selected in coordination with NPS.
Please get back to me asap so I can get any comments we have back to
John. If you need additional information give me a call - I will be in
the rest of the week (919-733-9582).
Thanks
Shannon
1 of 1 2/16/00 7:58 AM
Re: [Fwd: Rollinson Channel]
Subject: Re: [Fwd: Rollinson Channel]
Date: Wed, 16 Feb 2000 13:03:53 -0500
From: Bob Zarzecki <[e-mail]>
To: John Dorney <[e-mail]>
CC: Deborah Sawyer <Deborah.Sawyer@ncmail. net>,
"shannon.stewart" <shannon. [e-mail]>
pl?
s?
Technically, Yes. The Atlantic Ocean is subject to the buffers. However,
determining where the buffers start is the real question. I believe that the
buffers would start at the "normal high water level" (i.e., normal high tide
line). Therefore, the beach itself may either be part of the substrate of the
"surface water" (i.e., Atlantic Ocean) or part of the buffer, depending on where
the high tide line is. If it is part of the substrate, then the buffer rules
would not apply (no "buffer" impacted). If it is part of the buffer, then I
believe that the activity of "beach nourishment" could be considered an "existing
use" exempt from the rules. - Bob Z.
John Dorney wrote:
> bob - please get shannon/deborah an answer once we get back from MRO. thankx
> Deborah Sawyer wrote:
> > Shannon,
> > There is a long history on Emergency Auth. Bottom line is we usually
> > don't stand in the way if there is no "glaring" WQ concerns. We usually
> > work out our "gripes" at the quarterly dredging meetings we have with
> > the COE in Beaufort (I'll let you know about the next one). As far as
> > this one goes, the only question I have is whether the Tar-Pam Buffer
> > Rules apply. Is beach nourishment on the beach adjacent to the Atlantic
> > Ocean (it's in the Classification Schedule) activity in Zone 1 or 2? If
> > so, is it exempt or allowable? I asked this question a couple of weeks
> > ago at the Ocracoke meeting we had in the Archdale Bldg. but didn't get
> > an answer. Anyone with any thoughts????
> > Deborah
> > ------------------------------------------------------------------------
> > Subject: Rollinson Channel
> > Date: Tue, 15 Feb 2000 14:47:32 -0600
> > From: Shannon Stewart <[e-mail]>
> > To: [e-mail], [e-mail]
> > Hey Deborah and Brad
> > I have somehow made it into the loop on this project and I was asked to
> > coordinate my comments with the WARO. Are either of you familiar with
> > this project? If so, do you have any thoughts/comments on the emergency
> > dredging of this channel and placement of 100,000 cubic meters of fine
> > to medium sand on the beach of Ocracoke Island? The work will be
> > carried out by hydraulic pipeline dredge, the route of which will be
> > selected in coordination with NPS.
> > Please get back to me asap so I can get any comments we have back to
> > John. If you need additional information give me a call - I will be in
> > the rest of the week (919-733-9582).
> > Thanks
> > Shannon
1 of 1 2/16/00 12:07 PM
FEB. -18' 00 (FRI ) 16:37
DEHNR COSTAL MGMT
9%-AMA
3 ?d
02/18/00
MEMORANDUM
To: Mr. John R. Dorney
NC DENR
Division of Water Quality
P.O. Box 27687
Raleigh, NC 27611
TEL:[phone] P.001
From: stave Benton, Consistency coordinator
subject: Project Number DCM00-13, Dated 02/17/00
MODIFICATION CD96-43, BEACH DISPOSAL ON OCRACOKE ISLAND AT FERRY
Proposed by: U.S. Army Corps of Engineers
Location: Hyde county
The above listed document is being circulated to you for
review and comment by 02124100,
Type of Review Requested:
General Comments / FYX
Determination of Permits Needed / Land Use Plan Issues
NEPA / NCEPA Comments
Preliminary Federal / state consistency comments
j/ Federal / state Consistency Comments
please contact me before the response due date if
additional review time is needed. Thank you,
RRPLY This office objects to the project as proposed.
Comments on this project are attached.
This office supports the project proposal.
No Comment.
Signed
Date
North Carolina DepARment of Environment end Natural Moutces James d, Hunt Jr.. Govemor - Wayne McDevitt, SKWq
Division or Coastal Management Donna U. Moft Director
po. pox 27697, Raleigh, North Carolina 27611-7697 • Phone [phone] • 11tipi/dcritlatirst2te.ne.us
FEB. -? WO WRI 116:31 DEHNR COSTAL MGMT TEL: [phone] P. 002
FEB 17 'PJ0 02:26'M US CureFS ENG'shZi_KS wILCI NC F.2
DEPARTMENT OP THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX t moo
WII,MINoraN, NORTH CAROLINA 21402162D
February 17, 2000
tir AerLr Rem 110
Environmental Resources Section
Mr. Steve Benton
Division of Coastal MamageMont
North Carolina DapaMent of Environment
and Netural Resources
Pat Office box 27687
Raleigh, North Carolina 27611
Dear Mr. Penton'
We request modification of our Consistency Determination CD9643, dated February 7, 1997, as mananded an
March 11, 1997, to include a beach disposal area on Ocracoke Island, Hyde County, North Carolina, The project is
described in the enclosed Environmental Assessment and Finding of No Significant Impact.
Current surveys indicate that approximately 100.000 cubic yards of beach quality sandy material requires immediate
removal from the channel to allow safe passage of vessels, including the Hatteras Ferry. It is our Intention to
remove the shoal beginning in early March and be completed by April 30. This will allow the work to be performed
this FY, with completion prior to the sea tunic nesting aeoson beginning May 1. No extension past this date is
posaibie,
71he umo of this site has been coordinated with the National Park Service, Cape Hatteras National Seashore
PF al Use Permit has been coordinated with the NPS/CHNS Superintendent, Mr, Francis Peeltier, anld the a for
the Spec
Resource Manager, Mr, Steve Harriman,
We request your expedited review of the proposed action and a verbal approval, if possible, by February 25, 2000.
A copy of this letter Is being faxed to your office to assist in your review. A Section 401 Warr Quality Certification
will be received from the North Carolina Division of Water Quality prior to commencement of work,
If you have any questions regarding the proposed action, please contact Mm. Trudy Wilder of the Environmental
Resources Section at 910.251,45 B1,
Sincerely,
W
W. Coleman Long
3Ca
Chief, Planning and
Environmental Branch
Enclosure

February 17, 2000
Environmental Resources Section
Mr. Steve Benton
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611
Dear Mr. Benton:
r,
We request modification of our Consistency Determination CD96-43, dated February 7, 1997, as amended on
March 11, 1997, to include a beach disposal area on Ocracoke Island, Hyde County, North Carolina. The project is
described in the enclosed Environmental Assessment and Finding of No Significant Impact.
Current surveys indicate that approximately 100,000 cubic yards of beach quality sandy material requires immediate
removal from the channel to allow safe passage of vessels, including the Hatteras Ferry. It is our intention to
remove the shoal beginning in early March and be completed by April 30. This will allow the work to be performed
this FY, with completion prior to the sea turtle nesting season beginning May 1. No extension past this date is
possible.
The use of this site has been coordinated with the National Park Service, Cape Hatteras National Seashore
(NPS/CHNS). No work will be performed until receipt of a Special Use Permit from the NPS/CHNS. The need for
the Special Use Permit has been coordinated with the NPS/CHNS Superintendent, Mr. Francis Peltier, and the
Resource Manager, Mr. Steve Harrison.
We request your expedited review of the proposed action and a verbal approval, if possible, by February 25, 2000.
A copy of this letter is being faxed to your office to assist in your review. A Section 401 Water Quality Certification
will be received from the North Carolina Division of Water Quality prior to commencement of work.
If you have any questions regarding the proposed action, please contact7Ms. Trudy Wilder of the Environmental
Resources Section at 910-251-4581. _
Sincerely,
W. Coleman Long
Chief, Planning and
Environmental Branch
Enclosure
A
COPIES FURNISHED THE FOLLOWING PER STEVE BENTON'S REQUEST.
TS-PE-1
MR. TERRY MOORE
DIVISION OF COASTAL MANAGEMENT
943 WASHINGTON SQUARE MALL
WASHINGTON, NORTH CAROLINA 27889
TS-PE- I
MR. FLOYD WILLIAMS
N.C. DIVISION OF LAND RESOURCES
943 WASHINGTON SQUARE MALL
WASHINGTON, NORTH CAROLINA 27889
TS-PE-1
MR. MIKE STREET
N.C. DIVISION OF MARINE FISHERIES
POST OFFICE BOX 769
MOREHEAD CITY, NORTH CAROLINA 28557
TS-PE-1
MR. STEVE HALL
NC DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
DIVISION OF PARKS & RECREATION
NATURAL HERITAGE PROGRAM
1615 MAIL SERVICE CENTER
RALEIGH, NORTH CAROLINA 27699-1615
TS-PE-1
MR. WILLIAM WESCOTT
N.C. WILDLIFE RESOURCES COMMISSION
146 CHESTERFIELD DRIVE
WASHINGTON, NORTH CAROLINA 27889
S-PE-1
/R- JOHN DORNEY
DIVISION OF WATER QUALITY
NC DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
4401 REEDY CREEK RD
RALEIGH, NORTH CAROLINA 27607
1 1
1,o,1
US Army Corps
of Engineers®
Wilmington District
ENVIRONMENTAL ASSESSMENT
AND
FINDING OF NO SIGNIFICANT IMPACT

t

MAINTENANCE OF ROLLINSON CHANNEL
HATTERAS TO HATTERAS INLET CHANNEL SECTION
-DARE AND HYDE COUNTIES
NORTH CAROLINA -
i
FEBRUARY 2000 -
ENVIRONMENTAL ASSESSMENT
AND
FINDING OF NO SIGNIFICANT IMPACT
FOR
MAINTENANCE OF ROLLINSON CHANNEL, NORTH CAROLINA
HATTERAS TO HATTERAS INLET CHANNEL SECTION
DARE AND HYDE COUNTIES, NORTH CAROLINA
FEBRUARY 2000
Table of Contents
ITEMS
PAGE NO.
1.00 PURPOSE AND NEED .........................................................................................1
2.00 PROJECT LOCATION ...........................................................................................2
3.00 PROJECT AUTHORIZATION AND HISTORY ......................................................2
4.00 PROPOSED ACTION .............................................................................................3
5.00 ALTERNATIVES
5.01 Beach Disposal on Hatteras Beach ..........................................3
5.02 N.C. Wildlife Resources Commission, Rollinson Island ................ 4
5.03 Upland Site at Ocracoke Ferry Terminal .................................. 4
5.04 Open Water Disposal ............................................................
4
5.05 No Action ............................................ 4
6.00 ENVIRONMENTAL EFFECTS - -
-6.01 Water Resources .............................................................................4
6.02 Marine and Estuarine Resources ...5
6.03 Submerged Aquatic Vegetation (SAV) ............................................. 6 _
6.04 Wetlands ........................................................................................._6
6.05 Terrestrial Resources ........................................................................6
6.06 Threatened and Endangered Species ..............................................7
6.07 Archaeological/Historical Resources .................................................9
6.08 Recreation and Aesthetic Resources
7.00 ENVIRONMENTAL CONSIDERATIONS
7.01 Clean WaterAct ...............
7.02 Executive Order 11990 (Protection of Wetlands) .......................10
ITEMS PAGE NO
7.03 Executive Order 11988 (Flood Plain Management) .................. .. 10
7.04 Executive Order 11593 (Cultural Environment) ....................... .11
7.05 Executive Order 12898 (Federal Actions to Address
Environment Justice in Minority Populations ......................... .11
7.06 Water Resources Development Act of 1976 .......................... 11
7.07 Coastal Barrier Resources Act . 11
...........................................
7.08 Air Quality ............................................ .
11
..........................
7.09 Relationship to N.C. Coastal Area Management Program ........ .11
8.00 COORDINATION .................... ............................ 12
..............................
9.00 ENVIRONMENTAL COMMITMENTS ........................... 12
...........................
10.00 REFERENCES ................................................................................. 13
11.00 FINDING OF NO SIGNIFICANT IMPACT (FONSI) .................................. 14
FIGURES
(All figures follow the main report)
FIGURE 1: Project Location
FIGURE 2. Project Area - Dredging, Disposal, and Proposed Pipeline Route
FIGURE 3. Beach Disposal Area, Hatteras Island, NC
FIGURE 4. NCWRC Rollinson Bird Island Location
APPENDICES
APPENDIX A: General Water Quality Certification for Beach Disposal (3120) and
for Beach Disposal under Emergency Conditions (3123)
APPENDIX B: Section 404(6)(1) Evaluation for Beach Disposal on Ocracoke Island
- ii
ENVIRONMENTAL ASSESSMENT
AND
FINDING OF NO SIGNIFICANT IMPACT
FOR
MAINTENANCE OF ROLLINSON CHANNEL, NORTH CAROLINA
HATTERAS TO HATTERAS INLET CHANNEL SECTION
DARE AND HYDE COUNTIES, NORTH CAROLINA
FEBRUARY 2000
1.00 PURPOSE AND NEED
The proposed action involves the addition of a beachfront disposal site on Ocracoke
Island for the purpose of disposal of dredged material from the Rollinson Channel
project, Hatteras to Hatteras Inlet Channel Section. The project location is shown on
Figure 1. The addition of the Ocracoke beachfront disposal site to the project would
allow placement of dredged material in close proximity to the channel section being
dredged; and provide some protection of North Carolina Department of Transportation
(NCDOT) Highway 12 on Ocracoke Island (Figure 2).
Placement of material within the beachfront disposal site on Ocracoke Island would
allow the material to be placed on the downdrift beach, within the wave uprush zone.
The sand would then be available to migrate southward along Ocracoke Island. The
placement of the material in this manner would not adversely impact the upper beach
zone or dunes of Ocracoke Island.
The beachfront disposal site on Ocracoke Island is-located within the National Park_
Service, Cape Hatteras National Seashore (NPS/CHNS). After review and
consideration of the proposed action, the NPS/CHNS would provide a Special Use
Permit (SUP) with conditions to be followed during performance of the work.
If all approvals are obtained in a timely manner, the Ocracoke disposal site would be
used in FY 2000 for the disposal-of approximately 100,000 cubic yards of beach quality
material from the Federal channel which also ssrves as the NCDOT Ferry channel.
Work would commence in late to early March and be completed no later than April 30,
2000. Future disposal of material from the channel would occur within the Ocracoke
disposal site or the Hatteras disposal site, depending on coordination with the
NPS/CHNS and location of shoals.
4.0 PROPOSED ACTION
A hydraulic pipeline dredge would accomplish dredging of the Hatteras Inlet to Hatteras
Inlet channel with beach disposal on Ocracoke Island. Material, consisting of beach
quality sediment would be removed to a depth of -14 feet (10 feet project depth, plus 2
feet overdepth and 2 feet of advanced maintenance dredging). The material would be
transported by pipeline to the beachfront of Ocracoke Island and disposed of within the
wave uprush zone. The wave uprush zone is the part of the beach wetted by the
normal wave uprush. The material would be placed at the required elevation
(approximately +6 feet mean-sea-level, m.s.l.), allowing the material to flow naturally
seaward. The designated disposal site begins at a point approximately 5,000 feet
south of Hatteras Inlet and extends southward for approximately 3,000 feet. The
placement of 100,000 cubic yards of material in FY 2000 would be conducted through
the movement of the pipeline approximately 1,000 feet southward within the designated
disposal zone. The positioning of the pipeline would be conducted in such a manner as
to avoid undue buildup of sediment at any one location. The placement of material in
this way would also allow the material to migrate southward toward areas experiencing
high erosion due to recent storms and would not impact the upper beach zone. The
pipeline route would extend from the area to be dredged to the beach via the approved
pipeline route to be determined prior to performing the work. All work would be
conducted outside the sea turtle moratorium of 1 May to November 15. Placement of
approximately 100,000 cubic yards of material would require approximately 30 days.
A proposed pipeline route from the area being dredged to the Ocracoke disposal site
was delineated by the N.C. Division of Coastal Management and the U.S. Army Corps
of Engineers. The NPS/CHNS has evaluated and approved the pipeline route. The
conditions of the SUP will be adhered to by the contractor. An alternative pipeline route
is shown on Figure 2.
5.00 ALTERNATIVES
In coordination with the NPS/CHNS and other agencies on February 3, 2009, the
Ocracoke Island disposal site was considered as the best alternative. Other alternative
disposal sites evaluated for the proposed work include:
5.01 Beach Disposal on Hatteras Beach. Beach disposal within the designated
beach disposal area on Hatteras is an acceptable alternative to the Ocracoke beach
disposal area and may be used during future maintenance dredging and disposal
events. The Hatteras site is a previously approved disposal site (USACE, 1996) for the
placement of material from Hatteras to Hatteras Inlet Channel. Historically, for the last
15 years, material has been placed within the disposal limits shown on Figure 3. This
site would continue to be used for portions of the channel in closer proximity to Hatteras
Island. The proposed site on Ocracoke is closer to the outer portion of the channel,
affording a shorter pumping distance. Most importantly, the Ocracoke site would return
3
and end following dredging. The sediments in the area are not anticipated to be
contaminated with toxic substances since the site is well removed from any known
sources of pollution and is located within the dynamic inlet complex. No adverse impact
to water quality is expected to occur as a result of the proposed activity.
No impacts to groundwater in the project vicinity would occur as a result of the
proposed action.
6.02 Marine and Estuarine Resources. Waters in the project vicinity provide
habitat for an abundance of estuarine and marine organisms and support both
commercial and recreational fisheries for crabs, clams, oysters, scallops, shrimp, and
finfish. Based on telephone conversations with the North Carolina Division of Health
Services, Shellfish Sanitation Office, and the North Carolina Division of Marine
Fisheries, the dredging window of November 16 to April 30 is acceptable for this
project. The area to be dredged is not a designated primary nursery area and is open
to shellfishing.
The impacts of beach disposal below the limit of wave uprush on marine resources
would be minor and confined to the immediate vicinity of the disposal area and the time
frame in which the disposal occurred. Intertidal benthic invertebrates, including mole
crabs, coquina clams, amphipods, isopods, and polychaetes, would be covered by
dredged material in the beach disposal area. The movement of the pipeline within the
disposal site would allow the material to move southward with constant wave action and
would minimize buildup of material. The movement of the pipeline within the disposal
area, along with information that states that both mole crabs and coquina can burrow
up through approximately 2 feet of fine sand (Donaghue, 1999) should minimize
impacts due to possible smothering of organisms within the surf zone. The estimated
rate of disposal for the project is every 2 to 3 years, however, the estimated frequency
is dependent on shoaling activity within the project area and storm activity. The U.S.
Army Corps of Engineers will continue to partner with the NPS/CHNS this endeavor and
will exercise due caution in placement of the material within the seashore.
Investigations on the impacts of beach disposal on Pea Island are currently being
funded by the U.S. Army Corps of Engineers, Wilmington District, for the Oregon Inlet
Ocean Bar project. The University of North Carolina at Wilmington (UNCW) conducted
a literature review regarding impacts of beach renourishment in the Southeastern
United States (UNCW, 1996). Based on the literature-review, UNCW made
management recommendations to minimize impacts and made recommendations
regarding additional monitoring efforts that may be warranted. The recommendations
of the report have been considered in performing the proposed work.
Based on all available data and the movement of the pipeline within the disposal
area to minimize the buildup of material, impacts to marine and estuarine resources is
expected to be minimal. _
5
6.06 Threatened and Endangered Species The proposed work has been
reviewed for compliance with the Endangered Species Act of 1973, as amended. The
following species may occur in the project area and must be considered:
SPECIES
Red wolf
Red-cockaded woodpecker
Roseate tern
Bald eagle
Peregrine falcon
Seabeach amaranth
West Indian manatee
Leatherback sea turtle
Green sea turtle
Hawksbill sea turtle
Loggerhead sea turtle
Kemp's ridley sea turtle
American alligator
Finback whale
Humpback whale
Right whale
Sei whale
Sperm whale
Shortnose sturgeon
SCIENTIFIC NAME
Canis rufus
Picoides borealis
Stema dougalli/ dougallii
Haliaeetus /eucocephalus
Falco peregrinus
Amaranthus pumilus
Trichechus manatus
Dermoche/ys coriacea
Chelonia mydas
Eretmochelys imbricata
Caretta caretta
Lepidochelys kempii
Alligator mississippiensis
Balaenoptera physalus
Megaptera novaeangliae
Euba/eana glacialis
Balaenoptera borealis
Physeter catodon
Acipenser brevirostrum
STATUS
Experimental Population
Endangered
Endangered
Endangered
Endangered
Threatened
Endangered
Endangered
Threatened
Endangered
Threatened
Endangered
Threatened(S/A)
Endangered
Endangered
Endangered
Endangered
Endangered
Endangered
S/A - similarity of appearance
A small number of red wolves have been introduced into the Alligator River
National Wildlife Refuge, however, the distance from the refuge to the project area is
such that the red wolf would not be impacted by the project.
The red-cockaded woodpecker is a resident of mature (70+ years) pine forests of
the project region. A site visit conducted by the U.S. Army Corps of Engineers on
February 3, 2000 revealed that the project area offers no habitat for this species. As no
habitat for red-cockaded woodpeckers was found, the species-is believed to be absent
from the area, therefore, the proposed action would not affect this species.
The roseate tern is most frequently found in North Carolina as a transient between
March and mid-May in the spring and late July to October in the fall (Potter, et al.,
1980). Currently, nesting by this species in the U. S. is restricted to isolated locales in
New England and Florida. Due to the nonbreeding status in the proposed disposal
area and the abundance of nearby habitat, which would net be affected by the beach
disposal, the proposed project should not affect the roseate tern.
The bald eagle and peregrine falcon would be expected to occur only as migrants
or winter residents within the project area. Due to their mobility, habitat disturbances
resulting from the project should not affect these species. 3.
7
direction. Based on the movement of material within the littoral zone and no material
being placed on the upper beach region, compaction and tilling of the upper beach is
not warranted and could result in unforeseen impacts to nesting sea turtles. Since the
work would be performed by a hydraulic pipeline dredge, which is not known to take
sea turtles, and the work would be scheduled to occur between November 16 and April
30 of any given year, no impacts to sea turtles is anticipated.
The American alligator is listed as threatened due to its "similarity of appearance"
to the endangered crocodile, therefore, the requirements of Section 7 of the
Endangered Species Act do not apply.
Whales occur in North Carolina only in the waters off the coast, outside of the
project impact zone (Cooper et al., 1977). Therefore, the proposed action would not
impact any species of whales.
The shortnose sturgeon ranges along the Atlantic seaboard from the Saint John
River in New Brunswick, Canada, to the Saint Johns River, Florida. It is known from
North Carolina in both the Cape Fear River system and the Great Pee Dee River
system. There are no records of the shortnose sturgeon from the project area. If
shortnose sturgeons are in the project area, they could be forced to leave areas being
dredged, however, due to the mobility of the species, they could easily avoid the slowly
moving dredge cutterhead. The proposed actions are not likely to affect this species.
The piping plover is a species of potential concern near the project area. The
piping plover is a fairly common winter resident along the beaches of North Carolina
(Potter et. al., 1980). The species normally nests on the Atlantic coastal beaches
between April 1 and July 31. However, beach disposal would occur more than 1 mile
from these areas, therefore, no impacts to nesting piping plovers would occur. Due to
the abundance of adjacent beach habitat which would be unaffected by the proposed
maintenance actions, wintering piping plovers are not likely to be affected.
6.07 Archaeological/Historical Resources. The proposed work has been -
coordinated with the North Carolina Department of Culturar Resources, Underwater
Archaeology Unit (UAU), Kure Beach, North Carolina. The proposed disposal of
dredged material on Ocracoke Island has the potential for impacting shipwreck remains.
There is a recorded site, 00100KB, located immediately southwest of the project area
and the potential exists for shipwreck remains to be encountered in the disposal site.
Therefore, as recommended by the UAU, a survey would be conducted of the beach
immediately prior to construction. The contractor would be alerted to the potential for
impacting cultural resources, assuring equipment operators within the disposal area are
alert to potential impacts to cultural resources. The plans and specifications would
reflect this information. I
9 _
State/local flood plain protection standards and Executive Order 11988, Flood Plain
Management, dated May 1977.
7.04 Executive Order 11593 (Protection and Enhancement of the Cultural
Environment). The proposed plan has been evaluated under Executive Order 11593,
Protection and Enhancement of the Cultural Environment. As indicated in Section 6.07,
the work is being coordinated with the N.C. Department of Cultural Resources.
7.05 Executive Order 12898 (Federal Actions to Address Environment
Justice in Minority Populations and Low Income Communities and Low Income
Populations). No impacts to either minority/low income populations or low income
communities are anticipated as a result of this activity.
7.06 Water Resources Development Act of 1976 (P.L. 94-587). The disposal of
dredged materials in areas adjacent to the channel would likely have greater adverse
impacts on wetlands than the proposed beach disposal. Accordingly, no dredged
material will be used for construction of wetlands under the provisions of Section 150 of
the Water Resources Development Act of 1976 (P.L. 94-587).
7.07 Coastal Barrier Resources Act of 1982. The disposal site on Ocracoke
Island is located within the NPS/CHNS which is designated as an area otherwise
protected (NC-03P). Placement of dredged material on Ocracoke Island within the
designated limits would be performed in accordance with the SUP provided by the NPS.
No further coordination under the Coastal Barrier Resources Act of 1982 is required.
7.08 Air Quality. The project is located within the jurisdiction for air quality of the
Wilmington Regional Office of the North Carolina Department of Environment, Health,
and Natural Resources. The ambient air quality for Dare and Hyde Counties has been
determined to be in compliance (attainment area) with the National Ambient Air Quality
Standards. This project is not anticipated to create any adverse effect on the air quality
of this attainment area.
In accordance with 40 CFR 93.153 for nonattainment and maintenance areas,
conformity determinations with the State Implementation Plan are required for Federal
actions if certain exemptions are not met. However, since the project is in an
attainment area, a conformity determination is not required.
7.09 N.C. Coastal Area Management Program. Based on the information
presented within this environmental assessment, the proposed maintenance dredging
and dredged material disposal is consistent with the approved Coastal Management
Program of the State of North Carolina, the Dare County Land Use Plan (1994 update)
and the Hyde County Land Use Plan (1992 update). During coordination of the f A, the
North Carolina Division of Coastal Management will review the information presented
herein and furnish a consistency position on the proposed work. The proposed work
11
• Beach disposal will be scheduled to be performed between November 16 and April
30 to minimize potential impacts on threatened and endangered species.
• The beach disposal area will be incorporated into the on-going seabeach amaranth
surveys conducted by the Wilmington District.
• A Special Use Permit must be obtained prior to commencement of work from the
NPS/CHNS.
• All work will be coordinated with the NPS/CHNS.
• Any changes in the proposed plan will be coordinated with review agencies.
10.00 REFERENCES
Cooper, J. E., S. S. Robinson and J. B. Funderburg, editors. 1977. Endangered and
Threatened Plants and Animals of North Carolina. North Carolina State Museum
of Natural History, Raleigh, North Carolina. 444 pages.
Donaghue, C.R. 1999. The Influence of Swash Processes on Donax variabilis and
Emerita talpoida. Department of Environmental Sciences. University of Virginia.
197 pages.
Ferguson, R.L., J. A. Rivera, and L. L. Wood. 1989. Submerged Aquatic Vegetation in
the Albemarle-Pamlico Estuarine System. National Marine Fisheries Service
(NMFS), NOAA, Project No. 88-10, Beaufort Laboratory, Beaufort, North Carolina.
68 pages.
Hackney, C. T., M. H. Posey, S. W. Ross, and A. R. Norris. 1996. A Review and
Synthesis of Data on Surf Zone Fishes and Invertebratesin the South Atlantic
Bight and the Potential Impacts from Beach Renourishment. University of North
Carolina at Wilmington (UNCW), Wilmington, North Carolina. 111 pages.
Potter, E. P., J. F. Parnell, and R. P. Teulings. 1980. -Birds of the Carolinas. University
of North Carolina Press, Chapel Hill.
U.S. Army Engineer District, Wilmington. 1996. Environmental Assessment for
Maintenance Dredging of Rodanthe, Avon, and Rollinson Channel, Dare County.
North Carolina. 56 pages, including appendices.
13
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%7r...c Rrsi, CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF EGINEERS
REGIONAL PERMIT 198000048
INVOLVING DISPOSAL OF DREDGED MATERIAL ON OCEAN BEACHES WITHIN
NORTH CAROLINA
This General 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 and 15 NCAC 2B .0200
for the discharge of fill material to waters and wetland areas which
are waters of the United States as described in the Wilmington
District's Regional (General) Permit Number 198000048. This WQC is
rescinded when the Regional Permit is reauthorized or when deemed
appropriate by the Director of the Division of Water Quality.
The State of North Carolina certifies that the specified category
of activity will not violate applicable portions of Sections 301, 302,
303, 306 and 307 of the Public Laws 92-500 and 95-217 if conducted in
accordance with the conditions hereinafter set forth.
Conditions of Certification: .
1. Proposed fill or substantial modification of waters or
wetlands or this General Certification requires written
concurrence from the Division of Water Quality;
2• The activity should be conducted in such a manner as to
prevent significant increases in turbidity outside the area
of construction or construction related discharge (increases
such that a turbidity of 25 NTUs or les? is not considered
significant;
The discharge shall be free of toxic substances in violation
of state water quality standards;
4-_ If such activities should take place during periods of high
biological activity (i.e. sea turtle nesting), biological
monitoring may be required at the request of other state or
federal agencies and coordinated with these dredging
activities;
5 If an environmental document is required, this Certification
is not valid until a FONSI or ROD is issued by the State
Clearinghouse; _
5_ - Written concurrence for use of this certification for a
particular project shall expire three years after issuance.
Non-compliance with or violation of* the conditions herein set
forth by a specific fill project shall result in revocation-of this -
Certification for the project and may result in criminal and/or. civil
penalties. -
The Director of the North Carolina Division of Water Quality may
require submission of a formal application for individual
- certification for a -
-- nY project in this category of determined that the project is likely to have a- siactivity, if it is
effect upon water gnificant adverse
quality or degrade the waters so that existing uses
of the wetl .f and or downstream waters are precluded.
Public hearings may be held for specific applications or
applications group of
prior to a certification decision if deemed in the
public's best interest by the Director of the North-Carolina Division.'.-1:,:_`:'"
of Water Quality... -

GENERAL CERTIFICATION FOR EMERGENCY DREDGING
This General 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 15A NCAC 2H, Section .0500 and 15A NCAC 2B
.0200 for emergency maintenance' dredging activities in the coastal
navigable waters of the state when authorized by the Rivers and
Harbors Act of 1899 and which are initiated by the District Engineer
of the Wilmington District of the U.S. Army Corps of Engineers or the
Governor of North Carolina. This Certification replaces Water Quality
Certification Number 1333 and 13228 issued on June 12, 1987. This WQC
can be rescinded when deemed appropriate by the Director of the DWQ.
The State of North Carolina certifies that the specified
category of activity will not violate applicable portions of Sections
301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217 if
conducted in accordance.with the conditions hereinafter set forth.
Conditions of Certification:
1• Activities covered by this General Certification do not
require written concurrence from the Division of Water
Quality (D',nQ) as long as they comply with all conditions of
this General Certification. DWQ staff in the Central and
appropriate DWQ Regional office shall-be contacted verbally
to determine whether this Certification is applicable;
2. This Certification -is applibable only wham the District
Engineer makes the determination that a /rapid response is'
required for frequent and unpredictable, sand .shoals forming
in an authorized channel such that it poses an immediate
.threat to navigation;
3. The U.S. Army Corps of Engineers shall dredge by sidecasting
- - o•r-other means most -readi-ly - a-vai-lable-and-shall dispose -of -
the dredged material in open-water adjacent to the channel,
in a suitable diked upland disposal basin or along the ocean
beaches;
4• That appropriate sediment and erasion control practices
which equal or exceed those outlined in the most recent
edition of the-North Carolina Sediment and Erosion Control
Planning and Design Mamial" or the 'North Carolina Surface
Mining Manual' (available from the Division of Land
Resources in the DEHNR Central and Regional Offices) are
utilized to prevent exceedances of the appropriate turbidity
water quality standard (50 NTUs in streams and rivers not
designated as trout waters by DWQ; 25 NTUs in all saltwater
classes, and all lakes and reservoirs; and 10 NTUs in trout
waters);
5. All sediment and erosion control measures placed in wetlands
or waters shall be?removed and the natural-grade restored
after the Division of Land Resources releases the project;
6• If an environmental document is required, this Certification
is not valid until a FONSI or ROD is issued by the State
- Clearinghouse;
7. The spoil material shall be predominately sand. :The`-';.
turbidity plume shall not impede the free passage of fish
- adjacent to or downstream from the project. This
Certification does: not. relieve the Corps of Engineers.
'or:;' , .: .;
their contractors -trom -potential liability with respect to
any kills of fish or other aquatic life which may result;
8. That additional site-specific conditions may be added to
projects proposed under this Certification in order to
ensure compliance with all applicable water quality and
effluent standards;
9. Two copies of a written report shall be submitted to the DWQ
within 14 days of the dredging activity to document the need
for the dredging and post-depth soundings, and placement of
dredged material.
10. Concurrence from DWQ that this Certification applies to 'an
individual project shall expire three years from the date of
the cover letter from DWQ.
Non?compliance with or violation of the conditions herein-set
forth by a specific fill project shall result in revocation of
this Certification for the project and may also result in criminal
and/or civil penalties-
The Director of the North Carolina Division of Water Quality may
require submission of a formal application for individual
certification for any project in this category of activity, if it is
determined that the project is likely to have a significant adverse
effect upon water quality or degrade the waters so that existing uses
of the wetland or downstream waters are precluded.
Public hearings may be held for specific applications or
group of applications prior to a Certification..decision" if deemed
in the public's best interest by the pirector of the North Carolina
Division of Water Quality.
Effective date: 11 February 1997.
DIVISION OF ENVIRO ENTAL MANAGEMENT
BY
MAINTENANCE OF ROLLINSON CHANNEL
HATTERAS TO HATTERAS INLET SECTION
DARE AND HYDE COUNTIES, NORTH CAROLINA
EVALUATION OF SECTION 404(b)(1) GUIDELINES
40 CFR 230
Section 404 Public Notice No.CESAW-TS-PE-
1. Review of Compliance (230 10(a)-(d)) Preliminary 1/ Final 2/
A review of the NEPA Document
indicates that:
a. The discharge represents the least
environmentally damaging practicable
alternative and if in a special aquatic
site, the activity associated with the
discharge must have direct access or
proximity to, or be located in the aquatic
ecosystem to fulfill its basic purpose (if no,
see section 2 and NEPA document);
b. The activity does not:
1) violate applicable State water quality
standards or effluent standards prohibited
under Section 307 of the CWA; 2) jeopardize-
the existence of federally listed endangered
or threatened species or their habitat; and
3) violate requirements of any federally
designated marine sanctuary (if no, see section
2b and check responses from resource and
water quality certifying agencies);
c. The activity will not cause or contribute
to significant degradation of waters of the
U.S. including adverse effects on human
health, life stages of organisms dependent
on the aquatic ecosystem, ecosystem diversity,
productivity and stability, and recreational,
aesthetic, and economic values (if no,
see section 2);
d. - Appropriate and practicable steps have -
been taken to minimize potential adverse
impacts of the discharge on the aquatic
ecosystem (if no, see section 5).
Proceed to Section 2
*, 1, 2/ See page B-6.
YESI_1 NO1-1* YESI X I N0I_1
YESI_I NOI_I* YESI X I N01-1
YESI_I N01_1* YESI X I N01_1
YESI_I N01_I* YESI X f NOI-I
B-1
Not Signifi- Signifi-
2. Technical Evaluation Factors (Subparts C-F) N/A cant cant*
a.
Physical and Chemical Characteristics
of the Aquatic Ecosystem (Subpart C)
(1) Substrate impacts.
(2) Suspended particulates/turbidity
impacts.
(3) Water column impacts.
(4) Alteration of current patterns
and water circulation.
(5) Alteration of normal water
fluctuations/hydroperiod.
(6) Alteration of salinity
gradients.
Biological Characteristics of the
Aquatic Ecosystem (Subpart D)
(1) Effect on threatened/endangered
species and their habitat.
(2) Effect on the aquatic food web.
(3) Effect on other wildlife (mammals,
birds, reptiles, and amphibians).
c. Special Aquatic Sites (Subpart E)
(1) Sanctuaries and refuges.
(2) Wetlands.
(3) Mud flats.
(4) Vegetated shallows.
(5) Coral reefs.
(6) Riffle and pool complexes.
d. Human Use Characteristics (Subpart F)
(1) Effects on municipal and private
water sup-plies. _
(2) Recreational and commercial
fisheries impacts.
(3) Effects on water-related recreation.
(4) Aesthetic impacts.
(5) Effects on parks, national and
historical monuments, national
seashores, wilderness areas,
research sites, and similar
preserves.
X I I
I I I I
I X
I X I I
I I I I
I I X ? I
I I I I
I X I
I I I I
X I I
I I I I
X I I
I X I
I I I I
I X I
X I I
I X
I_ _X I I
X I I
X I I
X I I
I I
X I I I
I I
I I I I
X I I
I X I
I_ I
I I
I I X I I _
I I
- I I
I I
I I
I - _ I I
- I I
X I
Remarks: Where a check is placed under
the significant category, preparer add explanation below.
Proceed to Section 3
'See page B-6.
B-2
I Evaluation of Dredged or Fill Material (Subpart G) 3/
a. The following information has been
considered in evaluating the biological
availability of possible contaminants in
dredged or fill material. (Check only
those appropriate.)
(1) Physical characteristics .......................................?X?
(2) Hydrography in relation to
known or anticipated
sources of contaminants ...................... . .............. ?X?
(3) Results from previous
testing of the material
or similar material in
the vicinity of the project .....................................
(4) Known, significant sources of
persistent pesticides from
land runoff or percolation .............................. ....... (5) Spill records for petroleum
products or designated
(Section 311 of CWA)
hazardous substances ...................................... I_I
(6) Other public records of
significant introduction of
contaminants from industries,
municipalities, or other
sources .............................................. .
(7) Known existence of substantial
material deposits of
substances which could be
released in harmful quantities
to the aquatic environment by
man-induced discharge activities ...............
(8) Other sources (specify) ................ .
List appropriate references. _
Reference: Main text of this EA
b. An evaluation of the appropriate information in 3a
above indicates that there is reason to believe the -
Proposed dredge or fill material is not a carrier of
contaminants, or that levels of contaminants are sub- _
stantively similar at extraction and disposal sites and
not likely to result in degradation of the disposal site.
The material meets the testing exclusion criteria. YES X I NO
Proceed to Section 4
3/, see page B-6.
B-3
4. Disposal Site Determinations (230 11(fl).
a. The following factors as appropriate,
have been considered in evaluating the
disposal site.
(1) Depth of water at disposal site ................................. IN
(2) Current velocity, direction, and
variability at disposal site ..................................... IXI
(3) Degree of turbulence ........................................ IN
(4) Water column stratification .................. ..................IXI
(5) Discharge vessel speed and
direction ................................. ................ IN
(6) Rate of discharge ......................... ............... .. IXI
(7) Dredged material characteristics
(constituents, amount and type
of material, settling velocities) ................ ................. IXI
(8) Number of discharges per unit of
time .................................... ..................IXI
(9) Other factors affecting rates and
patterns of mixing (specify) .................. ............... ..I I
List appropriate references.
Reference: Main text of the EA.
b. An evaluation of the appropriate factors in
4a above indicates that the disposal site
and/or size of mixing zone are acceptable ........... ........ YES IXI NO
5. Actions to Minimize Adverse Effects (Subpart H).
All appropriate and practicable steps have been taken,
through application of recommendations of 230.70-230.77,
to ensure minimal adverse effects of the proposed _
discharge. List actions taken ................................ YES IXI NO 1_I*
For water quality see Section- 6.01 of the EA. -
For marine and estuarine resources see Section 6.02 of the EA.
For submerged aquatic vegetation see Section 6.03 of the EA.
For wetlands and terrestrial resources see Sections 6.04 and 6.05 of the EA
For threatened and endangered species see Section 6.06 of the EA.
Retum to section 1 for final stage of compliance review. See also
note 3/, page B-6
*See page B-6. -
B-4
6. Factual Determinations (230.11).
A review of appropriate information as identified in
items 2-5 above indicates that there is minimal
potential for short- or long-term environmental
effects of the proposed discharge as related to:
a. Physical substrate at the disposal site

(review sections 2a, 3, 4, and 5). _
YES IXI NO 1_1-
b. Water circulation, fluctuation, and salinity
(review sections 2a, 3, 4, and 5). YES IXI NO 1_1-
c. Suspended particulates/turbidity
(review sections 2a, 3, 4, and 5). YES IXI NO I_I*
d. Contaminant availability
(review sections 2a, 3, and 4). YES IXI NO 1_1-
e. Aquatic ecosystem structure and function YES IXI NO I_I*
(review sections 2b and c, 3, and 5).
f. Disposal site
(review sections 2, 4, and 5). YES IN NO 12
g. Cumulative impact on the aquatic
ecosystem. YES IXI NO 1_I*
. h. Secondary impacts on the aquatic
ecosystem. YES IN NO I_I*
7. Findinqs.
a. The proposed disposal site for discharge of
dredged or fill material complies with the
Section 404(b)(1) guidelines ..................... ............IXI
b. The proposed disposal site for discharge of _
dredged or fill material complies with the _
Section 404(b)(1) guidelines with the -
inclusion of the following conditions: .............. .............
I_I
*See page B-6. -
B-5
c. The proposed disposal site for discharge of
dredged or fill material does not comply with
the Section 404(b)(1) guidelines for the
following respons(s):
(1) There is a less damaging practicable alternative ..................... I_I
(2) The proposed discharge will result in significant
degradation of the aquatic ecosystem ............................
(3) The proposed discharge does not include all
practicable and appropriate measures to minimize _
potential harm to the aquatic ecosystem ........................... I_I
8.
JAMES W. DELONY
Colonel, EN
Commanding
Date: Date:
'A negative, significant, or unknown response indicates that the permit application may not be in compliance
with the Section 404(b)(1) Guidelines.
1/ Negative responses to three or more of the compliance criteria at this stage indicate that the proposed
projects mav not be evaluated using this "short form procedure." Care should be used in assessing
pertinent portions of the technical information of items 2 a-d, before completing the final review of
compliance.
2/ Negative response to one of the compliance criteria at this stage indicates that the proposed project does
not comply with the guidelines. If the economics of navigation and anchorage of Section 404(b)(2) are to be
evaluated in the decision-making process, the "short form evaluation process is inappropriate."
3/ If the dredged or fill material cannot be excluded from individual testing, the "short-form" evaluation
process is inappropriate. _
B-6

US Army Corps
of Engineers.
Wilmington District
r r.? r
y 1,
.:: 7M
WET ANDS GROUP
ER UALITY SECTION
kj?
ENVIRONMENTAL ASSESSMENT
AND
FINDING OF NO SIGNIFICANT IMPACT
MAINTENANCE OF ROLLINSON CHANNEL
HATTERAS TO HATTERAS INLET CHANNEL SECTION
DARE AND HYDE COUNTIES
NORTH CAROLINA

FEBRUARY 2000
ENVIRONMENTAL ASSESSMENT
AND
FINDING OF NO SIGNIFICANT IMPACT
FOR
MAINTENANCE OF ROLLINSON CHANNEL, NORTH CAROLINA
HATTERAS TO HATTERAS INLET CHANNEL SECTION
DARE AND HYDE COUNTIES, NORTH CAROLINA
FEBRUARY 2000
Table of Contents
ITEMS
PAGE NO.
1.00 PURPOSE AND NEED ......................................................................................... 1
2.00 PROJECT LOCATION ........................................................................................... 2
3.00 PROJECT AUTHORIZATION AND HISTORY ...................................................... 2
4.00 PROPOSED ACTION ............................................................................................ 3
5.00 ALTERNATIVES
5.01 Beach Disposal on Hatteras Beach ..........................................3
5.02 N.C. Wildlife Resources Commission, Rollinson Island .................4
5.03 Upland Site at Ocracoke Ferry Terminal ....................................4
5.04 Open Water Disposal ............................................................4
5.05 No Action ............................................................................4
6.00 ENVIRONMENTAL EFFECTS
6.01 Water Resources ............................................................................ . 5
6.02 Marine and Estuarine Resources .................................................... . 5
6.03 Submerged Aquatic Vegetation (SAV) ............................................ 6
6.04 Wetlands ......................................................................................... . 6
6.05 Terrestrial Resources ...................................................................... . 6
6.06 Threatened and Endangered Species ............................................. . 7
6.07 Archaeological/Historical Resources ............................................... . 9
6.08 Recreation and Aesthetic Resources ............................................. 10
7.00 ENVIRONMENTAL CONSIDERATIONS
7.01 Clean WaterAct ...................................................................10
7.02 Executive Order 11990 (Protection of Wetlands) .......................10
ENVIRONMENTAL ASSESSMENT
AND
FINDING OF NO SIGNIFICANT IMPACT
FOR
MAINTENANCE OF ROLLINSON CHANNEL, NORTH CAROLINA
HATTERAS TO HATTERAS INLET CHANNEL SECTION
DARE AND HYDE COUNTIES, NORTH CAROLINA
FEBRUARY 2000
1.00 PURPOSE AND NEED
The proposed action involves the addition of a beachfront disposal site on Ocracoke
Island for the purpose of disposal of dredged material from the Rollinson Channel
project, Hatteras to Hatteras Inlet Channel Section. The project location is shown on
Figure 1. The addition of the Ocracoke beachfront disposal site to the project would
allow placement of dredged material in close proximity to the channel section being
dredged; and provide some protection of North Carolina Department of Transportation
(NCDOT) Highway 12 on Ocracoke Island (Figure 2).
Placement of material within the beachfront disposal site on Ocracoke Island would
allow the material to be placed on the downdrift beach, within the wave uprush zone.
The sand would then be available to migrate southward along Ocracoke Island. The
placement of the material in this manner would not adversely impact the upper beach
zone or dunes of Ocracoke Island.
The beachfront disposal site on Ocracoke Island is located within the National Park
Service, Cape Hatteras National Seashore (NPS/CHNS). After review and
consideration of the proposed action, the NPS/CHNS would provide a Special Use
Permit (SUP) with conditions to be followed during performance of the work.
If all approvals are obtained in a timely manner, the Ocracoke disposal site would be
used in FY 2000 for the disposal of approximately 100,000 cubic yards of beach quality
material from the Federal channel which also serves as the NCDOT Ferry channel.
Work would commence in late to early March and be completed no later than April 30,
2000. Future disposal of material from the channel would occur within the Ocracoke
disposal site or the Hatteras disposal site, depending on coordination with the
NPS/CHNS and location of shoals.
4.00 PROPOSED ACTION
A hydraulic pipeline dredge would accomplish dredging of the Hatteras Inlet to Hatteras
Inlet channel with beach disposal on Ocracoke Island. Material, consisting of beach
quality sediment would be removed to a depth of -14 feet (10 feet project depth, plus 2
feet overdepth and 2 feet of advanced maintenance dredging). The material would be
transported by pipeline to the beachfront of Ocracoke Island and disposed of within the
wave uprush zone. The wave uprush zone is the part of the beach wetted by the
normal wave uprush. The material would be placed at the required elevation
(approximately +6 feet mean-sea-level, m.s.l.), allowing the material to flow naturally
seaward. The designated disposal site begins at a point approximately 5,000 feet
south of Hatteras Inlet and extends southward for approximately 3,000 feet. The
placement of 100,000 cubic yards of material in FY 2000 would be conducted through
the movement of the pipeline approximately 1,000 feet southward within the designated
disposal zone. The positioning of the pipeline would be conducted in such a manner as
to avoid undue buildup of sediment at any one location. The placement of material in
this way would also allow the material to migrate southward toward areas experiencing
high erosion due to recent storms and would not impact the upper beach zone. The
pipeline route would extend from the area to be dredged to the beach via the approved
pipeline route to be determined prior to performing the work. All work would be
conducted outside,the sea turtle moratorium of 1 May to November 15. Placement of
approximately 100,000 cubic yards of material would require approximately 30 days.
A proposed pipeline route from the area being dredged to the Ocracoke disposal site
was delineated by the N.C. Division of Coastal Management and the U.S. Army Corps
of Engineers. The NPS/CHNS has evaluated and approved the pipeline route. The
conditions of the SUP will be adhered to by the contractor. An alternative pipeline route
is shown on Figure 2.
5.00 ALTERNATIVES
In coordination with the NPS/CHNS and other agencies on February 3, 2000, the
Ocracoke Island disposal site was considered as the best alternative. Other alternative
disposal sites evaluated for the proposed work include:
5.01 Beach Disposal on Hatteras Beach. Beach disposal within the designated
beach disposal area on Hatteras is an acceptable alternative to the Ocracoke beach
disposal area and may be used during future maintenance dredging and disposal
events. The Hatteras site is a previously approved disposal site (USACE, 1996) for the
placement of material from Hatteras to Hatteras Inlet Channel. Historically, for the last
15 years, material has been placed within the disposal limits shown on Figure 3. This
site could continue to be used for portions of the channel in closer proximity to Hatteras
Island. The proposed site on Ocracoke is closer to the outer portion of the channel,
affording a shorter pumping distance. Most importantly, the Ocracoke site would return
3
6.00 ENVIRONMENTAL EFFECTS
6.01 Water Resources. The North Carolina water quality classification assigned
to the Pamlico Sound, in the vicinity of the project is SA (15A NCAC 2B .0317). SA
waters are suitable for commercial shell fishing and all other tidal saltwater uses
including primary and secondary recreation, and fish propagation. The area to be
dredged and the beach disposal site are designated as open shellfish waters.
Turbidity associated with dredging and disposal would be short-term in duration
and end following dredging. The sediments in the area are not anticipated to be
contaminated with toxic substances since the site is well removed from any known
sources of pollution and is located within the dynamic inlet complex. No adverse impact
to water quality is expected to occur as a result of the proposed activity.
No impacts to groundwater in the project vicinity would occur as a result of the
proposed action.
6.02 Marine and Estuarine Resources. Waters in the project vicinity provide
habitat for an abundance of estuarine and marine organisms and support both
commercial and recreational fisheries for crabs, clams, oysters, scallops, shrimp, and
finfish. Based on telephone conversations with the North Carolina Division of Health
Services, Shellfish Sanitation Office, and the North Carolina Division of Marine
Fisheries, the dredging window of November 16 to April 30 is acceptable for this
project. The area to be dredged is not a designated primary nursery area and is open
to shellfishing.
The impacts of beach disposal below the limit of wave uprush on marine resources
would be minor and confined to the immediate vicinity of the disposal area and the time
frame in which the disposal occurred. Intertidal benthic invertebrates, including mole
crabs, coquina clams, amphipods, isopods, and polychaetes, would be covered by
dredged material in the beach disposal area. The movement of the pipeline within the
disposal site would allow the material to move southward with constant wave action and
would minimize buildup of material. The movement of the pipeline within the disposal
area, along with information that states that both mole crabs and coquina can burrow
up through approximately 2 feet of fine sand (Donaghue, 1999) should minimize
impacts due to possible smothering of organisms within the surf zone. The estimated
rate of disposal for the project is every 2 to 3 years; however, the estimated frequency
is dependent on shoaling activity within the project area and storm activity. The U.S.
Army Corps of Engineers will continue to partner with the NPS/CHNS this endeavor and
will exercise due caution in placement of the material within the seashore.
Investigations on the impacts of beach disposal on Pea Island are currently being
funded by the U.S. Army Corps of Engineers, Wilmington District, for the Oregon Inlet
Ocean Bar project. The University of North Carolina at Wilmington (UNCW) conducted
5
damage occurs, however, if damage does occur as a result of the proposed project, the
area would be restored and revegetated by the contractor. This requirement is
specified in the plans and specifications for the proposed work. The project would not
impact prime and unique farmland.
6.06 Threatened and Endangered Species The proposed work has been
reviewed for compliance with the Endangered Species Act of 1973, as amended. The
following species may occur in the project area and must be considered:
SPECIES
Red wolf
Red-cockaded woodpecker
Roseate tern
Bald eagle
Peregrine falcon
Seabeach amaranth
West Indian manatee
Leatherback sea turtle
Green sea turtle
Hawksbill sea turtle
Loggerhead sea turtle
Kemp's ridley sea turtle
American alligator
Finback whale
Humpback whale
Right whale
Sei whale
Sperm whale
Shortnose sturgeon
SCIENTIFIC NAME
Canis rufus
Picoides borealis
Sterna dougallii dougallii
Haliaeetus leucocephalus
Falco peregrinus
Amaranthus pumilus
Trichechus manatus
Dermochelys coriacea
Chelonia mydas
Eretmochelys imbricata
Caretta careta
Lepidochelys kempii
Alligator mississippiensis
Balaenoptera physalus
Megaptera novaeangliae
Eubaleana glacialis
Balaenoptera borealis
Physeter catodon
Acipenser brevirostrum
STATUS
Experimental Population
Endangered
Endangered
Endangered
Endangered
Threatened
Endangered
Endangered
Threatened
Endangered
Threatened
Endangered
Threatened(S/A)
Endangered
Endangered
Endangered
Endangered
Endangered
Endangered
S/A - similarity of appearance
A small number of red wolves have been introduced into the Alligator River
National Wildlife Refuge, however, the distance from the refuge to the project area is
such that the red wolf would not be impacted by the project.
The red-cockaded woodpecker is a resident of mature (70+ years) pine forests of
the project region. A site visit conducted by the U.S. Army Corps of Engineers on
February 3, 2000 revealed that the project area offers no habitat for this species. As no
habitat for red-cockaded woodpeckers was found, the species is believed to be absent
from the area, therefore, the proposed action would not affect this species.
The roseate tern is most frequently found in North Carolina as a transient between
March and mid-May in the spring and late July to October in the fall (Potter, et al.,
1980). Currently, nesting by this species in the U. S. is restricted to isolated locales in
New England and Florida. Due to the nonbreeding status in the proposed disposal
area and the abundance of nearby habitat, which would not be affected by the beach
disposal, the proposed project should not affect the roseate tern.
7
The formation of escarpments within the disposal area would not be expected to
occur since the material would be placed at the +6 feet m.s.l. contour and below (area
of wave uprush) and would quickly move within the littoral system in a southerly
direction. Based on the movement of material within the littoral zone and no material
being placed on the upper beach region, compaction and tilling of the upper beach is
not warranted and could result in unforeseen impacts to nesting sea turtles. Since the
work would be performed by a hydraulic pipeline dredge, which is not known to take
sea turtles, and the work would be scheduled to occur between November 16 and April
30 of any given year, no impacts to sea turtles is anticipated.
The American alligator is listed as threatened due to its "similarity of appearance"
to the endangered crocodile; therefore, the requirements of Section 7 of the
Endangered Species Act do not apply.
Whales occur in North Carolina only in the waters off the coast, outside of the
project impact zone (Cooper et al., 1977). Therefore, the proposed action would not
impact any species of whales.
The shortnose sturgeon ranges along the Atlantic seaboard from the Saint John
River in New Brunswick, Canada, to the Saint Johns River, Florida. It is known from
North Carolina in both the Cape Fear River system and the Great Pee Dee River
system. There are no records of the shortnose sturgeon from the project area. If
shortnose sturgeons are in the project area, they could be forced to leave areas being
dredged, however, due to the mobility of the species, they could easily avoid the slowly
moving dredge cutterhead. The proposed actions are not likely to affect this species.
The piping plover is a species of potential concern near the project area. The
piping plover is a fairly common winter resident along the beaches of North Carolina
(Potter et. al., 1980). The species normally nests on the Atlantic coastal beaches
between April 1 and July 31. However, beach disposal would occur more than 1 mile
from these areas, therefore, no impacts to nesting piping plovers would occur. Due to
the abundance of adjacent beach habitat which would be unaffected by the proposed
maintenance actions, wintering piping plovers are not likely to be affected.
6.07 Archaeological/Historical Resources. The proposed work has been
coordinated with the North Carolina Department of Cultural Resources, Underwater
Archaeology Unit (UAU), Kure Beach, North Carolina. The proposed disposal of
dredged material on Ocracoke Island has the potential for impacting shipwreck remains.
There is a recorded site, 00100KB, located immediately southwest of the project area
and the potential exists for shipwreck remains to be encountered in the disposal site.
Therefore, as recommended by the UAU, a survey would be conducted of the beach
immediately prior to construction. The contractor would be alerted to the potential for
impacting cultural resources, assuring equipment operators within the disposal area are
alert to potential impacts to cultural resources. The plans and specifications would
reflect this information.
9
7.03 Executive Order 11988 (Flood Plain Management). No practicable
alternative to the project being located within the flood plain exists. Every effort will be
taken to minimize potential harm within the flood plain. The action is in compliance with
State/local flood plain protection standards and Executive Order 11988, Flood Plain
Management, dated May 1977.
7.04 Executive Order 11593 (Protection and Enhancement of the Cultural
Environment). The proposed plan has been evaluated under Executive Order 11593,
Protection and Enhancement of the Cultural Environment. As indicated in Section 6.07,
the work is being coordinated with the N.C. Department of Cultural Resources.
7.05 Executive Order 12898 (Federal Actions to Address Environment
Justice in Minority Populations and Low Income Communities and Low Income
Populations). No impacts to either minority/low income populations or low income
communities are anticipated as a result of this activity.
7.06 Water Resources Development Act of 1976 (P.L. 94-587). The disposal of
dredged materials in areas adjacent to the channel would likely have greater adverse
impacts on wetlands than the proposed beach disposal. Accordingly, no dredged
material will be used for construction of wetlands under the provisions of Section 150 of
the Water Resources Development Act of 1976 (P.L. 94-587).
7.07 Coastal Barrier Resources Act of 1982. The disposal site on Ocracoke
Island is located within the NPS/CHNS which is designated as an area otherwise
protected (NC-03P). Placement of dredged material on Ocracoke Island within the
designated limits would be performed in accordance with the SUP provided by the NPS.
No further coordination under the Coastal Barrier Resources Act of 1982 is required.
7.08 Air Quality. The project is located within the jurisdiction for air quality of the
Wilmington Regional Office of the North Carolina Department of Environment, Health,
and Natural Resources. The ambient air quality for Dare and Hyde Counties has been
determined to be in compliance (attainment area) with the National Ambient Air Quality
Standards. This project is not anticipated to create any adverse effect on the air quality
of this attainment area.
In accordance with 40 CFR 93.153 for nonattainment and maintenance areas,
conformity determinations with the State Implementation Plan are required for Federal
actions if certain exemptions are not met. However, since the project is in an
attainment area, a conformity determination is not required.
7.09 N.C. Coastal Area Management Program. Based on the information
presented within this environmental assessment, the proposed maintenance dredging
and dredged material disposal is consistent with the approved Coastal Management
Program of the State of North Carolina, the Dare County Land Use Plan (1994 update)
and the Hyde County Land Use Plan (1992 update). During coordination of the EA, the
11
Federal Agencies
Advisory Council on Historic Preservation
Fifth Coast Guard District
Director, Office of Environmental Compliance,
U.S. Department of Energy
Director, Office of Environmental Policy and Compliance,
U.S. Department of Interior
EIS Review Section, U.S. Environmental Protection Agency,
Region IV
Regional Administrator, U.S. Environmental Protection Agency,
Region IV
Federal Highway Administration
Area Director, Forest Service, USDA
Habitat Conservation Division, Beaufort Marine Fisheries Center,
National Marine Fisheries Service
Office of Ecology and Conservation, National Oceanic and
Atmospheric Administration
State Conservationist, Natural Resources Conservation Service, U.S. Department of
Agriculture
Energy and Resources Division, U.S. Department of Interior
U.S. Fish and Wildlife Service
U.S. Department of Housing and Urban Development
National Park Service
State Agencies
North Carolina Division of Water Resources
North Carolina State Clearinghouse
North Carolina Department of Transportation
North Carolina Department of Environment, Health, and Natural Resources
North Carolina State Historic Preservation Officer
North Carolina Wildlife Federation
North Carolina Aquarium at Fort Fisher
Local Agencies
CAMA Officer, Dare County
CAMA Officer, Hyde County
Dare County Oregon Inlet and Waterways Commission
Conservation Groups
Biodiversity Legal Foundation
Center for Environmental Health
13
• All work will be coordinated with the NPS/CHNS.
• Any changes in the proposed plan will be coordinated with review agencies.
10.00 REFERENCES
Cooper, J. E., S. S. Robinson and J. B. Funderburg, editors. 1977. Endangered and
Threatened Plants and Animals of North Carolina. North Carolina State Museum
of Natural History, Raleigh, North Carolina. 444 pages.
Donaghue, C.R. 1999. The Influence of Swash Processes on Donax variabilis and
Emerita talpoida. Department of Environmental Sciences. University of Virginia.
197 pages.
Ferguson, R.L., J. A. Rivera, and L. L. Wood. 1989. Submerged Aquatic Vegetation in
the Albemarle-Pamlico Estuarine System. National Marine Fisheries Service
(NMFS), NOAA, Project No. 88-10, Beaufort Laboratory, Beaufort, North Carolina.
68 pages.
Hackney, C. T., M. H. Posey, S. W. Ross, and A. R. Norris. 1996. A Review and
Synthesis of Data on Surf Zone Fishes and Invertebrates in the South Atlantic
Bight and the Potential Impacts from Beach Renourishment. University of North
Carolina at Wilmington (UNCW), Wilmington, North Carolina. 111 pages.
Potter, E. P., J. F. Parnell, and R. P. Teulings. 1980. Birds of the Carolinas. University
of North Carolina Press, Chapel Hill.
U.S. Army Engineer District, Wilmington. 1996. Environmental Assessment for
Maintenance Dredging of Rodanthe, Avon, and Rollinson Channel, Dare County,
North Carolina. 56 pages, including appendices.
U.S. Army Engineer District, Wilmington. 1997. Finding of No Significant Impact for
Maintenance Dredging of Rodanthe, Avon, and Rollinson Channels, Dare County,
North Carolina. 10 pages.
U.S. Army Engineer District, Wilmington. July 1976. Final Environmental Impact
Statement, Maintenance of Navigation Proiects on Sounds of North Carolina North
Carolina. 258 pages.
15

ON FOR PROJECTS ELIGIBLE FOR CORPS 0
rcEGION&L PERMIT 198000048
INVOLVING DISPOSAL OF DREDGED MATERIAL ON OCEAN BEACHES WITHIN
NORTH CAROLINA
This General 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 and 15 NCAC 2B .0200
for the discharge of fill material to waters and wetland areas which
are waters of the United States as described in the Wilmington
District's Regional (General) Permit Number 198000048. This WQC is
rescinded when the Regional Permit is reauthorized or when deemed
appropriate by the Director of the Division of Water Quality.
The State of North Carolina certifies that the specified category
of activity will not violate applicable portions of Sections 301, 302,
303, 306 and 30-7 of the Public Laws 92-500 and 95-217 if conducted in
accordance with the conditions hereinafter set forth.
Conditions of Certification:
1. Proposed fill or substantial modification of waters or
wetlands or this General Certification requires written
concurrence from the Division of Water Qualitv;
2• The activity should be conducted in such a manner as to
prevent significant increases in turbidity outside the area
of construction or construction related discharge (increases
such that a turbidity of 25 NTUs or lest' is not considered
significant;
The discharge shall be free of toxic substances in violation
of state water quality standards;
4. If such activities should take place during periods of high
biological activity (i.e. sea turtle nesting), biological
monitoring may be required at the request of other state or
federal agencies and coordinated with these dredging
activities;
5- If an environmental document-is required, this Certification
is not valid until a FONSI or ROD is issued by the State -
Clearinghouse;
5. - Written concurrence for use of this certification fo= a
particular project shall expire three years after issuance.
Non-compliance with or violation of
forth the conditions herein set
- by a specific f iI1 project shall result in revocation-of this -
Certification for the project and may result in criminal and/or. civil
penalties. -
The Director of the North Carolina Division of Water Quality may
require submission of a formal application for individual
-----certi€icatioa for any project in this category of activity--if it is -
determined that the project is likely to have a significant adverse
effect upon water quality or degrade the waters so that existing uses
_ of the wetland or downstream waters. are precluded.
Public hearings . may be held for specific applications
applications or group •of=`:..?"??:,??,
prior to a certification decision if deemed in the
publicls best interest by the Director of the North-Carolina Di`vision,'.:':`'?'` `
of Water -
Quality.•.:..: _

GENERAL CERTIFICATION FOR EMERGENCY DREDGING
This General 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 15A NCAC 2H, Section .0500 and 15A NCAC 2E3
.0200 for emergency maintenance dredging activities in the coastal
navigable waters of the state when authorized by the Rivers and
Harbors Act of 1899 and which are initiated by the District Engineer
of the Wilmington District of the U.S. Army Corps of Engineers or the
Governor of North Carolina. This Certification replaces Water Quality
Certification Number 1333 and 1322R issued on June 12, 1987. This WQC
can be rescinded when deemed appropriate by the Director of the DWQ.
The State of North Carolina certifies that the specified
category of activity will not violate applicable portions of Sections
301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217 if
conducted in accordance with the conditions hereinafter set forth.
Conditions of Certification:
1- Activities covered by this General Certification do not
require written concurrence from the Division of Water
Quality (D4Q) as long as they comply with all conditions of
this General Certification. DWQ staff in the Central and
appropriate DWQ Regional Office shall-be contacted verbally

2 to determine whether this Certification is applicable;
• This Certification -is applicable only wh7n the District-
Engineer makes the determination that a /rapid response is
required for frequent and unpredictable sand shoals forming
in an authorized channel such that it poses an immediate
threat to navigation;
3. The U.S. Army Corps of Engineers shall dredge by sidecasting
--------- ._---sr-other means most -readily; avai-lable-.and-shall dispose-of
-
the dredged material in open-water adjacent to the channel,
in a suitable diked upland disposal basin or-along the ocean
beaches;
4. That appropriate sediment and erosion control practices
-
which equal or exceed those outlined in the most recent
edition of the-North Carolina Sediment and Erosion Control
Planning and Design Manual' or the "North Carolina Surface
Mining Manual" (available from the Division of Land .
Resources in the DEHNR Central and Regional Offices). are
- utilized to prevent exceedances of the 4ppropriate turbidity
water quality standard (50 NTUs in streams and rivers not
designated as trout waters by DWQ; 25 NTUs in all saltwater

- classes, and all lakes and reservoirs; and 10 NTUs in trout
waters);
5. All sediment and erosion control measures placed in wetlands -
or waters shall be..removed and the natural-grade restored-

6 after the Division of Land Resources releases the project;
. If an environmental document is required, this Certification
is not valid until a FONSI or ROD is issued by the State
- Clearinghouse;
%. The spoil material shall be predominately sand. :The',
:.:?
.
turbidity plume shall not impede the free passage of fish-
- adjacent to or downstream from the project. 'This
r

_ .,
Certification does:not relieve the .. :-
Coxes of Engineers,
?or-:-. :u;..
MAINTENANCE OF ROLLINSON CHANNEL
HATTERAS TO HATTERAS INLET SECTION
DARE AND HYDE COUNTIES, NORTH CAROLINA
EVALUATION OF SECTION 404(b)(1) GUIDELINES
40 CFR 230
Section 404 Public Notice No.CESAW-TS-PE-00-0004
1. Review of Compliance (230.10(a)-(d)) Preliminary 1/ Final 2/
A review of the NEPA Document
indicates that:
a. The discharge represents the least
environmentally damaging practicable
alternative and if in a special aquatic
site, the activity associated with the
discharge must have direct access or
proximity to, or be located in the aquatic
ecosystem to fulfill its basic purpose (if no,
see section 2 and NEPA document);
b. The activity does not:
1) violate applicable State water quality
standards or effluent standards prohibited
under Section 307 of the CWA; 2) jeopardize
the existence of federally listed endangered
or threatened species or their habitat; and
3) violate requirements of any federally
designated marine sanctuary (if no, see section
2b and check responses from resource and
water quality certifying agencies);
c. The activity will not cause or contribute
to significant degradation of waters of the
U.S. including adverse effects on human
health, life stages of organisms dependent
on the aquatic ecosystem, ecosystem diversity,
productivity and stability, and recreational,
aesthetic, and economic values (if no,
see section 2);
Appropriate and practicable steps have
been taken to minimize potential adverse
impacts of the discharge on the aquatic
ecosystem (if no, see section 5).
Proceed to Section 2
*, 1, 2/ See page B-6.
YES1
_I N01_1* YES1 X I N01_1
YESL I N01_1* YES X N01_1
YESQ N01_1* YES1 T J N01_I
YESI_1 N01_1* YES1 X I N01_1
B-1
considered in evaluating the biological
availability of possible contaminants in
dredged or fill material. (Check only
those appropriate.)
(1) Physical characteristics .......................................IX?
(2) Hydrography in relation to
known or anticipated
sources of contaminants ..................................... IXI
(3) Results from previous
testing of the material
or similar material in _
the vicinity of the project ..................................... 1-1
(4) Known, significant sources of
persistent pesticides from
land runoff or percolation .....................................
(5) Spill records for petroleum
products or designated
(Section 311 of CWA)
hazardous substances .......................................I_I
(6) Other public records of
significant introduction of
contaminants from industries,
municipalities, or other
sources ................................................ I_I
(7) Known existence of substantial
material deposits of
substances which could be
released in harmful quantities
to the aquatic environment by
man-induced discharge activities ............... ................I_I
(8) Other sources (specify) ...................................... I_I
List appropriate references.
Reference: Main text of this EA
b. An evaluation of the appropriate information in 3a
above indicates that there is reason to believe the
proposed dredge or fill material is not a carrier of
contaminants, or that levels of contaminants are sub-
stantively similar at extraction and disposal sites and
not likely to result in degradation of the disposal site. _
The material meets the testing exclusion criteria. YES I X I NO -I'
Proceed to Section 4
', 3/, see page B-6.
4. Disposal Site Determinations (230.11(f)).
a. The following factors as appropriate,
have been considered in evaluating the
disposal site.
B-3
b. Water circulation, fluctuation, and salinity
(review sections 2a, 3, 4, and 5). YES IXI NO I_I*
c. Suspended particulates/turbidity _
(review sections 2a, 3, 4, and 5). YES IXI NO I_I*
d. Contaminant availability _
(review sections 2a, 3, and 4). YES IXI NO I_I*
e. Aquatic ecosystem structure and function YES IXI NO I_I*
(review sections 2b and c, 3, and 5).
f. Disposal site
(review sections 2, 4, and 5). YES IXI NO
g. Cumulative impact on the aquatic _
ecosystem. YES IXI NO
h. Secondary impacts on the aquatic
ecosystem. YES IXI NO I_I*
7. Findin s.
a. The proposed disposal site for discharge of
dredged or fill material complies with the
Section 404(b)(1) guidelines ................... .............. IXI
b. The proposed disposal site for discharge of
dredged or fill material complies with the
Section 404(b)(1) guidelines with the
inclusion of the following conditions: ............ ...............
I_I
*See page B-6.
B-5
. 1
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Figure 1
A CESAW-TS-PE-00-0004
PUBLIC NOTICE
AND
NOTICE OF AVAILABILITY
ENVIRONMENTAL ASSESSMENT
AND
FINDING OF NO SIGNIFICANT IMPACT (EA/FONSI)
FOR
MAINTENANCE OF ROLLINSON CHANNEL
HATTERAS TO HATTERAS INLET CHANNEL SECTION
DARE AND HYDE COUNTIES
TO WHOM IT MAY CONCERN: The U.S. Army Corps of Engineers, Wilmington District,
(Corps) is preparing to perform maintenance dredging of Rollinson Channel, Hatteras to Hatteras Inlet
Channel Section, Dare and Hyde Counties, North Carolina (Figure 1). The need to remove the shoal
within the Federal channel is urgent to allow safe passage of the Hatteras Ferry, as well as other
commercial and recreation vessels. The present average depth within the channel is approximately -7
feet mean-low-water. Accomplishment of work in FY 2000 will be performed through coordination and
partnership with the North Carolina Division of Water Resources (NCDWR), the National Park Service,
Cape Hatteras National Seashore (NPS/CHNS), and other review agencies.
The proposed action requires contracting a hydraulic pipeline dredge to begin work no later than
early April and complete work by April 30, 2000. The work in FY 2000 will be accomplished by a
contract dredge under the supervision of the NCDWR in coordination with the Corps. Approximately
100,000 cubic yards of fine to medium beach quality sand will be removed from the Federal channel to
allow the safe passage of vessels, including the Hatteras Ferry. Dredged material will be removed to a
depth of -14 feet mean-low-water (10 feet project depth, plus 2 feet overdepth and 2 feet advanced
maintenance dredging), and transported, via pipeline, to the oceanfront beach of Ocracoke Island (Figure
2). Dredged material will be placed within the wave uprush zone at or below the +6 feet mean-sea-level
elevation. The wave uprush zone is the part of the beach wetted by the normal wave uprush. Placement
of the material in this manner will allow the material to be influenced by wave action and transported
seaward. No material will be placed on the upper beach.
The designated disposal site begins at a point approximately 5,000 linear feet south of Hatteras Inlet
and extends southward for approximately 3,000 linear feet. The placement of 100,000 cubic yards of
material in FY 2000 will occur within approximately 1,000 linear feet of the disposal limits. The
February 29, 2000

X.' s t,RGUO
'rTER,?l1F?LI? ? SECTION
disposal limits are shown on Figure 2.
The decision whether to perform this work will be based on an evaluation of the probable impact,
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 benefits, 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. These factors include: conservation; economics; aesthetics; general
values; flood hazards; flood plain values; 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.
This public notice, along with the EA/FONSI, is being distributed to all known interested persons
for 15-day review and comment. For accuracy and completeness of record, all data in support of or in
opposition to the work should be submitted in writing, setting forth sufficient detail to support
convictions. Any person who has an interest which may be affected by the proposed project may request
a public hearing. The request must be submitted in writing to the District Engineer within 15 days of the
date of this notice and clearly set forth the interest which may be affected and the manner in which the
interest may be affected by this activity. All correspondence should refer to the title, number, and date of
this notice. For further information, please contact Ms. Trudy Wilder, Environmental Resources Section,
U.S. Army Corps of Engineers, Post Office Box 1890, Wilmington, North Carolina 28402-1890, by
telephone [phone], by fax: [phone] or by e-mail at: [e-mail].
a22-.J
BEN F. WOOD, P.E.
Chief, Technical Services Division
Enclosures
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Scale is miles
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