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HomeMy WebLinkAbout19970176 Ver 1_COMPLETE FILE_19970206State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P. E., Director APPROVAL of 401 Water Quality Certification Col. Terry Youngbluth U.S. Army Corps of Engineers Wilmington District P.O. Box 1890 Wilmington, NC 28402-1890 Dear Col. Youngbluth: A&4? ?EHNFi March 13, 1997 Dare County WQC 401 Project #970176 You have our approval, in accordance with the attached conditions, to conduct maintenance dredging and beach disposal or waters for the purpose of removing shoals and refurbishing the beach at Rodanthe, Avon or Rollinson Channels or disposing of the material from Rollinson Channel in an upland diked disposal basin, as you described in your revised application dated 12 March 1997. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Numbers 3123, 3120 or 3105. This Certification replaces one issued on 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 project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification. In addition, you should get any other federal, state or local permits before you go ahead with your project. Also this approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. 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 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-1786. S' c lyAHo `n ? y tod,, Jr Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Washington Field Office Washington DWQ Regional Office Mr. John Domey Central Files Jenny Owen; Corps of Engineers Joe Lassiter; Quible & Associates 970176.1tr Division of Water Quality • Environmental Sciences Branch Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper ?LJiYM w UT ?Numbeq- 1 -y ®SECYOU ! WIL CLu[LL? ® SEE YOD y _, U`RGE, r DEPARTMENT OF THE ARMY rt {` `; WILMINGTON DISTRICT, CORPS OF ENGINEERS, F. P.O. BOX 1890 I ' " ? WILMINGTON, NORTH CAROLINA 28402-1890 DEC 2 7 08 IN REPLY REFER TO g j tNA WETLANDS GROUP CESAW-EP-PE-97-28-0006 Dew ? yr _ '' PUBLIC NOTICE and NOTICE OF AVAILABILITY ENVIRONMENTAL ASSESSMENT (EA) FOR MAINTENANCE OF RODANTHE, AVON, AND ROLLINSON CHANNELS DARE COUNTY, NORTH CAROLINA, DECEMBER 1996 TO WHOM IT MAY CONCERN: The Wilmington District, U.S. Army Corps of Engineers is preparing to perform maintenance dredging of the Rodanthe and Rollinson channels (Attachment 1). Due to severe shoaling, these two projects located in Pamlico Sound along the Outer Banks of North Carolina require maintenance dredging to restore the channels to their previously authorized project depths. The recommended plan includes the dredging of the channels and harbors at Rodanthe and Rollinson. The sandy, coarse-grained dredged material from the outer portions of the channels will be placed in the designated beach disposal sites. During some maintenance dredging events, such as the upcoming dredging, the coarse- grained material from Rodanthe will be stockpiled in an upland area on the east side of Highway 12, 1.5 miles north of Rodanthe Harbor, using the control-of-effluent method of disposal. The material will then be hauled by the North Carolina Department of Transportation (NCDOT) to areas along Highway 12 that are susceptible to beach washover. Fine-grained, muddy material from the inner portions of the Rollinson and Rodanthe channels and all harbor material will be placed within the previously used upland diked disposal sites that are adjacent to the Rollinson and Rodanthe Harbors. Although dredging of the Avon Channel is addressed in the Environmental Assessment (EA) for Maintenance of Rodanthe, Avon, and Rollinson channels Dare CountV, North Carolina, December 1996, the Avon project will not be dredged in FY 1997. Dredging will be accomplished by a hydraulic pipeline dredge and material will be removed to a depth of 8 feet below mean low water (mlw) (-6 feet mlw plus 2 feet overdepth). A dredging contractor will be selected by competitive bidding and dredging will begin in February 1997 and be completed by April 30, 1997. This proposed action will result in the excavation of 118,000 cubic yards of material from Rodanthe and 300,000 cubic yards from Rollinson. The above referenced EA, which addresses the potential environmental impacts of the proposed work, is being circulated for 30 day public review concurrently with this Public Notice. Based on comments received during the review period, it is anticipated that a Finding of No Significant Impact (FONSI) will be prepared. A letter dated August 16, 1995, was sent to the North Carolina Division of Environmental Management (NCDEM) requesting that a general water quality certification, pursuant to Section 401 (PL 95-217), be issued for disposal of dredged material on ocean beaches in North Carolina. To date, a draft version of this general certification has been completed, however, a final version has not. The proposed beach disposal would be covered under this general certification, when it is finalized. A Section 404(b)(1) (PL 95-217) Evaluation and Statement of Findings has been prepared and signed and is included as Appendix B of the EA. Special Use Permits for beach disposal and control-of-effluent disposal alongside Highway 12 will be obtained. The proposed beach disposal sites for the Rodanthe and Rollinson channels are located within the boundaries of the Cape Hatteras National Seashore, therefore, the National Park Service will issue Special Use Permits for those areas. Pursuant to Section 401 of the Clean Water Act of 1977, as amended, a Water Quality General Certification (WQC #3024) for Corps of Engineers dredging activities using upland diked disposal sites was issued on September 6, 1995. A letter requesting that the proposed sites at Rodanthe and Rollinson be included under General Certification No. 3024 will be sent to the NCDEM concurrently with the EA and Public Notice. An updated Section 404(b)(1) Evaluation and Statement of Findings has been completed and signed and is included as Appendix C of the EA. A Section 401 Water Quality Certificate (WQC) will be,required for the control-of- effluent disposal of dredged material from the Rodanthe channel. A letter requesting that a Section 401 WQC be issued for this work is being sent to the NCDEM concurrently with the EA and Public Notice. An updated Section 404(b)(1) Evaluation and Statement of Findings for this method of disposal has been completed and signed and is included as Appendix D of the EA. The Highway 12 site for Rodanthe is located within the boundaries of the Pea Island National Wildlife Refuge, therefore, the U.S. Fish and Wildlife Service (USFWS) will issue a Special Use Permit for that area. The proposed action has been evaluated for adherence to the requirements of Executive Order 11988, Flood Plain Management. The proposed action is located within the 100-year flood plain; however, there are no feasible upland alternative sites. Adverse impacts to natural flood plain resources have been minimized; therefore, the proposed action complies with all applicable State and local flood plain ordinances and with Executive Order 11988. The proposed project has been evaluated under Executive Order 11990, Protection of Wetlands. The only wetlands that would have the potential to be impacted by the proposed project are those associated with the upland diked disposal areas. As discussed in the EA, the proposed disposal sites are flanked by wetland 2 areas, however, all dredged material will be placed in the upland portions of the disposal sites. Therefore, the proposed work will not impact wetlands. The project will not impact species currently on the Federal list of threatened or endangered species. No archaeological or historical resources would be affected by the proposed maintenance dredging or the disposal of the dredged material in the upland diked disposal sites or in the Highway 12 site. The area to be dredged is a previously dredged channel and the upland disposal areas have been previously utilized for dredged material disposal. Impacts from vehicles and construction equipment used in placing dredged material on the beaches are discussed in the following paragraphs. Project requirements have been coordinated with Richard Lawrence, Chief, Underwater Archaeology Unit (UAU), Office of State Archaeology, Division of Archives and History, North Carolina Department of Cultural Resources. According to Mr. Lawrence, the beach disposal areas occur within two archaeological subdivisions of the coast: North Hatteras Beach, extending from Cape Hatteras to Pea Island and South Hatteras Beach, extending from Cape Hatteras to Ocracoke. The UAU site files list 25 wrecks for the North Hatteras Beach unit and 3 wrecks for the South Hatteras Beach unit. Of the southern wrecks, one is within a proposed disposal area, 0003SHB, recorded January 1995. There are other wrecks known to exist on the beach and offshore of both areas but none are believed to be in the area of effect. The greatest threat to this wreck is impact by heavy equipment operating on the beach. Disposal, per se, is not regarded as a threat. In order to assure that damage does not occur, the following steps will be taken: 1) Sometime during the winter of 1997, prior to dredging, the known wreck will be visually relocated. Compass bearings and tape measurements will then be taken from established or recoverable datum points so that the wreck location can be reestablished just prior to beach disposal. This is necessary because the wreck is likely to be naturally covered with sand within a few months of their initial recording. 2) A few weeks prior to project maintenance, the wreck or its documented location will be relocated and flagged so that it can be avoided by heavy equipment. In addition, other portions of the project area will be visually inspected to assure that no other wreckage has been uncovered in the interim between location documentation and project construction. Any new wreck finds will be flagged for avoidance. The proposed action is being coordinated with the North Carolina Division of Coastal Management for a consistency determination with the North Carolina Coastal Area Management Act. A list of Federal, State, and local agencies with whom this activity is being coordinated is included as Attachment 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, among those are 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 is being distributed to all known interested persons concurrent with performance of work. 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 30 days of the date of this notice and must 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 or to receive a copy of the EA, contact Ms. Jenny Owens, Environmental Resources Section, U.S. Army Corps of Engineers, Post Office Box 1890, Wilmington, North Carolina 28402-1890, telephone (910) 251-4757. ?figbColonrmy Xistrie y aine er Attachments 4 L ryy? '' ty ? '? `. Sound I i ,YRRELL r N ' DARE s t t DE 0 ,/CARTERET R. PROJECT LOCATION RODANTHE AND ROLLINSON (HATTERAS) CHANNELS Scale in miles S 0 S io mil 1?f t, t Opp tS A Go t t 4°' t HATTERAS (ROLLINSON CHAN a ii ac k rv?e r, 4- 1 List of Federal, State, and Local 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 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 CAMA Officer, Dare County Cape Fear Community College Cape Fear River Research Institute Dare County Oregon Inlet and Waterways Commission Center for Environmental Health Conservation Council of North Carolina Environmental Defense Fund American Rivers National Audubon Society Attachment 2 • List of Federal, State, and Local Agencies (cont.) National Wildlife Federation North Carolina Coastal Federation North Carolina Wildlife Federation Sierra Club Librarian, North Carolina Department of Environment, Health, and Natural Resources State Library of North Carolina Randall Library, UNC-Wilmington UNC-Chapel Hill Library Joyner Library, East Carolina University All U.S. Senators and Representatives for the State of North Carolina Dare County Board of Commissioners County Manager, Dare County Town Managers Mayors Postmasters 2 Attachment 2 D L,, Q ENT OF Tye/ZF 9 ql 7 S '1fgRCH ,$a ?-e United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 January 24, 1997 Lieutenant Colonel Terry R. Youngbluth District Engineer U.S. Army Corps of Engineers P.O. Box 1890 Wilmington, North Carolina 28402-1890 RF0,F/EEL L1QN ; Dear Colonel Youngbluth: This is the report of the U.S. Fish and Wildlife Service (Service) on the Environmental Assessment (EA) for Maintenance Dredging of Rodanthe, Avon, and Rollinson Channels, Dare County, North Carolina. This EA was announced in Public Notice (PN) ID #CESAW-EP-PE-97-28-0006, dated December 19, 1996. This report is submitted in accordance with the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d), and Section 7 of the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531-1543). According to information provided in the EA and PN, the Wilmington District, U. S. Army Corps of Engineers (Corps) proposes to perform maintenance dredging on the named channels. Sandy dredged material from the Rollinson and Avon channels which is suitable for beach disposal would be placed in designated disposal sites on nearby beaches. Sandy material from the Rodanthe project would be placed in the designated beach disposal site near the town or in an upland disposal site 1.5 miles north of Rodanthe Harbor on Pea Island National Wildlife Refuge (PINWR). Non-sandy dredged material from Rodanthe and Rollinson Harbors would be placed in upland diked disposal areas. The total amount of material expected to be dredged is approximately 618,000 cubic yards (cy). The PN states that only work at Rodanthe and Rollinson Channel would be done in fiscal year 1997. This work would begin in February 1997 and be completed by April 30, 1997. The purpose and need for this work are given in the introduction of the EA. The alternatives considered by the Corps are given in Section 4 of the EA. The Service considers these section adequate. Wetlands and Submerged Aquatic Vegetation (SAV) The EA states (pp. 11-12) that no wetlands would be impacted by the proposed dredging. However, some wetlands adjacent to the upland diked disposal areas "have the potential to be impacted." The EA does not specify the nature of any impacts, but the possibility of excessive sediment runoff from the disposal areas is a cause for concern. The Service recommends that the Corps identify all potential adverse impacts to project area wetlands and describe the measures which would to be used to mitigate these impacts. The EA indicates (p. 10) that some SAV areas could be adversely affected. The Service agrees with the benefits provided by SAV which are given in the EA, and we consider these areas to have very high value to fish and wildlife resources. The EA does not quantify the expected loss of SAV areas. The Service recommends that the Corps develop a quantitative assessment of SAV which will be loss as a direct result of the project and develop a plan for compensatory mitigation. Disposal on Pea Island National Wildlife Refuge Current project plan calls for the disposal of all beach quality dredged material (>90% sand) from the Rodanthe channel (total of 118,000 cy) at a 12-acre, upland site approximately 1.5 miles north of Rodanthe and within PINWR. The EA states (p. 5) that this disposal plan has been approved by all concerned agencies, including the Service. While the Service would not object to the placement of beach quality sand in the designated disposal area, personnel of the PINWR are concerned that current sediment evaluation procedures may not be sufficient to ensure the compatibility of the dredge material for use on the refuge (Dennis Stewart, PINWR, personal communication, January 13, 1997). At the present time, the Service is consulting with Dr. Robert Dolan and seeking clarification on the sediment evaluation procedures (Dwight Cooley, PINWR, personal communication, January 23, 1997). The Service cannot support the proposed disposal plan until the compatibility of the dredged material for use on the refuge is conclusively established. We encourage the Corps to continue coordination with personnel at PINWR to ensure that disposal does not adversely impact refuge resources or operations. Section 7 Section 5.06 of the EA considers project impacts on species protected by the ESA. The Service's primary concern involves potential impacts to sea turtle nesting which may occur on North Carolina beaches from May 1 through September 30. The Corps should note that the ending date of actual sea turtle nesting is September 30, not August 30 as noted in the PN. The PN states that the work would occur from February through April 30, 1997. The Service is pleased that the Corps is endeavoring to avoid adverse impacts to sea turtles. We agree that the seasonal limits for beach disposal are satisfactory. In addition, the Corps needs to ensure that their beach disposal does not render these areas unsuitable for sea turtle nesting due to compaction or the formation of escarpments. The PN states that the project will not impact species currently on the federal list of threatened or endangered species. Based on the information in the EA, the Service concurs that this project is not likely to adversely affect any federally-listed endangered and threatened species, their formally designated critical habitat, or species currently proposed for federal listing under the ESA, as amended. Therefore, we believe that the requirements of Section 7 of the ESA have been satisfied. We remind you that obligations under Section 7 consultation must be reconsidered if: (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered; (2) this action is subsequently modified in a manner that was not considered in this review; (3) a new species is listed or critical habitat determined that may be affected by the identified action. Summary The EA states (p. 21) that the Corps anticipates that a Finding of No Significant Impact (FONSI) will be prepared for this project. At the present time, the Service cannot support such a finding until the concerns discussed above have been thoroughly addressed and suitable conservation measures are incorporated into project plans. The Service appreciates the opportunity to comment on this project. If you have any questions regarding these comments, please contact Howard Hall at 919-856-4520, ext.27. Sincerely, YJ'o hnM. H ner perviso FWS/R4:HHall:1/24/97:WP:A:dare.197 State of North Carolina Department of Environment, Health and Natural Resources James a Hunt, Jr., G ovemor Jonathan & Howes, Secretary Steven J. Levitas, Deputy Secretary T4 ?EHNF? Division of Water Quality Environmental Sciences Branch 4401 Reedy Creek Road Raleigh, N.C. 27607 FAX:(919) 733-9959 FAX TO: a6 Z,. s.s; ?,, I FAX NUMBER: qI - ;26, -/.?6d FROM: &r f P: ce PHONE: q ly-- 773-I 9A- NO.OF PAGES INCLUDING THIS SHEET: a ..-, k Mail Completed Application to! pivisi0n of Water Quality NC Department of Environmentr Health, and Natural Resources 4401 Reedy Creek Rd., Raleigh. NC 27607-6445• ATTN: MR. JOHN DORNEY Ph. (919) 733.1786 DEM ID: U.S. ARMY CORPS OF ENGINEERS APPLICATION FOR 401 WATER QUALITY CERTIFICATION 1. DATE: March 6, 1997 2. NAMEIADDRES.S.: U.S. Army Corps of Engineers Wilmington Distdct ,°,n ;.;,,.• ..Id?MRir, M .f x,;•4vA ., l,b.??», .h 4:ak„'S7.k aa. r?.. d?i.eS •.1ru•,iw. Yi6w??., ?b?i;oi lEdT}56 )• ?el?V?iiVa iQ+a iu?e+s`yV??d. ,u o4i 4r;1., {r ad oi. 4)+;,;h dt•i..N ,,.,. ,.a h,4k1h it i Wilmington, North Carolina 28402-1890 3. RESPONSIBLE INDMOUAL: Terry R. Youngbluth Colonel. U.S. Army District Engineer 4. INAAME OF CORPS OF ENGINEERS CONTACT: Jenny Owens TELEPHO?? HUMBER: (914) 261-4757 5. TYPE OF APPLICATION: New Application 6. PROJECT NAME: Maintenance dredging of Rodanthe, Avon, and Rollinson Channels as discussed in the Environmental Assessment (EA)l for Maintenance Dredqinq of Rodanthe. Avon. and Rollinson Channels. Dare nnty. North Carolina. Decembe 7. DESCRIPTION QF PROPOSED WORK: The proposed action covers the dredging and disposal of dredged material from the Rollinson, Avon, and Rodanthe Channels, Dare County, North Carolina. The proposed dredging would >,e perrormed by a hydraulic pipeline dredge and the coarse-grained (sandy) material from the channel would be placed in the designated beach disposal areas. The proposed action is described in detail in Section 3.00 of the above-referenced EA. 8. PURPOSE OF PROPO,SEP_WMK: Severe shoaling in the subject channels severely limits navigability to recreational and commercial vessels. Maintaining the channels to their previously authorized depths would alleviate this problem. In addition, the proposed method of disposal would provide badly needed sand to the designated beaches- 9. PROPOSED ACTIVITY I :Q IN: February 1997 10. DURATION OF ACTIVITY: 90 days 11. DISCHARGE-4F: X Dredged Material _ Fill Material 12. LCEITION OF DISCHARGE Municipality; Rollinson, Avon, and Rodanthe, North Carolina County: Dare Drainage Basin: Tar-Pamlico Basin Receiving Waters: Atlantic Ocean / J 'k I'HR-ki f-177 f 14 - DO USHk_r_ W 1 U'I 1 NU I UN 13. NATURE OF RECEIVING WATERS: Type: Coastal Nature: Salt Direction of Flow: Variable r. W4/b4 14. TYPE OF DISCHARGE INCLUDING CHEMICAL COM.P{?IC?N: The material proposed for discharge is naturally occurring coarse-grained to fine-grained sand and is not contaminated or polluted. 15. PROJECTED FUTURE VARIATION-IN THE NATURE OF THE DISCHARGE: None. 16. IS THIS PROJECT LQCATED IN A WATERSHED CLASSIFIED AS .,A HQW. OR 0R1N.? X YES (circle one) NO 17. NUMBER OF ACRES OR VOLUME OF WETLANDS IM_ PACTED BY THg PRQPQSED PR„ sQAECT: Filled: None Excavated: None A;T? ,ll P g d done 18. STATE REASONS WHY THg APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE Q_ IRRIF& OUT AS PLANNED. ALSO. NOTE-MEASURES _TAKEN TO MINIMIZE WETLAND IMPACTS: Maintenance dredging of the subject channels is necessary to restore them to navigable depths. The proposed method and location of disposal will provide sand to the designated beach areas. Any dredge pipeline that must cross over wetlands will be burlapped and welded to provide protection from leakage. 19. HAVE ANY SECTION 40i GE. TIFIQATES BEEN PREVIOUSLY REQUESTED FOR USE ON >LkiIS PROPE133YT YES -1, NO IF YES. EXPLAIN: 1 certify that all information contained herein or in support thereof is true and correct to the best of my knowledge. r.g g?; r'/? C_ E. Shufo , Jr., RV/ Acting Chief, Engineering and Planning Division Date: 7 Attachments For prompt processing, submit: "Seven (7) copies of completed application "Drawings of proposed dredge and disposal sites 'Copies of previous 401 Certifications TOTAL P.04 . To '•;. ? y % t ? '` / i e Da e".?•- ? `? ? 3?? ? . V1F1-111 R E O Urt r r ? 3- Area God , b"?r'? ,` ? Ex?t'e Sion +. w ?ELEPON D !WM P A E CALL ` ? - S , - 2 G ALLE0.?3T,®SE, © ?LLC 4LL AGAI x p g? MAO S ENT ;. -''s Sla DT QED O qLL ` r f G ?' '1 ? + r A f r "` q f - ? 2 Y . 4 1us ?MeSS'age . 4 , V H Yi RCN C?l!i. '!,. ?- is ?? # ' ys t .Operator -r ? 3y 7°' ? ,. FICIENGI t- _?- ? ;?^ MAR.-12'97(WED) 10:59 QCIBLE&ASSQCIATES TEL:9192611260 P. 001 QUIBLE AND ASSOCIATES, P.C. c0 Engineers - Environmentalists Planners FACSIMILE TRANSMITTAL TO: ?e - vvlLe '-Tr'! - -7 3 3 - qq. . FROM: DATE: S 62-2 --TOTAL NUTABER OF PA ES: (including this page AS REQUESTED EED RESPONSE A.S.A.P. -FOR YOUR INFORMATION PLEASE PHONE TO DISCUSS FOR REVIEW AND COMMENT PLEASE SIGN AND RETURN FOR CONSIDERATION AND -PLEASE REPLY VIA FAX APPROVAL--PLEASE REPLY VIA MAIL COWENTS: CO fe l L v rev, - d rt d NOTICE OF CONFIDENTIALITY The information contained in this facsimile transmittal is privileged and confidential, and is intended for the addressee only. If you are neither the intended recipient nor the employee or, agent responsible for delivering this message to the intended recipient, any disclosure of this information is strictly prohibited. If you have received this trans- mittal in error, please notify the person transmitting the information immediately and return the transmission to the firm set out above immediately. 8 Juniper Trail Post Office Drawer 870 Kitty Hawk, North Carolina 27949-0870 Phone; (919)Z61-3300 Fax: (979)261-1260 MAR.-12'97(WED) 10:59 QCIBLE&ASSOCIATES TEL:9192611260 P.002 Quible Oulble & Assoclotes, RC. P.O. DYo.mbr 870 ENCINEM - ENVIRONMENTAL= - PLANNERS IGUy NO", NC 27949 SINCE 1959 P wm: 919.261.3300 f-mt: 919.761-1260 F. AMUNd O«la, P.C., R.LL H.W. IN G 1e1t.IL P.E. Joseph S Lamer, C.E.P. Senn C. Boyle, P.E. March 4,199? Mr_ Phil Kadela US Army Corps of Engineers PO Box 1890 Wilmington, NC 28402-1890 Re: Graveyard of the Atlantic Museum - Spoil Retention Area Dear Mr. Kadela: Per our discussions, enclosed for your information are the plan view plat and associated permit applications that Quible and Associates, P.C. has prepared and submitted to the State of North Carolina Divisions of Water Quality and Land Quality respectively, for Stormwater Management and Sedimentation and Erosion Control. The purpose of those submittals is to obtain the required State approvals for construction of an upland 3 acre hydraulic spoil retention area proposed as an alternate disposal site for the dredged spoil material from Roffinson Channel, Dare County, North Carolina. It is our understanding that once these approvals are in place the alternate disposal site can be included in the current consistency determination from the Division of Coastal Management and in the 401 Water Quality Certification for the entire COE dredging project that is currently underway. Thank you for your attention to this information Ifyou have questions please contact me at 919- 26I-3300. Sincerely, Quible and Associates, P.C. h S. Lassiter, CFI' Project Manager, cc: Graveyard of the Atlantic Museum MAR.-12'97(WED) 11:00 QCIBLE&ASSOCIATES TEL:9192611260 P.003 UNITED STATES DEPARTMENT OF THE INTERIOR NATIONAL PARK SERVICE Fort Raleigh National Historic Site Wright Brothers National Memorial IN REPLY REPEL TO: Cape Hatteras National Seashore Route 1. Box 675 Manlea, North Carolina 27954-7708 L30 (SU P)(CARA) February 21, 1997 Mr_ Joseph Lassiter Quible and Associates S Juniper Trail P. 4. Box 870 Kitty Hawk, North Carolina. 27949 Dear Mr. Lassiter. I have reviewed your proposal to place spoil material at the future site of the Graveyard of the Atlantic Museum. The material will be generated from the Army Corps of Engineers' dredging project at Rollinson's Channel, Haueras Inlet. Cape Hatteras Nadonal Seashore is not opposed to this project as long as all associated CAMA permits are obtained and it causes no water drainage problems on adjacent properties. Since an F..nvuenmental Assessment is already m plane for the museum site, the National Park Service does not need to issue any additional permits. Sincerely, `7 f Gam' . Russell W. Berry, Jr. Superintendent MAR.-12'97(WED) 11:00 QCIBLE&ASSOCIATES State ofNorth Carolina Department of Environment, Health and Natural Resources Washington Regional Office Janus B. Hunt, Jr., Govc=or -Jonathan B. Howes, Semanry TEL:9192611260 P. 004 0 i E> FE Flat DIVISION OF WATER. QUALITY March 6, 1997 Graveyard of Atlantic Museum Attn: Mr. Joseph K. Sehwarzer P-0. Box 191 Hatteras, NC 27943 Subject: Permit NO. SW7970301 - -' - - Dredge Spoil Disposal General Permit Stormwater Dare County Dear Mr. Schwarzer: The Washington Regional Office received the completed Stormwater Application for the subject project on March 3, 1997. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater gagulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW7970301 dated March 6, 1997 to Mr. -7oseph K. Schwarzer. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the office of Administrative Hearings, F.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demanas are made this permit shall be final and binding. ' 943 Washington Square 1V14 Wad&gm North Cerd%a 27889 Telephone 919-M-6481 FAX 919-975-3716 An Equal Opportunity Afrumaii m Action Employcr MAR.-12'97NED) 11:00 QCIBLE&ASSOCIATES TEL:9192611260 P.005 Graveyard of Atlantic museum Mr. Joseph K. Schwarzer March 6, 1997 Page Two if you have any questions, or need additional information concerning this matter, please contact Bill Moore at (919) 946- 6481, extension, 264. Sincerely, RThos pe Water Quality Supervisor Washington Regional Office cc: hn Parker - DM Quible and Associates Dare county Inspections Washington Regional Office Cantral Files MAR.-IT 97RED) 11:00 QCIBLE&ASSOCIATES TEL:9192611260 P.006 State Stormwater Management Systems Permit No. =7970301 - STATE. OF NORTH CAROLINA DEPARTl?N'P OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORKWATER 3EMENT PERMIT GENERAL PEPJUT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable laws, Rules and Regulations PERMISSION IS HEREBY GRANTED TO Graveyard of Atlantic Museum Dare County FOR THE construction, operation and maintenance of stormwater management systems in compliance with the provisions of 15A NCAC 2H.1000 (hereafter referred to as the nstormwater rules") and the approved storiawater management plans and specifications, and other supporting data as attached and on file with and approved by the division of Water Quality and considered a part of this permit for dredge spoil disposal at the property of Graveyard of Atlantic Museum located at Hatteras, NC. The permit shall be effective from the date of issuance until rescinded and shall be subject to the following specific conditions and limitations. I_ DESIGN STANDARDS 1. No new built-upon area is proposed. 2. Approved plans and specifications for projects covered by this permit are ineorporatad by reference and are enforceable parts of the permit. 3. No stormwater piping in addition to the existing piping shall be allowed except: 3 MAR.-12'97(WED) 11:01 QUIBLE&ASSOCIATES TEL:9192611260 P. 007 a. That minimum amount necessary to direct runoff beneath an impervious surface such as a road. b. That minimum amount needed under driveways to - provide access to lots. II. SCHEDULE OF COMPLI"CE 1. Grasslined swales, vegetated buffers and other Dest Management Practices used for stormwater runoff control shall be adequately maintained throughout the life of the project. 2. The permittee shall at all times provide adequate erosion control measures in conformance with the approved Erosion Control 131an- 3. The permittee shall submit all information requested by _ the Director or his representative within the time frame - specified in the written information request. III. GENt AL CONDITIONS 1. Failure to. abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the division of Water Quality, in accordance with North Carolina General Statutes 143- 215.6A to 143.215.60. 2. The permit may be modified, revoked or terminated fQr cause. The filing of a request for a permit modification, or termination does not void any permit condition. 3. The issuance of this permit does not prohibit the Director from reopening and modifying laws, rules, and regulations contained in Title 15A of the North Carolina Administrative Code, Subchapter 2H.1000; and North Carolina General Statute 143-215.1 et.al. 4. The following items will require a modification to the prarmit ; a. Any revision to the approved plans, regardless of size b. Project name change c. Transfer of ownership d. Redesign or addition to the approved amount of built-upon area. 4 MAR.-12'97RED) 11:01 QCIBLE&ASSOCIATES TEL:9192611260 P.008 e. Further subdivision of the project area E. In addition, the Director may determine that other revisions to the project should require a - modification to the permit. 5. For any additions or modifications of the previously permitted built-upon area, the permittee shall submit to the Director revised plans and specifications and shall receive approval prior to construction. 6. The Director may notify the permittee when the permitted site does not meet one or more of the minlinum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. 7. The permit is not transferable to any person except after notice to and approval by the Director. The Director may require modification or revocation and reissuance of the permit to change the name and incorporate such other requirements as may be necessary. A formal permit request must be submitted to the Division of Water Quality accompanied by the appropriate fee, documentation from both parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits, and may or may not be approved. S. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state and federal) which have jurisdiction. Permit issued this the 6 th day of March, 1997. NORM CAROLINA ENVIRONMENTAL MANAGEMENT D- A. Preston Howard,-Jr., P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number SN7970301 5 MAR.-12'97(WED) 11:02 QCIBLE&ASSOCIATES TEL:9192611260 P.009 State of North Carolina Department of Environment, Health and Natural Resourwa Washington Regional Office James S. Hunt, Jr., Governor Jonathan B. Howes, Secretary DIVISXOR OF LARD RESOURCES .LAND. QUALM SECTIOIR March 10, 1997 or Graveyard of the Atlantic Nuaeum ArM: Mr. Joseph K. ,Srhwarzer, Director Post Office nox 391 Hatteras, North Carolina 27943 RE: Erosion and Sedimentation Control Plan Graveyard of the 'Atlantic Museum 'F'ill Site Hatteras: - Dare county prainage Basin: Pasquotank varte Deceived: Marcn 3, 3.997 Responsible Part': Graveyard of the Atlantic Mi geum Dear Mr. Schwarzex R This office has completed its review of the erosion aml_ sedimentation control -plan for the rAferanced 3 acre -d1.istLn -bA-nb 3: we have determined the submitted 161ant for the spoiliag of ' d???et material as fill for Eature construction, if properly implemented, will mee't' tae miniMUm requirem into of the -Mt atnd hereby issue this L92tM OF APPROVAL. In 19731.the Sedimentation. Pollution Control Act (copy- available upon request) was ertAoted. It eatablished.•:a performance oriented program re.uirl3nq a prejeOt ov?--er qr developer to protect adjoining natural reso=cea aund.vropart,i:4ai both during and after 'construction, from the effects :.of aaael.oxated erosiorx, it is YouR RR RS.M TY to uizde etancT aril comply with the requiremerits of the Act. In addition to aay above listed madificatiot.s or cortdataic?ilt . the following also apply to the approved plan.: -- an erosion And sedimentattion control plan Is' ' only valid for 3 years following the date 'of initial ap'rovatl, if no land-41sturbing activity has noon undertaken. 943 Wsehington Square Mall, Washington, Norm Caroina 27869 7eiepnan?,9?i3/84?r6dS1 ' 'BT J -3716 An Equal Opportunhy-NRr ta'eve Action r;MMoyer 50% rmde&.1b% pest-cosa?timer'p??er - r ? PO/60 "d 91:6T z6, 01 JEW 9Ta9i66T6:)M-i MAR.-12'97RED) 11:02 QCIBLE&ASSOGIATES TEL:9192611260 P. 010 Graveyard of the Atlanti o xuze%m A`I'TN: mr. Joseph R. Schwaraer, Director ' . March 10, 1997 ` . Page '-: -- a copy of the latest a 6011 erosion iL 3-• control plan must be on file at the job site ; -- a buffer zone, sufficrient to restrain visible: must be provided and maintaifted-- sedimentation , between the land-disturbing activity and piny ' ' ' adjacent property or watercourse: --- new or afPectecl isYopan mur t be $t an anq that can be retained by vegetative cover; barrenQpes. M= be pxg?r3 d with a, araimia -gd ROW auffidient to r"t'rain erosion wiwi• ,• Wor)ULUOL-Ada of completion of any plisse. ,rh or 'f final) of 9?mding J38B_ GRJSU IN JPU-r (rauc in the approved seedin r specific a-Uons nor.. iz. : it an amr-?! substitute for the grovidi.ng of a ground cover) ; -- a permanent ground- gmrgr, sufficient to: restrain erosion, mgt be 'V? i ed within ; shorter of 30 working or 120 cilendar ftyg - " after COAP.1etion of oonstkuation !or development; and., -- this approval is not sutometi.ca7l.y •transferr . with a change in project ownersbip. pla4 Be advised that to ensure compliance with the a ovbd. ,. and the program raguiretnentg, unannounced' periddi'c imsp e' ;V " will be made. xf the-implemented plan is detarmxarie'to.bb ' inadequate, this office my require that it be revle@ . d :to obiap.1i with s'ta'te law. Failure to comply with any.part cifae--Apprqvd• ' ., s?l]:tr in plan or with any requireunts of this progre(m, could-.eee the taking of appropriate legal acticwi against the 6 cxar1.Y- reaponsibl+e party (Gx aveyaad of the Atl antic Huseiam•) 'time is the assessing of a-civil p=mlt•y of up to $5iaO pPX'day fdr earn clay the alto is but or compliance. in recognizing the desirability of early coord.i uat+iop :of ;r sediment atico oontrol, we believe it would be bervaf uaial Xor y+o% and your contractor td arrange is preoonetrubtiolm coixtertWeex to , d1scuss the requiremeets of the approved erosion and.' ` -y±iu - w.ouxd' sedimentation control plan. It would be apparec f ates: if . contact this office to advise Richard Peed (919-9?lb=6?4??, 1701£0-d 11:(1 146, OT JEW 91229-6616: XU-1 dNH3Q MAR.-12'97RED) 11:03 QCIBLE&ASSOCIATES TEL:9192611260 Graveyard a? the atlantic Museua AWIM: Mr. Joseph It. Schwarzer, Director March lU, 1997 page 3 P. 011 374) of the construction startup date, contractor and- :an an-sxta contact person or. please, complete *and return the $'it;idhed Project information sheet to the above named. The land-disturbing activity described in th.la - plain' MAY require approval or peftitting from 6,tbar Federal, State or• lbeal' agencies. These could include the U. S. Army Carps • 4f under Article 404 ju:i?isdictson, tha D Visaxan of ftter Surface Water Section under stQrmumter regulations (aoittaOt • VI1`Z- Maore, 919-945-648I, ext. 7rS$) county, catty or town 'ac e7iC 9 under other local ordinances. or other approvals that i* be required. This approval, can=t' Supersede any other ap&6varl; nr, permit. sincerely4rdk Mcclain, : . S:. Assistant Regibnal-1969iieer FHM:pm Enclosures cc : Joe Lassiter, Qtiibl.e and "sociataS Richard Watts, Division of Coastal Management VO/K 'd LI; ZT Z5. OE .leW 9wiSM516: zP.? li • 5? YlH3a • v 4 MAR.-12'97(WED) 11:03 QCIBLE&ASSOCIATES TEL:9192611260 P. 012 DEPARTMENT OF THE ARMY WILMINGTON 01MIar OWP9 of EMINEERS P.O. BOX 1890 WILMINGTON.NgaT>•ICARou mA964M-1890 FAMY TO n March 11, 1997 Errvironmontal Resowce5 Section Mr. Preston Pate Division of Coastal Management North Carolina Department of Hm4ronment, Haaltb, and Natund Resources Morehead City Field Office Hestron Plaza 71 151 A Highway 24 Morehead City, Nonh Carolina 28557 Dear Mr. Pate: We, request modification of our Consistency Determination CD9& 43, dated February 7. 1997, to include a 3-acre upland diked disposal Site for disposal of dredged rnaterW from Rubinson Channel, Dare County, North Carolina, The disposal site is on the property of the Graveyard of Atlantic Museum, located on NC Highway 12, adjacent to the Hatteras Ferry Terminal. The use of the site is being covrdinatcd with Mr. Joe Lassiter, Quible and Associates, Kitty Hawk, North Carolim Mr. J agsiter is obtaining uU other required permits for the projeet, If you have further questions or need additional information, please contact us. Sincerely, CF: CESAW-EP-PE/Owens CESAW-CO-MJMoore Terry P, Youngbluth Colonel, U,S. Army District Eng!Aew Z0/ZB d NDIEJNIMIM 30usn 9z:0i L65Z-Tj iW ?04aLq i-)0 iW US Army Corps of Engineers® Wilmington District FINDING OF NO SIGNIFICANT- IMPACT FOR MAINTENANCE DREDGING OF RODANTHE, AVON, AND ROLLINSON CHANNELS DARE COUNTY, NORTH CAROLINA FEBRUARY 1997 y FINDING OF NO SIGNIFICANT IMPACT MAINTENANCE OF RODANTHE, AVON, AND ROLLINSON CHANNELS DARE COUNTY, NORTH CAROLINA FEBRUARY 1997 1.00 INTRODUCTION The project consists of the maintenance dredging of three small navigation projects, located in Pamlico Sound along the Outer Banks of North Carolina. The three areas are the channels and harbors at Rodanthe and Rollinson and only the channel portion of the project at Avon (Figure 1). As stated in the Environmental Assessment. Maintenance Dredging of Rodanthe. Avon, and Rollinson Channels. Dare County. North Carolina. December 1996 (EA), there is no available upland disposal site near Avon that could accommodate the fine-grained material that would be dredged from Avon Harbor. Therefore, maintenance dredging of Avon Harbor will not be performed at this time. 2.00 DESCRIPTION OF PROPOSED ACTION Dredged material from the Rodanthe, Rollinson and Avon channels, which is suitable for beach disposal (sandy) will be placed in designated disposal sites on nearby beaches. The EA indicated that sandy material from Rodanthe may also be placed in an upland site on the east side of Highway 12, where it could be used by the North Carolina Department of Transportation (NCDOT) to help protect the highway from beach overwash. However, based on coordination with the U. S. Fish and Wildlife Service (USFWS), the North Carolina Division of Water Resources (NCDWR) and NCDOT, it has been decided that the sandy dredged material from Rodanthe will not be placed in the Highway 12 site but will be placed in the designated beach disposal site. Dredged material from Rodanthe and Rollinson Harbors that is not suitable for beach disposal (muddy/silty) will be placed in upland diked disposal sites. Dredging will be accomplished by a hydraulic pipeline dredge and material will be removed to a depth of 8 feet below mean low water (mlw) (-6 feet mlw plus 2 feet overdepth). Dredging of the Rollinson channel and the outer ends of the Avon and Rodanthe channels will take place between November 1 and April 30 of any given year to minimize impacts to significant resources. Based on coordination with the North Carolina Division of Marine Fisheries, dredging of Avon Harbor and Rodanthe Harbor, from inside the harbors to one-half mile from shore, will take place between November 1 and February 28 of any given year. The dikes surrounding the upland disposal sites will be constructed in a manner to guarantee a minimum of 2 feet of freeboard during operations. All dikes will be seeded and grassed in accordance with a Sedimentation and Erosion Control Plan. 3.00 INCORPORATION BY REFERENCE U.S. Army Engineer District, Wilmington. Environmental Assessment. Maintenance Dredging of Rodanthe Avon and Rollinson Channels Dare County North Carolina December 1996. This report will be referenced throughout the Finding Of No Significant Impact (FONSI) as the EA. 4.00 PUBLIC AND AGENCY COORDINATION The project was coordinated with National Marine Fisheries Service, Beaufort, NC, National Marine Fisheries Service, St. Petersburg, Florida, North Carolina Division of Environmental Management, North Carolina Division of Coastal Management, North Carolina Department of Cultural Resources, North Carolina Division of Water Resources, North Carolina Department of Transportation, North Carolina Division of Marine Fisheries, North Carolina Wildlife Resources Commission, U. S. Fish and Wildlife Service, Manteo, NC and Raleigh, NC, National Park Service, Cape Hatteras, NC, Cape Hatteras Electric Membership Corporation, and Dare County. On December 19, 1996, the EA was mailed to Federal and State agencies and the interested public for a 30-day review and comment period. As a result, letters were received from the USFWS, the EPA, and several agencies of the State of North Carolina, including the North Carolina Department of Environment, Health, and Natural Resources. Copies of the letters received are included as attachment 1. 5.00 RESULTS OF PUBLIC AND AGENCY COORDINATION All comments received on the EA were considered in making the decision to sign the FONSI. Pertinent comments from each commenter are summarized and addressed below. U S Fish and Wildlife Service (USFWS) letter of January 24, 1997. COMMENT: The EA states that no wetlands would be impacted by the proposed dredging. However, some wetlands adjacent to the upland diked disposal areas "have the potential to be impacted." The EA does not specify the nature of any impacts, but the possibility of excessive sediment runoff from the disposal areas is a cause for concern. The Service recommends that the Corps identify all potential adverse impacts 2 to project area wetlands and describe the measures which would be used to mitigate these impacts. RESPONSE: The only wetlands in the project vicinity are those associated with the upland diked disposal areas. All work will take place in the upland portion of the disposal sites. The contractor will be required to have a Sedimentation and Erosion Control Plan, which will require the placement of silt fences around the dikes (during construction) to prevent sediment runoff into adjacent wetlands. As stated in"the EA, no wetlands will be adversely impacted by the project. Additionally, paragraph 2 of Section 2.3.16 of Specifications for Maintenance Dredging in Silver Lake Harbor. North Carolina Rollinson Channel North Carolina, and Rodanthe. North Carolina. 9 December 1996 (attachment 2) further ensures the protection of wetlands. COMMENT: The EA does not quantify the expected loss of submerged aquatic vegetation (SAV) areas. The Service recommends that the Corps develop a quantitative assessment of SAV which will be lost as a direct result of the project and develop a plan for compensatory mitigation. RESPONSE: No dredging or placement of dredged material will occur in waters outside of the authorized channel. Because no loss of SAV is anticipated outside the authorized channel, no mitigative measures are planned. COMMENT: While the Service would not object to the placement of beach quality sand in the designated disposal area, personnel of the Pea Island National Wildlife Refuge (PINWR) are concerned that current sediment evaluation procedures may not be sufficient to ensure the compatibility of the dredge material for use on the refuge. The Service cannot support the proposed disposal plan until the compatibility of the dredged material for use on the refuge is conclusively established. We encourage the Corps to continue coordination with personnel at PINWR to ensure that disposal does not adversely impact refuge resources or operations. RESPONSE: Noted. During coordination with PINWR it was decided that all sandy dredged material from the Rodanthe Channel would be placed in the designated beach disposal site. COMMENT: The Corps should note that the ending date of actual sea turtle nesting is September 30, not August 30 as noted in the Public Notice. RESPONSE: Noted. COMMENT: We agree that the seasonal limits for beach disposal are satisfactory. In addition, the Corps needs to ensure that their beach disposal does not render these areas unsuitable for sea turtle nesting due to compaction or the formation of escarpments. RESPONSE: As stated in the EA, sand compaction will be tested on beach disposal areas. If sand compaction exceeds 500 cone penetrometer units (CPU's), tilling of the beach will be performed. The formation of escarpments within the disposal areas is not expected since all material will be placed at the +6 feet m.s.l. contour and below. However, visual inspections of the disposal areas will be conducted to determine if escarpments are present. If escarpments are found, and the elevation of the placed material is within the maximum allowable elevation of +6 feet (plus or minus 0.5 foot), the escarpment will be removed. COMMENT: The EA states that the Corps anticipates that a FONSI will be prepared for this project. At the present time, the Service cannot support such a finding until the concerns discussed above have been thoroughly addressed and suitable conservation measures are incorporated into project plans. RESPONSE: All comments received on the EA have been considered and addressed in the FONSI. We find that the proposed project has no significant impacts. U S Environmental Protection Aaency (EPA) letter of January. 3. 1997. COMMENT: Given the biological importance of the SAV habitat and its potential for even incidental harm from this project, we believe that the District should formulate the deliverables of the construction contract such that bidders will be required to protect this valuable resource by all practicable means. RESPONSE: See Section 2.3.16, Protection of Water Resources and Wetlands and Section 2.3.17, Protection of Fish and Wildlife Resources of Specifications for Maintenance Dredainci in Silver Lake Harbor North Carolina. Rollinson Channel. North Carolina and Rodanthe North Carolina 9 December 1996 (attachment 2). In addition, a pre-work conference will be conducted. The pre-work conference will give the contractor and representatives from the Corps an opportunity to discuss important aspects of the project, such as the protection of SAV. During the conference, we will inform the contractor of the occurrence of SAV in the project vicinity, its importance as a fishery habitat, and the importance of protecting the habitat. Further, the contractor will be instructed to route pipelines, where practicable, so as to avoid SAV. North Carolina Wildlife Resources Commission (WRC) memorandum of November 19. 1996. COMMENT: The N. C. Wildlife Resources Commission supports the recommendations of the Division of Marine Fisheries as stated in their memorandum of January 16, 1997. 4 RESPONSE: Noted. National Marine Fisheries Service, memorandum of January 13. 1997 COMMENT: The EA does not adequately justify the proposed construction of a 100- foot-wide by 6-foot-deep by 5,336-foot-long channel at Rodanthe. RESPONSE: The EA discusses the maintenance of an existing channel of previously authorized dimensions, not construction of a new channel. The EA's focus is on change in disposal alternatives. COMMENT: According to the North Carolina Division of Coastal Management (NCDCM), current usage of the basin is dominated by boats less than 25 feet in length which would not require a channel of such large dimensions. RESPONSE: Based on information provided by a seafood business owner at Rodanthe Harbor, 20 to 30 commercial fishing boats use the Harbor. Two of these boats are 35-40 feet in length with drafts of 4 feet; the remaining boats are 20-28 feet in length. Two years ago there were as many as 5 of the larger boats using Rodanthe Harbor, however, shoaling of the channel now prevents safe passage of these boats into the Harbor (Mr. Tillman Gray, personal communication, January 24, 1997). As stated in ER-1110-2-1457. Hydraulic Design of Small Boat Navigation Projects. 24- June-1985, channel width is based on: vessel size, vessel maneuverability, traffic congestion, and the effects of wind, waves, and currents. This ER further states that "increased width is necessary for adverse wind, wave, and current conditions..." such as those conditions characteristic of the open water of Pamlico Sound. COMMENT: We are also concerned that the EA does not adequately address the impacts of the proposed dredging on SAV. The document predicts SAV impacts to be minimal, but provides no quantification of SAV losses to support this conclusion. Based on our knowledge of the project area and coordination with the NCDCM and North Carolina Division of Marine Fisheries, we do not agree with this conclusion. Project related losses of SAV should be quantified and alternatives that avoid and minimize these predictable losses should be addressed. The EA should also address mitigative measures to be taken to offset losses of SAV. RESPONSE: The identification and mapping of SAV was based on the best information available. Although the National Marine Fisheries Service has mapped numerous areas of SAV throughout North Carolina, the areas in the vicinity of Rodanthe, Avon, and Rollinson have not been mapped. Based on a telephone conversation with Randy Ferguson of the National Marine Fisheries Service on January 27, 1997, there is currently no active SAV monitoring program in North Carolina. According to Mr. Ferguson, the photography that was used to identify SAV at Rodanthe (1994) is the most up-to-date photography that clearly shows SAV. See response addressing SAV on page 2 for further information. COMMENT: Section 2.01 page 1. paragraph 4. This section states that the channel was last dredged in 1965, but does not indicate whether it was dredged to the authorized dimensions. The EA should be revised to clarify this issue. RESPONSE: According to the 1965 Annual Report for the Fiscal Year Ended June 30. Chief of Engineers U S Army Civil Works Activities Volume 2. page 340, dredging of Rodanthe Harbor, to project dimensions, was completed in March 1965. COMMENT: Section 2 01 page 1 paragraph 4. We question whether a project that has not been maintained in thirty years can realistically be called maintenance. RESPONSE: Although the project has not been dredged in over 30 years, periodic studies are conducted by the Corps of Engineers to determine whether or not a project is justified to remain on Congress' "active" list. The most recent justification study for Rodanthe Harbor was completed in February 1995. The study identified an average annual benefit of $210,000 (from commercial fisheries), thus justifying the need to keep Rodanthe Harbor on the "active" list. Therefore, since Rodanthe has remained "active" since its construction in 1965, dredging of the channel (to authorized dimensions) is considered maintenance dredging. COMMENT: No information is provided (e.g., the number and size of boats currently using the channel) to justify the need for the project. The EA should be revised to provide justification for the work and documentation of the need for the proposed channel dimensions. RESPONSE: See the response on page 5, which addresses this issue. COMMENT: Section 3.01 Rodanthe cage 4, paragraph 4. This section addresses the proposed disposal of sandy dredged material at an upland site where it can be used by the North Carolina Department of Transportation (DOT) as fill to protect and restore NC Highway 12 from beach overwash. It would appear that the need for beach fill to protect the highway is the "need" dictating the size of the proposed channel. If this is the case, it is inappropriate and the document should clarify this issue. RESPONSE: The dimensions of the Rodanthe channel were authorized by Congress in 1945. It is the Corps of Engineers' responsibility to maintain the project to its authorized dimensions unless sufficient information is provided to warrant a channel of smaller dimensions. The "need" for sand by NCDOT has no bearing on the channel dimensions that will be dredged during the upcoming maintenance dredging. As discussed in Section 2 of this FONSI, based on coordination with the USFWS, it has 6 been determined that the sandy dredged material from Rodanthe will be placed in the designated beach disposal site and will not be used by NCDOT. COMMENT: Section 5.03 Submerged Aquatic Vegetation (SAV) page 10 paragraphs 1 and 3. This section addresses the value of SAV to fishery resources and differentiates between patchy and dense habitat. The document makes an issue of the fact that no dense beds will be impacted by the channel, implying that a lesser value is assigned to patchy SAV. We believe this is inaccurate since recent studies have determined that patchy beds provide habitat value equivalent to dense beds. We recommend that the EA be revised so that the reader will not conclude that patchy beds are less important to fisheries and that losses of patchy beds can be characterized as minimal impact. RESPONSE: The comparison of the occurrence of dense beds of SAV versus patchy beds of SAV was intended to quantify the SAV that exists in the project area. It was not our intent to imply that patchy SAV was less valuable than dense SAV. COMMENT: Section 5.03.1 Rodanthe, page 11. paragraph 1. Grab and vibracore samples were taken from the channel, however, we do not believe that the number of samples is sufficient to reach a conclusion of minimal impact. If benthic sampling is used as a basis for a determination of minimal impact, additional sampling will be necessary. RESPONSE: The grab and vibracore samples that were taken from the Rodanthe channel were used predominately for grain size analysis of dredged material. The samples were not used to make any objective, quantifiable determination regarding impacts to SAV. The determination of minimal impact was based on all work occurring within the authorized channel. North Carolina Division of Marine Fisheries Memorandum of January 16 1997 RODANTHE COMMENT: The Division does not see the need for the 100 ft. channel width, based on the size vessels that are utilized. RESPONSE: See response on page 5 that addresses this issue. COMMENT: Since the channel hasn't required any maintenance for thirty-two years, it's obvious that rapid shoaling or filling of the channel is not a problem. This agency recommends a 50 ft. wide channel, which would reduce the overall impacts on the area. RESPONSE: The Rodanthe channel has not been dredged since 1965, when it was 7 dredged to the authorized width of 100 feet. Dredging of the channel to only 50 feet will not only prohibit the use of the channel by several of the fishing boats that currently use Rodanthe Harbor, but will most likely result in a need to dredge more frequently. We believe that dredging the Rodanthe channel to the authorized width of 100 feet every 20 to 30 years would have less of an overall impact on the environment than dredging a 50 foot channel, which may need to be maintained more frequently. For these reasons, it is our intent to dredge the channel to its original authorized width of 100 feet. COMMENT: The Division recommends that the original authorized channel depth of -6 feet MLW be maintained and not the -8 feet MLW as stated the proposed action section. RESPONSE: It was not our intent to imply that the entire channel will be dredged to -8 feet MLW. The channel will be dredged to the authorized depth of -6 feet MLW with 2 feet allowed for "over-dredging." Because dredging to an exact depth, along the entire length of a channel is difficult, standard procedure is for the contractor to be allowed 2 feet of overdepth. This guarantees that the channel will be no less than 6 feet deep at any given point. It should be noted that for the FY 1997 dredging of Rodanthe Harbor, due to the limited capacity of the upland disposal sites, no overdredging at Rodanthe will be allowed. The Rodanthe Harbor and entrance channel will be dredged to -6 feet only. COMMENT: The dredging moratorium is March 1 through October 31. This will ensure the environmental integrity of the area is protected during critical times of usage by the previously mentioned species. RESPONSE: See attachment 3, which includes correspondence between the NCDMF and the Corps of Engineers regarding the dredging window for the subject project. COMMENT: The information provided relative to SAV's in the area is inadequate. RESPONSE: See response on page 5 regarding SAV. COMMENT: On site visits and aerial photography should be current, not over two years old. RESPONSE: The EA should have stated that the initial onsite visit was made in October 1994. Several other site visits were made to the project area before report preparation, including a visit on November 9, 1996. AVON COMMENT: The Division recommends the 100 ft. channel width, be reduced to 50 ft. width. RESPONSE: Based on information provided by a seafood business owner (Mr. Gray, personal communication, January 30, 1997) at Avon Harbor, 10 to 15 commercial fishing boats use the Harbor. These boats range in size from 19-25 feet in length. According to Mr. Gray, as with Rodanthe Harbor, shoaling of the Avon channel now prevents safe passage of larger boats into the Harbor. As stated in ER-1110-2-1457. Hydraulic Design of Small Boat Navigation Projects. 24-June-1985, channel Width is based on: vessel size, vessel maneuverability, traffic congestion, and the effects of wind, waves, and currents. This ER further states that "increased width is necessary for adverse wind, wave, and current conditions..." such as those conditions characteristic of the open water of Pamlico Sound. COMMENT: The recommendation of -6 ft. MLW applies to this channel also. RESPONSE: See response on page 8 that addresses this issue. COMMENT: The same dredging moratorium would apply, as well as the comments relative to SAVs. RESPONSE: See previous responses to these issues. Based on the 1994 aerial photography of the Avon Channel, no (0 acres) SAV occurs within the limits of the authorized channel. No dredging or placement of dredged material will occur in waters outside of the authorized channel. ROLLINSON COMMENT: The requested updated SAV information should also be available for this portion of the project. RESPONSE: As previously stated, the identification and mapping of SAV was based on the best information available. There is no updated SAV information available for the project area. No SAV will be impacted outside of the authorized channel. Approximately 2 acres of SAV will be dredged within the channel. 6.00 ENDANGERED AND THREATENED SPECIES As stated in the EA, the proposed work has been reviewed for compliance with the Endangered Species Act of 1973, as amended, and informal coordination with the USFWS and NMFS has been completed. As stated above, the USFWS has identified no endangered species, threatened species, or critical habitats that would be affected by the proposed project. Therefore, the requirements of the Endangered Species Act 9 of 1973, as amended, have been satisfied. 7.00 ENVIRONMENTAL COMMITMENTS The following commitments must be fulfilled: Dredging at Rollinson Channel and the outer ends of the Avon and Rodanthe Channels will be performed between November 1 and May 1 of any given year. Dredging at Avon Harbor, Rodanthe Harbor, and within one-half mile of shore at Avon and Rodanthe will be performed between November 1 and February 28 of any given year. Any changes to these dates will be coordinated with all interested agencies, including the NCDMF, the NCDCM, and the USFWS. The dredge pipeline will be routed to the greatest extent practicable so as to avoid SAV. 8.00 ENVIRONMENTAL IMPACTS There are no known areas of controversy or major unresolved issues associated with the proposed action. Comments received during the coordination of the referenced EA failed to note any additional categories of environmental impacts. 9.00 FINDING OF NO SIGNIFICANT IMPACT (FONSI) The proposed action will not significantly affect the quality of the human environment: therefore, an Environmental Impact Statement will not be prepared. DATE: Attachments 10 . t w' h. O ?? r In ? ?'• t ? ? t ? % t t t % t t % l \ ? t t 1 `•% ---- ?tfe Sound ?? i Njb c to i i I ? ? tJ I f /'TYRRELL o s DARE t a t ROD&T C. I a 4N - - `? ^ J -,--CARTERET t t ,- t a t c? t t G? t 4 HA-uERAS (ROLLINSON CHANNEL) N Figure 1 Action: EP CF: DX CO PS?ENT OF TyF United States Department of the Interior O?P ?yR y o FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 ?'9RCHH 3 yea Raleigh, North Carolina 27636 3726 January 24, 1997 Lieutenant Colonel Terry R. Youngbluth District Engineer U.S. Army Corps of Engineers P.O. Box 1890 Wilmington, North Carolina 28402-1890 Dear Colonel Youngbluth: This is the report of the U.S. Fish and Wildlife Service (Service) on the Environmental Assessment (EA) for Maintenance Dredging of Rodanthe, Avon, and Rollinson Channels, Dare County, North Carolina. This EA was announced in Public Notice (PN) ID #CESAW-EP-PE-97-28-0006, dated December 19, 1996. This report is submitted in accordance with the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d), and Section 7 of the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531-1543). According to information provided in the EA and PN, the Wilmington District, U. S. Army Corps of Engineers (Corps) proposes to perform maintenance dredging on the named channels. Sandy dredged material from the Rollinson and Avon channels which is suitable for beach disposal would be placed in designated disposal sites on nearby beaches. Sandy material from the Rodanthe project would be placed in the designated beach disposal site near the town or in an upland disposal site 1.5 miles north of Rodanthe Harbor on Pea Island National Wildlife Refuge (PINWR). Non-sandy dredged material from Rodanthe and Rollinson Harbors would be placed in upland diked disposal areas. The total amount of material expected to be dredged is approximately 618,000 cubic yards (cy). The PN states that only work at Rodanthe and Rollinson Channel would be done in fiscal year 1997. This work would begin in February 1997?and be completed by April 30, 1997. The purpose and need for this work are given in the introduction of the EA. The alternatives considered by the Corps are given in Section 4 of the EA. The Service considers these section adequate. ? i J Wetlands and Submerged Aquatic Vegetation (SAV) The EA states (pp. 11-12) that no wetlands would be impacted by the proposed dredging. However, some wetlands adjacent to the upland diked disposal areas "have the potential to be impacted." The EA does not specify the nature of any impacts, but the possibility of excessive sediment runoff from the disposal areas is a cause for concern. The Service recommends that the Corps identify all potential adverse impacts to project area wetlands and describe the measures which would to be used to mitigate these impacts. The EA indicates (p. 10) that some SAV areas could be adversely affected. The Service agrees with the benefits provided by SAV which are given in the EA, and we consider these areas to have very high value to fish and wildlife resources. The EA does not quantify the expected loss of SAV areas. The Service recommends that the Corps develop a quantitative assessment of SAV which will be loss as a direct result of the project and develop a plan for compensatory mitigation. Disposal on Pea.Island National Wildlife Refuge... Current project plan calls for the disposal of all beach quality dredged material (>90% sand) from the Rodanthe channel (total of 118,000 cy) at a 12-acre, upland site approximately 1.5 miles north of Rodanthe and within PINWR. The EA states (p. 5) that this disposal plan has been approved by all concerned agencies, including the Service. While the Service would not object to the placement of beach quality sand in the designated disposal area, personnel of the PINWR are concerned that current sediment evaluation procedures may not be sufficient to ensure the compatibility of the dredge material for use on the refuge (Dennis Stewart, PINWR, personal communication, January 13, 1997). At the present time, the Service is consulting with Dr. Robert Dolan and seeking clarification on the sediment evaluation procedures (Dwight Cooley, PINWR, personal communication, January 23, 1997). The Service cannot support the proposed disposal plan until the compatibility of the dredged material for use on the refuge is conclusively established. We encourage the Corps to continue coordination with personnel at PINWR to ensure that disposal does not adversely impact refuge resources or operations. Section 7 Section 5.06 of the EA considers project impacts on species protected by the ESA. The Service's primary concern involves potential impacts to sea turtle nesting which may occur on North Carolina beaches from May 1 through September 30. The Corps should note that the ending date of actual sea turtle nesting is September 30, not August 30 as noted in the PN. The PN states that the work would occur from February through April 30, 1997. The Service is pleased that the Corps is endeavoring to avoid adverse impacts to sea turtles. We agree that the seasonal limits for beach disposal are satisfactory. In addition, the Corps needs to ensure that their beach disposal does not render these areas unsuitable for sea turtle nesting due to compaction or the formation of escarpments. The PN states that the project will not impact species currently on the federal list of threatened or endangered species. Based on the information in the EA, the Service concurs that this project is not likely to adversely affect any federally-listed endangered and threatened species, their formally designated critical habitat, or species currently proposed for federal listing under the ESA, as amended. Therefore, we believe that the requirements of Section 7 of the ESA have been satisfied. We remind you that obligations under Section 7 consultation must be reconsidered if: (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in..a manner not previously considered; (2) this action is subsequently modified in a manner that was not considered in this review; (3) a new species is listed or critical habitat " determined that may be affected by the identified action. Summary The EA states (p. 21) that the Corps anticipates that a Finding of No Significant Impact (FONSI) will be prepared for this project. At the present time, the Service cannot support such a finding until the concerns discussed above have been thoroughly addressed and suitable conservation measures are incorporated into project plans. The Service appreciates the opportunity to comment on this project. If you have any questions regarding these comments, please contact Howard Hall at 919-856-45204, ext.27. Sincerely, John M. H ner Superviso_ ' FWS/R4:HHall:1/24/97:WP:A:dare.197 1'4 .- Vr-r I HLf9114 rdJ: •yly-I JJ-yJ! 1 Jdl I LJ y( lz •Jt f . vi/ VJ ?-. NORTH CAROLINA SX4TF CLEARMSHOUSE 17-6 WEST JO 4-FS STAFFT RAL7T H NORTH CAROLINA ZT603-8003 01-23-97 Cl !M T =R GV=vMMr NTAL RFVTcW C0f4Mr*4TS MAT-L7D T ??R7N ARMY C^R3?!? n;- * ?;?-er=ERR MRS- CHRYS RAGGFTT JENNY ^TRCC?gR pf" BOY M7n V C STAT- CLFARINGHOUSE WiLtM'yl PROJECT nl:{^,--,r---ac• ENV. ASSP;c* - D^ P-^:Scn PATMTc; ANlf:F DRFnGTka n= RODANTH=p AV"Nv AMD R7LLTN'?^., rReNIvl-tS L-rA'rF'l TK Tu' PAMLIC0 SOUND ALr,)N-- Talc MITSP RAN'v': ` ^?f ASS--SS- THE ar>7yr- ,°^ 4-nr 1=15 n^FM rUQyT7T=3 TO THE W^?TH CARULJ?IA 2?1T=Rrf?V?^x:,•-, -dt ?cZr±?sl DRI !rSSS. AS 4 q;:St:-LT ?F T44E RFVTFkl THE FQLLG'WrNC- IS St1RMl'"r"' f°''MM'"MTS WC OF X ) rf"AMPNTS 4TTACH=D SPOULD Y')'.i °--l'- AVV 0 F"TnNS. ?!_rASP CALL TVIS =:3F=IC= (9I4) 733-7232- tote vT_? ry i -.?.. "-i I naui W4 ran-VIJ-r vv-yJt 1 JCUI LJ '.9( IZ-0t r. UZIUJ . 0 State of North Carolina Department of Environment, 11 Health and Natural Resources 4 • 0 Legislative & Intergovernmental Affairs IT James B. Hunt, Jr., Governor C Jonathan B. Howes, Secretary LD H N R Richard E. Rogers, Jr., Acting Director XEMORMDDM TO. Chrys Baggett state Clearinghouse FROM: Melba McGee 11 j Environmental Review Coordinator RE: 97-0424 Maintenance Dredging Rodanthe, Avon, and Rollinson Channel, Dare County DATE: January 22, 1997 V The Department of Environment, Health, and Natural Resources has reviewed the subject proposal. This department ask that careful consideration be given to the attached suggestions. Thank you for the opportunity to respond. attachments RECEMED JAN 2 3 ]991 N.C. STATE CLEA.RNGHOUSF ,. ' P.O. Box 27687. ? FAX 715-3060 12aleigh, Norih Carolina 2761 1-7687 Nif An Equal Opportunity/Affirma`'ve Action Employer 919-715-4148 50% recycled/ 10% post-consumor paper NC DEPT ADMIN Fax:919-733-9571 Jan 23 '97 12:37 P. 03/05 JAN-22-1997 12=43 FS0 TO 0 1919717.887' P.02/0 9 -7 - 014-Lf TO: Stephen B. Benton, DCM Consistency Coordinator TEMOUGx: P. A. Wojciechowski, DW permit Coordinator FROMf Sara E. Winslow, Biologist Supamw .j SUMECT: CD96-43 - USACOE - EA Maintenance Dredging Rodanthe, Avon, and Rollinson Channel DAM. January16, 1997 The following comments by the North Caro':;ina Division of Marine Fisheries are ` provided pursuant to General Statute 113-131. The Division has reviewed the EA and approves of the project with the following modifications. Pamlico Sound functions as a nursery area for spot, croaker, weakfish, red drum, spotted seatrout, flound% blue crabs, shrimp and other commercially and recreationally important species- viable oyster and clam resources exist through out the area. SAVs provide valuable habitat for the above mentioned species at various life stages. Rodanthe The proposed maintenance dredging for Rodanthe Channel is 5,336 & long, 100 fr. wide, to a depth of -6 ft.. NEW. Maintenance dredging of this channel has not been necessary since original construction in 1965. The Division does not see the need for the 100 ft. channel width, bated on the size vessels that are utiUed. Since the channel hasn't required any maintenance for thirty-two years, it's obvious that rapid shoaling or filling of the channel is not a problem. This agency recommends a 50 ft. wide channel, which would reduce the overall impacts on the area. Also, the Division recommends that the original authorized ebannel depth of -6 :ft. MLW be maintained and not the -8 ft_ MLW as stated in the proposed action section. 71to EA states that based on telephone conversations with this agency and others that the dredging window r of November 16 to April 30 is acceptable for this project- CQntac: has been made with appropriate DMF staff, no one has been contacted relative to the dredging window and the time frame stated in the EA is not correct. The dredging moratoricurn is March 1 through NC DEPT ADMIN Fax:919-733-9571 Jan 23 '97 12:38 F. 04.105 JPN-22-1997 12:43 FPCIM Tn 0 1919715%: - p_i13/C,3 f 0 October 31. This will ensure the environmental integrity of the area is protected dur;ng critical times of usage by the previously meationed species. The information provided relative to SAVs is the area is inadequate. On site tiisits and aerial photography should be current, not over two years old. J I 6m The proposed maintenance dredging for Avon Channel is 3.5 miles long, 100 fL wide, to a depth of -6 ft. MLW. Maintenance dredging of this channel has not been necessary since 1996. The Division recommends the 100 & channel width, be reduced to 50 ft. width. Maintenance has not been required for eleven years. This recommendation is based on the same points as those mentioned for Rodanthe Channel. The recommendation of ••6 ft. MW applies to this channel also. The same dredging meratornim would apply, as well as the commcrnts relative to SAVs. The proposed maintenance of Rollinson Chan a l is 5 miles, 100 ft. wide and -12 ft. Maintenance of this channel was last accomplished in 1988. The requested updated SAV information should also be available for this portion of the project. in summary, the Division approves of the maintenance of Rodanthe and. Avon channels with the width reduced to 50 ft., the depth of the channels not to exceed the previously authorized depth (-6 ft.), and the moratorium time frame corrected. Up to date SAV assessments must be made for all three locations. IUA' ?L F.4?_S IVI. LU 1 ?'11N'111V MEMORANDUM rdX-yly-IJJ 7J11 JdlI GJ VI It - Jv I . V.J/ VJ TO: Melba McGee FROM: William Wescott N.C. Wildlife Resources Commission RE: 97-0424 EA Maintenance Dredging Rodanthe, Avon, and Rollinson Channel DNI'L: January 22,1997. The N.C. Wildlife Resources Commission supports the recommendations of the Division of Marine Fisheries as stated in their memorandum of January 16,.1997. Thank you for the opportunity to respond. _.__. _. ._ _.-__ ...... ..._.. _. _..._....._.`.... w.n' -•:.w,i.. !.z'=.rv"_dd' _ _ .cav?c....-txrrnm ti6rr?-?? xs^.. ...??... .;,:3 UNITED STATES +DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administimtlon NATIONAL MARINE FISHERIES SERVICE Southeast Regionali'Office 9721 Executive Center.Drive N St. Petersburg, Florida 33702 January 13, 1997 Lt. Colonel Terry R. Youngbluth District Engineer, Wilmington District Department of the Army, Corps of Engineers P. O. Box 1890 Wilmington, North Carolina 28402-1890 Attention Jenny Owens Dear Lt. Colonel Youngbluth: The National Marine Fisheries Service (NMFS) has reviewed the Environmental Assessment (EA),- Maintenance Dredging of Rodanthe,, Avon, and Rollinson Channels, Dare County, North Carolina, December 1996. .The EA was prepared to address the proposed dredging at. the Roll nson and Rodanthe Channels. No work is currently proposed at A"von. ' TYie following comments are provided for your consideration. General Comments The EA does not adequately justify the proposed construction of a 100-foot-wide by 6-foot-deep -by 5,336-foot-1ong channel at Rodanthe. According to the North Carolina Division of Coastal --j., .Management (NCDCM), .current usage .. of the basin is dominated . by L .. . hannel-- boats ess;..than••-25 ,feet in -•length which -would -not requ'ire_a c ;_- _: -of.,such large dimensions. We are.also concerned that'the EA-does-, not adequately- address .the impacts ..of,. the proposed -dredging -on - submerged.. aquatic :-vegetation -(SAV) . The -document predicts. SAV_ . impacts to be-minimal., but provides no quantification of SAV losses to. support this conclusion. Based on our. knowledge.of the project area and coordination. with the NCDCM and North.Carolina Division of Marine Fisheries, we do not agree with this conclusion. The EA should be revised to address the justification and need for the project as currently proposed. Project related losses of SAV should be quantified and alternatives that avoid and minimize these predictable losses should be addressed. The.EA should also address mitigative measures to be taken to offset losses of. SAV. Specific Comments 2.00 PROJECT AUTHORIZATION AND HIRTORY x`2.01 Rodanthe .. Page 1, paragraph A. The document states that-.the channel was last dredged in 1965, but does not indicate whether it was dredged to the authorized dimensions. The EA should :be revised to clarify this issue. Accordingly, we question whether a project that has not been maintained in thirty years can realistically be called maintenance. Also, no information is provided (e.g., the number and size of boats currently using the channel) *to justify the need for the project. The EA should be revised to provide justification for the work and documentation of the need for the proposed channel dimensions. 3.00 PROPOSED ACTION 3.01 Rodanthe Page 4, paragraph 4. This section addresses the proposed disposal of sandy dredged material at an upland site where it can be used by the North Carolina Department of Transportation (DOT) as fill to protect and restore NC Highway 12 from beach overwash. It would appear that the need for beach fill to protect the highway is the "need" dictating the size of the proposed channel. If this is the case, it is inappropriate and the document should clarify this issue. 5.00 ENVIRONMENTAL EFFECTS 5.03 Submerged Aquatic Vegetation (SAV) Page 10a paragraphs 1 and 3. This section addresses the value of SAV to fishery resources and differentiates between patchy and dense habitat... The .document?..makes. an .=issue of .-the: fact that..no ... dense -beds :.wi-il:- be impacted :by?rthe . -channel=,:. implying. -- that. a lesser- :. value is. assigned to--patchy SAV.: -We believe. this is inaccurate since recent:- studies ..have determined - that. patchy - beds - provide habitat value. equivalent to dense beds.' We- recommend that the EA - be revised so that the reader will not conclude that patchy beds are less important to fisheries, and that losses of patchy beds can be characterized as.minimal impact. 5.03.1 Rodanthe page 11, paragraph 1. .This section addresses the probable occurrence of SAV in what is described as a "poorly defined" existing channel. Grab and vibracore samples were taken from the channel, however, we do not believe that the number of samples is 'Murphey, Patricia L. and Mark S. Fonseca. 1995. Role of high and low energy seagrass beds as nursery areas for Penaeus duorarum in North Carolina. Marine Ecology Progress Series, Vol. 121:91-98. sufficient to reach a conclusion of minimal impact. If benthic sampling is used as a basis for a determination of minimal impact, _ additional sampling will be necessary. For acceptable sampling protocol to assess SAV occurrence in the channel, contact Mark Fonseca at National Marine Fisheries Service, Beaufort Laboratory, 101 Pivers Island Road, Beaufort, North Carolina, 28516. We appreciate the opportunity the opportunity to provide these comments. 4Sincer , Andr7s Mager, r. Assistant Regional Director Habitat Conservation Division x cc: FWS, ATLA, GA FWS, Raleigh, NC EPA, ATLA, GA NCDEHNR, Raleigh, NC NCDEHNR, Morehead City, NC SAFMC, Charleston, SC F/SEO2 i? State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director A4jWLA -Mdmm E3EHNR 01/07197 Lt-Colonel Terry R. Youngbluth District Engineer U.S. Army Corps of Engineers Wilmington District P.O. Box 1890 Wilmington, NC 28402 REFERENCE: CD96-43 EA Maintenance Dredging Rodanthe, Avon, and Rollison Channels Dear Lt.Colonel Youngbluth: The State of North Carolina received your consistency determination dated 12113196 concerning a proposed Federal Activity pursuant to 15 CFR 930.30 on 12130196. Your determination, which we have assigned the number CD96-43, has been circulated to the appropriate state agency reviewers for comment. We have requested that our reviewers respond by 01117197 and, provided no serious problems are identified, will provide the state's position on this proposal on or before 01123197. Should you have any questions concerning our program or the status of the review, please call me at (919)733-2293. 9 Siri e ely? --? 'Ste hen B. Benton Consistency Coordinator P.O. Box 27687, N1W 14 FAX 919-733-1495 Raleigh, North Carolina 27611-7687 'V? C An Equal Opportunity/Affirmative Action Employer Voice 919-733-2293 - 50% recycled/10% post-consumer paper tr It,-11 STgT?s 0 0 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 4 ATLANTA FEDERAL CENTER ?F = 100 ALABAMA STREET, S.W. P-14 Pa011?°? ATLANTA, GEORGIA 30303-3104 JAN V 1tfi7 Wilmington, NC 28402-1890 Lieutenant Colonel Terry R. Youngbluth District Engineer, Wilmington P.O. Box 1890 Attn: Ms. Jenny Owens Environmental Resources Branch Subject: Environmental Assessment (EA) and Finding of No Significant Impact (FONSI) for Maintenance Dredging of Rodanthe, Avon, and Rollinson Channels, Dare County, NC Dear Lieutenant Colonel Youngbluth: Pursuant to Section 309 of the Clean Air Act, EPA, Region 4 has reviewed the subject document which discusses the environmental consequences of excavating the noted channels and depositing the material in designated beach/upland disposal sites. Work on Avon Harbor will be examined in a forthcoming EA when an acceptable upland disposal site for.its fine-grained material is located. The channel deepening (maintenance) will be accomplished by hydraulic pipeline as this method is deemed to be both the most effective and efficient. Dredging always has some adverse water quality impacts and in this instance the proximity of submerged aquatic vegetation (SAV) is an additional matter of concern to us. Given the biological importance of the SAV habitat and its potential for even incidental harm from this project, we believe that the District should formulate the deliverables of the construction contract such that bidders will be required to protect this valuable resource by all practicable means. We are willing to leave the details of how this will be accomplished to your staff specialists, but would appreciate receive a copy of the stipulations for our review/comment prior to actual dredging. environmental impact statement format. With this enjoinder in effect coupled with the absence of any other apparent and/or compelling adverse effects attendant to the action we have no significant objections to the use of an EA as the evaluation model rather than the more comprehensive Recycied/Recyclable • Printed with Vegetable 01 Based Inks on 1000/6 Recyded Paper (40%Postconsumer) Thank you for the opportunity to comment on this action. If we can be of further assistance in this matter, Dr. Gerald Miller (404-562-9626) will serve as initial point of contact. Sincerely, 11 Tmz:?'!iv "f tw Heinz-J. Mueller, Chief Office of Environmental Assessment I U.S- DEPARTMENT OF HOUSI 1ltm DRBM DHNffiQPl?lfT SOUTHEAST/ CARIBBEAN Environmental Dlvr6ion ?* *c Richard B. Russell Federal Building 's 75 Spring Street, S.W. pL ryE Atlanta, Georgia 30303-3388 December 30, 1996 Ms. Jenny Owens Environmental Resources Division Department of the Army Wilmington District, Corps of Engineers Post Office Box 1890 Wilmington, North Carolina 28402-1890 Dear Ms. Owens: This letter is in reference to the Environmental Assessment for Maintenance Dredging of Rodanthe, Avon, and Rollinson Channels for Dare County, North Carolina dated December, 1996. Our review indicates that due to the nature and location of your proposed project, there will be no significant impact to any current HUD projects. Therefore, we have no objections to, or comment on this proposal. Thank you for the opportunity to review and comment on this project. If you have questions on this comment please contact Linda Poythress, Environmental Protection Specialist at 404-331-3167. Sincerely, Thomas A. Fich Supervisory Environmental Officer Southeast/Caribbean Attachment 2 Excerpt from SPECIFICATIONS FOR MAINTENANCE DREDGING IN SILVER LAKE HARBOR, NORTH CAROLINA (TEACHES HOLE AND BIG FOOT SLOUGH) AND ROLLINSON CHANNEL, NORTH CAROLINA (HATTERAS TO HATTERAS INLET) AND RODANTHE, NORTH CAROLINA U.S. ARMY ENGINEER DISTRICT, WILMINGTON CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403 9 DECEMBER 1996 z, 2.3.12 TRAINING OF CQRACTOR PERSONNEL IN POLLON CONTROL Contractor personnel shall be trained in environmental protection, and shall conduct environmental protection meetings monthly. The training and meeting agendas shall include methods of detecting and avoiding pollution; familiarization with pollution standards, both statutory and contractual; and installation and care of facilities (vegetative covers, and instruments required for monitoring purposes) to ensure adequate and continuous environmental pollution control. Personnel are to be informed of provisions for hazardous and toxic materials container labeling and for managing Material Safety Data j Sheets (MSDS). Anticipated hazardous or toxic chemicals shall also be reviewed. V 2.3.13 DISPOSAL OF DISCARDED MATERIALS Discarded materials that cannot be treated as solid wastes shall be handled as approved by the Contracting Officer. 2.3.14 PROTECTION OF MIGRATORY BIRD SPECIES All construction personnel shall be advised that migratory birds are protected under the Migratory Bird Treaty Act of 1918, as amended. The contractor may be held responsible for harming or harassing the birds, their eggs or their nests as a result of the construction. In order to meet these responsibilities, the Contractor shall conduct monitoring of the construction area from 1 April through 31 August, if construction activities occur during that period. If nesting birds are found, the Contracting Officer shall be contacted for instructions. 2.3.15 PROTECTION OF AIR RESOURCES The Contractor shall keep construction activities under surveillance, management, and control to minimize pollution of air resources. All activities, and work performed by the Contractor in accomplishing the specified construction shall be in strict accordance with the all applicable Federal, State and local emission and equipment and process performance laws and standards. Monitoring of air quality at the construction site(s) shall be the responsibility of the Contractor. 2.3.16 PROTECTION OF WATER RESOURCES AND WETLANDS The Contractor shall not pollute groundwater or any body of surface water, including the Atlantic Ocean, estuaries, rivers, streams, creeks, marshes, swamps, canals, ditches, lakes, or ponds. For the.purpose of this specification, pollution includes spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, dumping, or disposing of harmful substances into the environment. Harmful substances, including, but not limited to, fuels, oils, bitumens, calcium chloride, and acids shall not be allowed to pollute any waters. It is the responsibility of the Contractor to investigate and comply with all applicable Federal, State, and local laws concerning water pollution control. All work under this contract will be performed in such a manner that objectionable conditions will not be created in any groundwater or surface waters. 01430-7 It is the responsibility of the Contractor to comply with all Federal, State and local laws pertaining to dredging and disposal of dredged material. In addition, it is the responsibility of the Contractor to assure that no wetlands are adversely affected by dredging, disposal of dredged material, or associated operations (including land-based ` support activities) conducted under this contract. Any disposal or leakage of dredged material, outside the disposal area designated in this contract or not in compliance with placement criteria in this contract, even if unintentional, is the responsibility of the Contractor, and is subject to removal by the Contractor at his own expense upon the request of the Contracting Officer. Upon discovery of such misplaced material, the Contractor shall immediately take corrective action to stop the continued misplacement of dredged material, and shall contact the Contracting Officer's Representative for further instructions. The Contractor is responsible for monitoring all water and wetland areas affected by construction activities. In the event that water quality violations result from the Contractor's operation, the Contractor shall suspend the operation or operations causing the pollution, and such suspension shall not form the basis for a claim against the Federal Government. 2.3.17 PROTECTION OF FISH AND WILDLIFE RESOURCES The Contractor shall take such measures as may be required and perform all work in a manner that minimizes the disturbance of or interference with fish and wildlife, or fish and wildlife habitat. Measures will be taken to prevent polluting or fouling the water. All wash waters or waste shall be handled in accordance with applicable Federal, State and local laws prior to release into any natural water body. 2.3.18 PROTECTION OF ENDANGERED AND THREATENED SPECIES Species listed as endangered or threatened receive a high level of protection under the Endangered Species Act of 1973 (PL 93-205), as amended. Endangered or threatened species, including whales, sea turtles, manatees, and shortnose sturgeon, may be encountered in the project area during construction of this project. In addition, all marine mammals, including porpoises and dolphins, are protected under the Marine Mammal Protection Act of 1972 (PL 92-522), as amended. Therefore, the Contractor shall take such measures as may be required to assure that any activities conducted as a part of this contract do not kill, injure, capture, pursue, harass, or otherwise harm any of these species. Specific types of equipment and operations pose different types of hazards, so specific protective measures will vary depending upon the type of operation being conducted. Protected species frequently occur in North Carolina waters and the Contractor should plan the work accordingly. NOTIFICATION AND REPORTING REQUIREMENTS FOR INCIDENTS INVOLVING PROTECTED SPECIES - Incidents involving the death or injury of any protected species shall be reported to the Contracting Officer immediately. Also, the Contractor will prepare and provide to the Contracting Officer written records detailing the incident within 24 hours of its occurrence. )are known to be used PROJECT SPECIFIC REQUIREMENTS -North Carolina beach? Y for nesting by the loggerhead sea turtle, a federally listed threatened species. Should work occur during the nesting season (May 1 thru November 15), the Contracting Officer, under separate contract, will have sea turtle nest monitoring and relocation performed to minimize potential adverse impacts to this species. This separate contractor will be traversing the entire project area daily to locate and remove sea turtle nests to a hatchery outside of the project area. .11 Specific Contractor requirements for this project are as follows: (a) Through the period of sea turtle nesting and hatching (May 1 through November 15), construction pipes that are placed parallel to the shoreline will be placed as far landward as possible when passing over completed sections of the project. Temporary storage of pipes and equipment shall be off the beach, but not in wetland areas. If beach storage is considered necessary, prior approval will be obtained from the Contracting Officer. If approval is granted, pipes and equipment shall be placed as far landward as possible. (b) During construction, visual inspections of the disposal areas will be conducted to determine if escarpments greater that 18 inches high and 100 feet in length are present. If escarpments exceeding these dimensions are found, and the elevation of the placed material is within the maximum allowable elevation +6.0 feet NGVD (plus or minus 0.5 foot), the escarpment will be removed within 24 hours of receiving approval from the Contracting Officer by forming a smooth slope from the top of the placed material to the foreshore slope of the placed material. If the elevation of the placed material exceeds the maximum allowable elevation, material lying above the maximum allowable elevation will be removed and redeposited within other sections of the designated disposal area and within the allowable tolerances. NOTE: During the sea turtle nesting season, escarpments may not be leveled until results of daily sea turtle monitoring have been reviewed by the Contracting Officer and his approval granted for escarpment leveling. Escarpment leveling may only take place during daylight hours. (c) If, during the course of conducting work, a sea turtle nest is disturbed by construction activities, the Contractor will mark the nest location and cover the eggs, by hand, with at least 6 inches of sand. All beach disturbing activities will be stopped within a 100-foot radius of the nest to prevent further damage and the Contracting Officer notified immediately. Work in this area will not resume until the nest has been relocated and the Contracting Officer grants approval. (d) During the period of sea turtle nesting and hatching (May 1 through November 15), all beach lighting associated with project construction shall be minimized to the maximum extent practicable while maintaining compliance with all safety requirements. Reduced wattage and special fixtures or screens to reduce illumination of adjacent beach and nearshore waters shall be used if practical. Shielded low pressure sodium vapor lights are recommended for all lights on the beach. 01430-9 (e) If a dead, injured or sick sea turtle, or any other endangered or threatened i species is found in the project area by the Contractor, it must be left undisturbed and the Contracting Officer notified immediately. 2.3.19 PROTECTION AND RESTORATION OF LANDSCAPE AND MARINE VEGETATION DAMAGES The Contractor shall restore all landscape features and marine vegetation damaged or destroyed during construction operations outside the limits of the approved work areas. All landscape features damaged or destroyed during construction operations that were not identified for removal shall be restored. Any vegetation or landscape feature damaged shall be restored as nearly as possible to its original condition. This work will be accomplished at the Contractor's expense. 2.3.20 ENVIRONMENTAL QUALITY CONTROL The Contractor shall establish and maintain quality control for environmental protection of all items in this section. The Contractor shall record on daily quality control reports or attachments thereto, any problems in complying.with environmental laws and regulations, and corrective actions taken. 2.4 WORKAREA PLAN The Contractor shall include a Work Area Plan showing the proposed activities in each portion of the project area and identify the areas of limited use or nonuse. The Plan shall include measures for marking the limits of use areas. The Contractor shall include drawings identifying the areas of limited use or nonuse and show locations of any proposed temporary excavations or embankments for haul roads, stream crossings, material storage areas, structures, sanitary facilities, stockpiles of earth materials, and disposal areas for excess earth material and unsatisfactory earth materials. The Contractor's field offices, staging areas, stockpile storage, and temporary buildings shall be designated areas on the drawings or as approved. Temporary movement or relocation of Contractor facilities shall be only on approval by the Contracting Officer. Prior to any construction, the Contractor shall mark the areas within the designated work areas that are not required to accomplish work to be performed under this contract and which are to be protected. Isolated areas within the general work area which are to be saved and protected shall be marked or fenced. Monuments and markers shall be protected during construction. Where construction operations are to be conducted during darkness, the markers shall be visible in the dark. The Contractor shall convey to his personnel the purpose of marking and protection of all necessary objects. 2.5 POST CONSTRUCTION CLEANUP The Contractor shall clean up areas used for construction and remove all signs of temporary construction facilities; Contractor office, storage and staging areas; quarry and borrow areas; and all other areas used by the Contractor during construction. Any disturbed areas shall be graded and filled as approved by Contracting Officer. G C C ?c h e 2 C p n c c ti a a rc 01430-10 s x J State of North Carolina Department of Environment, Health, and Natural Resources Division of Marine Fisheries James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Bruce L. Freeman, Director MEMORANDUM ?EHNR February 3, 1997 TO: Jenny Owens USACOE - Wilmington Office FROM: P.A. Wojciechowski SUBJECT: DREDGE AND FILL PERMIT EA Maintenance Dredging of Rodanthe, Avon, and Rollinson Channels, Dare County Attached is the Division's reply for the above referenced project.. If you have any questions, please don't hesitate to contact me. PAW/bc P.O. Box 769, Morehead City, North Carolina 28557-0769 Telephone 919-726-7021 FAX 919-7?r,-11?F4 State of North CaQa Department of Environment, Health and Natural Resources Division of Marine Fisheries James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Bruce L. Freeman, Director MEMORANDUM: TO: FROM: SUBJECT DATE: Jenny Owens, USACOE - Wilmington District Sara E. Winslow, Biologist Supervisor A4 ,low 1111112101111111,11M ?EHNR EA Maintenance Dredging of Rodanthe, Avon, and Rollinson Channels, Dare County February 1, 1997 The Division of Marine Fisheries received your letter dated January 27, 1997, r requesting that the dredging window be extended to May 1. Through our telephone conversation last week, you indicated that the Corp would be requesting a one month extension. However, the May 1 date stated in the letter is two months. As indicated in the original memorandum (January 16, 1997) relative to this project, Pamlico Sound is a very important nursery area for various species of finfish and invertebrates. This is especially true when associated with SAVs. The environmental integrity of the area must be protected during the critical times of usage by these species. This agency conducts juvenile stock assessment sampling throughout these areas. Fifty-five species of finfish and invertebrates have been captured in these areas. Spot, blue crabs, spotted seatrout, summer flounder, and red drum have been the most abundant commercially and recreationally important species. Through numerous meetings between the Division and the Corps relative to dredging moratoriums, these time frames have been well known. The Division remains concerned with the associated impacts as a result of the project as in the previous comments. This agency has not requested the moratorium associated with the Rollinson Channel portion. of the project. The EA stated that SAVs were only patchy throughout the alignment. r , The information you supplied me January 30, 1997, states that approximately 2 acres of SAV P.O. Box 769, Morehead City, North Carolina 28557-0769 Telephone 919-726-7021 FAX 919-726.0254 . _ c....-. n„_,.... n tr.... _.%'_ ? _.. _ _ c._...t,...,,. Snot_ - Jenny Owens January 31, 1997 Page Two will be dredged within the channel. This amount is about 16.5% of the total bottom area of the proposed channel (100 ft. x 5 miles). While this portion is significant, the public benefits to be derived from this specific project renders this affect acceptable. The section in the EA relative to the Rodanthe Channel also stated that the SAVs were scattered and somewhat patchy. Reference the information you supplied on January 30, 1997 approximately 2 acres of SAV are present within the maintenance alignment. Based on Division sampling in the area the SAVs throughout this area of the sound are extensive. This agency recommends that the maintenance in the basin and within one-half mile of the shore be restricted to the moratorium time frame. That area outside the one-half mile distance would be allowed to occur within the requested moratorium time frame, but will be completed by May 1. It was stated in the information supplied (01/30/97) that no SAVs will be impacted with the Avon portion of the project. The Division requests that the requested moratorium be adhered to for the basin and within one-half mile of the shoreline. That portion outside that distance could occur within the moratorium time frame, but will be completed by May 1. If you have any questions within the next week, contact Harrel B. Johnson, NC DMF, s District Manager (919-264-3911). cc: P. Wojciechowski H. Johnson File i { i ?w7 t DEPARTMENT OF THE ARMY WILMINGTON DISTRICT. CORPS OF ENGINEERS P.O. Box 1890 WILMINGTON, NORTH CAROUNA28402-1890 t ?Tn ONOF January 27, 1997 Environmental Resources Section Ms. Sara Winslow North Carolina Division of Marine Fisheries 1367 U. S. 17, South Elizabeth City, North Carolina 27909 Dear Ms. Winslow: This letter is in reference to the dredging window discussed in your January 16, 1997, memorandum which provided comments on the Environmental Assessment Maintenance Dredging of Rodanthe Avon and Rollinson Channels Dare County North Carolina December 1996. Due to the extensive number of dredgIn g projects underway in the Wilmington District, the Corps of Engineers will be unable to complete the dredging of these channels within the designated dredging window. Funding is available for Fiscal Year 1997 and availability of funding for future maintenance is uncertain. Therefore, we would like to request that the dredging window be extended to May 1, for the Fiscal Year 1997 maintenance dredging. The maintenance dredging for these projects will begin as soon as all environmental issues are resolved, therefore, we would like to request that your response to Jenny Owens, at FAX (910)-251-4653, as soon as possible. If you have any questions in regard to this request, please contact Jenny Owens, at (910) 251-4757. Sincerely, Copy Furnished: Mr. Steve Benton Division of Coastal Management North Carolina Department of Environment, Health, and Natural Resources Frost Office Box 27687 Raleigh, North Carolina 27611-7687 11dlle_" . C. E. Shuford, Jr., P. E. Acting Chief Engineering and Planning Division 7 s ? t. Environmental Rev?ew Tracking Sheet DWQ - Water Quality Section 1 v ?F X9 MEMORANDUM '4 0 TO: 37 Env. Sciences Branch Technical Support Branch i * Wetlands ? Coleen Sullins, P&E ? John Dorney ? Dave Goodrich, P&E, NPDES `tio? s ? Eric Galamb (DoT) ? Carolyn McCaskill, P&E, State ,Greg Price (airports, COE) ? Bradley Bennett, P&E, Stormwater ? Steve Kroeger (utilities) ? Ruth Swanek, Instream Assess. (modeling) ? ? Carla Sanderson, Rapid Assess. * Bio. Resources, Habitat, End. Species ? ? Trish MacPherson ? Kathy Herring (forest/oRw/xQw) Operations Branch ? ? Dianne Wilburn, Facility Assessment * Toxicology ? Tom Poe, Pretreatment ? Larry Ausley ? Lisa Martin, Water Supply Watershed Regional Water Quality Supervisors .Planning Branch ? Asheville ? Mooresville ? Washington ? ? Fayetteville ? Raleigh ? Wilmington ? Winston-Salem FROM: Michelle Suverkrubbe, Planning Branch RE- j6 c.- -3) Ctn. Attached is a copy of the above document. Subject to the requirements of the North Carolina Environmental Policy Act, you are being asked to review the document for potential significan t impacts to the environment, especially pertinent to your jurisdiction, level of expertise or permit authority. Please check the appropriate box below and return this form to me along with your written comments, if any, by the date indicated. Thank you for your assistance. Suggestions for streamlining and expediting this process are greatly appreciated! Notes: You can reach me at: phone: (919) 733-5083, ext. 567 fax: (919) 715-5637 e-mail: michelle@dem.ehnr.state.nc.us mis:lcircmemo.doc c' r DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 December 13, 1996 IN REPLY REFER TO Environmental Resources Section Dear Madam or Sir: Enclosed is a copy of the Environmental Assessment, Maintenance Dredging of Rodanthe. Avon. and Rollinson Channels, Dare Countv. North Carolina. December 1996. The Environmental Assessment (EA) has been prepared in accordance with the Council on Environmental Quality and the U.S. Army Corps of Engineers regulations for implementing the National Environmental Policy Act of 1969, as amended. Based on information contained in the EA, we expect that the proposed Federal action, which consists of maintenance dredging utilizing upland diked disposal, beach disposal, and control-of-effluent disposal, will not significantly affect the quality of the human environment and that an Environmental Impact Statement will not be prepared. The EA is being circulated for review and comments. If we do not receive comments from you by January 23, 1997, we will assume that you have none. If you have any questions concerning this matter, please contact Ms. Jenny Owens, Environmental Resources Branch, at (910) 251-4757.. Sincerely, Terry Rf oun&4uth Lieutey r t Colonel, U.S. Army District Enaineer Enclosure ' ? `* "" , ? ?? ( %. US Army Corps of Engineers® Wilmington District ENVIRONMENTAL ASSESSMENT FOR MAINTENANCE DREDGING OF RODANTHE, AVON, AND ROLLINSON CHANNELS DARE COUNTY, NORTH CAROLINA DECEMBER 1996 State of North Carolina Department of Environment, Health and Natural Resources • Division of Water Quality -'C*v 1 21 James R Hunt, Jr., Govemor Jonathan R Howes, Secretary ID E H N FI A. Preston Howard, Jr., P.E., Director January 21, 1997 MEMORANDUM To: Melba McGee Through: John Dorn( \ " From: Greg Price Subject: Maintenance Dredging of Rodanthe, Avon, and Rollison Channels EA Dare County EHNR #97-0424 The subject document has been reviewed by this office. The Division of Water Quality (DWQ) is responsible for the issuance of the Section 401 Water Quality Certification for activities which impact waters of the state including wetlands. The following comments are offered in response to the EA. This project will require a 401 Certification issued for return water from upland contained disposal areas, beach disposal, and control-of-effluent disposal, requiring written concurrence from DWQ. The applicant is reminded that endorsement of an EA/FONSI by DWQ would not preclude the denial of a 401 Certification upon application if wetland impacts have not been avoided and minimized to the maximum extent practicable. Questions regarding the 401 Certification should be directed to Greg Price (733-1786) in DWQ's Water Quality Environmental Sciences Branch. cc: Michelle Suverkrubbe Environmental Sciences Branch • 4401 Reedy Creek Road Raleigh, North Carolina 27607 ENVIRONMENTAL ASSESSMENT MAINTENANCE OF RODANTHE, AVON, AND ROLLINSON CHANNELS DARE COUNTY, NORTH CAROLINA Table of Contents 4 ITEMS PAGE NO. 1.00 INTRODUCTION ................................................. 1 2.00 PROJECT AUTHORIZATION AND HISTORY ........................... 1 2.01 Rodanthe ............................................1 2.02 Avon ................................................2 2.03 Rollinson ............................................. 2 3.00 PROPOSED ACTION ............................................. 3 3.01 Rodanthe ............................................ 4 3.02 Avon ................................................ 5 3.03 Rollinson ............................................. 6 4.00 ALTERNATIVES ................................................. 6 4.01 Open Water Disposal ................................... 7 4.02 No Action Alternative ................................... 7 5.00 ENVIRONMENTAL EFFECTS ....................................... 7 5.01 Water Quality ......................................... 7 5.02 Marine and Estuarine Resources .......................... 9 5.03 Submerged Aquatic Vegetation (SAV) ..................... 10 5.03.1 Rodanthe ..................................... 11 5.03.2 Avon ......................................... 11 5.03.3 Rollinson ...................................... 11 5.04 Wetlands ............................................. 11 5.05 Terrestrial Resources .................................. 12 5.06 Threatened and Endangered Species ..................... 12 5.07 Archaeological/Historical Resources ....................... 15 5.08 Recreation and Aesthetic Resources ...................... 16 5.09 Hazardous and Toxic Waste (HTW) ....................... 17 5.10 Air Quality ........................................... 17 6.00 RELATIONSHIP TO N.C. COASTAL AREA MANAGEMENT PROGRAM .... 18 7.00 COORDINATION ................................................ 18 ENVIRONMENTAL ASSESSMENT MAINTENANCE OF RODANTHE, AVON, AND ROLLINSON CHANNELS DARE COUNTY, NORTH CAROLINA Table of Contents (CON'T) ITEMS PAGE NO. 8.00 LIST OF RECIPIENTS ........................................... 18 9.00 REFERENCES ................................................. 20 10.00 FINDING ..................................................... 21 FIGURES (All figures follow page 21 of the EA) FIGURE 1: Project Location FIGURE 2: Channel from Pamlico Sound to Rodanthe, NC FIGURE 3: Upland Disposal Areas, Rodanthe, NC FIGURE 4: Avon Harbor FIGURE 5: Rollinson Channel, NC FIGURE 6: Upland Disposal Area, Hatteras, NC (Rollinson Channel) FIGURE 7: Proposed Beach Disposal Area, Rodanthe, NC FIGURE 8: Proposed Highway 12 Disposal Site, Rodanthe, NC FIGURE 9: Proposed Beach Disposal Area, Avon, NC FIGURE 10: Proposed Beach Disposal Area, Hatteras, NC FIGURE 11: Submerged Aquatic Vegetation, Rodanthe, NC FIGURE 12: Submerged Aquatic Vegetation, Avon, NC FIGURE 13: Submerged Aquatic Vegetation, Rollinson Channel APPENDICES APPENDIX A: GRAIN SIZE DISTRIBUTION OF CHANNEL SEDIMENTS FIGURE A-1: Sediment Sampling Stations, Rodanthe, NC FIGURE A-2: Sediment Sampling Stations, Avon, NC FIGURE A-3: Sediment Sampling Stations, Rollinson Channel TABLE A-1: Rodanthe, Avon, and Rollinson Channels, Grain Size Analysis TABLE A-2: Rodanthe Channel, Grain Size Analysis APPENDIX B: EVALUATION OF SECTION 404(b)(1) GUIDELINES (FOR BEACH DISPOSAL) APPENDIX C: EVALUATION OF SECTION 404(b)(1) GUIDELINES (FOR RELEASE OF EFFLUENT FROM UPLAND DIKED DISPOSAL SITES) APPENDIX D: EVALUATION OF SECTION 404(b)(1) GUIDELINES (FOR CONTROL- OF-EFFLUENT DISPOSAL) ENVIRONMENTAL ASSESSMENT MAINTENANCE OF RODANTHE, AVON, AND ROLLINSON CHANNELS DARE COUNTY, NORTH CAROLINA 1.00 INTRODUCTION Due to severe shoaling, three small navigation projects, located in Pamlico Sound along the Outer Banks of North Carolina, require maintenance dredging to restore the channels to their previously authorized project depths. The three areas are the channels and harbors at Rodanthe and Rollinson and only the channel portion of the project at Avon (Figure 1). There is no available upland disposal site near Avon that could accommodate the fine-grained material that would be dredged from Avon Harbor. Therefore, maintenance dredging of Avon Harbor is not addressed in this Environmental Assessment (EA). Dredged material from the Rollinson and Avon channels, which is suitable for beach disposal (sandy) would be placed in designated disposal sites on nearby beaches. The sandy material that would be dredged from the Rodanthe project would be placed in the designated beach disposal site at Rodanthe or in an upland disposal site that is 1.5 miles north of the Rodanthe harbor, on the east side of Highway 12. For the 1997 maintenance dredging of the Rodanthe channel, all beach quality sand would be placed in the the site on the east side of Highway 12 (see Section 3.01 for a complete discussion). Dredged material from Rodanthe and Rollinson Harbors that is not suitable for beach disposal (muddy/silty) would be placed in upland diked disposal sites. The purpose of this EA is to address the environmental impacts of the maintenance dredging and dredged material disposal. 2.00 PROJECT AUTHORIZATION AND HISTORY 2.01 Rodanthe. The River and Harbor Act of March 2, 1945 authorized a channel 5,336 feet long and 100 feet wide to a depth of 6 feet at mean low water (miw) from the mouth of Blackmar Gut westward into Pamlico Sound. Through the gut the channel was authorized to a depth of 6 feet at mlw for a width of 60 feet and a length of 1,000 feet into an 80- to 100-foot wide turning basin (Figure 2). Maintenance dredging of this channel with disposal of dredged material in two upland disposal sites, located next to the harbor (Figure 3), was discussed in the Final Environmental Impact Statement, Maintenance of Navigation Projects on Sounds of North Carolina, dated July 1976 (USAED 1976). However, maintenance dredging has not been necessary for this channel since its original construction in 1965 when 75,408 cubic yards of material were removed. 2.02 Avon. The project at Avon, North Carolina consists of a direct channel 6 feet deep, 100 feet wide, and 3.5 miles long, to a basin, 6 feet deep, 100 feet wide, and 300 feet long (Figure 4). The original project alignment was authorized by the River and Harbor Act of March 2, 1945 as specified in House Document (HD) 316/76/1, however, the present alignment was authorized by Section 107 of the River and Harbor Act of July 14, 1960 as specified in the Detailed Project Report, approved May 5, 1965. The previously referenced FEIS (USAED 1976) discusses maintenance dredging of the Avon channel. Since original construction in 1947, when 79,857 cubic yards of material were removed, the project has been maintained a total of seven times. The last maintenance dredging was performed in 1986, when a hydraulic pipeline dredge placed approximately 14,539 cubic yards of material in two upland diked disposal sites, located adjacent to the harbor. 2.03 Rollinson. The initial channel from Pamlico Sound to Hatteras Basin, 6 feet deep by 100 feet wide and approximately 5 miles long, was authorized by the River and Harbor Act of August 30, 1935 as specified in HD 218172/1. On October 23, 1962, channel depth was increased to 12 feet in HD 457/87/2. A 6-foot deep basin was specified for Hatteras Basin on March 2, 1945, in HD 457/87/2 and increased to 12 feet deep on October 23, 1962, in HD 457/87/2 (Figure 5). Maintenance dredging of this channel, with disposal of dredged material in a privately-owned upland diked area, adjacent to the harbor (Figure 6) was also discussed in the FEIS (USAED 1976). Since original construction in 1937, when 78,348 cubic yards of material were removed, the channel has been maintained a total of 15 times. The last maintenance dredging was performed in 1988; a hydraulic pipeline dredge placed approximately 56,000 cubic yards of material in the nearby upland diked disposal site. 3.00 PROPOSED ACTION The proposed action involves maintenance dredging of the three projects, described above, with the sandy, coarse-grained material from the outer portions of the channels being placed in the designated beach disposal sites. As discussed in detail in Section 3.01, during some maintenance dredging events, such as the upcoming dredging, the coarse-grained material from Rodanthe would be placed in an upland 2 area on the east side of Highway 12 (Figure 7), using the control-of-effluent method disposal. The material would then be used by the North Carolina Department of Transportation (NCDOT) to aid in protecting Highway 12 from beach washover. Fine- grained, muddy material from the inner portions of the Rollinson and Rodanthe channels and all harbor material would be placed within the designated upland diked disposal sites. Dredging at Avon would begin at the outer end of the channel, where sediments are coarse-grained and suitable for beach disposal, and would cease near the entrance to the harbor where fine-grained material would be encountered. See Appendix A for sediment analyses and sample locations. Hydrographic surveys of all three projects have been completed and specific quantities required for the next maintenance dredging operation are discussed in Sections 3.01 through 3.03. Dredging would be accomplished by a hydraulic pipeline dredge and material would be removed to a depth of 8 feet below mean low water (mlw) (-6 feet mlw plus 2 feet overdepth). A dredging contractor would be selected by competitive bidding and dredging would take place between November 16 and April 30 of any given year to minimize impacts to significant resources. As stated previously, upland diked disposal, beach disposal, and control-of-effluent disposal would be used for this project. Bottom sediments from each of the three channels and harbors were sampled to make a determination regarding the suitability of dredged material for beach disposal and control-of-effluent disposal. This sampling and analyses of grain size distributions are discussed further in Appendix A. Dredged material that is suitable for beach disposal is defined as having a sand content of 90% or greater and a mud/silt content of 10% or less. In general, sediments from the outer ends of the channels to the harbor entrances were coarse-grained and suitable for beach disposal and sediments in and adjacent to the harbors were fine-grained and considered unacceptable for beach disposal (Appendix A). For this reason, it is proposed that materials dredged from areas that contain good, beach quality sand, be placed on the beach and materials dredged from areas that contain muddy/silty sediments be placed in upland diked disposal sites. As a result of coordination with interested agencies, the material pumped to the beaches may be placed below the limit of the wave uprush zone to minimize alterations and impacts to the upland portion of the beaches. The wave uprush zone is the part of the beach wetted by the normal wave uprush. See section 5.06 for further details regarding beach disposal. The dikes surrounding the upland disposal sites would be approximately 14 feet above mlw and constructed in a manner to guarantee a minimum of 2 feet of freeboard during operations. All dikes would be seeded and grassed in accordance with a Sedimentation and Erosion Control Plan. 3 Equipment (bulldozers, etc.), which may be required for construction of the dikes, including the placement of effluent weirs, discharge and outlet pipes, would be on- and off-loaded so as to avoid impacts to wetlands. The effluent pipe would be extended waterward of emergent wetlands. If necessary, construction mats would be used to on- and off-load equipment. The dredge pipeline may cross over, but not result in the fill of, high or low marsh to reach the disposal areas. Where the pipeline crosses the marsh, joints would be burlapped and welded to provide protection from leakage. Although, the proposed actions for Rodanthe, Avon, and Rollinson, are very similar, the specifics of dredged material disposal are unique to each area and are discussed in the following sections. It should be noted that three of the four upland disposal sites, discussed in the following paragraphs, were designated and addressed in the FEIS, Maintenance of Navigation Projects on Sounds of North Carolina, dated July 1976. These three sites are the one at Rollinson and the two sites at Rodanthe harbor. The site that has not been previously addressed is the site next to Highway 12 that would be used for the coarse-grained material from the Rodanthe channel. 3.01 Rodanthe. In order to restore the channel to Rodanthe to its authorized depth, it is estimated that 118,000 cubic yards of material would need to be removed. Based on grain size analysis of sediment samples from the channel and harbor at Rodanthe, material dredged from the harbor, to a point approximately 300' east of channel marker #6 (See Appendix A) contained less than 90% sand and, therefore, is considered unsuitable for beach disposal. This material would be placed in the two upland diked disposal sites that are located adjacent to Rodanthe Harbor. As shown in Figure 3, each of these disposal sites consists of approximately 2 acres of upland area, bordered by a wetland fringe between the upland and Pamlico Sound. Dredged material would be placed only in the upland portions of these sites. The material to be dredged from the outer end of the channel to a point near channel marker #6, consists of beach quality sand. It is anticipated that during most future maintenance dredging events, the coarse-grained (beach quality) material, approximately 100,000 cubic yards, would be placed in the designated beach disposal site (Figure 7). However, for the upcoming maintenance dredging of Rodanthe, the dredged material would be placed on the east side of Highway 12, 1.5 miles north of Rodanthe Harbor. Figure 8 shows boundaries of this disposal site, which is approximately 12 acres in size. Based on coordination with the NCDOT and the Cape Hatteras Electric Membership Corporation, the site boundaries are at least 20' east of the edge of Highway 12 and at least 50' from power lines and power poles. Throughout this document, this disposal area will be referred to as the "Highway 12" disposal site. The material placed in the Highway 12 site would be used by the NCDOT to aid in protecting the highway from beach washover. Details regarding NCDOT's use of this 4 dredged material are described in the following paragraphs. As shown in Table A-1, one sediment sample taken at the outer end (west end) of the Rodanthe harbor was 96% sand while a second one, taken nearby, was approximately 66% sand. It is thought that this second sample may represent a small lense of fine-grained material since all other samples in the main channel consisted of at least 90% sand. However, plans are for the dredging to begin in the middle of the channel, between channel markers #6 and #4 and proceed towards the ends of the channel. When fine-grained material is encountered, the dredge would cease pumping to the beach or to the Highway 12 disposal site and begin pumping material into one of the two upland disposal sites. In March of 1992, the North Carolina Division of Coastal Management (NCDCM) and the U. S. Fish and Wildlife Service (USFWS) issued permits to the NCDOT for placement of "temporary" sandbags on the beachfront, approximately 61/2 miles north of Rodanthe Harbor (just north of the USFWS Headquarters), to protect a 4000' section Highway 12 from beach washover. Due to frequent washover, NCDOT planned to move this section of Highway 12 inland several hundred feet. It was thought that relocation of the highway would greatly lessen the washover problem. Consequently, one condition of the permits issued for the sandbags, was that they were to be removed when the relocation of Highway 12 was completed. The relocation of this portion of the highway was completed in the fall of 1995, however, the sandbags remained in place until just recently, when a judge ordered that they be removed (removal of all sandbags was completed on November 15, 1996). Although the subject section of Highway 12 has been moved several hundred feet inland, it is still vulnerable to beach washover. As a result, in early October 1996, the State of North Carolina informed the Corps of Engineers that NCDOT wanted to investigate the possibility of replacing the sandbagged area with dredged material. On October 23, 1996, representatives from Dare County, NCDOT, the USFWS, the National Park Service (NPS), the North Carolina Division of Water Resources (NCDWR), the North Carolina Division of Coastal Management (NCDCM), and the Corps of Engineers met to discuss options that would meet the Corps' need for disposal of dredged material and NCDOT's need for material to protect Highway 12. The proposed plan, agreed upon by all present, is for the dredged material to be placed in the Highway 12 disposal site, where it would be easily accessible to NCDOT. A berm would be constructed parallel to Highway 12 and the dredged material would be placed east of the berm so that the effluent could be directed toward the ocean (control-of- effluent disposal). The dredged material would be allowed to dry out, at which time NCDOT would haul (by truck).the dried sand to areas along the beach where it is most needed, i. e. areas where the sandbags had been located. This area is approximately 41/2 miles north of the designated Highway 12 disposal site. 5 3.02 Avon. It is estimated that approximately 200,000 cubic yards of material would have to be removed from the Avon channel in order to reach the previously authorized project depth. Results of grain size analysis indicate that sediments from the outer end of the channel to an area near the harbor entrance are coarse-grained and are suitable for beach disposal (Appendix A). The proposed beach disposal area begins at a point 1.15 miles south of Avon harbor and extends north 3.1 miles (Figure 9). The previously used upland disposal sites at Avon Harbor are no longer useable and a new upland disposal site, which would be suitable for the fine-grained material from the harbor, is not available. Therefore, this document only addresses current and future dredging and disposal of the coarse-grained material from the channel leading into the harbor, and not the harbor, itself, or any fine-grained material outside the harbor entrance. If, in the'future, a suitable upland disposal site becomes available, an EA, which covers the harbor portion of the Avon project, would be prepared and circulated for 30-day review. 3.03 Rollinson. To restore the Rollinson channel and harbor to its previously authorized depth would require the removal of approximately 300,000 cubic yards of material. Based on the grain size analysis, samples from the inner harbor, out to Channel marker #32, contained a high percentage of muddy/silty sediments that would not be suitable for beach disposal. Material dredged from these areas would be placed in the 9.5-acre upland diked disposal site, located south of Rollinson Harbor (Figure 6). The estimated quantity of material to be placed in this upland diked disposal site is 75,000 cubic yards. Sediment samples taken from Channel marker #32, out to the end of the channel, near Channel markers #42RC and #44, contained a high percentage of beach quality sand. Material dredged from this portion of the channel, estimated to be approximately 225,000 cubic yards, would be placed in the designated beach disposal site. The beach disposal site begins at a point 0.85 miles south of the harbor and extends north 5.85 miles, to a point north of Frisco, North Carolina. The southernmost portion of this site has been previously designated and used for beach disposal of dredged material from the channel to Hatteras (Ferry Channel) (Figure 10). 4.00 ALTERNATIVES The alternatives to dredging of the subject channels were addressed in the previously referenced FEIS (USAED 1976). Major alternatives were to maintain the existing channels or to discontinue dredging of these channels. Without dredging (no 6 action), shoaling in the subject channels and harbors would make them unusable to many types of recreational and commercial vessels. Three methods of dredged material disposal would be used for this project. These include upland diked disposal of the fine-grained material from the Rodanthe and Rollinson channels, beach disposal of coarse-grained material from Rodanthe, Avon, and Rollinson channels, and control-of-effluent disposal of coarse-grained material from Rodanthe channel. During the upcoming maintenance dredging, and in the future, should NCDOT need material to protect Highway 12, the control-of-effluent method of disposal of coarse-grained material from Rodanthe would be used. One other method of dredged material disposal considered for this project was open water disposal. 4.01 Open Water Disposal. Open water disposal would produce more negative environmental impacts than beach disposal, upland diked disposal, or control-of-effluent disposal. Because of potential impacts to Submerged Aquatic Vegetation (SAV) and benthic resources, open water disposal would not be an option for this project. 4.02 No Action Alternative. Failure to implement maintenance dredging of the subject channels would severely limit navigation in these areas. In addition, failure to use the three disposal methods, described above, would make the proposed maintenance dredging very costly, as the existing upland sites do not have the capacity to hold all of the material needed to restore the channels and harbors to their authorized project depths; other disposal sites would have to be located and obtained. In addition, failure to use beach disposal and control-of-effluent disposal for this project would deprive the designated beach disposal areas and the area adjacent to Highway 12 of badly needed material. 5.00 ENVIRONMENTAL EFFECTS 5.01 Water Quality. 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. A letter dated August 16, 1995, was sent to the Division of Environmental Management requesting that a general water quality certification, pursuant to Section 401 (P.L. 95-217), be issued for disposal of dredged material on ocean beaches in 7 North Carolina. To date, a draft version of this general certification has been completed, however, a final version has not. The proposed beach disposal would be covered under this general certification, when it is finalized. A Section 404(b)(1) (PL 95-217) Evaluation and Statement of Findings has been prepared and signed and is included as Appendix B. Special Use Permits for beach disposal and control-of-effluent disposal alongside Highway 12 would be obtained. The proposed beach disposal site for the Rodanthe, Avon, and Rollinson channels is located within the boundaries of the Cape Hatteras National Seashore, therefore, the National Park Service would issue Special Use Permits for those areas. Pursuant to Section 401 of the Clean Water Act of 1977, as amended, a Water Quality General Certification (WQC #3024) for Corps of Engineers dredging activities using upland diked disposal sites was issued on September 6, 1995. A letter requesting that the proposed sites at Rodanthe and Rollinson be included under General Certification No. 3024 will be sent to the NCDEM concurrently with this EA. An updated Section 404(b)(1) Evaluation and Statement of Findings has been completed and signed and is included as Appendix C. A Section 401 Water Quality Certificate (WQC) will be required for the control-of- effluent disposal of dredged material from the Rodanthe channel. A letter requesting that a Section 401 WQC be issued for this work will be sent to the NCDEM concurrently with this EA. An updated Section 404(b)(1) Evaluation and Statement of Findings for this method of disposal has been completed and signed and is included as Appendix D. The Highway 12 site for Rodanthe is located within the boundaries of the Pea Island National Wildlife Refuge, therefore, the USFWS would issue a Special Use Permit for that area. A Section 404(a) Public Notice for the proposed work would be mailed for a 30 day comment and review period prior to award of the contract. Salinity in the vicinity of the project ranges from 17 parts per thousand (ppt) to 19 ppt (Harned and Davenport, 1990). No significant impact to the salinity of the area is expected to occur as result of the proposed action. The proposed work will be coordinated with the Dare County Mosquito Control Office. No significant mosquito problems are anticipated in conjunction with the proposed work. No significant adverse impacts to water quality are expected to occur as a result of the proposed work. 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 (see Section 5.09). 8 No adverse impacts to groundwater resources are expected to occur as a result of the proposed activity. 5.02 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. Most areas in the vicinity of the project are closed to shellfishing and the project area is at esignated as a primary nursery area. Any impacts on marine and estuarine resources as a result of dredging would be considered minor and temporary. 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. Some burrowing up through overburden would occur. Recolonization would be expected to begin as soon as the disposal operation ends. These invertebrates serve as an important food source for surf-feeding fish and shorebirds. Other than affecting benthic food sources in the immediate disposal area, no adverse effects to fishes should be expected in the vicinity of the dredging and disposal activities. Due to some uncertainty regarding the impacts of beach renourishment, in 1994, the Wilmington District U.S. Army Corps of Engineers contracted with the University of North Carolina at Wilmington (UNCW) to perform a literature review regarding impacts of beach renourishment in the southeastern United States. Based on the literature review, UNCW was to make management recommendations to minimize impacts and to make recommendations regarding additional monitoring efforts that may be warranted. The report, entitled A Review and Synthesis of Data on Surf Zone Fishes and Invertebrates in the South Atlantic Bight and the Potential Impacts from Beach Renourishment, was completed in May 1996 and made four recommendations. The four recommendations were in regard to timing of renourishment, sediment texture (compatibility), duration of renourishment, and amount of beachfront renourished at one time. The Wilmington District will follow the recommendations of this report to the greatest extent practicable. Maintenance dredging of the subject projects is not expected to cause significant impacts to estuarine and marine resources. 9 5.03 Submerged Aquatic Vegetation (SAV). In addition to fisheries resources present in the project area, submerged aquatic vegetation (SAV) is also present. The predominant type of seagrass found in the project vicinity is eelgrass (Zostera marina). SAV is usually found in shallow waters (<7' deep) and provides habitat for larval and juvenile fish and shellfish, including gray trout, red drum, spotted sea trout, mullet, spot, pinfish, pigfish, gag grouper, white grunt, silver perch, summer and southern flounder, pink and brown shrimp, blue crabs, hard shell clams and bay scallops. Seagrass beds are also frequented by adult spot, spotted sea trout, summer and southern flounder, pink and brown shrimp, blue crabs, hard shell clams, and provide primary habitat for the bay scallop (Ferguson et. al, 1989). SAV also provides food for many species of birds. Very little seagrass was found in the sediment samples that were taken from the Rodanthe, Avon, and Rollinson channels, however, some samples did contain seagrass. Specifics regarding each channel are discussed in sections 5.03.1 through 5.03.3. The discussion of seagrass beds is based on a site visit in October of 1994 and analysis of aerial photography, dated March 7, 1994.. Seagrass beds are very dynamic habitats, therefore, the conditions that would exist at the time of the proposed dredging may differ somewhat from the conditions described. in the following paragraphs. For the purpose of discussion, SAV will be described as either "patchy" or "dense." Patchy SAV is characterized by isolated or sparse clumps, for which a well-defined boundary is not discernible. Dense SAV is characterized by very dense clumps, where the individual clumps are not discernible, but the limits or boundaries of the seagrass beds are fairly distinct. Based on the site visit and analysis of aerial photography, it may be concluded that the proposed dredging would not traverse any dense beds of SAV, but may traverse areas that contain patchy distributions of SAV. Any clumps of SAV that are in the channel would be destroyed by maintenance dredging, however, most of SAV is outside the existing channel limits and should remain unharmed. According to Lisa Wood of the NMFS (Personal Communication), seed germination of eelgrass begins in early December of any given year and the dredging may have an effect on the eelgrass beds during this time. This potential effect would be the result of the increases in turbidity caused by dredging, however, according to Ms. Wood, there is no documentation to support this theory. Therefore, according to NMFS, the proposed dredging window of November 15 to April 30 would not cause significant impacts to SAV and would be acceptable for this project. The dredge pipeline would be routed so as to avoid eelgrass beds, if practical. 10 5.03.1 Rodanthe The aerial photography of Rodanthe shows a poorly-defined channel, however, adjacent sandbars and seagrass beds are well-defined. Figure 11 shows the limits of SAV near the Rodanthe channel. It should be noted that the boundaries depicted in Figure 11 include both patchy and dense distributions of SAV. On the north side of the channel, dense seagrass is found near the harbor and parallels the channel for approximately 2500 feet. This line of dense seagrass is approximately 700 feet north of the channel. On the south side of the channel the SAV is much less dense and consists mostly of patchy, isolated clumps. These isolated clumps of SAV exist within 50 feet of the channel and are more predominant south of the channel. Only one sediment sample from the Rodanthe Channel contained seagrass and it was found in 5 feet of water, between Channel markers #3 and #4. Based on the occurrence of seagrass in only one sample and analysis of aerial photography, which showed that the dense areas of SAV are several hundred feet from the channel, maintenance dredging of the channel at Rodanthe would have minimal impact on SAV. 5.03.2 Avon At Avon Harbor, dense SAV is present north of the channel (Figure 12). The SAV boundary parallels the channel and is approximately 50 feet north of the outer edge of the channel limits. Patchy SAV is present on the south side of the channel, but in most areas is several hundred feet outside the channel limits. Traces of eelgrass were found in several sediment samples taken at Avon Harbor, howeverwater depths in these areas were only two to three feet deep, providing favorable conditions for growth of SAV. Based on the site visit and available aerial photography, maintenance dredging would not take place in areas of densely distributed SAV, therefore, impacts to SAV as a result of the maintenance dredging would be minor. 5.03.3 Rollinson Based on the aerial photography of Rollinson channel, densely distributed SAV parallels both the north and south sides of the channel, however, the boundary of SAV is at least 100' from the channel in most areas. There is one small area, near Channel marker #33, where clumps of SAV extend into the channel (Figure 13). The water depth here was approximately 7.5' deep and the sediment sample extracted from this area contained some eelgrass. With the exception of this area, the SAV boundaries + are outside the channel limits and maintenance dredging would have only minor impacts on SAV. 5.04 Wetlands. The only wetlands that would have the potential to be impacted by the proposed 11 project are those associated with the upland diked disposal areas. As discussed in Section 3.00, the proposed disposal sites are flanked by wetland areas, however, all dredged material disposal would take place in the upland portions of the disposal sites. Therefore, the proposed work would not impact wetlands. 5.05 Terrestrial Resources. Impacts to terrestrial resources would result from the use of the upland diked disposal sites and for the control-of-effluent site for placement of dredged material. Since the upland disposal sites were used for disposal during original construction of the channels and past maintenance dredging events, they have become vegetated with scrub-shrub vegetation that is typical of dredged material disposal islands. Types of vegetation on the proposed upland diked disposal sites include the following: spartina (Spartina patens), sea oats (Uniola paniculata), marsh elder (Iva frutescens), wax myrtle (Myrica cerifera), marsh pennywort (Hydrocotyl unbellata), greenbrier (Smilax bona-nox), and a few small red cedars (Juniperus virginiana). The existing vegetation would be destroyed by dredged material disposal, however, the sites would be expected to revegetate with similar species within one to two years after disposal is complete. The Highway 12 disposal site, which would be used for control-of-effluent disposal, is a highly disturbed area. This area contains remnants of the old Highway 12, some open, sandy areas, and low-lying grasses and shrubs. Existing vegetation would be destroyed by dredged material disposal, however, the site would be expected to revegetate with similar species within one to two years after disposal is complete. The project would not impact prime and unique farmland. 5.06 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 SCIENTIFIC NAME Canis rufus Picoides borealis Stema dougallii dougallii Haliaeetus leucocephalus Falco peregrinus Amaranthus purnilus Trichechus manatus Dermochelys coriacea Chelonia mydas Eretmochelys irnbricata STATUS Experimental Population Endangered Endangered Endangered Endangered Threatened Endangered Endangered Threatened Endangered 12 SPECIES Loggerhead sea turtle Kemp's ridley sea turtle American alligator Finback whale Humpback whale Right whale Sei whale Sperm whale Shortnose sturgeon S/A - similarity of appearance SCIENTIFIC NAME Caretta caretta Lepidochelys kempii Alligator mississippiensis Balaenoptera physalus Megaptera novaeangliae Eubaleana glacialis Balaenoptera borealis Physeter catodon Acipenser brevirostrum STATUS Threatened Endangered Threatened(S/A) Endangered Endangered Endangered Endangered Endangered Endangered 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 Corps of Engineers on October 25 - 26, 1994 revealed that the project areas offer 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 areas and the abundance of nearby habitat, which would not 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. Seabeach amaranth is an annual or perennial plant that usually grows between the seaward toe of the dune and the mean high water line and predominantly near inlet areas. A survey of beaches in the project area, by Corps of Engineers personnel in 1994 and 1995 revealed no amaranthus plants. Due to the absence of seabeach amaranth within the project area, this species would not be affected by the proposed beach disposal. The manatee occurs in both salt and freshwater habitats and has been found in estuaries in the State. In addition, all listed species of sea turtles occur in the waters off the North Carolina Coast and within coastal inlets and sounds. Pipeline dredges are not known to take manatees or sea turtles, therefore the proposed dredging would not 13 affect this species. In North Carolina the green sea turtle, the Kemp's ridley sea turtle, and the loggerhead sea turtle are known from estuarine and oceanic waters, whereas the leatherback and the hawksbill are known principally from oceanic waters. All of these species are considered to be residents of North Carolina waters primarily from the spring through the fall although occasional winter records exist for loggerheads, greens, and Kemp's ridleys. Of these three species, only the loggerhead is considered to be a regular nester in North Carolina, while the green nests occasionally in the State and the Kemp's ridley has been documented to nest in the State only once. Sea turtles are known to nest on ocean beaches in North Carolina between May 1 and August 30. The sea turtle nesting season begins in early spring, increases to a peak in late spring to mid-summer, and declines until completion in late summer (August). The loggerhead sea turtle (threatened) is known to nest all along North Carolina's coast, with numbers gradually increasing toward the south. The green sea turtle generally nests in more southern parts of the country but has been known in recent years to nest sporadically in southeastern portions of North Carolina. Sea turtles known to nest in the project area include the loggerhead sea turtle and the green sea turtle. Disposal of dredged material on the subject beaches would have a beneficial affect to the nesting sea turtles through the restoration of lost habitat. Beach disposal at Rodanthe, Rollinson, and Avon would be routinely scheduled to take place between November 16 and April 30 of any given year, to the maximum extent practicable, to avoid impacts to nesting sea turtles. Should project construction extend into the sea turtle nesting season as a result of project delays, construction would only be done after coordination with the NMFS and the USFWS, and approval of a turtle nesting and relocation program by the USFWS and the North Carolina Wildlife Resources Commission (NCWRC). Sand compaction would be tested on beach disposal areas. If sand compaction exceeds 500 cone penetrometer units (CPUs), tilling would be performed. 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 loss of sea turtle nests is anticipated. 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. . Through the placement of material at or below the +6 feet m.s.l. elevation and the testing of the material for compaction and subsequent tilling, if required, the placement of dredged material on the oceanfront beach of Rodanthe, Avon, and Hatteras (Rollinson channel) is not likely to adversely affect threatened or endangered sea turtles. If it is determined that beach disposal would occur during the sea turtle nesting season (May 1 through November 15), formal consultation in accordance with Section 7 14 of the Endangered Species Act, as amended, would be initiated. 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. According to Tom Henson of the WRC, piping plovers nest at Hatteras Inlet and at the point at Cape Hatteras. However, all 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. 5.07 Archaeological/Historical Resources. No archaeological or historical resources would be affected by the proposed maintenance dredging or the disposal of the dredged material in the upland diked disposal sites or in the Highway 12 site. The area to be dredged is a previously dredged channel and the upland disposal areas have been previously utilized for dredged material disposal. The proposed control-of-effluent site is located in the area where Highway 12 previously existed (before it was relocated in 1995) and is, therefore, highly disturbed. Should unanticipated archaeological or historical remains be encountered during the proposed maintenance dredging operation, or within any of the disposal areas, they would be evaluated pursuant to Federal agency responsibilities under the National Historic Preservation Act. Impacts from vehicles and construction equipment used in placing dredged material are discussed below. Project requirements have been coordinated with 15 Richard Lawrence, Chief, Underwater Archaeology Unit (UAU), Office of State Archaeology, Division of Archives and History, North Carolina Department of Cultural Resources. According to Mr. Lawrence, the beach disposal areas occur within two archaeological sub-divisions of the coast: North Hatteras Beach, extending from Cape Hatteras to Pea Island, and South Hatteras Beach, extending from Cape Hatteras to Ocracoke. The UAU site files list 25 wrecks for the North Hatteras Beach unit and 3 wrecks for the South Hatteras Beach unit. Of the northern wrecks, one is within the Avon beach disposal area. This is wreck 0025NHB, recorded January, 1995. Of the southern wrecks, one is within a proposed disposal area; this is, 0003SHB, recorded January, 1995. There are other wrecks known from the beach and offshore of both areas but none are believed to be in the area of effect. The greatest threat to these wrecks is impact by heavy equipment operating on the beach. Disposal, per se, is not regarded as a threat. In order to assure that damage does not occur, the following steps will be taken: 1) Sometime during the winter of 1997, prior to dredging, the two known wrecks will be visually relocated. Compass bearings and tape measurements will then be taken from established or recoverable datum points so that the wreck locations can be reestablished just prior to beach disposal. This is necessary because the wrecks are likely to be naturally covered with sand within a few months of their initial recording. 2) A few weeks prior to project maintenance, the wrecks or their documented locations will be relocated and flagged so that they can be avoided by heavy equipment. In addition, other portions of the project area will be visually inspected to assure that no other wreckage has been uncovered in the interim between location documentation and project construction. Any new wreck finds will be flagged for avoidance. There are no other archaeological survey requirements for the proposed beach disposal. 5.08 Recreation and Aesthetic Resources. The subject channels and harbors are used extensively by recreational and commercial vessels and the proposed maintenance dredging would allow safe navigability of these areas. The proposed upland disposal areas are quite disturbed due to their past use for dredged material disposal. The disposal site at Rollinson has an existing dike, however, the site at Rodanthe, although previously used for dredged material disposal, does not have an existing dike. Therefore, the proposed action would not result in any notable changes to the landscape at Rollinson, but would somewhat alter the landscape at Rodanthe. The landscape at the Highway 12 site would be temporarily modified by the construction of a berm and by the disposal of 16 material, however, it is anticipated that the landscape would return to its present state after NCDOT removes the dredged material from the site. The ocean, beach, dunes, and beach vegetation offer natural scenery that is aesthetically appealing to many. The area of wave uprush where disposal of dredged material is proposed is extensively used for recreational activities such as swimming, walking, sunbathing, and surf fishing. To minimize impacts on these activities, beach disposal would be limited to November 16 through April 30. The impacts to beach recreation and aesthetics are expected to be short-term and minor. The dredged material to be discharged may contain some silt; however, this fine-grained material would not be retained in the beach profile but would be quickly winnowed by wave action. The appearance of the beach would likely be only temporarily degraded. Disposal would result in a temporary widening of the beaches, which should improve the recreation and aesthetics of these areas. 5.09 Hazardous and Toxic Waste (HTW). The U.S. Army Corps of Engineers standard tiered approach was used to analyze the potential for encountering contaminated sediments in the areas to be dredged. According to this analysis, before any chemical or physical testing of sediments may be conducted, a reason to believe that the sediments may be contaminated must be established. The sediments in the channels to be dredged are derived from sediment transport and deposition by wind and tidal currents. The probability of the sites being contaminated by pollutants is low since they are not within the vicinity of any known dumping activities, industrial outfalls, or contaminated waters. Sediments that would be dredged and placed on the beach are fine-to-medium grained sandy materials. Therefore, no further analyses or physical and chemical testing of the sediments is recommended. 5.10 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 County 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. 17 6.00 RELATIONSHIP TO N.C. COASTAL AREA MANAGEMENT PROGRAM Based on the information presented within this environmental assessment, the proposed maintenance dredging of the subject channels and dredged material disposal is consistent with the approved Coastal Management Program of the State of North Carolina and the Dare County Land Use Plan (1994 update). During coordination of the EA, the North Carolina Division of Coastal Management will review the information presented herein and furnish a consistency position on the proposed work. 7.00 COORDINATION Representatives from the following agencies were contacted regarding the proposed action: National Marine Fisheries Service, Beaufort, NC National Marine Fisheries Service, St. Petersburg, Florida North Carolina Division of Environmental Management North Carolina Division of Coastal Management North Carolina Department of Cultural Resources North Carolina Division of Water Resources North Carolina Department of Transportation North Carolina Division of Marine Fisheries North Carolina Division of Health Services North Carolina Wildlife Resources Commission U. S. Fish and Wildlife Service, Raleigh, NC U. S. Fish and Wildlife Service, Manteo, NC National Park Service, Cape Hatteras, NC Cape Hatteras Electric Membership Corporation Dare County 8.00 LIST OF RECIPIENTS This EA is being circulated for a 30-day review and comment period to the following concerned agencies and individuals. Federal Agencies Advisory Council on Historic Preservation Fifth Coast Guard District Director, Office of Environmental Compliance, U.S. Department of Energy 18 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 Cape Fear Community College Cape Fear River Research Institute Dare County Oregon Inlet and Waterways Commission Conservation Groups Center for Environmental Health Conservation Council of North Carolina Environmental Defense Fund American Rivers National Audubon Society 19 National Wildlife Federation North Carolina Coastal Federation North Carolina Wildlife Federation Sierra Club Libraries Librarian, North Carolina Department of Environment, Health, and Natural Resources State Library of North Carolina Randall Library, UNC-Wilmington UNC-Chapel Hill Library Joyner Library, East Carolina University Elected and Local Officials All U.S. Senators and Representatives for the State of North Carolina Dare County Board of Commissioners County Manager, Dare County Town Managers Mayors Postmasters 9.00 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. 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), Wimington, North Carolina. 111 pages. Harnad, D. A. and M. S. Davenport. 1990. Water-Quality Trends and Basin Activities 20 and Characteristics for the Albemarle-Pamlico Estuarine System, North Carolina and Virginia. U. S. Geological Survey Open-File Report 90-398, prepared in cooperation with the North Carolina Department of Environment, Health, and Natural Resources. 164 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. July 1976. Final Environmental Impact Statement Maintenance of Navigation Projects on Sounds of North Carolina North Carolina. 258 pages. Wood, Lisa. NMFS. Personal Communication, January 17 and January 23, 1995. 10.00 FINDING The proposed action should not significantly affect the quality of the human environment; therefore, an Environmental Impact Statement will probably not be required. If this opinion is upheld following circulation of this EA, a Finding of No Significant Impact (FONSI) will be signed and circulated. 21 ? ? s ? t t I ? f t ? ? b`?Sound , ,"TYRRELL N DARE oil a HYD E a -'CARTERET - a. u ROD ` a ? ovn tg ?o ? 4 }{ATTERAS (ROLLINSON CHANNEL) N Figure 1 f E r s•r• wust 1 ` r v w ileg _ ° ROOANTHE i 6 0 / < ` g v l 1000 f rAr[N < ??.,,?.. ?„ ter:. •. ••„`.....- ?" DETAIL OF BASIN ?- SCALE OF FEET f ? DARE COUNTY D 3 o 0 G 2 D 6'X IOO' CHANNEL UL z F~ T 9 f r NN 0 Z 1 s a z s n y w _ Q O n a z 1 CHANNEL FROM PAMLICO SOUND TO RODANTHE, NORTH CAROLINA SCALE OF FEET O 1000 8000 12000 Figure 2 M N LL c f it g io W NS'idW ONV-Idn • cl ..?• A...? •`. ivia3lew aaa3aa •• ' ' ?S M Sir OZ9 9' NS2?b?W Its. 1 A? ? 1 -73NNVH?) 02K Y1S s„???ua jvti e µ £3N117SYi1 7,?NNY1q 7?NV?LLN9" H S-1 b W 1? of Z C) 110 m r --? - - i ?r 2,99 b• -A ,9.• .29 bt ..?... _...r.r.r?.., ....?.....w=mmml!o ..?. • ONVIdn ?;;'.., • . , . ' w...?,,, t....,,,,,, ,.,,,.,.?,,,, ' ; X15 ^*?>; • ' 1d1831dW 03Ja380 `i4 a r" d`? I HS?b?IN w ?o stl M,",%9% PROJECT BASIN I00' X 300' _--.-----_ i AVON rc j --__--- 6?X 100 -- -- --- t,"' - Oc 'N DETAIL OF BASIN ?t? SCALE Of FEET LOCAOTT MAP oe a ao tae s qo SCAU w rtes Q r• J 0 s N 3 S ML-f: . 3Mi.' ' X 100' O G Imi AV N Ira DARE COUNTY Mi. y O V l 2 Q M V CLA 9UXTOW Q CAPE NATTERAS AVON HARBOR NORTH CAROLINA- SCALE OF MILES TYPICAL SECTION O 1 2 3 4 Figure 4 v\ #o \r a.z rbJ J\ 5 0 \ \ ?V \ Q! ? R17BBLE ?? BREAKWATER f OI N DETAIL OF BASIN 4YL AT HATTERAS SCALE Of ttLT - \ \ ' o Soo ace goo \ ~ ROLUNSON CHANNEL \`? _? 12' X 100' i....-• WAL N " 14 Zod 00 ' \\ , L ' ' ??? tYL \? DU RANT PT. P A ... \? \ $A#pr SAY - L-t • ? ? E ??"ti _ M- `:,_ va O G E A N 9„ N,?IG A t ? A co"~S? ? 9s "? ol r w.L.w. ----------- --- 1 s IOC TYPICAL SECTION HATTERAS Distances on meosored from basin at Hatteras. ROLLINSON CHANNEL, NORTH CAROLINA SCALE OF MILES 0 1 2 S Figure 5 EN Np. R Qpt-ft' GENERAL 95AG ? Rem 0G DISPOSAL AREA HATTERAS, NC (ROLLINSON CHANNEL) SCALE: 1:12,000 Figure 6 Round P.arafnoA.- Bay j , , 't1} W I L D L I F E Highway 12 Disposal Site R E F /U_ G (approximate location) sync ??y _ Pauli Ditfhr s• .? _l,d Uncle J'uam ?? `' "? `• t Lanaisr ' i O Greens Pt ?-•??? ?„+ ? 1? a BIacfiner Gul :.••a ?' E 1 0 Cam. 1, of Rodanthe- J. 7 U- pis: t 4_ .zL r ffllf: t North Drain Aunt Phoebes '. Proposed Beach Disposal Area c?T Marsh - U) and Highway 12 Site Rodanthe, North Carolina Scale: 1:24,000 From: Rodanthe, NC USGS Quad Figure 7 z Q w U O U H z Q J H Q 1 ^ 1 r r ? . ? . rv w z a ? LL. - U3 O r W O „ C a ?v Q e 1 e =- i 1 ' i " e , , ?a 7 f t 4 +? ca c? • f4 N O cu o U LLJ a U CL W CV L Z C A ., C cu 3 - cu 0) o l I I s? I N iQ t= ?O 1= t \I 1 g F ri u I 1 1 ? I I I 's Figure 8 co sig CIO -- pw u. Otter Pond Pt Gibbs FY •. i3 1 `L f w co I Q 12 0 vo :. 600( ?? fs •G $plre - - FEET Az. 41 _- ZIP ..Black- c Q - Hammock? )?,a - 20' PROPOSED BEACH DISPOSAL AREA c <s cow AVON, NC SCALE: 1:24,000 •.`AS __ FROM: USGS QUADS BUXTON.NC Figure 9 Q r ID rn LL • • . . ... 1 ... 1 . • 1 1 1 1 • ???//1 ' . 1 1 1 .. • ..... l .• . . • .. • • ... • • • • ......................... : J.A / \ r••.?•••..••. ••• ••.... •••:..•:.11..•11•• VY \ ?•.•••...•••..•...•.•.•..• ....• ••.... • ' • .. • • • . • ... ................. ........: :.. ... ... ...:.::.. ?11L ??a= = 4 ... ..::: ........... ..: ... .......... . :•• ::: :: .: .::: •••.•••••••••• 1 ..........: :.. ......................... ... ...................................... . ......... .......................................... . ............................................ •. •. •. • • •. 040. • • -%ft ••:.:?.; .. 0:00:0 .: •.; •. •.; •.. el 00. 00. •. •• •• ••. ••. ••:•. ••. ••. •• ••. ••. •• • ••. • •. ••• . 00. 00" • ••• •••• • •. • •. • •••: • •••• ••• 0-.'000 00 000 .0 0 0 000 004 00: 00 0.. 0.:,. 000 *00 RODANTHE, NC Al .= = Navigation Channel C? Submerged Aquatic Vegetation (SAV) x -----• Limit of visibility of SAV in photos SCALE: 1" _ -1000' " based on aerial photos. dated March 7.1934 Figure 11 . •.. -••• - .? sl1229 = a ter:.,: -•_ 10. ••• r • • • •? . -base : ,:: 40 1•••••111111.1 : /?•f Kim°. • ..tom ?•l}?• ................. . ?•= ?-. -- ice- ;c:?; •11••11••'1.11111 ?• t -? ? •lY'_..- r.............. ----•--1111111• •.•a t ??? .?a_ •?'•?N• f:/r :'? •t ?• 111111111•• •1 ?? ? fir ? ??? •11111111.11-?•.•? -• 'Q%J?,;j CZ.• •1•••••111•• -+?? KM ti:?: ?c_. •1111.1 ?•.. . ? :?,tiw */ •1.11.111••• ?1 -????' r t =?•i ?• % +••11111111••• -? • ?? •- • ? ?f• •LI.1 ••111• •_?_• -:? S ?.:'-:1`?r. r _ AVON NC - - - Navigation Channel Offer Pond Pt _? ?•? Submerged Aquatic Vegetation (SAV) ..-.-?. Limit of visibility of SAV in photos SCALE 1"=-10W Tom=== based on aerial photos, dated March 7,1994 Figure 12 I?•.• '•'•'•; a '?111ctsciri•C•f?acj?lei Beacon X.x % • • • • • • • • • • • • t,••• •• • • • • • H N ?sYr• • •• • sS % • • Ile 00 45 401 0.4 _ JL s - • -?' •• ROLLINSON CHANNEL ?? • / -- - .. Navigation Channel Submerged Aquatic Vegetation (SAN)4` S C limit of Visibility of SAV in photos ?? ,, - ?• J' SCALE Z" _ «1000' .f? \ L based on aerial photos. dated March 7.1994 Figure 13 APPENDIX A GRAIN SIZE DISTRIBUTION OF CHANNEL SEDIMENTS RODANTHE, AVON, AND ROLLINSON CHANNELS DARE COUNTY, NORTH CAROLINA Sediment sampling, using a Peterson grab sampler, was performed by the Corps of Engineers at Rollinson, Rodanthe, and Avon. Due to the limited capacity of the upland disposal areas at Rodanthe Harbor, vibracore sampling was also performed. This additional sediment analysis was thought to be necessary in order to more accurately determine the volume of the fine-grained sediments that would have to be placed in the upland disposal sites. This additional sediment analysis was completed by the North Carolina Division of Water Resources (NCDWR). Samples were taken by the Corps of Engineers at Avon, NC on July 29, 1994 and samples at Rodanthe and Rollinson were taken on October 25th and 26th, 1994. It should be noted that samples were extracted only from the surface of the bottom. Sampling stations were positioned by reference to channel markers and by estimating the distance between the markers. At Rodanthe, samples were taken approximately every 1000 feet, and at Avon and Rollinson, samples were taken approximately every 2000 feet. Figures A-1 through A-3 show the approximate sampling locations at each of the three projects. At the time of sampling, a bathymetric survey of Avon had been completed, therefore at Avon, an attempt was made to extract the sediment samples from known shoaled areas within the channel. A bathymetric survey for the Rodanthe and Rollinson channels was not available at the time of sampling, so all samples were taken near the centerline of the channel. Sediment samples were sent to the U.S. Army Corps of Engineers' South Atlantic Division (SAD) Laboratory in Marietta, Georgia, for grain size -sieve analysis. The NCDWR extracted the vibracore samples from Rodanthe in October of 1996 and they were sent to the GeoTechnologies, Inc. laboratory in Raleigh, North Carolina. Samples were taken along the centerline of the channel and spacing between sample stations was approximately 600' (Figure A-1). The sample locations and results of grain size analyses are summarized in Figures A-1 through A-3 and Tables A-1 through A-2. Copies of the actual laboratory results (grain size distribution graphs) are available from the Corps of Engineers' Environmental Resources Section, upon request. A-1 + + + + LO / 00 t c / M / / i• / r.. C ''O^^ V V/ J 0 d E CL m E CL m C V) O E c c (D cn U m C O U O Z N L C N .O O Q.' O Q? 0- E U) 2 O U T .Q 0 N a- C VJ CD c O L O d. + + :a t . U J + O N Q z W w o?? s J O (h O W W ¢ LL LL O U ~ a N Q ¢ e U ?j Q J U W = a N N Y H W m a z W Z> m N (D N > pp W q > a, W > x a Z m m w + S N C w I , w 4 j cr a LO w ((D R •- Z 1- ? I > Ul O W ('1 W a U CO v m O LU L, O ^ O m a) N U m s w so a a ? R _ X J O W 1 w N r N , ¢ o W W O ¢> a ¢ o U c a 'I Of z m o U) 0 z ¢ w ° - z z (I r U O (n O W N O 0 v Z) m IL 7_ '? •-• ^ IV z b a .: + z a x ;? Z Jo J .?- w w LL Z N J + Q m U _P Q) Y N c c Q L BASIN GX I00• x sod ® --A-21 1 -- A-4?? ,,yy l AVON ? 6• x goo' 3?_.---? i ?-I' 1 .--- 8 - t-- DETAIL Of BASIN SCALE Of FEET w • w ea ? x •4CICCi •?-• l %? sc `? ?? t ? • ?? `? Cc / apCa:?r .•?? t c ' t g F f 0s ? E • ? v 0 5 0 ` ? l' ti?A???rA-7 E t' .Ss? $- 6 ? to « p w L e CARE COUNTY i i _ iP, 11 'n V ? oto? sNO.ls ? Njio ? wa ?rcT?ac ts`- ?Ka i t/AttE?A uFE NaTlERaf SAMPLnTG STATIONS AVON HARBOR, ?-# Navigation Aids NORTH CAROLINA *R-# Sediment Samples SCALE Of MiLCS ? c 1 2 3 ? Figure A-2 Fiaure A-3 RODANTHE, AVON, AND ROLLINSON CHANNELS GRAIN SIZE ANALYSIS AREA SAMPLED SAMPLE # LOCATION % SAND % SILT MEDIAN GRAIN SIZE RODANTHE R-1 100' NW of DM #3 96 4 0.180 R-2 between DM #3 & DM #4 89 11 0.190 R-3 DM #4 95 5 0.180 R-4 between DM #4 & DM #6 89 11 0.180 R-5 30'N of DM #6 43 57 0.065 R-6 outside throat of harbor 17 83 0.045 R-7 inside throat of harbor 23 77 0.017 AVON A-1 in harbor 22 78 0.016 A-2 channel to harbor mouth 24 76 0.022 A-3 mouth of harbor 47 53 0.063 A-4 DM #8 98 2 0.350 A-5 between DM #6 & DM #8 98 2 0.510 A-6 DM #6 80 20 0.130 A-7 1000' from DM #6 89 11 0.160 A-8 2500' from DM #6 84 16 0.160 A-9 7500' from DM #6 96 4 0.170 A-10 10,000' from DM #6 89 11 0.150 ROLLINSON H-1 between DM #42RC & DM #4 95 5 0.180 H-2 1000' N of DM #39 98 2 0.190 H-3 200' NW of DM #38 74 26 0.095 H-4 200' NW of DM #36 93 7 0.120 H-5 400' NE of DM 935 94 6 0.120 H-6 100' NNE of DM #34 78 22 0.100 H-7 300' E of DM #33 91 9 0.180 H-8 100' E of DM #32 93 7 0.200 H-9 50' W of DM #30 14 86 0.039 H-10 500' NW of DM #30 11 89 0.032 H-11 40' E of DM #HR 7 93 0.057 H-12 inside throat 41 59 ( 0.052 Table A-1. Results of grain size analysis - Rodanthe, Avon, and Rollinson Channels. Samples extracted by Corps of Engineers using a Peterson Grab sampler. N N H a w 0 CIO +A ti w cn V w z a w w a ?' z z z z z z z Od S S O\ N ? M '-. ' ? (ON oo ON ? 00 ,-? M 00 to en [- 00 O O O O t? O\ O O` M M ?t 00 o0 O\ O O CN cV N Q\ O\ C? M C t-- to 00 10 _4 k" C) ON ? ON ? 00 oo M efi S p O O? 00 M 00 M ? 0 (ON 0 00 N 06 MI S p O rn to O Q\ \O 00 O? ON O\ O? N O\ M 0O tVl O S O N p \ O O C, . W) a 00 M Wn O M d p\ O\ 00 O\ DD M O O O O S gj d cV d' \0 N A G7 co y N at at W r- 42 G 0 O r- .26 .r. as as U N ZVI:: O LL H cqs y O x z co O) to C _O N Q O O E U Co f A L V/ ^'. O W cn W C .Co C (D U a O O 0 (n a' 'Fn c O O L cii cu - .C N U .N ? O O ?.z 0)>, 4-- 0 -0 :3 cu CO a) x 0? a) N Q ..O c4 _N Q. E cn N 0 U (Q APPENDIX B MAINTENANCE OF RODANTHE, AVON, AND ROLLINSON CHANNELS DARE COUNTY, NORTH CAROLINA EVALUATION OF SECTION 404(b)(1) GUIDELINES 40 CFR 230 (FOR BEACH DISPOSAL) MAINTENANCE OF RODANTHE, AVON, AND ROLLINSON CHANNELS DARE COUNTY, NORTH CAROLINA EVALUATION OF SECTION 404(b)(1) GUIDELINES 40 CFR 230 Section 404 Public Notice No.CESAW-EP-PE-97-28-0003 Review of Compliance (230.10(a)-(d)) Preliminary1/ 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 N01_1" YES X N01_1 YESI-1 N01_1' YES1 X I N01_1 YESI-1 N01_1" YES X l N01_I YESI-1 N01_1' YES X l N01_1 B-1 2. Technical Evaluation Factors (Subparts C-F) Not Signifi- Signifi- 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. I ? X I I I I I I I J X I I I I X I I I I I I I ! X I I I I I I I X I I I I I I X I 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). I I I I I X I I I X I I I I I I I X I I 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. I X I I I X I I I X I X I I i I X I 1 I X I I I d. Human Use Characteristics (Subpart F) (1) Effects on municipal and private water supplies. (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. I Remarks: Where a check is placed under the significant category, preparer add explanation below. I I I I I X I I I I I I I I I X I I I X I I I X I I I I I I I I I X I Proceed to Section 3 "See page B-6. B-2 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 .......................................IN (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 ..................................... I_I (4) Known, significant sources of persistent pesticides from - land runoff or percolation ..................................... I_I (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: EA "Maintenance of Rodanthe, Avon, and Rollinson Channels Dare County, North Carolina, " December 1996 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 Proceed to Section 4 ', 3/, see page B-6. B-3 4. Disposal Site Determinations (230.11(f)). a. The following factors as appropriate, have been considered in evaluating the disposal site. (1) Depth of water at disposal site ................................. (2) Current velocity, direction, and _ variability at disposal site ..................................... (3) Degree of turbulence ........................................ (X? (4) Water column stratification .................................... (5) Discharge vessel speed and _ direction ................................................. (6) Rate of discharge ........................................ .. IXI (7) Dredged material characteristics (constituents, amount and type _ of material, settling velocities) ................................. (8) Number of discharges per unit of _ time ...................................................... (9)' Other factors affecting rates and _ patterns of mixing (specify) .................................. ..I List appropriate references. Reference: EA "Maintenance of Rodanthe, Avon, and Rollinson Channels Dare County, North Carolina, " December 1996 b. An evaluation of the appropriate factors in 4a above indicates that the disposal site and/or size of mixing zone are acceptable ................... YES 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 NO For water quality see Section 5.01 of the EA. For marine and estuarine resources see Section 5.02 of the EA. For submerged aquatic vegetation see Section 5.03 of the EA. For wetlands and terrestrial resources see Sections 5.04 and 5.05 of the EA For threatened and endangered species see Section 5.06 of the EA. Return 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 2-30.111. 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 I_I* 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 1_1- d. Contaminant availability (review sections 2a, 3, and 4). YES IXI NO I_I* e. Aquatic ecosystem structure and function YES IN NO IS (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 I_I* h. Secondary impacts on the aquatic _ ecosystem. YES IXI NO 7. Findings. a. The proposed disposal site for discharge of dredged or fill material complies with the _ Section 404(b)(1) guidelines ................................. IX1 b. The proposed disposal site for discharge of dredged or fill material complies with the Section 404(b)(1) guidelines with the _ I_I inclusion of the following conditions: ........................... *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 reasons(s): (1) There is a less damaging practicable alternative ..................... 1_1 (2) The proposed discharge will result in significant _ degradation of the aquatic ecosystem ............................ 1_I (3) The proposed discharge does not include all practicable and appropriate measures to minimize _ potential harm to the aquatic ecosystem ........................... 1_1 8. 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 may 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. TERRY R. YOUNGBLUTH Lieutenant Colonel, EN Commanding B-6 APPENDIX C MAINTENANCE OF RODANTHE, AVON, AND ROLLINSON CHANNELS DARE COUNTY, NORTH CAROLINA EVALUATION OF SECTION 404(b)(1) GUIDELINES 40 CFR 230 (FOR RELEASE OF EFFLUENT FROM UPLAND DIKED DISPOSAL SITES) MAINTENANCE OF RODANTHE, AVON, AND ROLLINSON CHANNELS DARE COUNTY, NORTH CAROLINA EVALUATION OF SECTION 404(b)(1) GUIDELINES 40 CFR 230 Section 404 Public Notice No. CESAW-EP-PE-97-28-0004 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); 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 C-6. YES1_1 N01_1- YES X I N01_1 YESI_1 N01_1'° YES X J N01_1 YESI_1 N01_1' YES X N01_1 YESJ_) N01_1" YES X J N01-I C-1 2. Technical Evaluation Factors (Subparts C-F) Not Signifi- Signifi- 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. I I X I I I I I I I X I I X I I I I I I X I I I I I I I X I I I I I I X I b. 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). I I I I I ? X 1 I I L X I I I I I I I 1 X I I 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. I X I I I I I X I I I X I I I 1 I X I I X I I I X I I I d. Human Use Characteristics (Subpart F) (1) Effects on municipal and private water supplies. (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. i Remarks: Where a check is placed under the significant category, preparer add explanation below. I I I I X I I I I I I I I X I I X I I I X I I I I I I I I I X I I Proceed to Section 3 'See page C-6. C-2 3. 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 .......................................JXJ (2) Hydrography in relation to known or anticipated - sources of contaminants ......................................JXJ (3) Results from previous testing of the material or similar material in - the vicinity of the project ..................................... I_I (4) Known, significant sources of persistent pesticides from - land runoff or percolation ..................................... I_I (5) Spill records for petroleum products or designated (Section 311 of CWA) - hazardous substances ....................................... J_J (6) Other public records of significant introduction of contaminants from industries, municipalities, or other - sources .............................................. ...J_J (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 ............... ................ J_I (8) Other sources (specify) ....................................... J_I List appropriate references Reference: EA "Maintenance of Rodanthe, Avon, and Rollinson Channels Dare County, North Carolina, " December 1996 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 J X I NO Proceed to Section 4 `, 3/, see page C-6. C-3 4. Disposal Site Determinations (230.11(f)). 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 ...................................... .. IXI (4) Water column stratification .................................. ..IXI (5) Discharge vessel speed and _ direction ................................................ . IXI (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) ................................. ..11 List appropriate references. Reference: EA "Maintenance of Rodanthe, Avon, and Rollinson Channel s Dare County, North Carolina, " December 1996 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 For water quality see Section 5.01 of the EA. For marine and estuarine resources see Section 5.02 of the EA. For submerged aquatic vegetation see Section 5.03 of the EA. For wetlands and terrestrial resources see Sections 5.04 and 5.05 of the EA For threatened and endangered species see Section 5.06 of the EA. Return to section 1 for final stage of compliance review. See also note 3/, page C-6. `See page C-6. C-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 b. Water circulation, fluctuation, and salinity (review sections 2a, 3, 4, and 5). YES IXI NO C. Suspended particulates/turbidity (review sections 2a, 3, 4, and 5). YES IXI NO d. Contaminant availability - - (review sections 2a, 3, and 4). YES IXI NO e. Aquatic ecosystem structure and function YES IXI NO (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 7. Findings. 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 _ I_I inclusion of the following conditions: ........................... *See page C-6. C-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 reasons(s): (1) There is a less damaging practicable alternative ..................... (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 ........................... 8. 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 may 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. 21 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. TERRY R. YOUNGBLUTH Lieutenant Colonel, EN Commanding C-6 i APPENDIX D MAINTENANCE OF RODANTHE, AVON, AND ROLLINSON CHANNELS DARE COUNTY, NORTH CAROLINA EVALUATION OF SECTION 404(b)(1) GUIDELINES 40 CFR 230 (FOR CONTROL-OF-EFFLUENT DISPOSAL) MAINTENANCE OF RODANTHE, AVON, AND ROLLINSON CHANNELS DARE COUNTY, NORTH CAROLINA EVALUATION OF SECTION 404(b)(1) GUIDELINES 40 CFR 230 Section 404 Public Notice No. CESAW-EP-PE-97-28-0005 1. Review of Compliance (230.10(a)-(d)l Preliminary1/ 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); YESI-1 N01-1' YESI X I N0I-1 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); YESI-1 N01-1" YESI X I N01-1 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); YESI_I N01-11- YESI X I N0I-1 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). YESI-1 N01-1* YESI X 1 N0I-1 Proceed to Section 2 ", 1, 2/ See page C-6. D-1 2. Technical Evaluation Factors (Subparts C-F) Not Signifi- Signifi- 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. I I I I I I X I I I I I I I 1 X I I I I I I I I I I I ! X I I b. 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). I I I I I 1 X I I I X I I 1 I I I L X I I 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. I I X I I I I X I I I X I I X I I X I I I I X I I I d. Human Use Characteristics (Subpart F) (1) Effects on municipal and private water supplies. (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. I Remarks: Where a check is placed under the significant category, preparer add explanation below. I I I I I X I I I I I I I X I 1 X I I I I X I I I I I I I I I X I Proceed to Section 3 "See page C-6. D-2 3. 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 .......................................IXI (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_I (4) Known, significant sources of persistent pesticides from _ land runoff or percolation ..................................... 1_1 (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_1 (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: EA "Maintenance of Rodanthe, Avon, and Rollinson Channels Dare County, North Carolina, " December 1996 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 Proceed to Section 4 *, 31, see page C-6. D-3 4. Disposal Site Determinations (230.11(f)). a. The following factors as appropriate, have been considered in evaluating the disposal site. (1) Depth of water at disposal site ................................. (2) Current velocity, direction, and _ variability at disposal site ..................................... 1X1 (3) Degree of turbulence ........................................ 1Xj (4) Water column stratification ........................ ............ (5) Discharge vessel speed and _ direction ....................................... .......... (6) Rate of discharge :.............................. ......... .. (7) Dredged material characteristics (constituents, amount and type _ of material, settling velocities) ...................... ........... (8) Number of discharges per unit of _ time ......................................... ............. (9) Other factors affecting rates and _ patterns of mixing (specify) ....................... ........... ..I List appropriate references. Reference: EA "Maintenance of Rodanthe, Avon, and Rollinson Channels Da re County, North Carolina, " December 1996 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 1_1* 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 1X1 NO For water quality see Section 5.01 of the EA. For marine and estuarine resources see Section 5.02 of the EA. For submerged aquatic vegetation see Section 5.03 of the EA. For wetlands and terrestrial resources see Sections 5.04 and 5.05 of the EA For threatened and endangered species see Section 5.06 of the EA. Return to section 1 for final stage of compliance review. See also note 3/. page C-6. *See page C-6. D-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 b. Water circulation, fluctuation, and salinity (review sections 2a, 3, 4, and 5). YES IXI NO c. Suspended particulates/turbidity _ _ (review sections 2a, 3, 4, and 5). YES IXI NO d. Contaminant availability _ _ (review sections 2a, 3, and 4). YES IXI NO e. Aquatic ecosystem structure and function YES IXI NO IS (review sections 2b and c, 3, and 5). f. Disposal site (review sections 2, 4, and 5). YES IXI NO 1_1- g. Cumulative impact on the aquatic ecosystem. YES IXI NO I_I* h. Secondary impacts on the aquatic _ _ ecosystem. YES IXI NO I_I* 7. Findings. 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 C-6. D-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 reasons(s): (1) There is a less damaging practicable alternative ..................... I_I (2) The proposed discharge will result in significant _ degradation of the aquatic ecosystem ............................ I_I (3) The proposed discharge does not include all practicable and appropriate measures to minimize _ potential harm to the aquatic ecosystem ........................... I_I 8. 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 may 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. TERRY R. YOUNGBLUTH Lieutenant Colonel, EN Commanding D-6 State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director APPROVAL of 401 Water Quality Certification Col. Terry Youngbluth U.S. Army Corps of Engineers Wilmington District P.O. Box 1890 Wilmington, NC 28402-1890 Dear Col. Youngbluth: T WT 4 : VA 4?jj OOL ED F= F=1 March 11, 1997 Dare County WQC 401 Project #970176 You have our approval, in accordance with the attached conditions, to conduct maintenance dredging and beach disposal or waters for the purpose of removing shoals and refurbishing the beach at Rodanthe, Avon and Rollinson Channels, as you described in your application dated 9 March 1997. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3123 or 3120. 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 project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification. In addition, you should get any other federal, state or local permits before you go ahead with your project. Also this approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specked in the General Certification. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. 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 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water AcL If you have any questions, please telephone John Dorney at 919-733-1786. Sincerely, 4y.eston k d, J . P.E. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Washington Field Office Washington DWQ Regional Office Mr. John Domey Central Files Jenny Owen; Corps of Engineers 970176.1tr Division of Water Quality - Environmental Sciences Branch Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Aff irmative Action Employer • 50% recycled/10% post consumer paper DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLYTO March 6, 1997 ATTENTION OF Environmental Resources Section Mr. John Dorney Division of Water Quality North Carolina Department of Environment, Health, and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607-6445 Dear Mr. Dorney: o 0 ... Tn it .1 p n ?O m ?? As requested, we are providing the enclosed application for Water Quality Certification, pursuant to Section 401 of Public Law 95-217, for discharge of dredged material in the designated beach disposal areas at Rollinson, Avon, and Rodanthe, North Carolina. These projects are discussed in detail in the Environmental Assessment. Maintenance Dredaina of Rodanthe. Avon. and Rollinson Channels. Dare County, North Carolina, December 1996, that was mailed to your office on December 19, 1996. If you have any questions concerning this matter, please contact Ms. Jenny Owens, Environmental Resources Section, at (910) 251-4757. Sincerely, C. E. Shuford, Jr., P.E. Acting Chief Engineering and Planning Division Enclosure (7) 401 Application Mail Completed Application to: Division of Water Quality NC Department of Environment, Health, and Natural Resources 4401 Reedy Creek Rd., Raleigh, NC 27607-6445- ATTN: MR. JOHN DORNEY Ph. (919) 733-1786 DEM ID: U.S. ARMY CORPS OF ENGINEERS APPLICATION FOR 401 WATER QUALITY CERTIFICATION 1. DATE: March 6, 1997 2. NAME/ADDRESS: U.S. Army Corps of Engineers Wilmington District P.O. Box 1890 Wilmington, North Carolina 28402-1890 3. RESPONSIBLE INDIVIDUAL: Terry R. Youngbluth Colonel, U.S. Army District Engineer 4. NAME OF CORPS OF ENGINEERS CONTACT: Jenny Owens TELEPHONE NUMBER: (910) 251-4757 5. TYPE OF APPLICATION: New Application 6. PROJECT NAME: Maintenance dredging of Rodanthe, Avon, and Rollinson Channels as discussed in the Environmental Assessment (EA) for Maintenance Dredging of Rodanthe. Avon, and Rollinson Channels. Dare County. North Carolina. December 1996. 7. DESCRIPTION OF PROPOSED WORK: The proposed action covers the dredging and disposal of dredged material from the Rollinson, Avon, and Rodanthe Channels, Dare County, North Carolina. The proposed dredging would be performed by a hydraulic pipeline dredge and the coarse-grained (sandy) material from the channel would be placed in the designated beach disposal areas. The proposed action is described in detail in Section 3.00 of the above-referenced EA. 8. PURPOSE OF PROPOSED WORK: Severe shoaling in the subject channels severely limits navigability to recreational and commercial vessels. Maintaining the channels to their previously authorized depths would alleviate this problem. In addition, the proposed method of disposal would provide badly needed sand to the designated beaches. 9. PROPOSED ACTIVITY TO BEGIN: February 1997 10. DURATION OF ACTIVITY: 90 days 11. DISCHARGE OF: X Dredged Material _ Fill Material 12. LOCATION OF DISCHARGE: Municipality: Rollinson, Avon, and Rodanthe, North Carolina County: Dare Drainage Basin: Tar-Pamlico Basin Receiving Waters: Atlantic Ocean n 13. NATURE OF RECEIVING WATERS: Type: Coastal Nature: Salt Direction of Flow: Variable 14. TYPE OF DISCHARGE INCLUDING CHEMICAL COMPOSITION: The material proposed for discharge is naturally occurring coarse-grained to fine-grained sand and is not contaminated or polluted. 15. PROJECTED FUTURE VARIATION IN THE NATURE OF THE DISCHARGE: None. 16. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS SO HQW, OR ORW? X YES (circle one) NO 17. NUMBER OF ACRES OR VOLUME OF WETLANDS IMPACTED BY THE PROPOSED PROJECT: Filled: None Excavated: None Total Impacted: None 18. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE CARRIED OUT AS PLANNED. ALSO. NOTE MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS: Maintenance dredging of the subject channels is necessary to restore them to navigable depths. The proposed method and location of disposal will provide sand to the designated beach areas. Any dredge pipeline that must cross over wetlands will be burlapped and welded to provide protection from leakage. 19. HAVE ANY SECTION 401 CERTIFICATES BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY? _ YES X NO IF YES, EXPLAIN: I certify that all information contained herein or in support thereof is true and correct to the best of my knowledge. C. E. Shuford , Jr., P. V Acting Chief, Engineering and Planning Division Attachments Date: 31-711'7 For prompt processing, submit: *Seven (7) copies of completed application *Drawings of proposed dredge and disposal sites *Copies of previous 401 Certifications State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director Colonel Terry R. Youngbluth U.S. Army Corps of Engineers Wilmington District P.O. Box 1890 Wilmington, North Carolina 28402 March 11, 1997 F= F1 ?,4 RFc??LF? ^? c/FNC ?s Reference: Consistency Determination CD96-43, Dredging of Rollinson Channel, Dare Co. Dear Colonel Youngbluth: We have completed our review of your request for minor modification of the earlier consistency approval of the maintenance dredging of Rollinson Channel, Dare County. The proposed modification is to change the spoil disposal area from ocean beach disposal to a three-acre upland, diked disposal area on NC Hwy 12 near the Hatteras Ferry Terminal. My records show that you have received approval of the 401 Water Quality Certification, a general permit for stormwater control and a sedimentation and erosion control plan. The proposed modification is consistent with the Dare County Land Use Plan. Based on our review we have determined that the proposed modification is consistent with North Carolina Coastal Management Program. If you have any questions regarding our finding, please contact Steve Benton or Caroline Bellis, Division of Coastal Management, at 919-733-2293. Thank you for your consideration of the North Carolina Coastal Management Program. Sincerely, ?a Roger Schecter CC: Richard Watts John Sutherland Sara Winslow John Dorney Patrick McLain Coleman Long P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 December 13, 1996 IN REPLY REFER TO Environmental Resources Section Mr. John Dorney Division of Water Quality North Carolina Department of Environment, Health, and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607-6445 Dear Mr. Dorney: ?R04" X99 ?S The U.S. Army Corps of Engineers, Wilmington District, has completed the enclosed study, Environmental Assessment, Maintenance Dredging of Rodanthe, Avon, and Rollinson Channels, Dare County, North Carolina, December 1996. The purpose of this Environmental Assessment (EA) is to address the environmental impacts of maintenance dredging utilizing upland diked disposal, beach disposal, and control-of-effluent disposal. As discussed in Section 5.01 of the EA, a letter dated August 16, 1995, was sent to the Division of Environmental Management requesting that a general water quality certification, pursuant to Section 401 (Public Law 95-217) of the Clean Water Act of 1977, as amended, be issued for disposal of dredged material on ocean beaches in North Carolina. To date, a draft version of this general certification has been completed, however, a final version has not. We would like to request that the proposed beach disposal be covered under this general certification, when it is finalized. Pursuant to Section 401 of the Clean Water Act of 1977, as amended, a Water Quality General Certification (WQC #3024) for Corps of Engineers dredging activities using upland diked disposal sites was issued on September 6, 1995. We would like to request that the proposed sites at Rodanthe and Rollinson be included under this General Certification (WQC #3024). In addition, enclosed for your review is an application for Water Quality Certification, pursuant to Section 401 of Public Law 95-217, for discharge of dredged material on the east side of Highway 12 (control-of-effluent disposal). This is discussed, in detail, in Section 3.01 of the enclosed EA. -2- There will be a 30-day review and comment period for this EA. We would appreciate any comments on the EA and a statement regarding the status of the request for 401 Water Quality Certification for beach disposal, upland diked disposal, and control-of-effluent disposal for the proposed projects. If you have any questions concerning this matter, please contact Ms. Jenny Owens,. Environmental Resources Section, at (910) 251-4757. Sincerely, UJ - ' 00?awo?-4 - - C. E: Shuford, Jr., P.E. Acting Chief, Engineering and Planning Division Enclosures (7 copies of the 401 Application) Mail Completed Application to: Division of Water Quality NC Department of Environment, Health, and Natural Resources 4401 Reedy Creek Rd., Raleigh, NC 27607-6445 ATTN: MR. JOHN DORNEY Ph. (919) 733-1786 DEM ID: U.S. ARMY CORPS OF ENGINEERS APPLICATION FOR 401 WATER QUALITY CERTIFICATION 1. DATE: December 13, 1996 2. NAME/ADDRESS: U.S. Army Corps of Engineers Wilmington District P.O. Box 1890 Wilmington, North Carolina 28402-1890 3. RESPONSIBLE INDIVIDUAL: Terry R. Youngbluth Lieutenant Colonel, U.S. Army District Engineer 4. NAME OF CORPS OF ENGINEERS CONTACT: Jenny Owens TELEPHONE NUMBER: (910) 251-4757 5. TYPE OF APPLICATION: New Application 6. PROJECT NAME: Maintenance dredging of Rodanthe Channel as discussed in the Environmental Assessment (EA) for Maintenance Dredging of Rodanthe. Avon, and Rollinson Channels Dare County. North Carolina. December 1996 (enclosed). 7. DESCRIPTION OF PROPOSED WORK: The proposed action covers the dredging and disposal of dredged material from Rodanthe Channel, Dare County, North Carolina. The proposed dredging would be performed by a hydraulic pipeline dredge and the coarse-grained (sandy) material from the channel would be placed in a 12-acre upland disposal site, which is 1.5 miles north of Rodanthe, on the east of Highway 12 (Highway 12 disposal site). The control-of-effluent method of disposal would be used and the estimated quantity to be dredged and placed in the Highway 12 disposal site is 100,000 cubic yards. The proposed action is described in detail in Section 3.01 of the above-referenced EA. 8. PURPOSE OF PROPOSED WORK: Severe shoaling in the Rodanthe Channel has severely limited navigability to recreational and commercial vessels. Maintaining the channel to its previously authorized depth would alleviate this problem. In addition, the proposed method of disposal would provide beach quality material to the North Carolina Department of Transportation (NCDOT) for use in protecting Highway 12 from beach washover. 9. PROPOSED ACTIVITY TO BEGIN: February 1997 10. DURATION OF ACTIVITY: 30 days 11. DISCHARGE OF: X Dredged Material Fill Material 12. LOCATION OF DISCHARGE: Municipality: Rodanthe, North Carolina County: Dare Drainage Basin: Tar-Pamlico Basin Receiving Waters: Atlantic Ocean 13. NATURE OF RECEIVING WATERS: Type: Coastal Nature: Salt Direction of Flow: Variable 14. TYPE OF DISCHARGE INCLUDING CHEMICAL COMPOSITION: The material proposed for discharge is naturally occurring coarse-grained to fine-grained sand. The material to be dredged is not contaminated or polluted. 15. PROJECTED FUTURE VARIATION IN THE NATURE OF THE DISCHARGE: None. 16. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS9A_) HQW OR ORW? X YES (circle one) NO 17. NUMBER OF ACRES OR VOLUME OF WETLANDS IMPACTED BY THE PROPOSED PROJECT: Filled: None Excavated: None Total Impacted: None 18. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE CARRIED OUT AS PLANNED. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS: Maintenance dredging of the subject channel is necessary to restore it to navigable depths. The proposed method and location of disposal will provide a suitable upland site for dredged material disposal, while also meeting the needs of NCDOT in protecting Highway 12 from beach washover. Any dredge pipeline that must cross over wetlands will be burlapped and welded to provide protection from leakage. 19. HAVE ANY SECTION 401 CERTIFICATES BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY? -YES X NO IF YES. EXPLAIN: I certify that all information contained herein or in support thereof is true and correct to the best of my knowledge. Date: 46? . C. E. Shuford, Jr., P.E. Acting Chief, Engineering and Planning Division Attachments For prompt processing, submit: *Seven (7) copies of completed application *Drawings of proposed dredge and disposal sites *Copies of previous 401 Certifications Pouu,d 1:au„uor?_ Bay IV I L. D L I F E - Highway 12 Disposal Site R E F lU G (approximate location) ? 9 14 t f Paut Bilfk? ._ - S? r ' O 14 Uncle Jimu tY Landi Greens Pt O c t•? R Rod anthe•__°? .. - `- North Drain Aunt Phoebcs Marsh L'. Proposed Beach Disposal Area and Highway 12 Site Rodanthe, North Carolina Scale: 1:24,000 From: Rodanthe, NC USGS Quad Z Q W U O U F- Z Q J Q c? c O CB U O Z L C co -O O rlr ? - ? m cn \ _ 1 N N O N LLJ J ? a U C14 f 2 , t ? 1 ? W Y 6 O Z W ?? 0 ? IQ . U1 X ? ? I e ? 1 I _ - 1 t { i / A. Mail Completed Application to: Division of Water Quality NC Department of Environment, Health, and Natural Resources 4401 Reedy Creek Rd., Raleigh, NC 27607-6445 ATTN: MR. JOHN DORNEY Ph. (919) 733-1786 DEM ID: U.S. ARMY CORPS OF ENGINEERS APPLICATION FOR 401 WATER QUALITY CERTIFICATION 1. DATE: December 13,1996 2. NAME/ADDRESS: U.S. Army Corps of Engineers Wilmington District P.O. Box 1890 Wilmington, North Carolina 28402-1890 3. RESPONSIBLE INDIVIDUAL: Terry R. Youngbluth Lieutenant Colonel, U.S. Army District Engineer 4. NAME OF CORPS OF ENGINEERS CONTACT: Jenny Owens TELEPHONE NUMBER: (910) 251-4757 5. TYPE OF APPLICATION: New Application 6. PROJECT NAME: Maintenance dredging of Rodanthe Channel as discussed in the Environmental Assessment (EA) for Maintenance Dredging of Rodanthe. Avon, and Rollinson Channels. Dare County, North Carolina. December 1996 (enclosed). 7. DESCRIPTION OF PROPOSED WORK: The proposed action covers the dredging and disposal of dredged material from Rodanthe Channel, Dare County, North Carolina. The proposed dredging would be performed by a hydraulic pipeline dredge and the coarse-grained (sandy) material from the channel would be placed in a 12-acre upland disposal site, which is 1.5 miles north of Rodanthe, on the east of Highway 12 (Highway 12 disposal site). The control-of-effluent method of disposal would be used and the estimated quantity to be dredged and placed in the Highway 12 disposal site is 100,000 cubic yards. The proposed action is described in detail in Section 3.01 of the above-referenced EA. 8. PURPOSE OF PROPOSED WORK: Severe shoaling in the Rodanthe Channel has severely limited navigability to recreational and commercial vessels. Maintaining the channel to its previously authorized depth would alleviate this problem. In addition, the proposed method of disposal would provide beach quality material to the North Carolina Department of Transportation (NCDOT) for use in protecting Highway 12 from beach washover. 9. PROPOSED ACTIVITY TO BEGIN: February 1997 10. DURATION OF ACTIVITY: 30 days 11. DISCHARGE OF: X Dredged Material Fill Material W W, 12. LOCATION OF DISCHARGE: Municipality: Rodanthe, North Carolina County: Dare Drainage Basin: Tar-Pamlico Basin Receiving Waters: Atlantic Ocean 13. NATURE OF RECEIVING WATERS: Type: Coastal Nature: Salt Direction of Flow: Variable 14. TYPE OF DISCHARGE INCLUDING CHEMICAL COMPOSITION: The material proposed for discharge is naturally occurring coarse-grained to fine-grained sand. The material to be dredged is not contaminated or polluted. 15. PROJECTED FUTURE VARIATION IN THE NATURE OF THE DISCHARGE: None. 16. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS/'AZ HQW. OR ORW? X YES (circle one) NO 17. NUMBER OF ACRES OR VOLUME OF WETLANDS IMPACTED BY THE PROPOSED PROJECT: Filled: None Excavated: None Total Impacted: None 18. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE CARRIED OUT AS PLANNED. ALSO. NOTE MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS: Maintenance dredging of the subject channel is necessary to restore it to navigable depths. The proposed method and location of disposal will provide a suitable upland site for dredged material disposal, while also meeting the needs of NCDOT in protecting Highway 12 from beach washover. Any dredge pipeline that must cross over wetlands will be burlapped and welded to provide protection from leakage. 19. HAVE ANY SECTION 401 CERTIFICATES BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY? YES X NO IF YES. EXPLAIN: I certify that all information contained herein or in support thereof is true and correct to the best of my knowledge. Date: 'Zqj' .-N-L- C. E. Shuford, Jr., P.E. Acting Chief, Engineering and Planning Division Attachments For prompt processing, submit: "Seven (7) copies of completed application "Drawings of proposed dredge and disposal sites *Copies of previous 401 Certifications Round RoulY110A.. Bay W I L D L I F E i•: ? - - Highway 12 Disposal Site R E F !U (approximate location) 9 1: \` iii ?:•:.M ? .5 Lr Pains Dit k? p e. 1 d <k =. CO Uncle Jiimm l 0: sing : i • o <_.. w Greens Pt ?. CO ;,,: % ?, a O. Btackrrcat Gut ?': - "•`-, O Rodanthe• -?.,?. North Drain Aunt Phoebcs Marsh +-' -X E L , Proposed Beach Disposal Area and Highway 12 Site Rodanthe, North Carolina Scale: 1:24,000 From: Rodanthe, NC USGS Quad 1r to N 0 1 N I- y - O U C C a U Z ? CA o t ? • ? I I .? Z t? r 1 z ! z w 1 W O Y; I Q U W J ?i Q a Ae a - Y ' co J O Q Q ? F v " ! e ' m l e I 1 " ? I j I ? VE ? A v u RA " u 1 Mail Completed Application to: Division of Water Quality NC Department of Environment, Health, and Natural Resources 4401 Reedy Creek Rd., Raleigh, NC 27607-6445 ATTN: MR. JOHN DORNEY Ph. (919) 733-1786 DEM ID: U.S. ARMY CORPS OF ENGINEERS APPLICATION FOR 401 WATER QUALITY CERTIFICATION 1. DATE: December 13, 1996 2. NAME/ADDRESS: U.S. Army Corps of Engineers Wilmington District P.O. Box 1890 Wilmington, North Carolina 28402-1890 3. RESPONSIBLE INDIVIDUAL: Terry R. Youngbluth Lieutenant Colonel, U.S. Army District Engineer 4. NAME OF CORPS OF ENGINEERS CONTACT: Jenny Owens TELEPHONE NUMBER: (910) 251-4757 5. TYPE OF APPLICATION: New Application 6. PROJECT NAME: Maintenance dredging of Rodanthe Channel as discussed in the Environmental Assessment (EA) for Maintenance Dredging of Rodanthe. Avon, and Rollinson Channels. Dare County. North Carolina. December 1996 (enclosed). 7. DESCRIPTION OF PROPOSED WORK: The proposed action covers the dredging and disposal of dredged material from Rodanthe Channel, Dare County, North Carolina. The proposed dredging would be performed by a hydraulic pipeline dredge and the coarse-grained (sandy) material from the channel would be placed in a 12-acre upland disposal site, which is 1.5 miles north of Rodanthe, on the east of Highway 12 (Highway 12 disposal site). The control-of-effluent method of disposal would be used and the estimated quantity to be dredged and placed in the Highway 12 disposal site is 100,000 cubic yards. The proposed action is described in detail in Section 3.01 of the above-referenced EA. 8. PURPOSE OF PROPOSED WORK: Severe shoaling in the Rodanthe Channel has severely limited navigability to recreational and commercial vessels. Maintaining the channel to its previously authorized depth would alleviate this problem. In addition, the proposed method of disposal would provide beach quality material to the North Carolina Department of Transportation (NCDOT) for use in protecting Highway 12 from beach washover. 9. PROPOSED ACTIVITY TO BEGIN: February 1997 10. DURATION OF ACTIVITY: 30 days 11. DISCHARGE OF: X Dredged Material Fill Material 12. LOCATION OF DISCHARGE: Municipality: Rodanthe, North Carolina County: Dare Drainage Basin: Tar-Pamlico Basin Receiving Waters: Atlantic Ocean 13. NATURE OF RECEIVING WATERS: Type: Coastal Nature: Salt Direction of Flow: Variable 14. TYPE OF DISCHARGE INCLUDING CHEMICAL COMPOSITION: The material proposed for discharge is naturally occurring coarse-grained to fine-grained sand. The material to be dredged is not contaminated or polluted. 15. PROJECTED FUTURE VARIATION IN THE NATURE OF THE DISCHARGE: None. 16. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS4A HQW. OR ORW? X YES (circle one) NO 17. NUMBER OF ACRES OR VOLUME OF WETLANDS IMPACTED BY THE PROPOSED PROJECT: Filled: None Excavated: None Total Impacted: None 18. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE CARRIED OUT AS PLANNED. ALSO. NOTE MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS: Maintenance dredging of the subject channel is necessary to restore it to navigable depths. The proposed method and location of disposal will provide a suitable upland site for dredged material disposal, while also meeting the needs of NCDOT in protecting Highway 12 from beach washover. Any dredge pipeline that must cross over wetlands will be burlapped and welded to provide protection from leakage. 19. HAVE ANY SECTION 401 CERTIFICATES BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY? YES X NO IF YES. EXPLAIN: I certify that all information contained herein or in support thereof is true and correct to the best of my knowledge. w Date: w --N-4- C. E. Shuford, Jr., P.E. Acting Chief, Engineering and Planning Division Attachments For prompt processing, submit: `Seven (7) copies of completed application "Drawings of proposed dredge and disposal sites "Copies of previous 401 Certifications Ioined t:oanaoa-. • Bay W I L D L I F E r•:.? ='1 Highway 12 Disposal Site R E F /U G (approximate location) Pau1s Ditfh `.:•l , O a. J Uncle .Timm 1 CO I'An O 0: Greens Pt sf rc a Blaclzar Gut i'^,•' _ 10 the- 1'.f = ldorrh Drain _- ' campgrCtJ Aunt Phoebes Proposed Beach Disposal Area Mardi 7u) f; and Highway 12 Site u C' ; :- Rodanthe, North Carolina cap Scale: 1:24,000 -i = ?' From: Rodanthe, NC USGS Quad 1 - $ a% ca n N N (II y o U C Z a L ) C14 . N N M c6 0) o t I 1 l_ I U3 ! z w w IQ C) w ?. g I= o Q o 1 J Q a gr ? I 1 ? g o I I I 1 n, S e 1 ? _ e i f { !' Mail Completed Application to: Division of Water Quality NC Department of Environment, Health, and Natural Resources 4401 Reedy Creek Rd., Raleigh, NC 27607-6445 ATTN: MR. JOHN DORNEY Ph. (919) 733-1786 DEM ID: U.S. ARMY CORPS OF ENGINEERS APPLICATION FOR 401 WATER QUALITY CERTIFICATION 1. DATE: December 13,1996 2. NAME/ADDRESS: U.S. Army Corps of Engineers Wilmington District P.O. Box 1890 Wilmington, North Carolina 28402-1890 3. RESPONSIBLE INDIVIDUAL: Terry R. Youngbluth Lieutenant Colonel, U.S. Army District Engineer 4. NAME OF CORPS OF ENGINEERS CONTACT: Jenny Owens TELEPHONE NUMBER: (910) 251-4757 5. TYPE OF APPLICATION: New Application 6. PROJECT NAME: Maintenance dredging of Rodanthe Channel as discussed in the Environmental Assessment (EA) for Maintenance Dredging of Rodanthe. Avon, and Rollinson Channels. Dare County. North Carolina. December 1996 (enclosed). 7. DESCRIPTION OF PROPOSED WORK: The proposed action covers the dredging and disposal of dredged material from Rodanthe Channel, Dare County, North Carolina. The proposed dredging would be performed by a hydraulic pipeline dredge and the coarse-grained (sandy) material from the channel would be placed in a 12-acre upland disposal site, which is 1.5 miles north of Rodanthe, on the east of Highway 12 (Highway 12 disposal site). The control-of-effluent method of disposal would be used and the estimated quantity to be dredged and placed in the Highway 12 disposal site is 100,000 cubic yards. The proposed action is described in detail in Section 3.01 of the above-referenced EA. 8. PURPOSE OF PROPOSED WORK: Severe shoaling in the Rodanthe Channel has severely limited navigability to recreational and commercial vessels. Maintaining the channel to its previously authorized depth would alleviate this problem. In addition, the proposed method of disposal would provide beach quality material to the North Carolina Department of Transportation (NCDOT) for use in protecting Highway 12 from beach washover. 9. PROPOSED ACTIVITY TO BEGIN: February 1997 10. DURATION OF ACTIVITY: 30 days 11. DISCHARGE OF: X Dredged Material Fill Material i 12. LOCATION OF DISCHARGE: Municipality: Rodanthe, North Carolina County: Dare Drainage Basin: Tar-Pamlico Basin Receiving Waters: Atlantic Ocean 13. NATURE OF RECEIVING WATERS: Type: Coastal Nature: Salt Direction of Flow: Variable 14. TYPE OF DISCHARGE INCLUDING CHEMICAL COMPOSITION: The material proposed for discharge is naturally occurring coarse-grained to fine-grained sand. The material to be dredged is not contaminated or polluted. 15. PROJECTED FUTURE VARIATION IN THE NATURE OF THE DISCHARGE: None. 16. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS 9Q HQW. OR ORW? X YES (circle one) NO 17. NUMBER OF ACRES OR VOLUME OF WETLANDS IMPACTED BY THE PROPOSED PROJECT: Filled: None Excavated: None Total Impacted: None 18. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE CARRIED OUT AS PLANNED. ALSO. NOTE MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS: Maintenance dredging of the subject channel is necessary to restore it to navigable depths. The proposed method and location of disposal will provide a suitable upland site for dredged material disposal, while also meeting the needs of NCDOT in protecting Highway 12 from beach washover. Any dredge pipeline that must cross over wetlands will be burlapped and welded to provide protection from leakage. 19. HAVE ANY SECTION 401 CERTIFICATES BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY? YES X NO IF YES. EXPLAIN: I certify that all information contained herein or in support thereof is true and correct to the best of my knowledge. Date: C. E. Shuford, Jr., P.E. Acting Chief, Engineering and Planning Division Attachments For prompt processing, submit: "Seven (7) copies of completed application *Drawings of proposed dredge and disposal sites *Copies of previous 401 Certifications ----- Ifotnrd I:ara.uouC.=------ Bay tV I L D L I F E r•: +.? - Highway 12 Disposal Site R E F ?U G (approximate location) .3 v 0 UndeJimmY mD Greens Pt ?-^v = Blw.k wrGut?1'"'Z,' - ffa.; ?- 100_ 1 ON/ Arorth Drain Aunt Phoebes Marsh U C - . i tL Proposed Beach Disposal Area and Highway 12 Site Rodanthe, North Carolina Scale: 1:24,000 From: Rodanthe, NC USGS Quad f G Z Q w U O U H Z Q J Q (9 N ? in O Q CA J N M 3 s co 2 I 1 I , Pl. s? l? i iN Q lr 1 \11, I F _ I I I I 1 CO O CIS U O Z m s cu O 1 3 Y i t W Z W O Y W C g- Q ° - 1 ^ 1 ' i 1 4 l i Mail Completed Application to: Division of Water Quality NC Department of Environment, Health, and Natural Resources 4401 Reedy Creek Rd., Raleigh, NC 27607-6445 ATTN: MR. JOHN DORNEY Ph. (919) 733-1786 DEM ID: U.S. ARMY CORPS OF ENGINEERS APPLICATION FOR 401 WATER QUALITY CERTIFICATION 1. DATE: December 13, 1996 2. NAME/ADDRESS: U.S. Army Corps of Engineers Wilmington District P.O. Box 1890 Wilmington, North Carolina 28402-1890 3. RESPONSIBLE INDIVIDUAL: Terry R. Youngbluth Lieutenant Colonel, U.S. Army District Engineer 4. NAME OF CORPS OF ENGINEERS CONTACT: Jenny Owens TELEPHONE NUMBER: (910) 251-4757 5. TYPE OF APPLICATION: New Application 6. PROJECT NAME: Maintenance dredging of Rodanthe Channel as discussed in the Environmental Assessment (EA) for Maintenance Dredging of Rodanthe. Avon, and Rollinson Channels. Dare County. North Carolina. December 1996 (enclosed). 7. DESCRIPTION OF PROPOSED WORK: The proposed action covers the dredging and disposal of dredged material from Rodanthe Channel, Dare County, North Carolina. The proposed dredging would be performed by a hydraulic pipeline dredge and the coarse-grained (sandy) material from the channel would be placed in a 12-acre upland disposal site, which is 1.5 miles north of Rodanthe, on the east of Highway 12 (Highway 12 disposal site). The control-of-effluent method of disposal would be used and the estimated quantity to be dredged and placed in the Highway 12 disposal site is 100,000 cubic yards. The proposed action is described in detail in Section 3.01 of the above-referenced EA. 8. PURPOSE OF PROPOSED WORK: Severe shoaling in the Rodanthe Channel has severely limited navigability to recreational and commercial vessels. Maintaining the channel to its previously authorized depth would alleviate this problem. In addition, the proposed method of disposal would provide beach quality material to the North Carolina Department of Transportation (NCDOT) for use in protecting Highway 12 from beach washover. 9. PROPOSED ACTIVITY TO BEGIN: February 1997 10. DURATION OF ACTIVITY: 30 days 11. DISCHARGE OF: X Dredged Material Fill Material 12. LOCATION OF DISCHARGE: Municipality: Rodanthe, North Carolina County: Dare Drainage Basin: Tar-Pamlico Basin Receiving Waters: Atlantic Ocean 13. NATURE OF RECEIVING WATERS: Type: Coastal Nature: Salt Direction of Flow: Variable 14. TYPE OF DISCHARGE INCLUDING CHEMICAL COMPOSITION: The material proposed for discharge is naturally occurring coarse-grained to fine-grained sand. The material to be dredged is not contaminated or polluted. 15. PROJECTED FUTURE VARIATION IN THE NATURE OF THE DISCHARGE: None. 16. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS(§k HQW. OR ORW? X YES (circle one) NO 17. NUMBER OF ACRES OR VOLUME OF WETLANDS IMPACTED BY THE PROPOSED PROJECT: Filled: None Excavated: None Total Impacted: None 18. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE CARRIED OUT AS PLANNED. ALSO. NOTE MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS: Maintenance dredging of the subject channel is necessary to restore it to navigable depths. The proposed method and location of disposal will provide a suitable upland site for dredged material disposal, while also meeting the needs of NCDOT in protecting Highway 12 from beach washover. Any dredge pipeline that must cross over wetlands will be burlapped and welded to provide protection from leakage. 19. HAVE ANY SECTION 401 CERTIFICATES BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY? YES X NO IF YES. EXPLAIN: I certify that all information contained herein or in support thereof is true and correct to the best of my knowledge. _ Date: 47- C. E. Shuford, Jr., P.E. Acting Chief, Engineering and Planning Division Attachments For prompt processing, submit: "Seven (7) copies of completed application "Drawings of proposed dredge and disposal sites "Copies of previous 401 Certifications Y Bay W I L D L I F E R E F !U G _ ` ? PaYls Dil fk . . J ?? _ Highway 12 Disposal Site (approximate location) O . a. ? • ?? ? 1 r 0 ts r r Uncle J Greens Pt L Blac - ar Out' North Dram Aunt Phoebes Marsh ..?..={i. ui rn Zf OFF ...? ?::_ a s•?n .c.._- `ampgrt:: 1.._ C G•. LZ L. =z'+- Proposed Beach Disposal Area and Highway 12 Site Rodanthe, North Carolina Scale: 1:24,000 From: Rodanthe, NC USGS Quad Z Q w U O U Z Q J Q cu c 7o N cu o U Q. -C N 0 Z N r M 3 cc rn o _ C?- s 1 \ R A °? Y t t w z o - g w O Y w Q a ?° y - X ( F _ Q ? - 1 t R- p ° e 1 ^ 1 t t -- m LO N w J Q U N I I t i I . N I Q 1= 1 I I g ri i n ? I I I I I 1 t 4 M Mail Completed Application to: Division of Water Quality NC Department of Environment, Health, and Natural Resources 4401 Reedy Creek Rd., Raleigh, NC 27607-6445 A'TTN: MR. JOHN DORNEY Ph. (919) 733-1786 DEM ID: U.S. ARMY CORPS OF ENGINEERS APPLICATION FOR 401 WATER QUALITY CERTIFICATION 1. DATE: December 13, 1996 2. NAME/ADDRESS: U.S. Army Corps of Engineers Wilmington District P.O. Box 1890 Wilmington, North Carolina 28402-1890 3. RESPONSIBLE INDIVIDUAL: Terry R. Youngbluth Lieutenant Colonel, U.S. Army District Engineer 4. NAME OF CORPS OF ENGINEERS CONTACT: Jenny Owens TELEPHONE NUMBER: (910) 251-4757 5. TYPE OF APPLICATION: New Application 6. PROJECT NAME: Maintenance dredging of Rodanthe Channel as discussed in the Environmental Assessment (EA) for Maintenance Dredging of Rodanthe. Avon, and Rollinson Channels. Dare County, North Carolina. December 1996 (enclosed). 7. DESCRIPTION OF PROPOSED WORK: The proposed action covers the dredging and disposal of dredged material from Rodanthe Channel, Dare County, North Carolina. The proposed dredging would be performed by a hydraulic pipeline dredge and the coarse-grained (sandy) material from the channel would be placed in a 12-acre upland disposal site, which is 1.5 miles north of Rodanthe, on the east of Highway 12 (Highway 12 disposal site). The control-of-effluent method of disposal would be used and the estimated quantity to be dredged and placed in the Highway 12 disposal site is 100,000 cubic yards. The proposed action is described in detail in Section 3.01 of the above-referenced EA. 8. PURPOSE OF PROPOSED WORK: Severe shoaling in the Rodanthe Channel has severely limited navigability to recreational and commercial vessels. Maintaining the channel to its previously authorized depth would alleviate this problem. In addition, the proposed method of disposal would provide beach quality material to the North Carolina Department of Transportation (NCDOT) for use in protecting Highway 12 from beach washover. 9. PROPOSED ACTIVITY TO BEGIN: February 1997 10. DURATION OF ACTIVITY: 30 days 11. DISCHARGE OF: X Dredged Material Fill Material 12. LOCATION OF DISCHARGE: Municipality: Rodanthe, North Carolina County: Dare Drainage Basin: Tar-Pamlico Basin Receiving Waters: Atlantic Ocean 13. NATURE OF RECEIVING WATERS: Type: Coastal Nature: Salt Direction of Flow: Variable 14. TYPE OF DISCHARGE INCLUDING CHEMICAL COMPOSITION: The material proposed for discharge is naturally occurring coarse-grained to fine-grained sand. The material to be dredged is not contaminated or polluted. 15. PROJECTED FUTURE VARIATION IN THE NATURE OF THE DISCHARGE: None. 16. IS THIS PROJECT LOCATED IN A_WATERSHED CLASSIFIED A SA HOW. OR ORW? X YES (circle one) NO `- 17. NUMBER OF ACRES OR VOLUME OF WETLANDS IMPACTED BY THE PROPOSED PROJECT: Filled: None Excavated: None Total Impacted: None 18. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE CARRIED OUT AS PLANNED. ALSO. NOTE MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS: Maintenance dredging of the subject channel is necessary to restore it to navigable depths. The proposed method and location of disposal will provide a suitable upland site for dredged material disposal, while also meeting the needs of NCDOT in protecting Highway 12 from beach washover. Any dredge pipeline that must cross over wetlands will be burlapped and welded to provide protection from leakage. 19. HAVE ANY SECTION 401 CERTIFICATES BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY? YES X NO IF YES. EXPLAIN: I certify that all information contained herein or in support thereof is true and correct to the best of my knowledge. Date: C. E. Shuford, Jr., P.E. Acting Chief, Engineering and Planning Division Attachments For prompt processing, submit: *Seven (7) copies of completed application *Drawings of proposed dredge and disposal sites *Copies of previous 401 Certifications --•-- Round Ramin Bay ?.. ?V I L D L I F E t•:: it - Highway 12 Disposal Site R E F !U G_ (approximate location) Pails Dilfk? __ 1 t O _- ' ==_k CO Uncle. i=m CO L4ndi lot Greens Pt ?-??? • ` CO l_ q .ff r a.. BIackurarGut a ?i'"•`?'' • c.•- •`_? ? O of a I > {j55SS e eeeeee,??????. n a..._ 7Sel 1 X = th D d N ,- or r , :ampgrc?: - j i Aunt Phorbcs r ' ! 5: Marsh (Q? (n Proposed Beach Disposal Area and Highway 12 Site Rodanthe, North Carolina Scale: 1:24,000 From: Rodanthe, NC USGS Quad r g N (a ^ - CV 1 N L- - ~ o U r ; N 7t:! t j U C14 Z ca CD O t I • ? I t - I s U3 N z ui Q >- w U - O a am a - g 10 J I Q a ^ g v ., ? I a a Q e m_ - I g- i 1 e _ I u I - p e ? s Mail Completed Application to: Division of Water Quality NC Department of Environment, Health, and Natural Resources 4401 Reedy Creek Rd., Raleigh, NC 27607-6445 ATTN: MR. JOHN DORNEY Ph. (919) 733-1786 DEM ID: U.S. ARMY CORPS OF ENGINEERS APPLICATION FOR 401 WATER QUALITY CERTIFICATION 1. DATE: December 13, 1996 2. NAME/ADDRESS: U.S. Army Corps of Engineers Wilmington District P.O. Box 1890 Wilmington, North Carolina 28402-1890 3. RESPONSIBLE INDIVIDUAL: Terry R. Youngbluth Lieutenant Colonel, U.S. Army District Engineer 4. NAME OF CORPS OF ENGINEERS CONTACT: Jenny Owens TELEPHONE NUMBER: (910) 251-4757 5. TYPE OF APPLICATION: New Application 6. PROJECT NAME: Maintenance dredging of Rodanthe Channel as discussed in the Environmental Assessment (EA) for Maintenance Dredging of Rodanthe. Avon, and Rollinson Channels. Dare County, North Carolina. December 1996 (enclosed). 7. DESCRIPTION OF PROPOSED WORK: The proposed action covers the dredging and disposal of dredged material from Rodanthe Channel, Dare County, North Carolina. The proposed dredging would be performed by a hydraulic pipeline dredge and the coarse-grained (sandy) material from the channel would be placed in a 12-acre upland disposal site, which is 1.5 miles north of Rodanthe, on the east of Highway 12 (Highway 12 disposal site). The control-of-effluent method of disposal would be used and the estimated quantity to be dredged and placed in the Highway 12 disposal site is 100,000 cubic yards. The proposed action is described in detail in Section 3.01 of the above-referenced EA. 8. PURPOSE OF PROPOSED WORK: Severe shoaling in the Rodanthe Channel has severely limited navigability to recreational and commercial vessels. Maintaining the channel to its previously authorized depth would alleviate this problem. In addition, the proposed method of disposal would provide beach quality material to the North Carolina Department of Transportation (NCDOT) for use in protecting Highway 12 from beach washover. 9. PROPOSED ACTIVITY TO BEGIN: February 1997 10. DURATION OF ACTIVITY: 30 days 11. DISCHARGE OF: X Dredged Material Fill Material 12. LOCATION OF DISCHARGE: Municipality: Rodanthe, North Carolina County: Dare Drainage Basin: Tar-Pamlico Basin Receiving Waters: Atlantic Ocean 13. NATURE OF RECEIVING WATERS: Type: Coastal Nature: Salt Direction of Flow: Variable 14. TYPE OF DISCHARGE INCLUDING CHEMICAL COMPOSITION: The material proposed for discharge is naturally occurring coarse-grained to fine-grained sand. The material to be dredged is not contaminated or polluted. 15. PROJECTED FUTURE VARIATION IN THE NATURE OF THE DISCHARGE: None. 16. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED ASSAI HQW. OR ORW? X YES (circle one) NO 17. NUMBER OF ACRES OR VOLUME OF WETLANDS IMPACTED BY THE PROPOSED PROJECT: Filled: None Excavated: None Total Impacted: None 18. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE CARRIED OUT AS PLANNED. ALSO. NOTE MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS: Maintenance dredging of the subject channel is necessary to restore it to navigable depths. The proposed method and location of disposal will provide a suitable upland site for dredged material disposal, while also meeting the needs of NCDOT in protecting Highway 12 from beach washover. Any dredge pipeline that must cross over wetlands will be burlapped and welded to provide protection from leakage. 19. HAVE ANY SECTION 401 CERTIFICATES BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY? YES X NO IF YES. EXPLAIN: I certify that all information contained herein or in support thereof is true and correct to the best of my knowledge. Date: A ??: Al C. E. Shuford, Jr., P.E. Acting Chief, Engineering and Planning Division Attachments For prompt processing, submit: *Seven (7) copies of completed application *Drawings of proposed dredge and disposal sites *Copies of previous 401 Certifications I --- Rowtd I:ammoa- - Bay 1. , l «' ii L D L I F E ` Highway 12 Disposal Site R E F -U G :14 . (approximate location) 9 ? rr -f?11 Paul; -A o z1=:; CL :._ CO Unde J'uam`' •I-:-- t 1 Lsnding? ?1 O g U- Greens Pt ?`=-? :• •'?;? CO .:" BlacF•uu:rGut--J? O `'w*': • ?. •??_? ?' O Ad _; 7? j, North Drain `amps Aural Phoebes Marsh iQ . U) Ca ?-= a . Proposed Beach Disposal Area and Highway 12 Site Rodanthe, North Carolina Scale: 1:24,000 From: Rodanthe, NC USGS Quad t 1 $ +? I - cu U) C 1 N N (B - o U N -C ; t j Z a U cC .r -I` .a rn o t I • z2 " 1 V 1 .. ? l w z ? RN Z ll] W I Q U = U1 ^ 8 12 Z J ? I 1 Q 4- F " ^ ' Q e - F .; I ' e I ! v ? g! p u 1 I e ^ ! I f ? I I Mail Completed Application to: Division of Water Quality NC Department of Environment, Health, and Natural Resources 4401 Reedy Creek Rd., Raleigh, NC 27607-6445 ATTN: MR. JOHN DORNEY Ph. (919) 733-1786 DEM ID: U.S. ARMY CORPS OF ENGINEERS APPLICATION FOR 401 WATER QUALITY CERTIFICATION 1. DATE: December 13, 1996 2. NAME/ADDRESS: U.S. Army Corps of Engineers Wilmington District P.O. Box 1890 Wilmington, North Carolina 28402-1890 3. RESPONSIBLE INDIVIDUAL: Terry R. Youngbluth Lieutenant Colonel, U.S. Army District Engineer 4. NAME OF CORPS OF ENGINEERS CONTACT: Jenny Owens TELEPHONE NUMBER: (910) 251-4757 5. TYPE OF APPLICATION: New Application 6. PROJECT NAME: Maintenance dredging of Rodanthe Channel as discussed in the Environmental Assessment (EA) for Maintenance Dredging of Rodanthe. Avon, and Rollinson Channels. Dare County. North Carolina. December 1996 (enclosed). 7. DESCRIPTION OF PROPOSED WORK: The proposed action covers the dredging and disposal of dredged material from Rodanthe Channel, Dare County, North Carolina. The proposed dredging would be performed by a hydraulic pipeline dredge and the coarse-grained (sandy) material from the channel would be placed in a 12-acre upland disposal site, which is 1.5 miles north of Rodanthe, on the east of Highway 12 (Highway 12 disposal site). The control-of-effluent method of disposal would be used and the estimated quantity to be dredged and placed in the Highway 12 disposal site is 100,000 cubic yards. The proposed action is described in detail in Section 3.01 of the above-referenced EA. 8. PURPOSE OF PROPOSED WORK: Severe shoaling in the Rodanthe Channel has severely limited navigability to recreational and commercial vessels. Maintaining the channel to its previously authorized depth would alleviate this problem. In addition, the proposed method of disposal would provide beach quality material to the North Carolina Department of Transportation (NCDOT) for use in protecting Highway 12 from beach washover. 9. PROPOSED ACTIVITY TO BEGIN: February 1997 10. DURATION OF ACTIVITY: 30 days 11. DISCHARGE OF: X Dredged Material Fill Material 12. LOCATION OF DISCHARGE: Municipality: Rodanthe, North Carolina County: Dare Drainage Basin: Tar-Pamlico Basin Receiving Waters: Atlantic Ocean 13. NATURE OF RECEIVING WATERS: Type: Coastal Nature: Salt Direction of Flow: Variable 14. TYPE OF DISCHARGE INCLUDING CHEMICAL COMPOSITION: The material proposed for discharge is naturally occurring coarse-grained to fine-grained sand. The material to be dredged is not contaminated or polluted. 15. PROJECTED FUTURE VARIATION IN THE NATURE OF THE DISCHARGE: None. 16. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS Ak HQW. OR ORW? X YES (circle one) NO 17. NUMBER OF ACRES OR VOLUME OF WETLANDS IMPACTED BY THE PROPOSED PROJECT: Filled: None Excavated: None Total Impacted: None 18. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE CARRIED OUT AS PLANNED. ALSO. NOTE MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS: Maintenance dredging of the subject channel is necessary to restore it to navigable depths. The proposed method and location of disposal will provide a suitable upland site for dredged material disposal, while also meeting the needs of NCDOT in protecting Highway 12 from beach washover. Any dredge pipeline that must cross over wetlands will be burlapped and welded to provide protection from leakage. 19. HAVE ANY SECTION 401 CERTIFICATES BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY? YES X NO IF YES. EXPLAIN: I certify that all information contained herein or in support thereof is true and correct to the best of my knowledge. t Date: C. E. Shuford, Jr., P.E. Acting Chief, Engineering and Planning Division Attachments For prompt processing, submit: "Seven (7) copies of completed application *Drawings of proposed dredge and disposal sites *Copies of previous 401 Certifications Round I:am?'10A.` Bay ?.. ? -, . ?V I L D L I F E }c•:" Highway 12 Disposal Site R E F fU G ' (approximate location) l: . 9 Paul; , . _ a• a uncle Timm `" k' 1 T z 1 IsadinY : O _ 7 `i?? = ? ? • = a W a a Greens Pt 0 BlaaEvwr Cut v w+ _ ••<' _ 10 a: o_ AlOrIA Drain Aunt Phoebes Marsh U) L Proposed Beach Disposal Area and Highway 12 Site Rodanthe, North Carolina Scale: 1:24,000 From: Rodanthe, NC USGS Quad 1 N \ a f g U $ ?F N i ! i z i - - ! , z w W IQ U r = O U U3 f- a " am a - g 1= x J o I " i Q 0. z F v "" i ? a r I 1 R= , k _ P ? I I ? e 1 t M cn c O N cu O U CL N 0 N Z 3 C13 .? -0 o z C?