19970231 Ver 1_COMPLETE FILE_19970513

DEHNR
MEMORANDUM
Division of Water Quality
July 17, 1996
To: John Dorney
From: Deborah Sawyer 10 Subject: Request for Review
COEIJetty Extension
Project AFY97-019
Silver Lake
Hyde County
Fax : [phone] Jul 17 ' 96 16:29 P.02/04 1 IVA
"**)2
The above subject document has been reviewed by this office. This office has no objections to
the project if performed as proposed. If you have any questions of comments, please call. Thank
you.
. . A
State of North Carolina
Department of Environment, WM'
Health and Natural Resources AT4 •
Division of Water Quality
James B. Hunt, Jr., Governor E H N
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
June 2, 1997
Mr. C.E. Shuford, Jr.
Acting Chief
Engineering and Planning Division
U.S. Army Corps of Engineers
Wilmington District
P.O. Box 1890
Wilmington, NC 28402-1890
Dear Mr. Shuford,
Re: Certification Pursuant to Section 401 of the Federal Clean Water Act,
Proposed extension of south jetty at Silver Lake Harbor
WQC Project #970231
Hyde County
Attached hereto is a copy of Certification No. 3144 issued to U.S. Army Corps of Engineers
dated 30 May, 1997.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
ZI
ton Howard, Jr. P
Attachments
970231.wgc
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DWQ Regional Office
Mr. John Domey
Mr. John Parker, Division of Coastal Management
Central Files
Jenny Owens; U.S. Army Corps of Engineers
Division of Water (duality • Environmental Sciences Branch
Enviro. Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycied/10% post consumer paper
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public
Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water
Quality (DWQ) Regulations in 15 NCAC 2H, Section.0500 to U.S. Army Corps of Engineers
resulting in less than one-quarter acre of wetland impact in Hyde County pursuant to an application
filed on the 13th day of March of 1997 to construct a jetty extension at Silver Lake Harbor.
The application provides adequate assurance that the discharge of fill material into the waters of
Silver Lake in conjunction with the proposed development will not result in a violation of applicable
Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that
this activity will not violate the applicable portions of Sections 301, 302, 303, 306, 307 of PL 92-500
and PL 95-217 if conducted in accordance with the application and conditions hereinafter set forth.
This approval is only valid for the purpose and design that you submitted in your application, as
described in the Public Notice or as modified below. If you change your project, you must notify us
and you may be required to submit a revised 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 below.
In addition, you should get any other federal, state or local permits before you go ahead with your
project including (but not limited to) Sediment and Erosion control, Coastal Stormwater, Non-
discharge and Water Supply watershed regulations.
Condition(s) of Certification:
That appropriate sediment and erosion control practices which equal or exceed those
outlined in the most recent version of the "North Carolina Sediment and Erosion Control
Planning and Design Manual" or the "North Carolina Surface Mining Manual" (available
from the Division of Land Resources in the DEHNR Regional or Central Offices) are
utilized to prevent exceedances of the appropriate turbidity water quality standard (50
NTUs) in all saltwater classes, and all lakes and reservoirs; and 10 NTUs in trout waters);
2. All sediment and erosion control measures placed in wetlands or waters shall be removed and
the natural grade restored after the Division of Land Resources has released the project;
Measures shall be taken to prevent live or fresh concrete from coming into contact with
waters of the state until the concrete has hardened;
Violations of any condition herein set forth shall result in revocation of this Certification and may
result in criminal and/or civil penalties. This Certification shall become null and void unless the above
conditions are made conditions of the Federal 404 and/or coastal Area Management Act Permit. This
Certification shall expire upon expiration of the 404 or CAMA permit.
If this Certification is unacceptable to you you have the right to an adjudicatory hearing upon
written request within sixty (60) days following receipt of this Certification. 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, P.O. Box 27447, Raleigh, N.C. 27611-7447. If
modifications are made to an original Certification, you have the right to an adjudicatory hearing on the
modifications upon written request within sixty (60) days following receipt of the Certification.
Unless such demands are made, this Certification shall be final and binding.
This the 2nd day of June, 1997
DIV ON OF WATER QUALITY
f+,.reston Howard, Jr. P.E.
WQC #3144
v ?1 ?
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---- - -- - Operator
0& AMPAD REORDER
= EFFICIENCY- #23-006
r"
9702,11
Mail Completed Application to:
Division of Water Quality
NC Department of Environment, Health,
and Natural Resources
4401 Reedy Creek Rd., Raleigh, NC 27607-445
ATTN: MR. JOHN DORNEY
Ph. [phone]
DEM ID:
U.S. ARMY CORPS OF ENGINEERS
APPLICATION FOR 401 WATER QUALITY CERTIFICATION
1. DATE: March 13, 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) 2514757
5. TYPE OF APPLICATION: New Application
6. PROJECT NAME: Extension of the south jetty at Silver Lake Harbor, North Carolina, as discussed in
the Environmental Assessment (EA) for Silver Lake Harbor. South Jetty Extension. Hyde County, North
Carolina. March 1997 (enclosed).
7. DESCRIPTION OF PROPOSED WORK: The proposed action is a 350' eastward extension of the
south jetty with the creation of 1/4 acre of intertidal marsh in the eroded pocket behind the jetty. Project
details are discussed in the enclosed EA.
8. PURPOSE OF PROPOSED WORK: The purpose of the proposed work is to stabilize the
eroding bank on the south side of Silver Lake Harbor in order to prevent future erosion and possible
flanking of the existing Silver Lake Harbor jetty. Erosion of the unprotected bank beyond the shoreward
end of the south jetty has steadily progressed over the years. To date, the bank erosion has formed an
embayment extending nearly 300 feet southeastward from the end of the jetty with a maximum shoreline
retreat of about 80 feet. This equates to a maximum erosion rate of approximately 4 feet per year. All
indications are that the erosion will continue unless appropriate measures are taken. The stone scour
apron along the landward end of the south jetty has recently shown signs of settlement. Of greater
significance is that continued erosion of the bank increases the likelihood that the jetty may be flanked
along the southern side during a major storm.
9. PROPOSED ACTIVITY TO BEGIN: June 1997
10. DURATION OF ACTIVITY: 90 days
11. DISCHARGE OF:
- Dredged Material
X Fill Material
-2-
12. LOCATION OF DISCHARGE:
Municipality: Silver Lake, North Carolina
County: Hyde
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 discharge associated with
the construction of the jetty extension would consist of two layers of stone placed over a geotextile fabric.
The outer armor stone would be NCDOT Class 2 rip-rap with individual stones ranging in size from 6 to 14
inches (25 to 250 Ibs.). The smaller core stone would be 2 to 6 inches in size. The material that would be
discharged to create the 1/4 area of marsh would be sediment suitable for the propagation of marsh grass
and would be obtained by the contractor from a commercial borrow site. The material would not be
contaminated or polluted.
15. PROJECTED FUTURE VARIATION IN THE NATURE OF THE DISCHARGE: None.
16. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS SA, HQW. OR ORW?
YES X NO
17. NUMBER OF ACRES OR VOLUME OF WETLANDS IMPACTED BY THE PROPOSED PROJECT:
Filled: Less than 1/4 acre
Excavated: Less than 1/4 acre
Total Impacted: Less than 1/4 acre
18. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE CARRIED
Several alternatives were investigated during the planning phase of this project. It is thought that the
chosen alternative will provide the most protection to the eroding shoreline while at the same time,
enhancing the environment. As discussed in Section 5.01 of the EA, the jetty extension will be
constructed from the water, thereby, lessening impacts to the shoreline.
19. HAVE ANY SECTION 401 CERTIFICATES BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY?
-YES -.& 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, r., P. E.
Acting Chief
Engineering and Planning Division
Date: 3 !y V

Attachments
For prompt processing, submit:
"Seven (7) copies of completed application
"Drawings of proposed dredge and disposal sites
`Copies of previous 401 Certifications
14r %
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
47iLAI
?EHNR
May 7, 1997
Washington Daily News
P.O. Box 1788
Washington, NC 27889
Attn: Legal Ad Department
Dear Sir:
Re: Public Notices
Please publish the attached Public Notice one time in the section set aside for Legal
Advertisements in your newspaper. The publication should run on or before May 15, 1997.
Please send the invoice for publication and three copies of the affidavit of publication to the address
given below. Payment cannot be processed without the affidavit of publication.
N.C. Division of Water Quality
Water Quality Section
4401 Reedy Creek Road
Raleigh, NC 27607
Attn: John Dorney
If you have any questions concerning this matter, please call John Dorney at 919-733-1786.
Sincerely,
. orney
Wit, r Quality Certifi 'on Program
cc: John Dorney
Washington DWQ Regional Office
Central Files
970231.pub
Division of Water Quality • Environmental Sciences Branch
4401 Reedy Creek Rd., Raleigh, NC 27626-0535 • Telephone [phone] • FAX [phone]
An Equal Opportunity Affirmative Action Employer50% recycled/ 10% post-consumer paper
k
NORTH CAROLINA DIVISION OF WATER QUALITY
PUBLIC NOTICE is hereby given that the U.S. Army Corps of Engineers in Wilmington, North
Carolina, has applied to the North Carolina Division of Water Quality for a Water Quality
Certification pursuant to Section 401 of the Federal Clean Water Act and Water Quality
Commission rules in 15A NCAC 21-1.0101 AND 15A NCAC 2H.0500. The activity for this the
certification is sought is construct a jetty extension, in Silver Lake in Hyde County.
The public is invited to comment on the above mentioned application to the Division of Water
Quality. Comments shall be in writing and shall be received by the Division no later than 30 May,
1997. Comments should be sent to N.C. Division of Water Quality, Environmental Sciences
Branch, 4401 Reedy Creek Road, Raleigh, North Carolina 27607, Attention: John Dorney (919)
733-1786 Fax: [phone]. A copy of the application is on file at the Division office at
Washington, North Carolina 27889 (Washington Regional Office 919-946-6481; Fax #919-975-
3716) during normal business hours and may be inspected by the public.
??tn
eston Howard,
D' ector
N.C. Division of Water Quality
DATE: 7 May 1997

DEPARTMENT OF THE ARMY
WILMINGTON DIST
RICT, CORPS OF ENGINEERS ° V
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890 o! y
REPLY TO March 13, 1997
ATTENTION OF
Environmental Resources Section
Mr. John Dorney I
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:
The U.S. Army Corps of Engineers, Wilmington District, has completed the enclosed study
tnvlronmeMal Assessment. 5uver LaKe harbor. South Jettv Extension. Hvde county. North
Carolina. March 1997. The purpose of this Environmental Assessment (EA) is to address the
environmental impacts of construction of a jetty extension at Silver Lake Harbor, North
Carolina with the creation of 1/4 acre of marsh behind the jetty extension. 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 materials needed to construct the jetty extension
and intertidal marsh. Project details are discussed in Section 3.03 of the enclosed EA.
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 by April 25, 1997.
If you have any questions concerning this matter, please contact Ms. Jenny Owens,
Environmental Resources Branch, at [phone].
Sincerely,
C. E. Shuford, Jr., P.E.
Acting Chief
Engineering and Planning Division
Enclosures
(7 copies of the 401 Application)
DEHNR Fax:[phone]
en t,
W' 0 t1; dn'd:. > td urr?l' Resources
'i) ?isiorv, -aC6dk1 Monogernent
JdmOs : Hunt; Jr.:,: Govemor
J?rl?ift?i? B; Howes,,?ecretary ,
BogerN'Sch4e r,' Director
-03/25/97
¦?
" N """
WASH 0 oN
aFaraE
Apr 24 '97 1416 P.02i04
Q
MAR 2 7 Im"
W15. .Ef Rehgrah. Sawyer
,N.C iF?cN#Z
Div.';.- EMViroh-mental Management
'.Waslh,ing.rian.., NC 27889
R_FPWC.EC. 97 -10 County: Hyde
p .fi cas%ttSponsor: U.S. Army Corps of Engineers
'EA sjl.var Lake Harbor South Jetty.Zxtenslon
DpAk- Ms..' S sawyer:
d. E. M.
Pltl?',at'?ached Consistency Determination, dated 03113197
`r-esearfb ,nqr a proposed Federal Activity its being circulated to
`State &Vencies for comments concerning the proposal's consistency
` ith-.; the; North Carolina Coastal Management Program.
P,i'Oase. indicate, your viewpoint on the 'proposal and return this
:form - to' ':,me, before 04114197
Sinoeieiy,
tep en R. Benton
Consistency Coordinator
This office objects to the project as proposed.
waaehed
omuments n s Q %t
?s office Fproject proposaL
No comment.
SigneA??2 Date --+
Agency?e- L"ry°?
33-1495
p.O. Box 27687: Rdelgh. Nodh Car6no 27611-7687 Telephone [phone]Z FAX 91 paper
AR Etwd •Z ovortunftY Affirmative Action Emp W

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
Adam
EHNR
May 13, 1997
Colonel Terry R. Youngbluth
US Army Corps of Engineers I
Wilmington District
P.O. Box 1890
Wilmin ton Nc 28402
F
Kok ?U
ti
ell
"Silver Lake Harbor, South etty Extensio de County
REFERENCE: CD97-10
F
Dear Colonel Youngbluth: ----- ---
The State of North Carolina has reviewed, pursuant to 15 CFR 930 Subpart C -
Consistency for Federal Activities, the referenced proposal to extend the south jetty at Silver Lake
Harbor on Ocracoke Island in Hyde County, NC. The proposed project is intended to provide
protection of the landward shoreline from wake induced erosion. The eroded pocket behind the
jetty extension will be graded and planted to create an intertidal marsh area. Based upon our
review, we have determined that the proposed work is consistent with the North Carolina Coastal
Management Program, providing the following conditions are met:
1. A 401 Water Quality Certification for this project is received from the NC Division of Water
Quality.
2. To be consistent with the Hyde County Land Use Plan, the height of.the jetty will not exceed
3 feet above the natural water line. The natural water line is defined as the normal water level.
3. The NC Division of Environmental Health shall be contacted regarding mosquito control at the
marsh creation site.
4. So that the marsh -creation site can have benefit to finfish and other fisheries resources in the
area, adequate means for inundation and circulation of water within the marsh creation site shall
be provided in the project design.
Per your request we agree to waive the 90 day waiting period per 15 CFR 930.41. If you
have any questions regarding our finding or conditions, please contact Steve Benton or Caroline
P.O. Box 27687, ??14 FAX [phone]
Raleigh, North Carolina 27611-7687 C An Equal Opportunity/AfflrmatNe Action Employer
Voice 919-733-2293 =1111 50% recycled/ 10% post-consumer paper
N
Bellis, Division of Coastal Management, at [phone]. Thank you for your consideration of
the North Carolina Coastal Management Program.
Sincerely,
Roger

cc: Terry Moore, NC Division of Coastal Management, Washington
John Dorney, NC Division of Water Quality
Linda Sewall, NC Division of Environmental Health
Jenny Owens, US Army Corps of Engineers, Wilmington District
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
?Nr Mof May 15, 1997
Environmental Resources Section
Q
Dear Madam or Sir:

Enclosed is a copy of the Finding of No Significant Impact. Silver Lake Harbor.
South Jetty Extension. Hyde County, North Carolina, May 1997.
All comments received on the Environmental Assessment were considered in
making the decision to sign the Finding of No Significant Impact. A comment/
response section is included in the Finding of No Significant Impact.
Sincerely,
R ou ngbluth
?er y
n , U.S. Army
District Engineer
Enclosure
.y ls
is
1
US Army Corps
of Engineers.
Wilmington District
FINDING OF NO SIGNIFICANT IMPACT
-i
FINDING OF NO SIGNIFICANT IMPACT
SILVER LAKE HARBOR
SOUTH JETTY EXTENSION
HYDE COUNTY, NORTH CAROLINA
MAY 1997
1.00 INTRODUCTION
The project consists of the landward extension of the existing south jetty at Silver
Lake Harbor, North Carolina and the creation of an intertidal marsh in the eroded area
behind the jetty extension. The project area is shown in Figure 1.
2.00 DESCRIPTION OF PROPOSED ACTION
Jetty Extension. The jetty extension would generally follow along the present jetty
alignment in an eastward direction paralleling the entrance channel as shown in the site
plan. The eastern end of the jetty extension would cover an existing concrete bulkhead.
The 350-foot extension would consist of a rubblemound structure with a top elevation that
is approximately +3.0 feet above the natural water line. The crown of the main part of the
structure would be 6 feet wide with an average base width of about 36 feet. The eastern
end would have a crown width of 3 feet and an average base width of 25 feet. The
structure would consist of two layers of stone placed over a geotextile fabric. The outer
armor stone would be NC Department of Transportation Class 2 riprap with individual
stones ranging in size from 6 to 14 inches (25 to 250 Ibs.). The smaller core stone would
be 2 to 6 inches in size.
Intertidal Marsh Creation. The proposed plan is to create an intertidal marsh in the
eroded pocket behind the jetty extension. This area, which is approximately 1/4 acre in
size, would be cleared of fallen vegetation and other debris, backfilled with sand to an
elevation equal to mean sea level, graded to promote flushing of the area through the
jetty, and planted with two different types of marsh grass. The marsh grass planting would
consist of approximately 7,509 square feet of smooth cordgrass (Spartina alternaflora) and
3,702 square feet of saltmeadow hay (Spartina patens), requiring approximately 6,000
total plants. Planting would take place during the first growing season after the completion
of the jetty construction. The optimal planting period for smooth cordgrass and
saltmeadow hay is March through May, with the end of the growing season being
September 30th. The contractor would be required to guarantee at least 80% survival
through the first growing season.
3.00 INCORPORATION BY REFERENCE
U.S. Army Engineer District, Wilmington. Environmental Assessment. Silver Lake
Harbor South Jetty Extension. Hy County, North Carolina, March 1997. This report will
be referenced throughout the Finding Of No Significant Impact (FONSI) as the
Environmental Assessment (EA).
4.00 PUBLIC AND AGENCY COORDINATION
The project was coordinated with the North Carolina Division of Coastal Management, the
North Carolina Division of Marine Fisheries, the National Marine Fisheries Service
(NMFS), the Division of Environmental Management (NCDEM), the North Carolina
Department of Cultural Resources, the North Carolina Natural Heritage Program, and the
U. S. Fish and Wildlife Service (USFWS).
On March 13, 1997, 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 National Marine Fisheries Service, U.S. Environmental Protection
Agency, 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 enclosure 1. No comments were received from the USFWS.
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.
North Carolina State Clearinghouse, letter of April 24. 1997
COMMENT: "...project has been reviewed through the State Clearinghouse
Intergovernmental Review Process. No comments were made by any state or local
agency in the course of this review."
RESPONSE: Noted.
COMMENT: On the basis of the information provided in the EA, it does not appear that
any significant and/or long-term adverse environmental consequences will result from this
action. Therefore, we have no serious objections to the use of an EA rather than the more
comprehensive environmental impact statement format.
2
RESPONSE: Noted.
COMMENT: We have reviewed the subject EA and have determined that it adequately
describes National Marine Fisheries Service trust resources and the impacts of this work
on them. Therefore, we have no further comments to offer.
RESPONSE: Noted.
COMMENT: Under the Listing of Recipients, the Center for Environmental Health is
incorrectly listed under "Conservation Groups." The National Center for Environmental
Health is part of the Centers for Disease Control and Prevention, Department of Health
and Human Services and should be listed under Federal Agencies.
RESPONSE: Noted.
COMMENT: We have reviewed the EA for the jetty extension and determined the project
as proposed will not adversely affect the Ocracoke National Register Historic District.
RESPONSE: Noted.
COMMENT: Based upon our review, we have determined that the proposed work is
consistent with the North Carolina Coastal Management Program, providing the following
conditions are met:
1. A 401 Water Quality Certification for this project is received from the NC Division of
Water Quality.
2. To be consistent with the Hyde County Land Use Plan, the height of the jetty will not
exceed 3 feet above the natural water line. The natural water line is defined as the normal
water level.
3. The NC Division of Environmental Health shall be contacted regarding mosquito control
as the marsh creation site.
3
4. So that the marsh creation site can have benefit to finfish and other fisheries resources
in the area, adequate means for inundation and circulation of water within the marsh
creation site shall be provided in the project design.
RESPONSE: Noted. All conditions will be met.
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 of 1973, as
amended, have been satisfied.
7.00 ENVIRONMENTAL COMMITMENTS
The following commitments must be fulfilled:
The Corps will obtain a Section 401 Water Quality Certificate (WQC) prior to
construction. Based on a telephone conversation with John Dorney of the NCDEM on
May 13, 1997, a 401 WQC will be issued when they receive a copy of the signed FONSI.
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: / ??? ?} ?' ?1 / ?
T ry oungbluth
olon I U.S. Army
Distrf F/ Engineer
Enclosures
4
Mr. Roger M. Schecter
Division of Coastal Management
North Carolina Department of
Environment, Health and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Steve Benton
Division of Coastal Management
North Carolina Department of Environment,
Health, and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. John Dorney
North Carolina Division of Environmental Management
North Carolina Department of Environment,
Health, and Natural Resources
4401 Reedy Creek Road
Raleigh, NC 27607
Mr. Heinz Mueller
Environmental Protection Agency, Region IV
Environmental Policy Section
Atlanta Federal Center
100 Alabama Street, SW
Atlanta, GA 30303-3104
Mr. John Hefner
U.S. Department of the Interior
Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Ms. Chrys Baggett, Director
North Carolina State Clearinghouse
Administration Building, Room 535
116 West Jones Street
Raleigh, NC 27603-8003
6
u ?--.
North Carolina
Department of Administration
James B. Hunt, Jr., Governor
Ms. Jenny Owens
Department of the Army
Wilmington District, Corps of Engineers
P.O. Box 1890
Wilmington, NC 28402-1890
Dear Ms. Owens:
Katie G. Dorsett, Secretary
April 24, 1997
Re: SCH File # 97-E-0000-0596; Environmental Assessment/Finding of No Significant Impact
Proposed Landward Extension of the Existing South Jetty at Silver Lake Harbor, NC and the
Creation of an Intertidal Marsh in the Eroded Area Behind the Jetty Extension
The above referenced project has been reviewed through the State Clearinghouse Intergovernmental
Review Process. No comments were made by any state or local agency in the course of this review.
Should you have any questions, please do not hesitate to call me at [phone].
S' cerely,
Mrs. Chrys Baggett, Director
N. C. State Clearinghouse
cc: Region R
116 West Jones Street Raleigh, North Carolina 27603-8003 Telephone [phone]
An Equal Opportunity / Affirmative Action Employer

Jig sr1TZs
A UNITED S ATES ENVIRONMENTAL PROTECTION AGENCY
I0 yW REGION 4
o V ATLANTA FEDERAL CENTER
y'y o= 100 ALABAMA STREET, S.W.
?4l'+c Paots-°? ATLANTA, GEORGIA 30303-3104
r".n ? 1
Colonel Terry R. Youngbluth
Wilmington District, Corps of Engineers
P.O. Box 1890
Wilmington, NC 28402-1890
Attn: Ms. Jenny Owens - Environmental Resources Branch
Subject: Environmental Assessment (EA) for Construction of the
Silver Lake Harbor Jetty Extension, Hyde County, NC
Dear Colonel Youngbluth:
Pursuant to Section 309 of the Clean Air Act, EPA, Region 4
has reviewed the subject document; an evaluation of the
consequences of extending/realigning the south jetty in a effort
to reduce erosion and foster marsh creation, respectively. The
350-foot extension would consist of a rubblemound structure with
an average footprint width of 36 fdet'. While the structure
should address much of the immediate erosion problem, it will not
materially change the underlying causes, viz., wake and wave
action. In a practical sense little can probably be done about
propagation of wind waves, but wake generation in the confines of
the harbor should be examined to incrementally lessen future
problems.
An intertidal marsh will be planted in the 1/4 acre pocket
remaining behind the jetty extension. We support this endeavor,
but believe that the survival rate of the Spartina species needs
to be monitored for, at least, a three year period rather than
just one growing season.
Or. the. basin of the i .formation provided in.the EA it does.
not appear that any significant and/or long-term adverse
environmental consequences will result from this action.
Therefore, we have no serious objections to the use of an EA
rather than the more comprehensive environmental impact statement
format.
Thank you for the opportunity to comment. If we can be of
further assistance, Dr. Gerald Miller (404-562-9626) will serve
as initial point of contact.
Sincerely yours,
WA?
Heinz J. Mueller, Chief
Office of Environmental Assessment
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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 Colonel Youngbluth:
UNITED STATES DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
NATIONAL MARINE FISHERIES SERVICE
Southeast Regional Office
9721 Executive Center Drive N
St. Petersburg, Florida 33702
April 3, 1997
Please reference your March 13, 1997, letter requesting review and comments on the Environmental
AssessmentHarbor, Silver Lake South JeExtensior , Hyde CounLake South JeExtensior . Hyde Coun, North Carolina, March 1997.
We have reviewed the subject Environmental Assessment and have determined that it adequately
describes National Marine Fisheries Service trust resources and the impacts of this work on them.
Therefore, we have no further comments to offer.
Sincerely,
And>s Mager, Jr,
Assistant Region irector
Habitat Conservation Division
cc: FWS, ATLA, GA
FWS, Raleigh, NC
EPA, ATLA, GA
NCDEHNR, Raleigh, NC
NCDEHNR, Morehead City, NC
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DEPARTMENT OF HEALS.. & HUMAN SERVi-CES
Ms. Jenny Owens
Environmental Resources Section
U. S. Army Corps of Engineers, Wilmington District
P.O. Box 1890
Wilmington, N.C. 28402-1890
Dear Ms. Owens:
Public Health Service
Centers for Disease Control
and Prevention (CDC)
Atlanta GA 30333
April 7, 1997
We have completed our review of the Draft Environmental Assessment (DEA) for Silver Lake
Harbor South Jetty Extension, Hyde County, North Carolina. We are responding on behalf of the
U.S. Public Health Service.
We believe our potential concerns have been adequately addressed in this draft document, and
concur that this Federal action should not significantly affect the quality of the human
environment. We do, however, have one editorial comment. Under the Listing of Recipients, the
Center for Environmental Health is incorrectly listed under "Conservation Groups". The National
Center for Environmental Health (NCEH) is pilrt of the Centers for Disease Control and
Prevention (CDC),. Department of Health and Human Services (DHHS), and should be listed
under Federal Agencies.
Thank you for the opportunity to review and comment on this DEA. We would appreciate
receiving a copy of the Final EA, and any future EAs and environmental impact statements (EISs)
which may indicate potential public health impact and are developed under the National
Environmental Policy Act (NEPA).
Sincerely,
Kenneth W. Holt, M.S.E.H
Special Programs Group (F29)
National Center for Environmental Health
The Nat,on's P--t- Agency
CDCPW?&]
Centers for Disease Control and P-ention
a STATF o
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North Carolina Department of Cultural Resources
James B. Hunt Jr., Governor
Betty Ray McCain, Secretary
April 23, 1997
Trudy Wilder
U.S. Army Corps of Engineers
Wilmington District
P.O. Box 1890
Wilminaton, NC 28402-1890
Re: Silver Lake Harbor'south jetty extension,
Ocracoke, Hyde County, ER 97-7047, 97-E-
0000-0596
Dear Ms. Wilder:
Division of Archives and History
Jeffrey J. Crow, Director
We have received information concerning the above project from the State
Clearinghouse. We have reviewed the environmental assessment for the jetty
extension and determined the project as proposed will not adversely affect the
Ocracoke National Register Historic District.
The above comments are made pursuant to Section 106 of the National Historic
Preservation Act and the Advisory Council on Historic Preservation's Regulations
for Compliance with Section 106 codified at 36 CFR Part 800.
Thank you for your cooperation and consideration. If you have questions
concerning the above comment, please contact Renee Gledhill-Earley, environmental
review coordinator, at 919/733-4763.
Sincerely,
r
David Brook
Deputy State Historic Preservation Officer
DB:slw
cc: State Clearinghouse
Steve Benton, Division of Coastal Management
'"4O1 '74!'7 D_ K)
-6"" Y-14-197 WED 08:00 ID: TEL N0: #704 P02 1 -
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James S. Hunt, Jr., Governor
Jonathan 8. Howes, Secretary
Roger N. Schecter, Director
Colonel Terry R. Youngbluth
US Army Corps of Engineers
Wilmington District
P.O. Box 1890
Wilmington, NC 28402
May 13, 1997
I
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HNR
REFERtNCE: CD97-10 EA Silver Lake Harbor, South Jetty Extension, Hyde County
Dear Colonel Youngbluth:
The State of North Carolina has reviewed, pursuant to 15 CFR 930 Subpart
C -
Consistency for Federal Activities, the referenced proposal to extend;the south jetty at Silver Lake
Harbor on Ocracoke Island in Hyde County, NC. The proposed project is intended to provide
protection of the landward shoreline from wake induced erosion. The eroded pocket behind the
jetty extension will be graded and plantod to create an intertidal marsh area. Based upon our
review, we have determined that the proposed work is consistent with the North Carolina Coastal
Management Program, providing the following conditions are met:
I 1. A 401 Water Quality Certification for this project is received from the NC Division of Water
Quality.
2. To be consistent with the Hyde County Land Use Plan, the height of the jetty will not exceed
3 feet above the natural water line. The natural water line is defined as the normal water level.
3, The NC Division of Environmental Health shall be contacted regarding mosquito control at the
marsh creation site.
4. So that the marsh creation site can have benefit to finfish and other fisheries resources in the
area, adequate means for inundation and circulation of water within the marsh creation site shall
be provided in the project design.
Per your request we agree to waive the 90 day waiting period per 15 CFR 930.41. If you
have any questions regarding our finding or conditions, please contact Steve Benton or Caroline
P.O. Box 27687, J=12=j FAX [phone]
Raleigh, Nolth Carolina 27611-7687 C An Equal Opporftuitty/AfArmatlve Action Employer
Volce 919-733-2293 w%recycled/lo%post-c onsumar armor
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Bellis, Division of Coastal Management, at [phone]. Thank you for your consideration of
the Forth Carolina Coastal Management Program.
Sincerely,
Roger . checter
cc: Terry Moore, NC Division of Coastal Management, Washington
John Dorney, NC Division of Water Quality
Linda Sewall, NC Division of Environmental Health
Jenny Owens, US Army Corps of Engineers, Wilmington District
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ENVIRONMENTAL ASSESSMENT
FOR
SILVER LAKE HARBOR
SOUTH JETTY EXTENSION
HYDE COUNTY, NORTH CAROLINA
MARCH 1997
Table of Contents
Title
Page No.
1.00 INTRODUCTION ................................................................................................1
2.00 INCORPORATION BY REFERENCE ................................................................1
3.00 PROJECT DESCRIPTION .................................................................................1
3.01 Authorized Project ...................................................................................1
3.02 Need for the Proposed Action ..................................................................1
3.03 Proposed Action ........................................................................•.............2
3.03.01 Jetty Extension ................................................................................2
3.03.02 Intertidal Marsh Creation ...............'.:.................................................3
4.00 ALTERNATIVES ...........................................................:'.....................................3
4.01 Armor the Shoreline .................................................................................3
4.02 Utilize Wave Energy Dissipators ..............................................................3
4.03 Use of Transplanted Emergent Marsh ................................................... 3
4.04 No-Action Alternative ...............................................................................4
5.00 ENVIRONMENTAL EFFECTS ........................................................................... 4
5.01 Water Quality ........................................................................................... 4
5.02 Marine and Estuarine Resources ............................................................. 4
5.03 Terrestrial Resources ............................................................................... 5
5.04 Endangered Species ............................................................................... 5
5.05 Archaeological/Historical Resources ....................................................... 7
5.06 Hazardous and Toxic Waste .................................................................... 8
5.07 Air Quality ................................................................................................ 8
5.08 Noise ........................................................................................................ 8
5.09 Recreation and Aesthetic Resources ....................................................... 8
5.10 Relationship to Coastal Zone Management Land Use Plan .................... 9
6.00 COORDINATION ................................................................................................9
ENVIRONMENTAL ASSESSMENT
FOR
SILVER LAKE HARBOR
SOUTH JETTY EXTENSION
HYDE COUNTY, NORTH CAROLINA

MARCH 1997
Table of Contents (Cont'd)
Title
Page No.
7.00 LIST OF RECIPIENTS .......................................................................................9
8.00 POINT OF CONTACT ......................................................................................11
9.00 REFERENCES .................................................................................................11
10.00 FINDING OF NO SIGNIFICANT IMPACT (FONSI) ........................................12
List of Figures
(all figures follow page 12)
FIGURE 1: Project Area - South Jetty Extension, Silver Lake Harbor, North
Carolina
FIGURE 2: Aerial View of Silver Lake Harbor
FIGURE 3: South Jetty Extension Site Plan
FIGURE 4: Grading Plan
FIGURE 5: Marsh Cross Sections
List of Appendices
APPENDIX A: Evaluation of section 404(b)(1) Guidelines
ENVIRONMENTAL ASSESSMENT
FOR
SILVER LAKE HARBOR
SOUTH JETTY EXTENSION
HYDE COUNTY, NORTH CAROLINA
MARCH 1997
1.00 INTRODUCTION.
This Environmental Assessment (EA) addresses the landward extension of the
existing south jetty at Silver Lake Harbor, North Carolina and the creation of an
intertidal marsh in the eroded area behind the jetty extension. The project area is
shown in Figure 1.
2.00 INCORPORATION BY REFERENCE.
The original construction of the south jetty at Silver Lake Harbor is discussed in
Silver Lake Harbor, North Carolina, Detailed Project Report, U. S. Army Engineer
District, Wilmington, North Carolina, dated July 9, 1965. (DPR, 1965). This report refers
to the jetty as a "rubblemound training wall."
3.00 PROJECT DESCRIPTION.
3.01 Authorized Project.
The present project was authorized February 7, 1967, under authority of Section
107 of the River and Harbor Act of July 14, 1960. The authorized project consists of: a
12 foot deep basin in Silver Lake Harbor, an entrance channel to the harbor that is 12
feet deep and 60 feet wide, rubblemound training walls, 300 feet long and 400 feet
long, on the north and south sides, respectively, of the entrance channel, a channel, 12
feet deep and 150 feet wide, through Big Foot Slough to Pamlico Sound, a channel, 12
feet deep and 150 feet wide, through Teaches Hole Channel to the gorge in Ocracoke
Inlet, and a channel, 12 feet deep and 150 feet wide, through Bluff Shoal across
Pamlico Sound.
3.02 Need for the Proposed Action.
The unprotected bank beyond the shoreward end of the south jetty has steadily
eroded over the years. To date, the bank erosion has formed an embayment extending
nearly 300 feet southeastward from the end of the jetty with a maximum shoreline
retreat of about 80 feet. This equates to a maximum erosion rate of approximately 4
1
feet per year. The primary cause of the erosion appears to be the wake generated by
the ferry traffic that enters and exits the harbor 8 to 10 times daily. Wakes generated
by smaller vessels using the harbor and wind waves propagating from Pamlico Sound
into the entrance are also likely to contribute to the erosion, but to a lesser degree.
Figure 2 is an aerial view of the Silver Lake Harbor project that clearly shows the
subject erosion.
All indications are that the erosion will continue unless appropriate measures are
taken. The stone scour apron along the landward end of the south jetty has recently
shown signs of settlement. Of greater significance is that continued erosion of the bank
increases the likelihood that the jetty may be flanked along the southern side during a
major storm. To prevent future erosion of the bank and possible flanking of the
structure, we propose to extend the south jetty landward, generally following the
present jetty alignment in an eastward direction.
3.03 Proposed Action.
The proposed alignment and design for the jetty extension are a result of
coordination between the Corps of Engineers and the North Carolina Division of
Coastal Management (NCDCM). The Corps' original plan was for the jetty to follow the
alignment of an historic wooden and concrete bulkhead. During coordination, NCDCM
asked that the jetty be moved closer to shore than the original plan and that the jetty be
designed to allow for flushing of water through the structure onto a proposed marsh
creation area. The alignment and design that are described in section 3.03.01. are the
result of this coordination. The marsh creation component of the project is described in
section 3.03.02.
3.03.01 Jetty Extension.
As previously stated, the jetty extension would generally follow along the present
jetty alignment in an eastward direction paralleling the entrance channel as shown in
the site plan (Figure 3). The eastern end of the jetty extension would cover an existing
concrete bulkhead. The 350 foot extension would consist of a rubblemound structure
with a top elevation equal to that of the main structure, which is +3.5 feet above mean
sea level. The crown of the main part of the structure would be 6 feet wide with an
average base width of about 36 feet. The eastern end would have a crown width of 3
feet and an average base width of 25 feet. The structure would consist of two layers of
stone placed over a geotextile fabric. The outer armor stone would be NCDOT Class 2
rip-rap with individual stones ranging in size from 6 to 14 inches (25 to 250 Ibs.). The
smaller core stone would be 2 to 6 inches in size. The typical sections of the south jetty
extension are shown in figure 3.
2
3.03.02 Intertidal Marsh Creation.
The proposed plan is to create an intertidal marsh in the eroded pocket behind the
jetty extension (Figures 4 and 5). This area, which is approximately 1/4 acre in size,
would be cleared of fallen vegetation and other debris, backfilled with sand to an
elevation equal to mean sea level, graded to promote flushing of the area through the
jetty, and planted with two different types of marsh grass. The marsh grass planting
would consist of approximately 7509 square feet of smooth cordgrass (Spartina
altemaflora) and 3702 square feet of saltmeadow hay (Spartina patens), requiring
approximately 6000 total plants. Planting would take place during the first growing
season after the completion of the jetty construction. The optimal planting period for
smooth cordgrass and saltmeadow hay is March through May, with the end of the
growing season being September 30th. The contractor would be required to guarantee
at least 80% survival through the first growing season.
4.00 ALTERNATIVES.
4.01 Armor the Shoreline.
Armoring the shoreline with rip-rap would result in a sharp right angle near the
present landward end of the jetty. Angles such as these are usually avoided, if
practicable, in design entrance structures since they result in areas of localized scour.
The scour could result in future instability of the structure at this location, requiring
additional rehabilitation. For this reason, armoring the shoreline is not a viable option
for this project.
4.02 Utilize Wave Energy Dissipators.
This alternative would involve placement of geotextile tubing parallel to the shore
to dissipate wave energy and creation of a vegetated shoreline inshore of the
dissipators. Although this alternative may address the erosion problem, temporarily, it
would not provide the level of protection that the proposed alternative should provide or
be as durable.
4.03 Use of Transplanted Emergent Marsh.
Transplanted emergent marsh without some kind of wave dissipator is not a
practicable alternative for this project, as the plants could not withstand the waves (boat
wake) generated by the ferry and other commercial and recreational boats that use
Silver Lake Harbor.
3
4.04 No-Action Alternative.
Failure to implement the proposed plan would allow erosion of the bank to
continue. This would increase the likelihood that the jetty may be flanked along the
southern side during a major storm.
5.00 ENVIRONMENTAL EFFECTS.
5.01 Water Quality.
The North Carolina water quality classification assigned to Silver Lake Harbor is
SC (15A NCAC 213.0316). SC waters are suitable for aquatic life propagation and
survival, fishing, wildlife, and secondary recreation.
A Section 401 Water Quality Certificate (WQC) will be required for the proposed
work. A letter requesting that a Section 401 WQC be issued for this will be sent to the
NCDEM concurrently with this EA. A Section 404(b)(1) Evaluation and Statement of
Findings for this project has been completed and signed and is included as Appendix A.
A Section 404(a) Public Notice for the proposed work will be mailed for comment
and review prior to award of the contract.
Possible pollution sources include point source discharges that may occur in
streams draining into waters adjacent to the project area, leakage from faulty operation
of septic tanks and leaching fields, sewage discharge from commercial and pleasure
boats, and urban and rural runoff. However, waters of this area generally meet the
designated classification. No significant adverse impacts to shellfish waters are
expected to occur as a result of the proposed work.
A slight increase in turbidity in the area of construction may occur; however, this
increase is expected to be minor and temporary. The proposed plan is to build the jetty
extension from the water and- then fill in behind the jetty to create the area of intertidal
marsh. Fill material would come from a commercial source and would be provided by
the contractor. No significant adverse impacts as a result of increased turbidity are
expected to occur.
The proposed project is not expected to produce adverse impacts to groundwater
resources.
5.02 Marine and Estuarine Resources.
The impacts of construction of the jetty extension on marine resources would be
minor and confined to the immediate vicinity of the project and the time frame in which
4
the construction occurred. Approximately 1/2 acre of open water would be impacted by
the project. Of this, 1/4 acre would be converted to an intertidal marsh, while the other
1/4 acre would be covered by the "footprint" of the jetty extension.
Benthic organisms in the area of the marsh creation may be lost, however, some
burrowing up through overburden may occur. It is anticipated that, once established,
the newly created marsh area would act as a source of primary production (energy), as
nursery grounds for sport and commercial fishery species, and as a system for storing
and recycling nutrients. In addition, the marsh would provide habitat for many coastal
species. The marsh may be used by birds, such as herons, rails, shorebirds, migratory
waterfowl, and songbirds. Many species, such as crabs, mussels, clams, and
periwinkles might live in or on the mud surface. Less obvious, but more numerous,
would be annelid and oligochaete worms and insect larvae (Knutson, Allen, Webb,
1990).
Most benthic organisms in the 1 /4 acre that would be covered by the jetty
extension would probably be lost. However, the jetty would provide an attachment
surface for other marine plants and animals, including sea lettuce (Ulva lactuca), hollow
green weeds (Enteromorpha spp.), sea anemone (Bunodosoma cavernata), oysterdrill
(Urosalpinx cinerea), calcareous tube worm (Eupomotus dianthus), red-gilled marphysa
(Marphysa sanguinea), and various crabs and pogychaete worms. Most of these
species would be expected to colonize aqueous and subaqueous portions of the jetty,
maintaining a high overall diversity of marine benthic organisms at the site.
In summary, the proposed project would stabilize the shoreline in the project
vicinity and provide an attachment surface for numerous organisms, thereby, improving
the habitat value of the area.
5.03 Terrestrial Resources.
Impacts to terrestrial resources are expected to be primarily due to the limited
clearing that would be necessary to stabilize the jetty extension. Specifically, the marsh
elder (Iva frutescens) and the wax myrtle (Myrica cerifera) that are present along the
shoreline would be destroyed. However, once the project is completed it is expected
that revegetation would occur.
5.04 Endangered Species.
The proposed work has been reviewed for compliance with the Endangered
Species Act of 1973, as amended. Informal consultation was initiated with the National
Marine Fisheries Service (NMFS) and the USFWS in July 1996. The following list of
endangered (E) and threatened (T) species, which may occur in the project area (Hyde
County) has been obtained from the agencies and evaluated.
5
SPECIES SCIENTIFIC NAME STATUS
American Alligator Alligator mississippiensis T(S/A)
Red Wolf Canis rufus EXP
Piping plover Charadrius melodus T
Red-cockaded woodpecker Picoides Borealis E
Kemp's ridley sea turtle Lepidochelys kempii E
Green sea turtle Chelonia mydas T
Loggerhead sea turtle Caretta caretta T
Hawksbill sea turtle Eretomochelys imbricata E
Leatherback sea turtle Dermochelys coriacea E
Peregrine falcon Falco peregrinus E
Bald eagle Halieetus leucocephalus T
Black rail Laterallus jamaicensis FSC
Manatee Trichechus manatus E
Shortnose sturgeon Acipenser brevirostrom E
Finback whale Balaenoptera physalus E
Humpback whale Megaptera novaeangliae E
Right whale Eubaleana glacialis E
Sei whale Balaenoptera borealis E
Sperm whale Physeter catodon E
Sensitive jointvetch Aeschynomene virginica T
Seabeach amaranth Amaranthus pumilus T
Dune blue curls Trichostema sp.1 FSC
American alligator. The American alligator is listed as threatened due to its
"similarity of appearance" (S/A) to the endangered crocodile; therefore, the
requirements of Section 7 of the Endangered Species Act do not apply.
Red Wolf. The red wolf is an experimental population (EXP) located in Hyde
County. The proposed project would not affect this species.
Piping Plover. The piping plover is a fairly common winter resident along the
beaches of North Carolina from early August to late May and is known to nest in low
numbers in widely scattered locations on North Carolina beaches (Potter et al., 1980).
No piping plover habitat exists in the project area, therefore, no effect to the piping
plover would occur as a result of the project.
Red-cockaded Woodpecker. The red-cockaded woodpecker is a resident of
mature pine forests of the project region. No mature pine forest habitat exists in the
project area, therefore, the red-cockaded woodpecker would not be affected.
6
Sea Turtles. Sea turtles are known to occur in the project area, however, the
proposed activity, jetty construction, is not known to take sea turtles. Therefore, the
project would not affect sea turtles.
Peregrine falcon and bald eagle. The peregrine falcon and bald eagle would be
expected to occur only as migrants or winter residents near the project area. Due to
their mobility, habitat disturbances resulting from the project should not affect these
species.
Black rail. The black rail is a species of special concern (FSC) that usually occurs
in salt marshes amid cordgrasses. The proposed project includes the creation of a
small marsh area that could possibly provide habitat for the black rail. Therefore, the
proposed project would not adversely affect this species.
Manatee. The manatee occurs in both salt and freshwater habitats and has been
found in estuaries in the state. The proposed work is not known to take manatees,
therefore, this species would not be affected.
Shortnose Sturgeon and Whales. There is no historical evidence to indicate that
shortnose sturgeon would occur in the project area. Whales have been documented
from North Carolina in the waters off the coast, outside of the project impact zone
(Cooper et al., 1977).
Seabeach Amaranth and Other Plants. Since no habitat for the listed plant
species, seabeach amaranth or sensitive jointvetch exists in the project area, no effect
on these species is anticipated. According to a representative of the North Carolina
Natural Heritage Program, the only known occurrence of dune blue curls on Ocracoke
Island is near the middle of the island on the ocean side. Therefore, the proposed work
would not impact this species.
5.05 Archaeological/Historical Resources.
Based on initial coordination with the North Carolina State Historic Preservation
Officer, it has been determined that it is unlikely that any archaeological resources,
which may be eligible for inclusion in the National Register of Historic Places, will be
affected by project construction. Should unanticipated archaeological remains be
encountered, they would be evaluated pursuant to Federal agency responsibilities
under Section 106 of the National Historic Preservation Act of 1966, as amended, and
appropriate action taken. The proposed construction site lies within the boundaries of
the Ocracoke Historic District, a property listed on the National Register of Historic
Places. Construction of the jetty may have a visual impact on this property. Since the
purpose of this project is restoration of the previously existing shoreline this visual
impact will be minor. Restoration of the marsh behind the jetty will not induce additional
impacts and there are no anticipated future impacts associated with this project.
7
5.06 Hazardous and Toxic Waste.
During site visits by the Corps of Engineers, the project area was surveyed for
potential hazardous and toxic waste (HTW). No evidence of HTW was found, therefore,
it is not expected that any hazardous and toxic waste sites would be encountered
during construction or maintenance of the subject project.
5.07 Air Quality.
The project is in compliance with Section 176 (c) of the Clean Air Act (CAA), as
amended. The State of North Carolina has designated the project area as an
attainment area. The State of North Carolina has a State Implementation Plan (SIP)
approved or promulgated under Section 110 of the CAA. However, for the following
reasons, a conformity determination is not required:
a. 40 CFR 93.153 (b) of the CFR states: "For Federal actions not covered by
paragraph (a) of this section, a conformity determination is required for each pollutant
where the total of direct and indirect emissions in a nonattainment or maintenance area
caused by a Federal action would equal or exceed any of the rates in paragraphs (b)
(1) or (2) of this section." The area was previously designated by the State of North
Carolina as an attainment area for all pollutants.
b. The direct and indirect emissions from the project fall below the prescribed de
minimus levels (40 CFR 93.153 (c) (1)) and, therefore, no conformity determination
would be required. Construction at the project site would take approximately 1 month.
All construction equipment would be removed from the project site following
construction completion.
c. The project is located within the jurisdiction for air quality of the Washington
Regional Office of the North Carolina Department of Environment, Health, and Natural
Resources. The ambient air quality for Hyde County has been determined to be in
compliance with the National Ambient Air Quality Standards. This project is not
anticipated to create any adverse effect on the air quality of this area.
5.08 Noise.
No significant impacts would occur. The noise level increase in the immediate
vicinity of construction would be temporary.
5.09 Recreation and Aesthetic Resources.
Silver Lake Harbor contains approximately 40 wharves. The majority of these are
used for recreational purposes, however, some are associated with commercial entities,
such as fish houses and ferry slips. Two ferry slips are located in Silver Lake Harbor;
8
the Cedar Island to Ocracoke Ferry and the Swanquarter to Ocracoke Ferry. The
proposed project should improve the aesthetics of the area. Marsh grasses would be
planted along the eroding shoreline and remnants of an old bulkhead would be
replaced with a new jetty, thus making the area more aesthetically pleasing for all users
of the Harbor.
5.10 Relationship to Coastal Zone Management Land Use Plan.
The Hyde County. North Carolina, Coastal Area Management Act (CAMA 1992
Land Use Plan classifies the project area as developed. This designation is for areas
where development will continue through the planning period with "build-out" expected
to occur by the year 2000. Ocracoke Island will require full urban services to
accommodate the following land uses: single and multi-family residential, commercial,
parks and open space, transportation, and community facilities. The proposed action
does not conflict with the land use plan for Hyde County.
Based on the information presented within this EA, the proposed jetty extension
and marsh creation is consistent with the approved Coastal Management Program of
the State of North Carolina and the 1992 Hyde County Land Use Plan. 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.
6.00 COORDINATION.
Representatives from the following agencies were contacted regarding the
proposed action.
U.S. Fish and Wildlife Service
National Marine Fisheries Service
North Carolina Division of Coastal Management
North Carolina Division of Marine Resources
North Carolina Division. of Environmental Management
North Carolina Natural Heritage Program
7.00 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
9
Fifth Coast Guard District
Director, Office of Environmental Compliance, Department of Energy
Director, Office of Environmental Policy and Compliance, USDOI
U.S. Environmental Protection Agency, Region IV
Federal Highway Administration
Forest Service, USDA
Habitat Conservation Division, Beaufort Marine Fisheries Center, NMFS
Office of Ecology and Conservation, NOAA
State Conservationist, Natural Resources Conservation Service, USDA
Energy and Resources Division, U.S. Department of Interior
U.S. Fish and Wildlife Service
HUD, Atlanta Regional Office
State Agencies
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
Duke University
Local Agencies
CAMA Officer, Hyde County
Cape Fear River Research Institute
Cape Fear Community College
Conservation Groups
Center for Environmental Health
Conservation Council of North Carolina
Environmental Defense Fund
American Rivers
National Audubon Society
National Wildlife Federation
North Carolina Coastal Federation
North Carolina Wildlife Federation
Sierra Club
Libraries
Librarian, North Carolina Department of Environment, Health, and
Natural Resources
10
State Library of North Carolina
Randall Library, UNC-Wilmington
UNC-Chapel Hill Library
Joyner Library, East Carolina University
Cape Fear Community College
Elected Officials
Honorable Marc Basnight
Honorable Zeno L. Edwards, Jr.
Honorable Walter B. Jones, Jr.
Honorable Jesse Helms
Honorable Lauch Faircloth
Hyde County Board of Commissioners
County Manager, Hyde County
Town Manager
Mayor
Postmasters
8.00 POINT OF CONTACT.
Any comments or questions regarding this EA should be addressed to Ms. Jenny
Owens, Environmental Resources Section, U.S. Army Corps of Engineers, Wilmington
District, P.O. Box 1890, Wilmington, North Carolina 28402-1890. Telephone contact is
910-251-4757.
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 Natural History, Raleigh, North Carolina.
Hyde County, North Carolina. Land Use Plan, 1992.
Knutson, P. L., Allen, H. H., Webb, J. W. 1990. Technical Report D-90-13, Guidelines
for Vegetative Erosion Control on Wave-Impacted Coastal Dredged Material Sites.
Waterways Experiment Station, Vicksburg, Mississippi.
Potter, E.F., J.F. Parnell, and R. P. Tuelings. 1980. Birds of the Carolinas.
University of North Carolina Press, Chapel Hill.
Silver Lake Harbor, North Carolina, Detailed Project Report, U. S. Army Engineer
District, Wilmington, North Carolina, dated July 9, 1965.
11
10.00 FINDING OF NO SIGNIFICANT IMPACT (FONSO.
The proposed action will not significantly affect the quality of the human
environment; therefore, an Environmental Impact Statement will not be prepared. If this
opinion is upheld following circulation of this EA, a FONSI will be signed and circulated.
12
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ENVZROMWAL SCIENCES BMCH
iCl$ CT : `WE'TI.AISD, STAFF REPORT AND nCOMMENAATIONS
.***EACH ITEM MUST BE ANSWERED (USE NIA FOR NOT APPLICABLE) ERM7 YR: 9!7 PERMIT NO: 0000231 COUNTY: HYDE
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VI
APPENDIX A
SILVER LAKE HARBOR
SOUTH JETTY EXTENSION
HYDE COUNTY, NORTH CAROLINA
EVALUATION OF SECTION 404(b)(1) GUIDELINES
40 CFR 230
SILVER LAKE HARBOR
SOUTH JETTY EXTENSION
HYDE COUNTY, NORTH CAROLINA
EVALUATION OF SECTION 404(b)(1) GUIDELINES
40 CFR 230
Section 404 Public Notice No. CESAW-EP-PE-96-67-0009
1. Review of Compliance (230.10(a)-(1)) 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); YESI-1 NOI_I" 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' YESIXI N0I-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_1 N01_1' YESI X 1 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_I" YESI X I N0I-1
Proceed to Section 2
", 1, 2/ See page 6.
A-(
2. Technical Evaluation Factors (Subparts -F)
Physical and Chemical Characteristics
of the Aquatic Ecosystem (Subpart C)
(1) Substrate impacts.
(2) Suspended particulates/turbidity
impacts.
(3) Water column impacts.
(4) Alteration of current patterns
and water circulation.
(5) Alteration of normal water
fluctuations/hydroperiod.
(6) Alteration of salinity
gradients.
Biological Characteristics of the
Aquatic Ecosystem (Subpart D)
(1) Effect on threatened/endangered
species and their habitat.
(2) Effect on the aquatic food web.
(3) Effect on other wildlife (mammals,
birds, reptiles, and amphibians).
c. Special Aquatic Sites (Subpart E)
(1) Sanctuaries and refuges.
(2) Wetlands.
(3) Mud flats.
(4) Vegetated shallows.
(5) Coral reefs.
(6) Riffle and pool complexes
Not Signifi- Signifi-
N/A cant cant*
I X I I 1
I I X I I
I X I I I
I X I I I
I X I I I
I X I J 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.
Remarks: Where a check is placed under
the significant category, preparer add explanation below.
Proceed to Section 3
*See page 6.
A- Z
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 ............................. I ........I_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_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) ....................................... 1_1
List appropriate references.
Reference: "EA for Silver Lake Harbor, South Jetty Extension, Hyde County, North Carolina," dated February
1997.
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
', 31, see page 6.
A-3
4. Disposal Site Determinations (230.11 -
a. The following factors as appropriate,
have been considered in evaluating the
disposal site.
(1) Depth of water at disposal site ....................................... IXI
(2) Current velocity, direction, and -
variability at disposal site ........................... ................. Ixl
(3) Degree of turbulence .... ......................... ................ IN
(4) Water column stratification ......................... ................. ICI
(5) Discharge vessel speed and _
direction ........................................ ................. IN
(6) Rate of discharge ................................ ................. Ixl
(7) Dredged material characteristics
(constituents, amount and type -
of material, settling velocities) ........................................ Ixl
(8) Number of discharges per unit of -
time ............................................................. Ixl
(9) Other factors affecting rates and
patterns of mixing (specify)
List appropriate references.
Reference: "EA for Silver Lake Harbor, South Jetty Extension, Hyde County, North Carolina," dated February
1997
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 I_I*
5. Actions to M4nimize 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 I_I*
For water quality see Section 5.01 of the EA.
For marine and estuarine resources see Section 5.02 of the EA.
For threatened and endangered species see Section 5.04 of the EA.
Return to section 1 for final stage of compliance review. See also
note 3/. page 3.
*See page 6.
A- 4
6. Factual Determinations (2,30.11).
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 I_I*
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 I_I*
d. Contaminant availability
(review sections 2a, 3, and 4). YES IXI NO I_1*
e. Aquatic ecosystem structure and function YES IXI NO 1-1*
(review sections 2b and c, 3, and 5).
f. Disposal site _
(review sections 2, 4, and 5). YES IXI NO I_I*
g. Cumulative impact on the aquatic
ecosystem. YES IXI NO I-I*
h. Secondary impacts on the aquatic
ecosystem. YE S 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 .......................... ................... 1X1
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 6.
A^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.
C -A
C.E. SHUFORD, JR., P.E.
Acting Chief, Engineering
and Planning Division
Date: Ae 07
Date: N ??! 7
"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."
31 If the dredged or fill material cannot be excluded from individual testing, the "short-form" evaluation process is
inappropriate.
A-G