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HomeMy WebLinkAbout19930740 Ver 1_Complete File_19930722DIVISION OF ENVIRONMENTAL MANAGEMENT 22 July 1993 MEMORANDUM TO: THRU: THRU: (??J - Q FROM: Deborah Sawyer, Environmental Technician A6kC0'tcL4- -'c1 g64A> -? Water Quality Section Division of Environmental Management Washington Regional Office SUBJ: NC DOT Dredging at Hatteras Inlet Dare/Hyde Counties The memorandum dated 15 July 1993 which was sent to Mr. Jim Mulligan has been reviewed by this office. The memorandum made this office aware of the proposed NC DOT proposal to dredge a new channel at the Hatteras Inlet farther inside the throat of the inlet. The NC DOT further proposes to dispose of the dredged material in the water next.to the channel. The present Section 401 Water Quality Certification must be reissued to cover this activity. The following information will be needed in order to review this CAMA Major Modification for recommendations from this office concerning the issuance of the Section 401 Water Quality Certification: 1. Specific information concerning the NC DOT's determination as to this proposed project's "emergency" status. 2. Sieve analyses of sediment samples taken in the new channel area proposed for dredging. These samples should be representative of the proposed depth to be dredged. 3. Resource study determining the presence of SAV, shellfish and fishery resources. 4. Further information supporting the NC DOT's determination that beach and/or upland diked disposal cannot be used as the disposal alternative. Any of the above information which you can forward to this office will be appreciated. We will review the information and submit a recommendation in a timely manner. Thank you. Preston Pate, Assistant Director Division of Coastal Management Jim Mulligan, Regional Supervisor Division of Environmental Management Washington Regional Office Roger K. o uality Supervisor Division of Environmental Management Washington Regional office .W Hatteras Inlet I received a call from Ralph Lawrence, DOT Ferry Division, on 9 July explaining that DOT needs to do some dredging at Hatteras Inlet to connect two natural channels near the tip of Ocracoke Is. to allow them to run the ferries farther inside the throat of the inlet. They now have to swing far out towards the ocean bar to follow the channel and are afraid that this will present a hazard during storm conditions. They need to dredge approx. 1500 linear feet and remove approx. 20,000 cu. yds. of material. They want to use the DOT dredge and dispose of the material in the water next to the channel. They have an active permit for maintenance dredging in other areas of the channel with spoil disposal approved for the beach and upland diked area. They do not want to use these areas because they would have to cross a naturally deep channel to reach them and they do not feel that the can keep the dredge pipe in place due to the current velocity. I met onsite with their dredge superintendent, Morris Grey, on 13 July. We looked at the site by boat but were not able to do any type of resource assessment. He has asked DOT to send me and him a copy of an aerial photo from Dec.,1992 to help determine if there are any SAVs in the area. I advised him that we would treat this as a major modification of their permit. We could expedite it and try to issue it within 45 days since they are considering it as an "emergency". I received a call today from Barney O'Quinn to advise that some of the DOT brass had asked him to get involved and speed the process up. They seem to be most concerned about the time factor. He suggested to them that I continue to work directly with Grey in the short term to identify the resource impacts and other possible problems. The major concern will be SAV resources in the area and how impacts to them can be avoided. They will need to modify both our permits and probably their 401 certification. By copy of this memo I am advising DEM of that possibility. Page 2 July 15, 1993 I have not yet received the aerial photo. When it arrives I will contact Grey and advise him of the next step. cc: Roger Schecter David Griffin John Parker Jim Mulligan Q . ? • To: John Dorney Planning Branch DIVISION OF ENVIRONMENTAL MANAGEMENT CAMA/COE PERMIT APPLICATION REVIEW MITIGATION SIZE: RATING SHEET ATTACHED? RECOMMENDATION: ISSUE ISSUE/COND DENY HOLD PEN OR ' :LOSFn• WL IMPACj.Iq WL TYPE: WL REQUESTED: WL ACR EST: HYDRO CNECT?: WL SCORE: MITIGATION: MITIGATION TYPE: COE #: DOT 9: RCD FROM CIA: DCH DATE FRO11 CDA: 7 /2- REG OFFICE: WaRO RIVFR AND Stiff} W IR 9.) /4 S STREAM OR ADJACENT WATER BODY: l?Ia ?? cP- ? • S-.-.r11 CISS: S STREAM INDEX 9: 3U-. Z2- 33 _.. 4'AT?R DI±ALI i' WaRO PROJECT 7,3- tiQ SUPERVISOR: THORP7 REVIEWER: SAWYER DATE: g?j g WETLAND INFORMATION FOR CENTRAL OFFICE TRACK12IG PERMIT YR: 92 PERMIT :0.: COUNTY: 00-- PROJECT NAME: /ve z:>O i PROJECT TYPE: P'La r^ PERMIT TYPE: (!WCOE STORMWATER PLAN REQ'D• IF YES, DATE APPROVED: PROJECT DESCRIPTION: R?? , Q 35 p? ?XlUV? Y-?? TYPE OF DISPOSAL PROPOSED: /1 !q- WATER QUALM CERT. (401) CERT. REQ'D: IF YES, TYPE: SEWAGE DISPOSAL (EXISTING, PROPOSED, SEPTIC TANK ETC.) TO BE PERMITTED BY: (DEM, DHS, COUNTY) IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE: WATER/WETLAND FILL AREA OF FILL: WATER: 3. `?`?QC- • WETLAND: -` U IS FILL ELIMINATING A SIGNIFICANT USE? DREDGING c? AREA TO BE DREDGED : 8. D ?( (3G IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF RESOURCE? IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? 7 MARINA ARE THE FOLLOWING ADEQUATELY ADDRESSED? SEWAGE DISPOSAL: MARINA SERVICES: OXYGEN IN BASIN: CLOSURE OF SHELLFISHING WATERS: CC: WaRO; Central Files; DCM Field Offices; ODE Washington Office • r ? DIVISION OF ENVIAON?ENTAL MANAGEMENT MEMORANDUM • TO: Bill Moore, Environmental Engineer Water Quality Section, WaRO FROM: Deborah Sawyer, Environmental Technician Water Quality Section, WaRO SUBJECT: Dredge and Fill Reviews for Stormwater Review Project: "9D t )T' : Project No.: :15 3 O S-6 - ?- Date Received: F;n4lt Date Comment: r Description of Project: Sew Comments: State of North Carolina Department of Envlronment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary July 28, 1993 DECEIVED WASHINGTON OFFICE 11 1M JUL 29 MEMORANDUM TO: Mr. A. Preston Howard, Director Division of Environmental Management FROM: John R. Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: NCDOT - Ferry Division Project Location: Hatteras Inlet, Hatteras, Dare County Proposed Project: Excavate a 3500 ft. x 100 ft. x -12 ft. ferry channel across Hatteras Inlet and place the dredge spoil material in the adjacent shallow water. Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 18, 1993. If you have any questions regarding the proposed project, please contact Peter B. Colwell at (919) 264-3901. When appropriate, in-depth comments with supporting data is requested. REPLY This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Signed Date F-1 F= P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal Opportunity Affirmative Action Employer 5076 recycled/ 101 post-consumer paper DIVISION OF COASTAL MANAGI NIENT FIELD INVESTIGATION REPORT 1. APPLICANTS NAME: NCDOT - Ferry Division 2. LOCATION OF PROJECT SITE: Hatteras Inlet, Hatteras, Dare County Photo Index - 1989: Not Available 1984: Not Available State Plane Coordinates - X: 2967400 Y: 543600 .1. INVESTIGA'T'ION TYPE: CANIA/D&F It. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 07/13/93 by Preston Pate Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received - July 23, 1993 Office - Elizabeth City /i. SITE DESCRIPTION: (A) Local Land Use Plan - Dare and Hyde Land Classification From LUP - Conservation (B) AEC(s) Involved: PT, EW (C) Water Dependent: Yes (D) Intended Use: Public (E) Wastewater Treatment: Existing - None Planned - None (F) Type of Structures: Existing - None Planned - None (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREAJ DREDGED FILLED nT14PR (A) Vegetated Wetlands (B) Non-Vegetated Wetlands SI»llow Water Bottom (SB) 350,000 sq. ft. 150,000 sq. ft. (C) Other (0) Total Area Disturbed: 500,000 sq. ft. (11.5 acres) (E) Primary Nursery Area: No (F) Water Classification: SA Open: Yes 8. PROJECT SUMMARY: Applicant proposes to excavate a 3500 ft. x 100 ft. x -12 ft. ferry channel across Hatteras Inlet and place the dredge spoil material in the adjacent shallow water. NCDOT - Ferry Division Bio Report Page Two Site Description The North Carolina Department of Transportation Ferry Division provides public ferry service across Hatteras Inlet as one of only two means of public access to Ocracoke Island. Ferry traffic during the summer months reaches a peak of departures about every 15 minutes. Since Hatteras Inlet has no federally maintained channel, the Ferry Division has maintained the access channels between the two ferry terminals. State Permit #162-77 covered the maintenance excavation needs until 1987 when State Permit #224-87 was issued to update the maintenance project around Hatteras Inlet. Both permits have undergone modifications, refinements, and renewals to authorize changes in spoil disposal areas and the continued maintenance of the ferry channel. 'File current permit authorizes excavation of the ferry basins and access channels to a depth of 12 feet below mean low water and a channel width of 100 ft. The basin and channel on the Hatteras Island side have remained fairly stable while the channel across the inlet and on the Ocracoke Island side has shifted and needed maintenance over the last two years. Three dredge spoil disposal areas have been approved on the northeast end of Ocracoke Island. The primary area is the large diked area just west of the ferry basin. Limited disposal has also been allowed on the estuarine beach at the end of the ferry access loop road and on the ocean beach at the northeast end of Ocracoke Island. The most recent dredge work was completed in April 1992. A sand shoal developing on the inside of the inlet has now forced ferry traffic further out into the inlet. The Ferry Division is concerned that with the existing situation ferry service would have to be terminated early on with the approach of a coastal storm, shutting off a major evacuation route for Ocracoke Island. The Division has proposed to relocate the ferry channel on the inland side of the shoal approximately 3000 ft. north of the current route across the inlet. A December 1992 aerial photo shows a natural channel starting on the Hatteras Island side and passing between an old dredge spoil island and the sand shoal before fading out on the Ocracoke side. The NC DOT Ferry Division has proposed a major modification of State Permit #224- 87 to excavate approximately 1100 ft. of new channel from the Ocracoke side across the shoal to the existing natural channel. The new ferry channel across the inlet, 3500 ft. in total length would be maintained at a depth of 12 ft. and width of 100 R. According to the applicant water depths in the proposed channel area shallow to -3 ft. before dropping off to 10 ft. in the natural channel. Approximately 40,000 cubic yards of sand will be excavated and disposed by pumping it overboard onto the sand shoal in several unconfined areas adjacent to the proposed ferry channel. The work would be done by the State's hydraulic dredge. Because of the distances involved and the strong inlet currents, the applicant feels that it is not possible to pipe the spoil material back to previously authorized spoil disposal areas. NCDOT - Ferry Division $io Report Page Three Anticipated lmnacts The dredging would disturb approximately 8 acres of shallow water bottom habitat in a very dynamic area of shifting sands around the inlet. Another 3.5 acres of shallow water bottom adjacent to the channel would be made shallower with the open water disposal of the dredge spoil material. From the December 1992 aerial photos and a site visit by Preston Pate there appears to be no submerged aquatic vegetation (SAV) in the immediate project area. The shifting sands and strong currents within the inlet are not particularly conducive to the growth of SAVs. There are some areas of SAVs on the inland side of the old dredge spoil island and in the shallow estuarine waters immediately behind Ocracoke Island. The open water disposal will increase turbidity within the inlet during dredge operations. The sand spoil material will be quickly reworked by the inlet currents. Environmentally, if the dredging and open water disposal proposed here is done during the time of lowest biological activity in the inlet, it should be of no greater impact than the side cast dredging done in Oregon Inlet on a regular basis. The proposed relocation of the channel should allow ferry service to continue during the early stages of a major storm event, providing a valuable transportation link for Ocracoke Island. CAMA Review The estuarine waters and shallow bottom habitat to be impacted by the project are classified as conservation in both the Dare County and Hyde County LUPs. A full review will follow. Submitted by: Peter 13. Colwell Date: July 27, 1993 Please type or print. Carefully describe all an- ticipated development activities, including construc- tion, exrivation, filling, paving, land clearing, and stormwarer control. If the requested information is not relevint to your project, write N/A (not ap- plicable). Items 1-4 and 8-9 must be completed for all projcrts. 1 'APPLICANT 1. Name NCDOT - FERRY DIVISION Ad(lress 113 ARENDELL ST. City MOREHI"AD CITY State NC Zip _._28557 Day phone 726-6446 _ ._ Landowner or X Authorized agent 6. Project name (if any HA'ITERAS LNLE1' FFI"RY 0I'E1NIRM, AI)1)11T(VAL IxtFI)GB PIAIN11NAWE c. If tlic applicant is not the landowner, also give the owner's name and address. CAPE HATTERAS NAT'L SEASHORE PARK -TTAfITLO, NC 27954 -I'I;RMIT ATTACHED) 2. LOCATION OF PROPOSED PROJECT a. Street address or secondary road number NC-12 b. City, town community, or landmark HA I"I'ERAS & NORIIIIIID OCTAOJKE ISLAND c. County IIYDE DARE Is proposed work within city limits or planning jurisdiction? NO p. Name of body of water nearest ro ect PAI ILICO SOUND / IIATI'ERASp INLET 3 DESCRIPTION AND PLANNED, _ USE. OF PROPOSED PROJECT d. Describe the planned use of the project. MAINTAIN CLEAR AND SAFE CIIANNEL FOR lIU13LIC FERRY SERVICE. LAND .-AND WATER -,r;,, (yam CHARACTERISTICS a. Size of entire tract 27.4 AC b. Size of individual lot(s) 24.8 & 2.6 c. Elevation of tract above mean sea level S of Na- tional Geodetic Vertical Datum d. Soil type(s) and texture(s) of tract SAND e. Vegetation on tract SPARSE VEGETATTON f. Man-made features now on tract FERRY TERMINAL BUILDING g. What is the CAMA Land Use Plan Classifica- tion of the site? (Consult the local land use plan.) Conservation Transitional Developed Community Rural Other h. How is the tract zoned by local government? NOT ZONED i. How are adjacent waters classified? j. Has a professional archaeological survey been carried out for the tract? YES If so, by whom? WZEl1'A LAUI'ZEN11F.TSFR r, 5 'UPLAND DEVELOPMENT{ Complete this section if the project includes any upland development. a. Type and number of build s,'facilitlesi or structures proposed b. d. Describe all development activities you propose c. (for example, building a home, motel, marina, bulkhead, or ppier). WV & tLUNI'AIN 1100' QIANNII. 10 NW EXISTING d. C11r1NN11 'HiAT 1MLD ALI1Jid 11iE FERRIES SAM MSA(I DURING ADVERSE IM10. C'FIVED e. If you plan to build a marina, also complete and attach Form DCM-MP-2. 6'93 ?. Is the proposed activity maintenance of an ex- istiTiV project, new work, or both? T.z.'A _ I30II I C: Will the project be for commun iv r p commercial use? U 111111,IC FERRY SERVICE lilt 1993 . r?uu?r Number of lots or parcels NIA Density (Give the number of residential units and the units per acre.) Size of area to be graded or disturbed If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimen- tation control plan at least 30 days before land disturbing activity begins. If applicable, has a sedimentation and erosion control plan been submitted to the e Division of Land Resourcest Give the percentage of the tract within 75 feet of mean high water to be covered by im- permeable surfaces, such as pavement, buildings, or rooftops. N/A g. List the materials, such as marl, paver stone, b. Amount of material to be excavate cMroi asph-4t, or concrete, to be used for paved f CI tST below water level in cubic yards surfaces. N/A c. Type of material SAND/CiIANNELS l - if l h d. Does the area to be excavated inc ludi,ptsh- ir api? ica le, has a stormwater management laid, swains/ or other wetlands. - plan peen submitted to the Divisiat of En- N/A ' e. High ground excavation, in cubi' yt G N ?A vironnrental Managerneht? f. A Dimensions of spoil dis osal are ' 1: Describe proposed sewage disposal and/or waste g• p 12-5 X f spoil disposal area4W' I- ) Ai'A lS water treatment facilities. N/A n - h. Do you claim title to the disposal ateat J: Have these facilities received state or local if not, attach a letter granting permisilbti hotti approval?- N/A the owner. AI'1'A(lli7) k. Describe existing t3ea ment facilities. i 1. Will a disposal area be available fof 1•utute - - maintenance?/ US - ME SHE -- If so, where? J. Does the disposal area include any ttimslilatid, 1. Desctibe location and type of discharges to swamoland,'or water areas? yI? watet4 of the state (for example;-surface runoff, k. Will the fill material be placed below intdti sanitary wastewater, industrial/eonttnerclal high .water? YID ; s- effbwnt, or "wash down"). N/A 1. Amount of fill in cubic yardsl 4(1411 Yti' -- m. Type of fill material SAND % h. Source of fill material A17'hUA(11 (IMFt-- rd. Water supply source N/A _ o. Will fill material be placed on marsh of other n, If the project is oceanfront development, wetlands? i" descrihe the steps that will be taken to main- p. Dimensions of the wetland to be fill6d Fain established public beach accessways or pro- y. How will excavated or fill rnateria be kept on vide new access. N/A ? site and erosion controlled? II A --- IN WA'[l?R lRvtJT-XJI' NF7) ?1A'11.7 1Al 8, if the project is on the oceanfront, what will be the elevation above mean sea level of the first habitable floor? N/A 5 EXCAVATION AND FILL INFORhIATION d. Describe below the purpose of proposed excava. tion or fill activities (excluding bulkheads, whi(h are covered In Section 7). Access channel (MI-W) or (NWL) Boat basin Other (break- water, pier, boat tamp, rock jetty) Fill placed in wetland or below MI (`V Uplind fill areas 4 t. What type of cotistruction equipment will be+ Used (for example, dta line, backhoer iii hydraulic dredge)? h'IMALM; MUM S. Will wetlands be crossed in transpotting equip. tnent to the project site? If yes; explain the steps that will be taken to les fi eti- virohmental impacts. 7 SHORELINE STABILIZATION a. Length of bulkhead or riprap N/A b. Average distance *atenvard of m dti high watt or normal water level EI?A c. Shoreline erosion duritivreceding 12 hiohths, in feet 11 // d. ,Type of bulkhead material E. Aitto(,nt of fill, in cubic yards, to be placed below 'rn ?an high water N/A f. T? e of fill material N/A 2 Length Width Depth 8 Y t1 ODITIONAIJNFORMATION In addition to the completed application form, the following; items must be submitted: A copy of the deed (with state application only) or other instnrrnent under which the applicant claims title to the affected property. If the applicant is not claiming to be the owner of said property, then for- ward a copy of the deed or other instrument under which the owner claims title, plus written permis- sion from the owner to carry out the project. An accurate work plat (including plan view and cross sectional drawings) drawn to scale in black ink on 8 Yz x 1l white paper. (Refer to Coastal Resources Commission Rule 7).0203 for a detailed description.) Please note that original drawings are preferred and only Iticli quality copies will be accepted. Blue-line prints or otlier larger plats are acceptable only if 16 high quality copies are provided by the applicant. (Contact the U.S. Army Corps of Engineers regard- ing that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency per- sonnel unfamiliar with the area to the site. Include county road (SR) numbers, landmarks, and the like. A storrnwater management plan, if applicable, that may lunve been developed in consultation with the Division of Environmental Management. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners. These Individuals have 30 days in which to submit com- ments on the proposed project to the Division of Coastal Management. The applicant must advise the adjacent landowners of this opportunity by sen- ding a copy of the permit application to them by registered or certified mail. This notification is re- quired by G.S. 113-229(d). Narne CAPE HATIERAS NA'I'L SEVUZE PARK .. Address 11,1' # 1, I30X 675 I MI11D, NC 27954 Name _ Address Name _ Address A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. FEU # SAWC087-N-028-W5 Sl'A'IE # 224-87 11-2(}-87 A check for $100 made payable to the Depart- ment of Natural Resources and Community Development to cover the costs of processing the application. A signed AEC hazard notice for projects in ocean- front and inlet areas. A statement on the use of public funds. If the project involves the expenditure of public funds, at- tach a statement documenting compliance with the North Carolina Environmental Policy Act (N.C.G.S. 113A-1 to 10). 9 CERTIFICATION AND PERMIS: SION TO ENTER ON Any permit issued in response to this application will allow only the development described in the application. The project will be subject to condi- tions and restrictions contained in the permit. I certify that to the best of my knowledge, the pro- posed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. I further certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit ap- plication and follow-up monitoring of project. This is the 22ND day of JULY 19 93 X Lando er or Authorize agent Send the completed application materials to the Division of Coastal Management Office nearest you and the U.S. Army Corps of Engineers. See the map on the inside front cover for the appropriate office and addresses and phone number. J,! P; i. ,111 2 3 1993 • s- -r -?-.- -U L Ll l`_ ..................... ¦.c7 wr• 3 0 c? t) ?J U r\ ? n ?o fri b V) O r? 'i :tj p a' ?r ?+ o U ? /-r re ? n N Q-- Q ? m IN D a z a O p n PO I. 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D E? ? /.I A 1 1 _ I M W 1 ` 1, 1\. 11 ` 111 1` 1 1 1 1 . ,1 1 1 ` 1 N M (! N e,clq ,??c F= S (3 -Lill I-T JUL 2 3 1993 i \ ?X f STI NG gotfoM 4 N C. I). c) tt , UAKE - E-tydc Cos. MA",vfeN4AICE are4g l vg JOIJ ?Xis?-INS ? ?'+oM ul) csx t' N 1 r p ?? r 5.. a r n L q _ c 1 i- 2 123 f'1 ?t` ?n . S/f? .1 r ?, jaA O``, ?? r,- ?l\ ` $W V \ 3 ?JOp ;`-• 23 ?1, 1 ` . \ ? ¢' (ft 1 `LLL /.. ?l ^ ,1 r t? V?,? ? s /g I i.• c t a,. t ( ; is 'pk ;u ;) 1 \. / _4 /? I I- r tr Ali?d?l?r./2ns. - . 1 j o_ ryl --s . 7i Ll-J -4 Ra , CIA ,ttRtAnorall Mill ISIAX.3 - r1l f JUL 2 3 1993 JUL 2 G '93 ?CSLU L7[? it, Lc ,u ti State of North Carolina Department of Environment, Health and Natural Resources i Q ° v Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, , Secretary A. Preston Howard, Jr., P.E., Director September 1, 1993 Mr. M. Gray Ferry Division N.C. Department of Transportation 113 Arendell Street Morehead City, N.C. 28557 Dear Mr. Gray: Subject: Certification Pursuant to Section 401 of the Federal Clean Water Act, Proposed Hatteras Inlet dredge Project # 93740 COE # 199303591 Dare/Hyde County Attached hereto is a copy of Certification No. 2844 issued to N.C. Department of Transporation dated September 1, 1993. If we can be of further assistance, do not hesitate to contact us. Sincerely, qi ?restah Howar , Jr. P.E. ector Attachments 93740.1tr cc: Wilmington District Corps of Engineers Corps of Engineers Washington Field Office Washington DEM Regional Office Mr. John Dorney Mr. John Parker, Division of Coastal Management Central Files P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 5096 recycled/ 10`)6 post-consumer paper NORTH CAROLINA Dare/Hyde County 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 Environmental Management Regulations in 15 NCAC 2H, Section .0500 for the N.C. Department of Transporation to excavate a 3500 by 100 by 12 foot deep ferry channel using sidecast dredging in Dare/Hyde Counties pursuant to an application filed on the 29th day of July, 1993. The Application provides adequate assurance that the discharge of fill material into the waters of Hatteras Inlet and Pamlico Sound in conjunction with the proposed dredging in Dare/Hyde Counties 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 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. Condition(s) of Certification: 1. That the activity be conducted in such a manner as to prevent significant increase in turbidity outside the area of construction or construction related discharge (increases such that the turbidity in the stream is 25 NTU's or less are not considered significant). Violations of any condition herein set forth shall result in revocation of this Certification. This Certification shall become null and void unless the above conditions are made conditions of the Federal or Coastal Area Management Act Permit. If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) 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. Unless such demands are made, this Certification shall be final and binding. This the 1st day of September, 1993. DIVISION OF ENVIRONMENTAL MANAGEMENT li _ )? Z ? reston H ward, r. P.E. 'O -r ctor WQC# 2844 . - ,, DEPARTMENT OF THE ARMY t WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 J WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO August 5, 1993 Regulatory Branch Action ID No. 199303591 Mr. John Dorney Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 29535 Raleigh, North Carolina 27626-0535 Dear Mr. Dorney: 91993 ViETL ii DS Enclosed is the application of the North Carolina Department of Transportation, Ferry Division, for Department of the Army authorization and a State Water Quality Certification to maintain a ferry channel with open water disposal of excavated material on Pamlico Sound, Hatteras Inlet, Hyde and Dare Counties, North Carolina. Your receipt of this letter verifies your acceptance of a valid request for certification in accordance with Section 325.2(b)(ii) of our administrative' regulations. We are considering authorizing the proposed activity pursuant to Section 404 of the Clean Water Act, and we have determined that a water quality certification is required under the provisions of Section 401 of the same law. A Department of the Army permit will not be granted until the certification has been obtained or waived. In accordance with our administrative regulations, in most cases, 60 days after receipt of a request for certification is a reasonable time for State action. Therefore, if you have not acted on the request, or asked for an extension of time, by October 5, 1993, the District Engineer will deem that waiver has occurred. Questions or comments may be addressed to Mr. Raleigh Bland, Washington Field Office, Regulatory Branch, telephone (919) 975-3694. Sincerely, l e Wright Chief, Regulatory Branch Enclosure r -2- Copies Furnished (without enclosure): Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. David Griffin Elizabeth City Regional Office North Carolina Division of Coastal Management 1367 U.S. 17 South Elizabeth City, North Carolina 27909 '¢'I'r Please type or. print. Carefully describe all an- I • A tic;ipated,development activities, including construc- ticn, excavation, filling, paving, land clearing, and stormwater control. If the requested information is not relevant to your project, write N/A (not ap- plicable). Items 1-4 and 8-9 must be completed for all projects. Describe the planned use of the project. MAINTAIN CLEAR AND SAFE CHANNEL FOR PUBLIC FERRY SERVICE. 1.!APPLICANT -" .: a. b. C. Name NCDOT - FERRY DIVISION Address 113 ARENDELL ST. City MOREHEAD CITY State NC Zip 28557 Day phone 726-6446 Landowner or X Authorized agent Project name (if any) HATTERAS INLET FLRRY OI'ERAITCNS, ADDTITCNAL DREDGE MATNfFNANCE If the applicant is not the landowner, also give the owner's name and address. CAPE HATT'ERAS NAT'L SEASHORE PARK _ffA_NTE_-_0, NC 27954 (PERMI'T' ATTACHED) 2 LOCATION OF PROPOSED PROJECT a. Street address or secondary road number NC - 12 b. Cittyy'' town community, or?la=ar?J@ IiATT'ERAS? & NORTI c. County HYDE DARE d. Is proposed work within city limits or planning jurisdiction? NO e. Name of body of water nearest pro et PAMLICO SOUND / HATTERAS INLcET 3 DESCRIPTION AND PLANNED, USE OF PROPOSED PROJECT -LAND AND v ATE__ = -' -:-CHARACTERISTICS'- a. Size of entire tract 27.4 AC b. Size of individual lot(s) 24.8 & 2.6 c. Elevation of tract above mean sea level of Na- tional Geodetic Vertical Datum 4.5 d. Soil type(s) and texture(s) of tract SAND e. Vegetation on tract SPARSE VECETATTON f. Man-made features now on tract FERRY TERMINAL BUILDING g. What is the CAMA Land Use Plari Classifica- tion of the site? (Consult the local Bird use plan.) Conservation Transitional Developed Community Rural Othet h. How is the tract zoned by local goveriiriientl NOT ZONED 1. How are adjacent waters classified) J. Has a professional archaeological survey b6eri carried out for the tract? YES If to, by whom) LUMA LAUTZEMOSM STAFF - ARCHABDIM.Tsr. W, S " UPL ??? AND DEVELO }~? Complete this section if the project includes any upland development. a. Type and number of buildirgs,'facijities; or A structures proposed // _ 11 b. a. Describe all development activities you propose c. (for example, building a home, motel, marina, bulkhead, or vier). COI' & WwAiN 1100 QIANNEL TO NB4 EXISTING d. CI TANNIC 'llTAT UM AU[ 94 THE FERRIES SAFER PASSAGE DURING AWERSE WEATHER. ??F1VED e,' If you plan to build a marina, also complete and attach Form DCM-MP-2. G '93 b. Is the proposed activity maintenance of an ex- isting project, new work, or bothl ca DLTIlI ..?, Jar c. Will the project be for commun iv commercial use? U PUBLIC FERRY SERVICE ?g93, Number of lots or parcels N/A Density (Give the number of resid6ntial tlnlts and the units per acre.) Size of area to be graded or disturbed 2 !A If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimen- tation control plan at least 30 days before land disturbing activity begins. If applicable, has a sedimentation and erosion control plan been submitted to N/ the of Land Resouices? Give the percentage of the tract within 75 feet of mean high water to be covered by Im- permeable surfaces, such as pavement, buildings, or rooftops. NAA ....r ........................ g. List the triaterials, such a3 marl, paver stone, asphalt, or concrete, to be Used for paved + surfaces. N/A h. If applicable, has a Stottnwater management plan been submitted to the Division of Eti- 'vironmental ManagemEht?_ NIA 1. Describe proposed sewage disposal and/or waste water treatment facilities. NIA j. Have these facilities r ttived state or local approval? k. Describe existing c;ea tritnt facilities. 1. Describe location and type of discharges to waters of the state (for i'xamplersurface runoff, sanitary wastewater, industrial/commercial effluent, or "wash down"). N/A m. Water supply source N/A .n. If the project is oceanfront development, describe the steps that *111 be taken to main- tain established public beach ccessways or pro- vide new access. N/A o. If the project is on the titeanfront, what will be the elevation above lnean sea level of the first habitable flood N/A 6 EXCAVATION AND FILL INFORMATION a. Describe below the pdipose of proposed excava- tion or fill activities (excluding bulkheads, which are covered In Section 7). Length Width Depth Access channel VALW) or (NWL) Boat basin Other (break- water, pier, boat ramp, rock jetty) Fill placed , in wetland or. below MHW Upland fill areas 350U? 1()0' -12 1200' 125' r b. Amotint of material to be excavat?? beld* water level in cubic yards - "i - t. Type of material SAND/CIIANNELS......, d. 0o8 the area to be excavated IncladWfiltslatid, swamps, or other wetlands[ • -- e. High ground excavation, 1h tubi?•??t?ICV N A- f. Dimensions of spoil disposal are n t-mul g. Lo wa" spoil disposal area ') h. Do you claim title to the disposal dfedl If not, attach a letter granting perittUdi1 ftobt the owner. AITA(Iff]) L Will a disposal area be available foe fuidte iii5intenance?/ YD'S - St1?iF: SI'iF. If so, where? J. Does the disposal area Include any ttiatshlahd, s%ramoland,'or water areas? YES k. Will the fill iriatetial be placed below tntatl high-water? YES iS (. Amount of fill in cubic yards 140,flM ' m. Type of fill material SAM) h. Source of fill material AI'f'fUA(1{ (.WM o. Will fill material be placed on match a othtt wetlands? Ib p. Dimensions of the wetland to be filled q. How will excavated or fill materht) 6 kept oh Site and erosion controlled? 111A IN VVII:R CiyCI IFIRIED MNIFRIAI f. What type of construction equipmeht Will bd Used (for example, dr&apline, backltdlr, bt hydraulic dredge)? I(Y?RAUL.IC LEM, . s. Will wetlands be crossed in transpatting equip- fttent to the project site? If yea; expldlti the steps that will be taken to lesmfi eti- virohmental Impacts. . S?IORELINE STAWLIZATION a. Length of bulkhead or riprap NSA . b. Average distance ibaterward of mG'aH high wttt or normal water level N/ 1, E. Shofeline erosion during preceding if hibhthl, Iti feet NI d. .'t'ype of bblkhead material II/A C Ahibitnt of fill, in cubic aids, td bt akited below 'moan high water _Y N/A . f: t?? of fill material N/A I i `S;- A D1TIONA _ RMATION :' In addition to the completed application form, the following items must be submitted: A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected property. If the applicant is not claiming to be the owner of said property, then for- ward a copy of the deed or other instrument under which the owner claims title, plus written permis- sion from the owner to carry out the project. An accurate work plat (including plan view and cross sectional drawings) drawn to scale in black ink on 8 Vz x 11 white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue-line prints or other larger plats are acceptable only if 16 high quality copies are provided by the applicant. (Contact the U.S. Army Corps of Engineers regard- ing that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency per- sonnel unfamiliar with the area to the site: Include county road (SR) numbers, landmarks, and the like. A stormwater management plan, if applicable, that may have been developed in consultation with the Division of Environmental Management. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners. These individuals have 30 days in which to submit com- ments on the proposed project to the Division of Coastal Management. The applicant must advise the adjacent landowners of this opportunity by sen- ding a copy of the permit application to them by registered or certified mail. This notification is re- quired by G.S. 113-229(d). Name CAPE iiATIUM NAVL SFASIM PARK Address RT # 1, BOX 675 MB), NC 27954 A list of previous state or federal petmit3 Issued for work on the project tract. Include permit numbers, permittee, and issuing dates. FM # SAWC087-N-028-0435 STATE # 224-87 11-20-87 A check for $100 made payable to the Depart- ment of Natural Resources and Community Development to cover the costs of processing the application. A signed AEC hazard notice for projects in ocean- front and inlet areas. A statement-on the use of public funds. If the project involves the expenditure of public funds, at- tach a statement documenting compliance with the North Carolina Environmental Policy Act (N.C.G.S. 113A-1 to 10). 9 CERTIFICATION AND 10ERMISz SION TO ENTER ON Any permit issued in response to this application will allow only the development described in the application. The project will be subject to condi- tions and restrictions contained in the permit. I certify that to the best of my knowledge, the pro- posed activity complies with the Staid of North Carolina's approved Coastal Management program and will be conducted in a manner cphsWent with such program. I further certify that I am authorized to grant, and do iri fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit ap- plication and follow-up monitoring of project. This is the 22ND day of JULY , 19__23 X Lando er or Authorize agent Name Send the completed application materials to the Address Division of Coastal Management Office neatest you and the U.S. Army Corps of Engineers. See the Name map on the inside front cover for the appropriate Address office and addresses and phone number. JU 2 3.1993 K5LiLrU- - ,1111 2 6 .. ................ .......? , 3 1n ?_ r lzj q ?? 1 CA 0 0 IN t -h N 4 a m -c--3 v S PO s \ rro ? b O w ? _ b r? -J RECEIVED JUL 2 3 1 ?. 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NG I??O,°OSEJ7 MA 1 N ?.e?A NC ?--- - Sa Nd -BOTTOM a LI 1 LI11?L111 TXis1INg 80 f 40nn 0 JUl 2 6 '93' JUL u 9 1993 IV -C, OT - DA RE - NyJE MAI' ,vle,14 AIc-E t.luly 1`95 --- `? 3- of 4-.--- Cps predg i,v9 S = ?, Yy .ml T /(1 .a vV1 I. w - TV w ? 33 ?( 1y.1 e o A - I as ?- ?) 23 d i I'I' _ ? %-.w _. Z ?. / ? 1'1 - w ate( -- .w A .. S? E3 ? .D . ? , r ? rD =n ? 1 n r ? ? 70 = si L., rg - ?y+ ` $ b < ? nl inky*a t y _ 1 -4 „ ail/` .? ?--' ?(t• - ?? r 3 r: o ?r 1,4 74 :yj "As m3 L 2 ( :Y -44 C?- I It v1 •. I ? _?"' #t ti?,,x„s.+tc+lAnoi?Al Al! .•. I Jf'?S1t, ,?? T I1_ JUL 219Q JUL '2 6 '9.., t • ' DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT I. APPLICANT'S NAME: NCDOT - Ferry Division 2. LOCATION OF PROJECT SITE: Hatteras Inlet, Hatteras, Dare County Photo Index - 1989: Not Available 1984: Not Available State Plane Coordinates - X: 2967400 Y: 543600 3. INVES'T'IGATION TYPE: CAMA/D&F IIIATE!i ev,,' it. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 07/13/93 by Preston Pate Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received - July 23, 1993 Office - Elizabeth City 6. SITE DI:-SCRIPTION: (A) Local Land Use Plan - Dare and Hyde Land Classification From LUP - Conservation (13) AEC(s) Involved: PT, EW ((_') Water Dependent: Yes (D) Intended Use: Public (E) Wastewater Treatment: Existing - None Planned - None (I-) Type of Structures: Existing - None Planned - None ((i) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (I3) Non-Vegetated Wetlands 1350,000 sq. ft. 150,000 sq. ft. Shallow Water Bottom (SB) (C) Other (1)) Total Area Disturbed: 500,000 sq. ft. (11.5 acres) W) Primary Nursery Area: No (I--) Water Classification: SA Open: Yes S. t'P()JECT SUMMARY: Applicant proposes to excavate a 3500 ft. x 100 ft. x -12 ft. ferry channel across Hattcras Inlet and place the dredge spoil material in the adjacent shallow water. NCDO'T - Ferry Division Bio Report Page Two Site Description The North Carolina Department of Transportation Ferry Division provides public ferry service across Hatteras Inlet as one of only two means of public access to Ocracoke Island. Ferry traffic during the summer months reaches a peak of departures about every 15 minutes. Since Hatteras Inlet has no federally maintained channel, the Ferry Division has maintained the access channels between the two ferry terminals. State Permit t#162-77 covered the maintenance excavation needs until 1987 when State Permit #1224-87 was issued to update the maintenance project around Hatteras Inlet. Both permits have undergone modifications, refinements, and renewals to authorize changes in spoil disposal areas and the continued maintenance of the ferry channel. The current permit authorizes excavation of the ferry basins and access channels to a depth of 12 feet below mean low water and a channel width of 100 ft. The basin and channel on the Hatteras island s,de have remained fairly stable while the channel across the inlet and on the Ocracoke Island side has shifted and needed maintenance over the last two years. Three dredge spoil disposal areas have been approved on the northeast end of Ocracoke Island. The primary area is the large diked area just west of the ferry basin. Limited disposal has also been allowed on the estuarine beach at the end of the ferry access loop road and on the ocean beach at the northeast end of Ocracoke Island. The most recent dredge work was completed in April 1992. A sand shoal developing on the inside of the inlet has now forced ferry traffic further out into the inlet. The Ferry Division is concerned that with the existing situation ferry service would have to be terminated early on with the approach of a coastal storm, shutting off a major evacuation route for Ocracoke Island. The Division has proposed to relocate the ferry channel on the inland side of the shoal approximately 3000 ft. north of the current route across the inlet. A December 1992 aerial photo shows a natural channel starting on the Hatteras Island side and passing between an old dredge spoil island and the sand shoal before fading out on the Ocracoke side. The NC DOT Ferry Division has proposed a major modification of State Permit #f224- 87 to excavate approximately 1100 ft. of new channel from the Ocracoke side across the shoal to the existing natural channel. The new ferry channel across the inlet, 3500 ft. in total length would be maintained at a depth of 12 ft. and width of 100 ft. According to the applicant water depths in the proposed channel area shallow to -3 ft. before dropping off to 10 ft. in the natural channel. Approximately 40,000 cubic yards of sand will be excavated and disposed by pumping it overboard onto the sand shoal in several unconfined areas adjacent to the proposed ferry channel. The work would be done by the State's hydraulic dredge. Because of the distances involved and the strong inlet currents, the applicant feels that it is not possible to pipe the spoil material back to previously authorized spoil disposal areas. NCDOT - Ferry Division Bio Report Page Three Anticipated impacts The dredging would disturb approximately 8 acres of shallow water bottom habitat in a very dynamic area of shifting sands around the inlet. Another 3.5 acres of shallow water bottom adjacent to the channel would be made shallower with the open water disposal of the dredge spoil material. From the December 1992 aerial photos and a site visit by Preston Pate there appears to be no submerged aquatic vegetation (SAV) in the immediate project area. The shifting sands and strong currents within the inlet are not particularly conducive to the growth of SAVs. There are some areas of SAVs on the inland side of the old dredge spoil island and in the shallow estuarine waters immediately behind Ocracoke Island. The open water disposal will increaw. turbidity within the inlet during dredge operations. The sand spoil material will be quickly reworked by the inlet currents. Environmentally, if the dredging and open water disposal proposed here is done during the time of lowest biological activity in the inlet, it should be of no greater impact than the side cast dredging done in Oregon Inlet on a regular basis. The proposed relocation of the channel should allow ferry service to continue during the early stages of a major storm event, providing a valuable transportation link for Ocracoke Island. LAMA Review The estuarine waters and shallow bottom habitat to be impacted by the project are classified as conservation in both the Dare County and Hyde County LUPs. A full review will follow. Suhmitted by: Peter B. Colwell Late: July 27, 1993 Please type or print. Carefully describe all an- ticipated development activities, including construc- tion, excavation, filling, paving, land clearing, and stormwater control. If the -requested information is not relevant to your project, write N/A (not ap- plicable). Items 1-4 and 8-9 must be completed for all projects. I -'APPLICANT a. Name NCDOT - FERRY DIVISION Address 113 ARENDELL ST. City MOREHEAD CI'T'Y State NC Zip 28557 Day phone 726-6446 Landowner or X Authorized agent b. Project name (if any) HAT'TERAS INLET FERRY Ol'QZA'I'1CNS, ADDTI1cVAL DlzHf,7E MVdNIFMNCE c. If the applicant is not the landowner, also give the owner's name and address. CAPE HATTERAS NAT' L SEASHORE PART: to EO, NC 27954 (PERMI'T' ATTA 'HFD) 2 LOCATION OF PROPOSED PROJECT a. Street address or secondary road number NC - 12 b. City town, community, or landmark IIAI`'1'ERAS & NORIIIEND OQZA03KE ISLAND c. County HYDE/DARE d. Is proposed work within city limits or planning jurisdiction? NO e. Name of body of water nearest ro ect PAIILICO SOUND / HATTERY INLET 3 DESCRIPTION AND PLANNED, USE OF PROPOSED PROJECT d. Describe the planned use of the project. MAINTAIN CLEAR A14D SAFE CHANNEL FOR PUBLIC FERRY SERVICE. LAND ..AND WATER ry?{y'x CHARACTERISTICS a. Size of entire tract 27.4 AC b. Size of individual lot(s) 24.8 & 2.6 c. Elevation of tract above mean sea level 5 of Na- tional Geodetic Vertical Datum d. Soil type(s) and texture(s) of tract SAND e. Vegetation on tract SPARSE VEGETATION f. Man-made features now on tract FERRY TERMINAL BUILDING g. What is the CAMA Land Use Plan Classifica- tion of the site? (Consult the local land use plan.) Conservation Transitional Developed Community Rural Other h. How is the tract zoned by local government? NOT ZONED i. How are adjacent waters classified? j. Has a professional archaeological survey been carried out for the tract? YES If so, by whom? LOREIZA LAUT'ZENIIFISFR STAFF - LUTAR f -4ST. R' RJP 5 UPLAND DEVELOPMEN Complete this section if the project includes any upland development. a. Type and number of buildi gs, facilities, or structures proposed NA Number of lots or parcels A Density (Give the number of residential units and the units per acre.) b. Describe all development activities you propose c (for example, building a home, motel, marina, bulkhead, or pier). CUT & UVINI'AIN 1100' CHANNEL, 'ID M1 EXISTING d. (1 G1N U TIM' I U LD ALL94 BE MRIZ SAFIR l ASSACE DURING AWHZSE t ENIIER. r f F t?IF_D e. If you plan to build a marina, also complete and attach Form DCM-MP-2. `lUl Is the proposed activity maintenance of an ex- project, new work, or both? Will the project be for commun l}?'I iv?' ,??r commercial use? PUBLIC FERRY SERVICE n 2 6 '93 1993 u?L uU_u Size of area to be graded or disturbed NIA If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimen. tation control plan at least 30 days before land disturbing activity begins. If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? N/A Give the percentage of the tract within 75 feet i of mean high water to be covered by im- permeable surfaces, such as pavement, buildings, or rooftops. IL,LA g. List the materials, such a3 marl, paver stone, b. Amount of material to be excavate% ia ?, asphalt, or concrete, to be used for paved beloar water level in cubic yards •- uU surfaces. N/A c. Type of material SAND/CIIANNEL,S d. Doe3 the area to be excavated includrN? Hh- h. If applicable, has a stottnwater management Iatid, swamps, or other wetlands? •• U plan been submitted to the Division of En- e. High ground excavation, in cubi ata3 N A •virohmental Managemeht? N/A f. Dimensions of spoil disposal are ' 1. Describe proposed sewage disposal an(l/or waste g. Lo jr Ii' a( spoil disposal area Ai' water treatment facilities. N/A h. Do you claim title to the disposal Afea? Have these facilities received state or local approval? N/A Describe existing PJen ment facilities. Describe location and type of discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, or "wash dowri"). 1r/A m. Water supply source N/A _ n. If the project is oceanfront development, describe the steps that will be taken to main- tain established public beach access«':1ys or pro- vide new access. 141A o. If the project is on the oceanfront, what will be the elevaflon above mean sea level of the first habitable floor? N/A 6 EXCAVATION AND FILL INFORMATION Describe below the purpose of proposed excava- tion or fill activities (excluding btilkheads, which are covered in Section 7). Access channel (M,LW) or (NWL) Boat basin Other (break- water, pier, boat tamp, rock jetty) Fill placed in wetland or below MHW Upland fill areas If not, attach a letter granting permis3lbH hotri the owner. A'I'I'A(7f1J) I. Will a disposal area be available fof future maintenance?/ Yid - SMiE STIR If so, where? J. Does the disposal area include any Matslilahd, swamoland.'or water areas? YE;S k. Will the fill material be placed below theati high'water? YES 1. Amount of fill in cubic yardsi 40011 1 Yn' m. Type of fill material SIM h. Source of fill material 412MII 0_40,- o. Will fill material be placed on marsh of other wetlands? W p. Dimensions of the wetland to be filled q. How will excavated or fill rnateria? be kept on site and erosion controlled? N A IN WHIM IKL VFU4p) hJN] RIAI r. What type of construction equipmeht will be used (for example, dra line, backhoE, of hydraulic dredge)? IRRALUC LXUM S. Will wetlands be crossed in transpoalhg equip- fnent to the project site? If yes, explaln the steps that mill be taken to IesseH eti- vironniental Impacts. 7 SHORELINE STABILIZATION a. Length of bulkhead N/A b. or r?prap Average distance %+ aierward of mSSaH high water PA , or normal water level c. Shoreline erosion during??receding 12 triohthS, i f ii n eet • d. .type of bulkhead material 6. Amount of fill, in cubic yards, to bt blaced below rri {an high water N/A t f. Type of fill material _ N/A 1! Length Width Depth `ADDITIONA U- INFORMATION In addition to the completed application form, the following items must be submitted: A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected property. If the applicant is not claiming to be the owner of said property, then for- ward a copy of the deed or other instrument under which the owner claims title, plus written permis- sion from the owner to carry out the project. An accurate work plat (including plan view and cross sectional drawings) drawn to scale in black ink on 8 yz x I I white paper. (Refer to Coastal Resources Commission Rule 7).0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue-line prints or other larger plats are acceptable only if 16 high quality copies are provided by the applicant. (Contact the U.S. Army Corps of Engineers regard- ing that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency per- sonnel unfamiliar with the area to the site. Include county road (SR) numbers, landmarks, and the like. A stormwater management plan, if applicable, that may have been developed in consultation with the Division of Environmental Management. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners. These individuals have 30 days in which to submit com- ments on the proposed project to the Division of Coastal Management. The applicant must advise the adjacent landowners of this opportunity by sen- ding a copy of the permit application to them by registered or certified mail. This notification is re- quired by G.S. 113.229(d). Name t ,ill? }i1'11TRAS NAT'L SFASIURE PARK Address RI' !- 1, lit 675 1.1V,11D, W 27954 A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. FED # SAWC087-N-0284Y435 STATE # 224-57 11-20-87 A check for $100 made payable to the Depart- ment of Natural Resources and Community Development to cover the costs of processing the application. A signed AEC hazard notice for projects in ocean- front and inlet areas. A statement on the use of public funds. If the project involves the expenditure of public funds, at- tach a statement documenting compliance with the North Carolina Environmental Policy Act (N.C.G.S. 113A-1 to 10). 9 CERTIFICATION AND Pt-ki4iS; SION TO ENTER ON LAND?'l .•r.K.c:''c?%t• Any permit issued in response to this application will allow only the development described in the application. The project will be subject to condi- tions and restrictions contained in the permit. I certify that to the best of my knowledge, the pro- posed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. I further certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit ap- plication and follow-up monitoring of project. This is the day of JULY , 19 93 Landowr/er or Authorizedfegent Name Send the completed application materials to the Address Division of Coastal Management Office nearest you and the U.S. Army Corps of Engineers. 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DIVISION OF ENVIRONMENTAL MANAGEMENT 22 July 1993 MEMORANDUM TO: Preston Pate, Assistant Director Division of Coastal Management THRU: Jim Mulligan, Regional Supervisor Division of Environmental Management Washington Regional Office THRU: Roger K. o uality Supervisor Division of Environmental Management Washington Regional Office FROM: Deborah Sawyer, Environmental Technician Water Quality Section Division of Environmental Management Washington Regional Office SUBJ: NC DOT Dredging at Hatteras Inlet Dare/Hyde Counties The memorandum dated 15 July 1993 which was sent to Mr. Jim Mulligan has been reviewed by this office. The memorandum made this office aware of the proposed NC DOT proposal to dredge a new channel at the Hatteras Inlet farther inside the throat of the inlet. The NC DOT further proposes to dispose of the dredged material in the water next•to the channel. The present Section 401 Water Quality Certification must be reissued to cover this activity. The following information will be needed in order to review this CAMA Major Modification for recommendations from this office concerning the issuance of the Section 401 Water Quality Certification: 1. Specific information concerning the NC DOT's determination as to this proposed project's "emergency" status. 2. Sieve analyses of sediment samples taken in the new channel area proposed for dredging. These samples should be representative of the proposed depth to be dredged. 3. Resource study determining the presence of SAV, shellfish and fishery resources. 4. Further information supporting the NC DOT's determination that beach and/or upland diked disposal cannot be used as the disposal alternative. Any of the above information which you can forward to this office will be appreciated. We will review the information and submit a recommendation in a timely manner. Thank you. V Hatteras Inlet I received a call from Ralph Lawrence, DOT Ferry Division, on 9 July explaining that DOT needs to do some dredging at Hatteras Inlet to connect two natural channels near the tip of Ocracoke Is. to allow them to run the ferries farther inside the throat of the inlet. They now have to swing far out towards the ocean bar to follow the channel and are afraid that this will present a hazard during storm conditions. They need to dredge approx. 1500 linear feet and remove approx. 20,000 cu. yds. of material. They want to use the DOT dredge and dispose of the material in the water next to the channel. They have an active permit for maintenance dredging in other areas of the channel with spoil disposal approved for the beach and upland diked area. They do not want to use these areas because they would have to cross a naturally deep channel to reach them and they do not feel that the can keep the dredge pipe in place due to the current velocity. I met onsite with their dredge superintendent, Morris Grey, on 13 July. We looked at the site by boat but were not able to do any type of resource assessment. He has asked DOT to send me and him a copy of an aerial photo from Dec.,1992 to help determine if there are any SAVs in the area. I advised him that we would treat this as a major modification of their permit. We could expedite it and try to issue it within 45 days since they are considering it as an "emergency". I received a call today from Barney O'Quinn to advise that some of the DOT brass had asked him to get involved and speed the process up. They seem to be most concerned about the time factor. He suggested to them that I continue to work directly with Grey in the short term to identify the resource impacts and other possible problems. The major concern will be SAV resources in the area and how impacts to them can be avoided. They will need to modify both our permits and probably their 401 certification. By copy of this memo I am advising DEM of that possibility. Page 2 July 15, 1993 I have not yet received the aerial photo. When it arrives I will contact Grey and advise him of the next step. cc: Roger Schecter David Griffin John Parker Jim Mulligan