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HomeMy WebLinkAbout19960081 Ver 1_Complete File_19960116cl State of North Carolina W Department of Environmen il] He alth and Natural ResouC .1S r 1 • 7A-- Division c° Coastal Managemen JAN 2 6 M'S James B.-iunt, Jr., Governor Jonathar. B. Howes, Secretary Roger N. -Schecter, Director MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: ....: ....................., ID EHNF1 January 24, 1996 Mr. A. Preston Howard, P.E., Director Division of Environmental Management John R. Parker, Jr. Major Permits Processing Coordinator I it. JAN 2 6 '996 DIVISION OF COASTAL MANAGEMENT CAMA/DREDGE & FILL Permit Application Review INC Department of Transportation @ the end of NC Hwy 12 & adjacent to the Pamlico Sound, community of Cedar Island Proposed Project: to expand the Cedar Island Ferry Terminal by enlarging the existing boat basin and breakwater system Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 14, 1996. If you have any questions regarding the proposed project, please contact Charles Jones at (919) 726-7021. 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 P.O. Bcx 769, 3441 Arendell St., Morehead City, North Carorna 28557 Courier #11-12-09 Telephone 919-726-7021 FAX 919-247-3330 An Ea-lal opportunity Affirmative Action employer 50% recycled/ 10% post-consumer paper State of North Carolina Department of Environment, Health and Natural Resources AW4'y Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary C) E H N F1 A. Preston Howard, Jr., P.E., Director February 26, 1996 MEMORANDUM To: Melba McGee . Through: John Dome From: Eric Galambv? Subject: EA/FONSI for Improvements to Cedar Island Ferry Carteret County State Project DOT No. 6.161021, TIP # F-2416 EHNR # 96-0461, DEM # 11163 The subject document has been reviewed by this office. The Division of Environmental Management (DEM) is responsible for the issuance of the Section 401 Water Quality Certification for activities which impact of waters of the state including wetlands. The document states that wetlands will not be impacted but 7.2 acres of waters will be impacted. DOT is reminded that endorsement of an EA/FONSI by DEM would not preclude the denial of a 401 Certification upon application if wetland and water impacts have not been avoided and minimized to the maximum extent practicable. Questions regarding the 401 Certification should be directed to Eric Galamb (733- 1786) in DEM's Water Quality Environmental Sciences Branch. cedferry.fon cc: Monica Swihart F?AXEp FEB 2 61996 P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper To: John Dorney Planning Branch 060081 DIVISION OF ENVIRONMENTAL MANAGEMENT CAMA MAJOR PERMIT APPLICATION REVIEW REGIONAL OFFICE STAFF REPORT AND RECOMMENDATIONS REVIEWER: GREGSO WQ SUPERVISOR: ADKIN DATE: February 13, 1 6 WETLAND INFORMATION FOR CENTRAL OFFICE TRACKING PERMIT YR: 96 PERMIT NO.: 960081 COUNTY: Carteret PROJECT NAME: NC DOT - Cedar Island Ferry Terminal PROJECT TYPE: Dredging PERMIT TYPE: CAMA COE #: N/A DOT#: N/A RCD FROM CDA: DCM DATE FROM CDA: January 26, 1996 REG OFFICE: WiRO RIVER AND SUB BASIN#: 030410 *STREAM OR ADJACENT WATER BODY: Pamlico Sound CLASS: SA NSW STREAM INDEX #: 27-(118) ??. *OPEN OR CLOSED: Closed <? FZp ?'FG WL IMPACT: N/A WL TYPE: N/A Po V2 t2j WL REQUESTED: N/A WL ACR EST: N/A 22 WL SCORE: N/A 6- MITIGATION: N/A MITIGATION TYPE: N/A MITIGATION SIZE: N/A RATING SHEET ATTACHED?: N/A ?s RECOMMENDATION: ISSUE STORMWATER PLAN REQ'D: .IF YES, DATE APPROVED: PROJECT DESCRIPTION: The applicant proposes to expand the Cedar Island Ferry Terminal. WATER QUALITY CERT. (401) CERT. REQ'D: Yes IF YES, TYPE: General Certification #3025 SEWAGE DISPOSAL TYPE OF DISPOSAL PROPOSED: N/A TO BE PERMITTED BY: N/A IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE: N/A WATER/WETLAND FILL AREA OF FILL - WATER: 1.99 WETLAND: N/A IS FILL ELIMINATING A SIGNIFICANT USE? No DREDGING IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF RESOURCE? No IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? Yes 960081.feb Page Two MARINA ARE THE FOLLOWING ADEQUATELY ADDRESSED? SEWAGE DISPOSAL: N/A MARINA SERVICES: N/A OXYGEN IN BASIN: N/A CLOSURE OF SHELLFISHING WATERS: N/A (ATTACH A MARINA USE ATTAINABILITY EVAL.) RECONVEMENDED CONDITIONS OR PERMIT RESTRICTIONS: Although the project will result in a substantial amount of fill below MHW a large portion of this fill will still be subtidal. Additionally, a portion of this fill will be offset by the removal of the two liberty ship hulls and by the removal of the existing north jetty. The area is currently closed to the harvesting of shellfish. It is recommended that the following conditions be incorporated into the CAMA Permit. 1. That the turbidity outside the immediate construction area not exceed 25 NTU. 2. That silt curtains and other erosion controls be in place prior to any excavation or filling. cc: Central Files Wilmington Regional Office Files DCM-Charles Jones John Parker N. C. DEPARTMENT OF TRANSPORTATION TRANSMITTAL SLIP DATE / p ; 1 MEZe___LDG: FfFk O REF. NO. OR ROOM; BLDG. .ACTION ?- NOTE AND FILE ? PER OUR CONVERSATION ? -NOTE AND -RETURN. TOME ? PER YOUR REQUEST _ ? RETURN WITH MORE DETAILS ?FOR YOUR APPROVAL ? NOTE AND SEE' ME 'ABOUT THIS ? FOR YOUR INFORMATION ? PLEASE ANSWER ? FOR YOUR COMMENTS ? PREPARE REPLY FOR MY SIGNATURE ? SIGNATURE ? TAKE APPROPRIATE ACTION ? INVESTIGATE AND REPORT COMMENTS: _.;:?, Department of Environment, Health, and Natural Resources Office of Legislative and Intergovernmental Affairs Project Review Form Project Number: County: Date: I/ /_? ? Project located in 7th floor library J )[ l l 3 Date Response Due (firm deadline): ? a i G=am ,(?- ? ? r4a; This project is being reviewed as indicated below: 7 JIA 04,, 9'79'--P 5'--f9 Regional 0fficelPhone• Regional Office Area In-Hou Review ? Asheville ? All RIO Areas ? Soil and Water Marine Fisheries Air Coastal Management Water Planning El Fayetteville Water ? Water Resources ? Environmental Health ? Mooresville roundwater G X Wildlife ?Solid Waste Management V El Raleigh Land Quality Engineer El Forest Resources El Radiation Protection hi t ? W ? Recreational Consultant ? Land Resources ? David Foster on ng as '??.?? ?Coastal Management Consultant Parks and Recreation ?Other (specify) ,L?,Wilmington ? Others /EbEnvironmental Management ? Winston-Salem PWS Monica Swihart Manager Sign-Off/Region: Date: In-House Reviewer/Agency: Response (check all applicable) Regional Office response to be compiled and completed by Regional Manager. ? No objection to project as proposed ? Insufficient information to complete review ? Approve ? Permit(s) needed (permit files have been checked) ? Recommended for further development with recommendations. for strengthening (comments attached) ? Recommended for further development if specific & substantive changes incorporated by funding agency (comments attachedlauthority(ies) cited) In-House Reviewer complete individual response. ? Not recommended for further development for reasons stated in attached comments (authority(ies) cited) ? Applicant has been contacted ? Applicant has not.been contacted ? Project Controversial (comments attached) ? Consistency Statement needed (comments attached) ? Consistency Statement not needed ? Full EIS must be required under the provisions of NEPA and SEPA ? Other (specify and attach comments) RETURN TO: Melba McGee Office of Legislative and Intergovernmental Affairs PS-104 STNE S STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. DIVISION OF HIGHWAYS GOVERNOR P.O. BOX 25201. RALEIGH, N.C. 27611-5201 February 26, 1996 Mr. Scott McLendon Wilmington District, US Army Corps of Engineers PO Box 1890 Wilmington, N.C. 28402-1890 Dear Mr. McLendon: 110 y'?tir ,1996 ?s NCDOT is in receipt of your February 6, 1996 letter which verified your receipt of the permit application for dredging and construction at Cedar Island Ferry Terminal, and which further requested additional information about the project. Reference paragraphs a, b, and c of your letter, the following information should aid you in deciding approval for the permit: Reference Paragraph a: Please refer to page 4 of the EA/FONSI, under "Alternative Analysis." No other practicable alternatives, including upland alternatives, are available. The alternative proposed by NCDOT is the least damaging alternative available. Reference Paragraph b: Please refer to page 13 of the EA/FONSI under "Characteristics of Wetlands and Surface Waters." No jurisdictional wetlands were observed within the project area, therefore no impacts to wetlands will occur. Reference Paragraph c: Please refer to page 4 of the EA/FONSI under "Summary of Environmental Impacts." Note that some impacts of the project are actually positive, such as additional habitat provided by the new stone material, or increased oxygenation of basin waters. Any negative water resource impacts are minimal, with most being temporary. Terrestrial disturbance will also be temporary. No wetland impacts will occur, and no submersed aquatic vegetation is present in the project area. As stated on page 3 under "Environmental Commitments and Permits," NCDOT will implement Best Management Practices for the Protection of Surface Waters, and Sedimentation Control for High Quality Waters. Therefore, because a minimal amount of environmental disruption is anticipated, no mitigation is necessary or proposed. If you have any questions, please call me at (919) 733-7844, ext. 209. Sincere (??Oex? Thomas E. Devens, P.E. Project Planning Engineer cc: NCDEM GARLAND B. GARRETI' JR. SECRETARY State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director N1.K;qA1?EHNF1 March 1, 1996 Carteret County DEM Project # 960081 APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS Mr. Franklin Vick N. C. Dept. of Transportation Planning and Environmental Branch P.O. Box 25201 Raleigh, NC 25201 Dear Mr. Vick: You have our approval to drake 333,000 square feet and fill 87,000 square feet of waters for the purpose of expanding the Cedar Island Ferry Terminal, as you described in your application dated 26 January 1996. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Numb--r 3025. This approval is only valid fcr the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. For this approval to be valid, you must foLow the conditions listed in the attached certification. Silt curtains and similar erosion control device, shall be in place prior to excavation or filling In addition, you should get any other federal, state or local permits before you go ahead with your prc?icct. If you do not accept any of t-e conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 Lays of the date that you receive this letter. To risk for a hearing, send a written petition which conforms =o Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the revitw of the Division of Environmental Management under Section 401 of the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-1786. Sincerely, 1 re -ton Howard, Jr. P.E. Attachment cc: Wilmington District Corps o Engineers Corps of Engineers Wilmington Field Office Wilmington DEM Regional Office Mr. John Dorney Central Files John Parker; DCM 960081.Itr Environmental Sciences Branch, 44:1 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirma2ive Action Employer • 50% recycled/10% post consumer paper Improvements to Cedar Island Ferry Facility Carteret County TIP Project F-2416 State Project No. 6.161021 ADMINISTRATIVE ACTION State Environmental Assessment/ Finding of No Significant Impact North Carolina Department of Transportation Division of Highways in Compliance with the North Carolina Environmental Policy Act For further information, contact: Mr. H. Franklin Vick, P.E., Manager Planning and Environmental Branch Division of Highways N.C. Department of Transportation PO Box 25201 Raleigh, North Carolina 27611 bate ?J. O' uinn, P )E-, Ass stant Manager Planning and tr!vrun Branch >/8/91? Z? 1;4"a Date Thomas E. Devens, P.E. Project Planning Engineer 0 .••......... 4, '•, ?;•OFESSIp? I 's • a r' • SE AL 0. Iz 18334 ' E. y .• Improvements to Cedar Island Ferry Facility Carteret County TIP Project F-2416 State Project No. 6.161021 I. Type of Action Pursuant to the requirements of the North Carolina Environmental Policy Act, this is an Administrative Action, combined State Environmental Assessment/Finding of No Significant Action. II. Purpose and Need This project upgrades the existing Cedar Island Ferry Facility in Carteret County. Estimated construction cost is $3,000,000. No land acquisition is required. See Figure 1 for location. Figures 2 and 3 show existing site conditions. The Cedar Island Ferry Terminal serves as an extension for NC 12, connecting Carteret County with Hyde and Dare Counties at Ocracoke Island. The NC 12 corridor is vital to commerce in the eastern counties, not only to Outer Banks regions, but also to inland businesses which serve that area. The ferry terminal is a vital component of a regional transportation system. NC 12 is also the only evacuation route for the Outer-Banks in these counties. The Cedar Island Ferry has been identified by the Carteret County Evacuation Plan as a primary factor in the movement of vehicles from the Ocracoke Island area during times of emergency. Residents and tourists from the Outer Banks must travel north through Manteo in order to access a bridge to the mainland. This drive is over 80 miles from the Ocracoke Island Ferry Terminal. Unfortunately NC 12 is known for its exposure to storm surge, often becoming submerged during the most critical times of evacuation. Therefore, the N.C. Ferry System is sometimes the only evacuation route from Ocracoke Island and from Hatteras Island. From Ocracoke Island, the Cedar Island Ferry Terminal is the closest mainland terminal.. Therefore, during evacuation periods, the capacity of the Cedar Island Ferry Facility is critical to public safety from the threat of hurricanes and tropical storms. The existing ferry facility was constructed in 1965 to accommodate two 160-foot vessels. At present, four ferry vessels operate from the facility. Three vessels are 220 feet in length, and one vessel is 160 feet in length. The Ferry Division plans to lengthen the 160-foot vessel to 220 feet, and is planning to purchase additional vessels. Widening the basin will increase safety for the traveling public, state personnel, jetty and dock structures, and the vessels themselves. The existing basin was originally designed to accommodate two 160-foot vessels, with only one vessel operating in the basin at a time. Present traffic volumes have required operation of a 220-foot vessel in the basin at the same time that one or two vessels are docked. These large vessels are very restricted in their capability to maneuver, a problem that is compounded by several vessels operating in the basin at once. Maneuverability is further diminished by inclement weather, wave action, and strong winds. Urgency of the terminal upgrade is based mainly upon safety and the condition of the sunken "Liberty Ships" which help to form the north-side jetty. Due to their atmospheric exposure, the two ship hulks are rusting at a rapid rate. A new, all-stone jetty is imminently needed before the ships deteriorate to the point of no longer performing their breakwater function. Also, the basin requires widening as soon as possible to enhance safety. III. Project Description The proposed project consists of the removal and relocation of a major portion of the existing north-side rock jetty, and the removal of two-240 foot ships at the northeast tip of the rock jetty (See Figure 4). The ships were sunk approximately 25 years ago to act as a jetty extension from the existing rock jetty. Stone material from the existing rock jetty will be used to build a portion of the relocated jetty, however new rock will be required on site for the remainder of the new jetty. Construction will occur in two separate phases: Phase I consists of the excavation/dredging of an area that is located to the north of the existing jetty (See Figure 5). This area will be dredged to a depth of approximately 6 feet, to enable access by contractor barges. Once the area is excavated, the contractor will begin construction of a new jetty using stone from the existing jetty, as well as new material brought to site. Figures 7-10 depict proposed cross-sections of the new jetty. The two ships will also be removed from site. Ship materials will either be sold as scrap metal, removed to an approved spoil site, or will be used to construct an artificial reef at an off- site location. Coordination is ongoing with North Carolina Marine Fisheries to examine the suitability of the ship hulks for an artificial reef. Phase II begins upon completion of the new jetty and removal of the ships on site. Phase II consists of excavation of material (sand and any remaining stone from the "old" jetty) from the area where the "old" jetty was located (See Figure 6). Dredging will occur to a depth of approximately 12 feet. Phase II will also include an area of maintenance dredging, which is located along the northwest face of the existing south-side jetty. A volume of approximately 50,000 cubic yards of dredged material will be deposited in designated upland spoil areas. It is anticipated that the spoil sites chosen will be located on the Clayton Fulcher property, which lies immediately to the east of the ferry terminal. NCDOT enjoys an ongoing easement with Mr. Fulcher for two areas of approximately 6 acres each. Each site has sufficient capacity to store approximately 60,000 cubic yards of material, and is currently permitted to accept dredge material. A copy of the permit is included in Appendix A. IV. Environmental Commitments and Permits Precautions will be taken to minimize impacts to water resources in the study area. NCDOT'S Best Management Practices for the Protection of Surface Waters will be strictly enforced during the construction stage of the project, to include Sedimentation Control for High Quality Waters. Provisions to preclude unnecessary contamination by toxic substances during the construction interval will also be observed. The Ferry Division of the NCDOT will coordinate with the North Carolina Division of Marine Fisheries to determine if the ships are suitable material to be used as an artificial reef at an oil site location. NCDOT does not anticipate any contractor activities on the adjacent beach owned by Mr. Clayton Fulcher III. Offshore, however, the new jetty will be located in a riparian zone that is currently shared by NCDOT and Mr. Fulcher. Therefore, any riparian rights issues will be addressed during the permitting phase. Any staging areas for contractor equipment or construction materials will be located on high ground that is behind the hardened bulkhead on NCDOT property. The Ferry Division of NCDOT is responsible for meeting the provisions of North Carolina Administrative Code Title 15A Chapter 7H, "State Guidelines for Areas of Environmental Concern," during the planning and construction of the proposed project. All dredging operations will conform to applicable turbidity standards. In accordance with the Coastal Area Management Act (CAMA), a CAMA permit will be required from the North Carolina Division of Coastal Management. Although the Ferry Division already conducts dredging activities on site under an existing permit, an additional State Dredge and Fill Permit may be required from the N.C. Division of Coastal Management. If required, this permit will likely be processed in conjunction with the CAMA permit. In accordance with Section 404 of the Clean Water Act, a permit will be required from the US Army Corps of Engineers for the discharge of fill material into "Waters of the United States." In accordance with Section 10 of the Rivers and Harbors Act, a permit will be required from the US Army Corps of Engineers for construction activities in navigable waters / tidal waters. A Section 401 Water Quality Certification will be required from the N.C. Division of Environmental Management. The U.S. Army Corps of Engineers withholds Section 404 Authorization until the Section 401 Certificate has been approved. V. Alternative Analysis The no-build alternative was considered. Given the confined maneuvering space of the existing basin, however, unsafe conditions would continue. Considering the importance of this ferry terminal to regional commerce and emergency evacuation plans, improving the Cedar Island terminal will enhance capacity with minimal impact to the environment. No alternative improvements were studied. The deteriorating ships cause the need for improvements to the north-side jetty; however the ships cannot simply be replaced with a rock jetty at their existing location because ferry operations would not be protected from wave actions during the construction period. In addition, a wider basin is needed for maneuverability and capacity of ferry vessels. A shift of the south-side jetty was not studied because it involves impacting a beach area and an adjacent landowner, and would yield a basin shape which is less conducive to vessel maneuverability. VL Summary of Environmental Impacts it is anticipated that the proposed project will result in minimal impact to the environment, with most impacts occurring on a temporary basis. Addition of stone material for the new jetty will add structure to an otherwise all-sand bottom - thereby creating habitat for various species. Oxygenation of basin waters is further enhanced as by the size and shape of the proposed basin. The wider basin entrance will improve circulation from wave and tidal actions. A volume of approximately 50,000 cubic yards of dredged material will be deposited in designated spoil areas. It is currently anticipated that the spoil areas used will be the same sites that are currently permitted for dredge spoil. These sites are adjacent to the ferry facility. Commercial harvesting of shellfish does not occur in the project area, therefore no impact to commerce is expected: The terrestrial community found within the proposed project area may serve as nesting and sheltering habitat for various wildlife. The proposed project will temporarily disturb habitat for faunal species. This disturbance will force some species to find nesting and sheltering habitat at other locations. Normally this type of habitat reduction concentrates wildlife into smaller areas of refuge, thus causing some species to become more susceptible to disease, predation and starvation. Due to the nature and scope of terrestrial disturbance related to this project, it is expected that minimal impact will occur to terrestrial fauna. 4 No jurisdictional wetlands are located in the project area, therefore no impact will occur. The project will have no effect on any federally-protected species, federal candidate species, or state listed species. Construction of the proposed project will?aet water resources by the following processes: dredging of sediments within the project area, removal of the existing western betty and the two sunken vessels, and construction of the new jetty. Project construction may result in the following impacts to surface waters: 1. Increased sedimentation and siltation from project construction activities. 2. Temporary changes in light incidence and water clarity due to increased turbidity. 3. Temporary increased nutrient loading via resuspension of sediments from dredging operations and vessel removal. 4. Temporary increased concentration of toxic compounds from construction related activities and toxic spills. Estimated impacts to water resources are derived using the proposed construction limits of the project, which corresponds to the footprint of the proposed Phase I and Phase II dredging limits. Therefore, pjtconstruction will impact 2.9 ha (7.2 ac) of Pamlico: Sound,, The following impacts to estuarine communities will occur as a result of project construction: 1. Dredging and removal of the subtidal sandy substrate will remove any benthic organisms present within this habitat. However, once the dredging operation is complete, it can be expected that the area will be recolonized quickly by members of similar species. 2. Removal of the existing jetty will also remove any organisms that are attached to this substrate. Construction of the new jetty will introduce a similar type of structure in the project vicinity and it will be quickly recolonized by similar species. 3. Dredging the subtidal sandy substrate and removal of the existing jetty will temporarily increase turbidity within the project area. Increased turbidity can cover desirable substrates and clog the gills of marine fauna. Normally, turbidity associated with dredging operations is minimal since high volume pumps immediately remove disturbed sediments and suspended particles from the site. Normal operation of the ferry terminal also results in low turbidity levels arising from prop wash of ferry vessels. It is anticipated that turbidity resulting from project construction will not exceed that of normal operation of the ferry terminal. No, submersed aquatic vegetation (SAV) is present in the project area, therefore no impact will occur as a result of this undertaking. VII. Regulatory Considerations North Carolina Administrative Code Title 15A Chapter 7H.0208, requires that "groins shall be set back a minimum of 15 ft. from the adjoining property lines." However, the existing north-side groin is already on the property line with Mr. Clayton Fulcher III. This section of the groin that extends from the beach will remain at its existing location. However, any issues dealing with riparian rights will be addressed during the permitting phase. The project lies within a Public Trust Area, applicably defined as "all waters of the Atlantic Ocean and the lands thereunder from the mean high water mark to the seaward limit of state jurisdiction." As such, relocating the north-side jetty does claim a slightly larger area of Public Trust waters. However, this project is proposed for a public purpose - to enhance the safe operation of the N.C. Ferry Division. Therefore, the overall benefit to the public will be enhanced. Coordination was made with the United States Coast Guard to verify whether or not a permit is required, in accordance with Section 9 of the Rivers and Harbors Act. According to the Portsmouth, Virginia office, no permit is required. VIII. Historic and Archaeological Resources The entire project area has been highly disturbed by dredging and filling operations since 1965. There is no evidence of archaeological sites, and no structures exist that could be considered to be historically significant. Offices of the State Historic Property Officer will have an opportunity to further examine this finding during the permit review process. IX. Natural Resources The project study area lies within the Outer Coastal Plain Physiographic Province. The topography of Cedar Island in the project vicinity is essentially flat with elevations ranging from 1.5 m to 3.0 m (5.0 to 10.0 ft) above mean sea level (msl). The higher elevations are associated with dunes located on the beaches facing Pamlico Sound. 1. Methodology Information sources used in the pre-field investigation of the study area include: U. S. Geological Survey (USGS) quadrangle map (North Bay), U.S. Fish and Wildlife Service (FWS) National Wetland Inventory Map (North Bay), Natural Resources Conservation Service (MRCS) soil maps and a NCDOT aerial photograph of project area (1:1000). Water resource information was obtained from publications of the Department of Environment, Health and Natural Resources (DEHNR, 1993) and from the NC Center for Geographic Information and Analysis (Environmental Sensitivity Base Map of Carteret County, 1992). Information concerning the occurrence of federal and state protected species in the study area was gathered from the Fish and Wildlife Service list of protected and candidate species and the N.C. Natural Heritage Program (NHP) database of rare species and unique habitats. 6 in the proposed vroiect area by NCDOT bi?gists Brine O :Ellis and Dale Sutter on December 13; 199, ; ant communi ies and th associated wildlife were identified and recorded. Wildlife identification involved using one or more of the following observation techniques. active searching and capture, visual observations (binoculars), identifying characteristic signs of wildlife (sounds, scat, tracks and burrows). Jurisdictional wetland determinations were performed utilizing delineation criteria prescribed in the "Corps of Engineers Wetland Delineation Manu11;'.' (Enyironmentl Laboratory, 1987). • 2. Soils One soil complex, Beaches-Newhan 0-30 percent slopes is present within the study area. This complex consists of long narrow Beaches with Newhan soils on dune ridges. Beaches consist of pale yellow sand, shells and shell fragments. Newhan soils have a light brownish gray fine sand surface layer with an underlying layer of light gray fine sand. Beaches are flooded frequently by wind driven tides, while Newhan soils are flooded by storm tides. Beaches are used for recreation and as habitat by coastal birds and some marine animals. Areas containing Newhan soils are valued as building sites because they overlook the ocean or sound. However, they are limited for this use because of steep slopes, wind erosion, and septic tank limitations. The Beaches-Newhan Complex has not been assigned to a woodland group. Beaches-Newhan soils are listed on the County list of hydric soils however, they are not included in the National list of hydric soils. The hydric classification of this soil complex is due to the presence of Beaches soils. Soil core samples were taken throughout the project area and revealed soils with a sandy texture. The soils did not exhibit hydric conditions, such as low chroma colors, accumulation of organic matter or mottling. Hydric soils, as defined in the "Corps of Engineers Wetland Delineation Manual", 1987, were not observed withinxhe project study area. 3. Water Resources This section contains information concerning those water resources likely to be impacted by the project. Water resource information encompasses physical aspects of the resource, its relationship to major water systems, Best Usage Standards and water quality of the resources. Probable impacts to these water bodies are also discussed, as are means to minimize impacts. a. Waters Impacted and Characteristics The project lies within sub-basin no., Qr, -IBI)of the Neuse River Basin.,.. The project study area is situated in the southeastern portion of Pamlico Sound. Pamlico Sound is a body of water that separates mainland North Carolina from the outer barrier island coast. The sound is an area where freshwaters from inland rivers mix with high salinity waters of the Atlantic Ocean. Therefore, the salinity of the waters of Pamlico Sound will be intermediate between fresh and ocean waters. The project study area is located on the north shore of Cedar Island. Beaches and low lying areas in vicinity of the project area are frequently flooded by wind driven tides. The substrate of Pamlico Sound in the project vicinity is composed of fine sand. b. Best Usage Classification Water resources in North Carolina have been assigned a best usage classification by the Division of Enviro MgVW Management (DEM). The Neuse River including the waters of Pamlico Sound, index at the project location are classified as The "SA" classification ' notEr"tt"hsalt waters that are "suitable for shellfishing for market purposes and any 7 other usage specified by the "SB" and "SC" classifications." The "SB" classification is defined as "tidal salt waters suitable for primary recreation and any other usage specified by the "SC" classification." The "SC" classification denotes "tidal salt waters that are suitable for aquatic life propagation and survival, fishing, wildlife, and secondary recreation." The supplemental classification of "NSW" denotes nutrient sensitive waters that require limitations on nutrient imports. " waters carry. an a„itional, suplemental;.c.(assfication of`"HQ":,ics defined as "Nigh Quality ?V«aters :are w#ers tlit are r?.tei=;as?e llent based on bialcacalWai' physipal/tlierrical characteristics through division monitoriug-or;special studies,.. and all Class SA waters." The Environmental Sensitivity Base Map of Carteret County indicates that the °=t£ ed l.,,andi;J1 44te designatiecl' as a Primary 'Nursery Arch. Cedar Island Bay is located approximately 300 m (1000 ft) south of the project area. Ptojeet construction will have no impact on Cedar Island Bay. Water Supplies (WS-I: natural watersheds, or WS-II: predominantly undeveloped watersheds) do not occur within 1.6 km (1.0 mi) of the project study area. High Quality Waters (HQW) are present within the project vicinity. Outstanding Resource Waters (ORW) occur 1.6 km (1.0 mile) east of project study area. c. Water Quality The Benthic Macroinvertebrate Ambient Network (BMAN) is managed by DEM and is part of an ongoing ambient water quality monitoring program which addresses long term trends in water quality. The program assesses water quality by sampling for selected benthic macroinvertebrate organisms at fixed monitoring sites. Many species of macroinvertebrates are sensitive to very subtle changes in water quality; thus, the particular species present, species richness and overall biomass of these organisms are reflections of water quality. No BMAN data is available for waters within the project vicinity. Point source dischargers located throughout North Carolina are permitted through the National Pollutant Discharge Elimination System (NPDES) program. Any discharger is required to register for a permit. The NCDOT Cedar Island Ferry Terminal is a permitted discharger in the project area. Rebekah Goodwin Seafood is a permitted discharger in the project vicinity. Both dischargers are permitted for less than 0.5 million gallons per day. d. Summary of Anticipated Impacts to Waters Construction of the proposed project will impact water resources by the following processes: dredging of sediments within the project area, removal of the existing western jetty and the two sunken vessels, and construction of the new jetty. Project construction may result in the following impacts to surface waters: 1. Increased sedimentation and siltation from project construction activities. 2. Temporary changes in light incidence and water clarity due to increased turbidity. 3. Temporary increased nutrient loading via resuspension of sediments from dredging operations and vessel removal. 4. Temporary increased concentration of toxic compounds from construction related activities and toxic spills. Estimated impacts to water resources are derived using the proposed construction limits of the project, which corresponds to the footprint,of.the propose Phase an Phase 11 dredging, limits. Therefore, project construction will impact 19 ha (7.1ac) of Pamlico Sounds Precautions will be taken to minimize impacts to water resources in the study area, NCDOT'S Best Management Practices for the Protection of Surface Waters will be strictly enforced during the construction stage of the project, as well as Sedimentation Control for High Quality Waters. Provisions to preclude unnecessary contamination by toxic substances during the construction interval will also be observed. 4. Biotic Resources Scientific nomenclature and common names (when applicable) are provided for each animal and plant species described. Subsequent references to the same organism will include the common name only. Faunal species observed during the site visit are noted with an asterisk (*). a. Terrestrial Communities One terrestrial community is identified in the project study area: maintained/disturbed. This community consists of the ferry terminal parking lot and the spoil basin. Community boundaries associated with these areas are well defined without a significant transition zone between them and neighboring natural communities. Faunal species likely to occur within the project vicinity will also use this community for shelter, forage and movement corridors. The ferry terminal parking lot is separated from adjacent natural communities by hardened seawalls. The parking lot consists of impervious surfaces that include asphalt pavement, and ferry terminal maintenance and rest area buildings. Contiguous to the west side of the parking lot is an unpaved overflow lot with picnic facilities located on the outskirts. Vegetation associated with the unpaved overflow lot consists of pennywort (Hvdrocotyle bonariensis), Bermuda grass (Cynodon dactvlon) and buckhorn plantain (Plantaeo lanceolata). The existing spoil- basin is.logg d=,- east,side of the ferry terminal parking lot. The spoil basin 'is situated on. private property, to which NCDOT has an easement for the operation of the spoil basin. The basin has been used in recent years for various dredging projects associated with the ferry terminal turning basin When the. spoil. has dewatered;- it is removed from the basin and used, for-fill Consequently, this area is in a frequent state of disturbance. Vegetation observed within the basinoundaries was sparse and included: pennywort, black needle rush (Juncus roemerianus) and Bermuda grass. Mammals associated with the maintained/disturbed community include: marsh rabbit* (Svlvilagus a1Q ustris), marsh rice rat (Oryzomys alp ustri s), cotton mouse (Peromvscus gossypinus), eastern mole (Scab us aquaticus) and raccoon (Procyon lotor). These mammals are most active at night. The rodents will forage on grasses and other vegetation in this community. The raccoon will normally feed on mussels and crustaceans in local marshes and mud flats, but will venture into this disturbed community to scavenge on edible items in human refuse. Reptiles that would inhabit the maintained/disturbed community include: Carolina anole (Anolis carolinensis), fence lizard (Sceloporus undulatus) and six lined racerunner (Cnemidophorus sexlineatus). These reptiles can be found thermoregulating in the exposed areas of the parking lot and spoil basin. They forage on insects and spiders. Avian species that will frequent the maintained/disturbed habitat include terrestrial species, such as: catbird (Dumetella carolinensis), mockingbird Q&mus pol lyg ottos), brown thrasher (Toxostoma rufumpainted bunting (Passerina ciris), boat tailed grackle (Quiscalus major) and northern cardinal (Cardinalis cardinalis). These terrestrial avian species will forage on insects, fruits and seeds that may be present within this community. Water birds that may rest or find foraging opportunities in the maintained/disturbed community include: ring-billed gull* (Larus delawarensis), herring gull (Larus ar eng_tatus), laughing gull (Larus atricilla) and common tern (Sterna hirundo). The gulls are frequently seen following ferrys and other boats, where they wait for discarded food items and forage organisms that are churned up by prop wash. b. Estuarine Communities The Pamlico Sound is the only water resource within the project study area. Four separate estuarine communities are identified within the project area: lower beach, rock jetty (includes sunken ship hulls), subtidal sandy substrate and subtidal (open water). No submersed aquatic vegetation (SAV) is present within the project study area. 1. Lower Beach The lower beach community is a transitional area between the terrestrial upper beach and dune communities, and the littoral waters of Pamlico Sound. The lower beach is frequently flooded by waves and wind driven tides. The substrate is consistently saturated, however it is rarely completely covered by water for an extended period of time. Since this community is alternately covered by water and exposed to air, only a few hardy species are able to find a niche in this community. The mole crab (Emerita talpoida) burrows backward in the shifting sand each time a wave advances upon the shore. It situates itself in the sandy substrate so that its antennae can filter plankton from the outgoing wave. The coquina clam (Donax varibilis) burrows in the sand as a wave recedes and is swept out of the substrate as a wave advances. The coquina clam also filters plankton. Fauna that find foraging opportunities within the lower beach community include: ghost crab (Ocypode albicans), the aforementioned gulls, semipalmated plover (Charadrius semipalmatus), Wilson's plover (C. wilsoni) a , sanderling Calidris alba) and the greater black back gull* (Carus marinus). The sanderlmg runs to the edge or the water as an incoming wave exposes small crustaceans. The gulls and the ghost crab will scavenge on any edible items that wash up on shore. 2. Rock Jetty Community In the otherwise featureless seascape of Pamlico Sound, the rock jetty provides an oasis of solid substrate and structure. Many marine plants and animals need to attach themselves to solid substrates at some point in their life cycle. The rock jetty also provides a structural diversity which provides shelter and foraging opportunities for more mobile organisms. Competition for space on this substrate is intense, and encrusting organisms will quickly cover these areas. Organisms that can be found inhabiting the jetty can be divided into to two main groups: subtidal and intertidal. Subtidal organisms are those plants and animals that are constantly covered by waters of the Sound. Typical macroalgae attached to the jetty include: sea lettuce (Ulva lactuca), rockweed (Fucus spp.), ectocarpus (Ectocarpus spp.), Coulter's seaweed ftoagardhiella spp.), pincher-weed seaweed (Ceramium spp.) and sewing thread seaweed (Gracilana spp.). Animals that can be found in this region of the jetty include: sea anemone (Aipgtasia alp lida), sun sponge (Hvmeniacidon sp.), sea squirt (Styela spp.), winged oyster (Pteria colymbus), purple sea urchin (Ardacia punctulata) and white sea urchin (L echinus variegatus). Fish associated with this habitat are sheephead (Archosargus sp.), black sea bass (Centropristis striata), and cling-fish (Gobiesox sp.). The sheephead has sharp teeth to scrape and eat barnacles from the jetty. 10 The intertidal community is a harsh environment where physical conditions change with the tides. Organisms dwelling here have adapted to strong wave action, periodic exposure toextremes of heat and cold, and desiccation. The filamentous algae, beautiful hair (Calothrix spp.) and lyngbya (L 1gbya spp.) cover the rock substrate in the intertidal zone. Rocks covered by these algae are slippery and can be hazardous. Estuarine fauna inhabiting this zone include: ribbed mussel (Modiolus sp.), eastern oyster (Crassostrea vir?nica), rock barnacle (Balanus spp.), keyhole limpet (Diodora caveninsis) and Atlantic chiton (Caet pleura aniculata). The Atlantic starfish (Asterias forbesi) travels up and down the jetty with the tides as it forages molluscs. The sea cockroach (Lyeida sp.) is an isopod that darts over the exposed substrate and scavenges on debris and detritus left by the receding waves. 3. Subtidal Sandy Substrate The subtidal sandy substrate community is constantly covered by the waters of Pamlico Sound. Larger crustaceans found here include: horseshoe crab (Xiphosura polvnhemus), calico crab (Ovalipes ocellatus), and blue crab (Callinectes sapidus). Molluscs that will inhabit the sandy substrate are: welk (BgLycon spp.), eastern oyster, disk shell (Dosinia discus), and hard clam (Mercenaria mercenaria). The oyster, disc shell and hard clam are bivalves that filter plankton, while the welk is a gastropod that will forage on the bivalves. Blood worms (Glycera spp.), clam worms (Nereis spp.) and the sea cucumber (Leptosmapta inhaerens) burrow into the substrate for protection. The keyhole urchin (Mellita spp.) and heart urchin (Moira atropes) are other invertebrates that can be found dwelling here. Vertebrates that are adapted to foraging in this community include: smooth butterfly ray (Gumnura micrura), skate (R_aj_a spp) and several species of flounder (Paralichthys spp.). These vertebrates are dosoventrally flattened which makes them difficult to detect when they lie motionless on the sandy substrate. commepcial mechanical harvesting of shellfish occurs in the project <vicinity. 4. Subtidal Open Water The subtidal open water community contains free floating plankton, zooplankton, larval stages of macro organisms, invertebrates and open water species of fish. Marine and estuarine organisms that have pelagic larval stages include: the nauplius and cypris stages of barnacles, the veliger stage of molluscs, erypterid stage of the horseshoe crab and the pluteus stage of starfish. Many other marine organisms have a stage in their life cycle that is pelagic. Upon completion of the free floating larval stage the organism settles onto a substrate (rocks, shells, sand, etc) to continue its development into a macro organism. One of the most important crustaceans of this community is the shrimp. Wolff 1976 reported that the pink shrimp (Penaeus durarum) is the most abundant shrimp in this region of Pamlico Sound, while the brown shrimp (P. aztecus) is second in abundance. Adult shrimp forage on small fish, molluscs and other crustaceans. They in turn are forage for many species of gamefish. In other areas of Pamlico Sound, they are commercially harvested for human consumption. Open water species of fish that can be found in this region of Pamlico Sound include: =Dl cephalus), white pinfish (Lagodon rhomboides), spot (Lgiostomus xanthurus), striped mullet (M mullet (M . curema) and Atlantic menhaden (Brevoortia t, r n us). Wolff 1976, reported that the mullets and Atlantic menhaden are the most abundant fish in this region. Species of gamefish that occur in the Sound are: bluefish (Pomatomus saltatrix): spotted seatrout (Cynoscion nebulosus), red drum (Sciaenons ocellata) and Atlantic croaker M icropogon undulatus). Avian species that forage on fish and crustaceans in this open water community include: the gulls, black skimmer (Rmchons nigra), least tern (Sterna 9bifrons), common tern gull-billed tern 11 (Gelochelidon nilotica) and royal tern (Thg lasseus maximus). The terns dive into the water to capture their prey, while the skimmer will fly low above the water and skim the surface with the lower half of its beak to capture prey. c. Summary of Anticipated Impacts to Biotic Resources Construction of the subject project will have various impacts on the biotic resources described. Any construction related activities in or near these resources have the potential to impact biological functions. This section quantifies and qualifies impacts to the natural resources in terms of area impacted and ecosystems affected. Temporary and permanent impacts are considered here as well. Table 1. Anticipated Impacts to Biotic Communities Community Impacts Maintained/Disturbed Parking Lot 0.45(1.10) Spoil Basin 2.42(6.00) Lower Beach 0.01(0.03) Rock Jetty 0.53(1.30) Subtidal Sandy Substrate 2.91(7.20) Subtidal Open Water Not Applicable TOTAL IMPACTS 6.31(15.63) Note: Values cited are in hectares (acres). The terrestrial community found within the proposed project area may serve as nesting and sheltering habitat for various wildlife. The proposed project will temporarily disturb habitat for faunal species. This disturbance will force some species to find nesting and sheltering habitat at other locations. Normally this type of habitat reduction concentrates wildlife into smaller areas of refuge, thus causing some species to become more susceptible to disease, predation and starvation Due to the nature and scope of terrestrial disturbance related to this project, it is expected that minimal impact will occur to terrestrial fauna. Estuarine communities are sensitive to even small changes in their environment. The following impacts will occur as a result of project construction: 1. Dredging and removal of the subtidal sandy substrate will also remove any benthic organisms present within this habitat. However, once the dredging operation is complete, it can be expected that the area will be recolonized quickly by members of similar species. 2. Removal of the existing jetty will also remove any organisms that are attached to this substrate. Construction of the new jetty will introduce a similar type of structure in the project vicinity and it will be quickly recolonized by similar species. 3. Dredging the subtidal sandy substrate and removal of the existing jetty will temporarily increase turbidity within the project area. Increased turbidity can cover desirable substrates and clog the gills of marine fauna. Normally, turbidity associated with dredging operations is minimal since high volume pumps immediately remove disturbed sediments and suspended particles from the site. Normal operation of the ferry terminal also results in low turbidity levels arising from prop wash of ferry vessels. It is anticipated that turbidity resulting from project construction will not exceed that of normal operation of the ferry terminal. 12 5 Jurisdictional Topics This section provides descriptions, inventories and impact analysis pertinent to two important issues--Waters of the United States and rare and protected species. a. Waters of the United States Surface waters and wetlands fall under the broad category of "Waters of the United States," as defined in Section 33 of the Code of Federal Register (CRF) Part 328.3. Wetlands, defined in 33 CFR 328.3, are those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation typically adapted to life in saturated conditions. Any action that proposes to place fill into these areas falls under the jurisdiction of the U.S. Army Corps of Engineers (COE) under Section 404 of the Clean Water Act (33 U.S.C. 1344). b. Characteristics of Wetlands and Surface Waters Potential wetland communities were investigated pursuant to the 1987 "Corps of Engineers Wetland Delineation Manual." The three parameter approach is used where hydric soils, hydrophytic vegetation and prescribed hydrologic characteristics must all be present for an area to be considered a wetland. 'sdiational wetlands here observed within the project area, however, jurisdictional surface waters are present. c. Rare and Protected Species Some populations of fauna and flora have been in, or are in, the process of decline either due to natural forces or their inability to coexist with man. Federal law (under the provisions of the Endangered Species Act of 1973, as amended) requires that any action, likely to adversely effect a. species classified as federally-protected, be subject to review by the Fish and Wildlife Service (FWS). Other species may receive additional protection under separate state laws. d. Federally-Protected Species Plants and animals with federal classifications of Endangered (E), Threatened (T), Proposed Endangered (PE) and Proposed Threatened (PT) are protected under provisions of Section 7 and Section 9 of the Endangered Species Act of 1973, as amended. As of March 28, 1995, the FWS lists the following federally-protected species for Carteret County (Table 3). A brief description of each species' characteristics and habitat follows. 13 Table 2. Federally-Protected Species for Carteret County Scientific Name Common Name Status Caretta caretta loggerhead sea turtle T Charadrius melodus piping plover T Chelonia mydas green sea turtle T Deromochelys coriacea leatherback sea turtle E Falco peregrinus peregrine falcon E Felis concolor couszuar eastern cougar E Haliaeetus leucocohalus bald eagle E Lepidochelys kemni Kemp's Ridley sea turtle E Picoides borealis red-cockaded woodpecker E Sterna do_ougallii roseate tern E Amaranthus pumilus seabeach amaranth T Lvsimachia asperulaefolia rough-leaved loosestrife E "E" denotes Endangered (a species that is threatened with extinction throughout all or a significant portion of its range). "T" denotes Threatened (a species that is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range). Caretta caretta (loggerhead sea turtle) T Animal Family: Cheloniidae Date Listed: 7/28/78 Distribution in N.C.: Beaufort, Bertie, Brunswick, Camden, Carteret, Chowan, Craven, Currituck, Dare, Hyde, New Hanover, Onslow, Pamlico, Pasquotank, Pender, Perquimans, Tyrrell, Washington. BIOLOGICAL CONCLUSION NO EFFECT Nesting beaches are not present within the project area. Project construction will be confined to staging areas in the ferry terminal parking lot, lower beach and from barges in open water. The loggerhead turtle may forage in the waters of Pamlico Sound, however project construction will not reduce or interrupt foraging opportunities for the loggerhead turtle. The N.C. Natural Heritage Program data base of rare species and unique habitats was reviewed and revealed no records of loggerhead turtles in the project vicinity. Therefore, project construction will not effect the loggerhead turtle. Charadrius melodus (piping plover) T Animal'Family: Charadriidae Date Listed: 12/11/85 Distribution in N.C.: Brunswick, Carteret, Currituck, Dare, Hyde, New Hanover, Pender. BIOLOGICAL CONCLUSION NO EFFECT No suitable habitat in the form of beaches with fine sand and mixtures of sand and pebbles is present within the project area. Construction activities are limited to the ferry terminal parking lot, lower beach and open water areas in proximity to the jetty. Project construction will not impact foraging opportunities for the piping plover in vicinity of the project. The N.C. Natural Heritage Program data base of rare species and unique habitats was reviewed and revealed no records of the piping plover in vicinity of the project. This species is only known from outer barrier beaches. Therefore, project construction will not effect the piping plover. 14 Chelo a m s (green sea turtle) T Animal Family: Cheloniidae Date Listed: 7/28/78 Distribution in N.C.: Beaufort, Bertie, Brunswick, Camden, Carteret, Chowan, Craven, Currituck, Dare, Hyde, New Hanover, Onslow, Pamilco, Pasquotank, Pender, Perquimans, Tyrrell, Washington. BIOLOGICAL CONCLUSION NO EFFECT Nesting beaches are not present within the project area. Project construction will be confined to staging areas in the ferry terminal parking lot, lower beach and from barges in open water. The green sea turtle may forage in the waters of Pamlico Sound, however project construction will not reduce or interrupt foraging opportunities for the green sea turtle. The N.C. Natural Heritage Program data base of rare species and unique habitats was reviewed and revealed no records of green sea turtles in the project vicinity. Therefore, project construction will not effect the green sea turtle. Dermochelvs coriacea (leatherback sea turtle) E Animal Family: Dermochelydae Date Listed: 6/2/72 Distribution in N.C.: Brunswick, Carteret, Currituck, Dare, Hyde, New Hanover, Onslow, Pender. BIOLOGICAL CONCLUSION NO EFFECT Nesting beaches are not present within the project area. Project construction will be confined to staging areas in the ferry terminal parking lot, lower beach and from barges in open water. The leatherback turtle may forage in the waters of Pamlico Sound, however project construction will not reduce or interrupt foraging opportunities for the loggerhead turtle. The N.C. Natural Heritage Program data base of rare species and unique habitats was reviewed and revealed no records of leatherback turtles in the project vicinity. Therefore, project construction will not effect the leatherback turtle. Falco peregrinus (Peregrine falcon) E Animal Family: Falconidae Date Listed: 3/20/84 Distribution in N.C.: Avery, Brunswick, Burke, Carteret, Dare, Hyde, Jackson, Madison, New Hanover, Rutherford, Surry, Transylvania, Wilkes, Yancey. BIOLOGICAL CONCLUSION NO EFFECT Nesting habitat in the form of high cliffs, deciduous forests, bridges or skyscrapers does not exist within the project vicinity. The peregrine falcon may find foraging opportunities within the vicinity of the project, however project construction will not interrupt or reduce foraging habitat. The N.C. Natural Heritage data base of rare species and unique habitats was reviewed and revealed no records of the peregrine falcon in vicinity of the project. Therefore, project construction will not effect the peregrine falcon. 15 Felis concolor cou ar (eastern cougar) E Animal Family: Felidae Date Listed: 6/4/73 Distribution in N.C.: Brunswick, Buncombe, Carteret, Haywood, Montgomery, Onslow, Swain, Yancey. BIOLOGICAL CONCLUSION NO EFFECT Habitat in the form of large remote wilderness does not exist within the project area. The project area consists of the ferry terminal parking lot and the western jetty and associated waters of the Pamlico Sound. The N.C. Natural Heritage data base of rare species and unique habitats was reviewed and revealed no record of eastern cougars in the project vicinity. Therefore, project construction will not effect the eastern cougar. Haliaeetus leucocephalus (bald eagle) E Animal Family: Accipitridae Date Listed: 3/11/67 Distribution in N.C.: Anson, Beaufort, Brunswick, Carteret, Chatham, Chowan, Craven, Dare, Durham, Guilford, Hyde, Montgomery, New Hanover, Northhampton, Periquimans, Richmond, Stanley, Vance, Wake, Washington. BIOLOGICAL CONCLUSION NO EFFECT Nesting habitat in the form of large trees with a clear flight path to water does not exist within the project vicinity. Foraging opportunities for the bald eagle are present within Pamlico Sound, however project construction will not interrupt, interfere or reduce foraging opportunities for the bald eagle. The N.C. Natural Heritage Program data base of rare species and unique habitats was reviewed and revealed no records of the bald eagle in the protect vicinity. Therefore, project construction will not effect the bald eagle. LMidochelys kemnii (Kemp's ridley's sea turtle) E Animal Family: Cheloniidae Date Listed: 12/2/70 Distribution in N.C.: Beaufort, Bertie, Brunswick, Camden, Carteret, Chowan, Craven, Currituck, Dare, Hyde, New Hanover, Onslow, Pamilco, Pasquotank, Pender, Perquimans, Tyrrell, Washington. BIOLOGICAL CONCLUSION NO EFFECT Nesting beaches are not present within the project area. Project construction will be confined to staging areas in the ferry terminal parking lot, lower beach and from barges in open water. The Kemp's ridley sea turtle may forage in the waters of Pamlico Sound, however protect construction will not reduce or interrupt foraging opportunities for the turtle. The N.C. Natural Heritage Program data base of rare species and unique habitats was reviewed and revealed no records of Kemp's ridley sea turtles in the project vicinity. Therefore, project construction will not effect the Kemp's ridley sea turtle. 16 Picoides borealis red-cockaded woodpecker) E Animal Family: Picidae Date Listed: 10/13/70 Distribution in N.C.: Anson, Beaufort, Bertie, Bladen, Brunswick, Camden, Carteret, Chatham, Columbus, Craven, Cumberland, Dare, Duplin, Forsyth, Gates, Halifax, Harnett, Hertford, Hoke, Hyde, Johnston, Jones, Lee, Lenoir, Montgomery, Moore, Nash, New Hanover, Northhampton, Onslow, Orange, Pamlico, Pender, Perquimans, Pitt, Richmond, Robeson, Sampson, Scotland, Tyrrell, Wake, Wayne, Wilson. BIOLOGICAL CONCLUSION NO EFFECT Habitat in the form of old growth pine stands does not exist for the RCW within the project area or the project vicinity. The project study area consists of the ferry terminal parking lot, lower beach, the jetty and associated waters of Pamlico Sound. The project vicinity is largely composed of lower, upper beach and salt marsh communities. The N.C. Natural Heritage Program data base of rare species and unique habitats was reviewed and revealed no record of RCW in the project vicinity. Therefore, construction of the proposed project will not effect the RCW. Sterna doh dou allii (roseate tern) E Animal Family: Laridae Date Listed: 12/2/87 Distribution in N.C.: Carteret, Dare. BIOLOGICAL CONCLUSION NO EFFECT Suitable habitat in the form of isolated undisturbed islands with areas of preferred substrate and vegetative cover does not exist within the project area. The project area consists of the ferry terminal parking lot, lower beach, the jetty and associated waters of Pamlico Sound. Waters of the Pamlico Sound in the project area do provide suitable foraging habitat, however project construction will not interrupt, interfere or reduce foraging opportunities for the roseate tern. The N.C. Natural Heritage Program of rare species and unique habitats was reviewed and revealed no records of the roseate tern in the project vicinity. Therefore, project construction will not effect the roseate tern. Amaranthus up milus (sea-beach amaranth) T Plant Family: Amaranthaceae Federally Listed: Flowers Present: June to frost Distribution in N.C.: Brunswick, Carteret, Currituck, Dare, Hyde, New Hanover, Onslow, Pender. BIOLOGICAL CONCLUSION NO EFFECT Suitable habitat in the form of barrier beaches functioning in.a relatively dynamic and natural manner does not exist within the project study area. The project study area consists of the ferry terminal parking lot, lower beach, jetty and associated waters of Pamlico Sound. The project area was surveyed by NCDOT biologists Bruce Ellis and Dale Suiter and it was observed that suitable habitat is not present within the project area for the sea beach amaranth. The N.C. Natural Heritage Program data base of rare species and unique habitats was reviewed and revealed no listing of sea beach amaranth in the project vicinity. Therefore, project construction will not effect the sea beach amaranth. 17 Lysimachia asperulaefolia (rough-leaved loosestrife) E Plant Family: Primulaceae Federally Listed: June 12, 1987 Flowers Present: June Distribution in N.C.: Beaufort, Bladen, Brunswick, Carteret, Columbus, Cumberland, Hoke, Moore, Onslow, Pamlico, Pender, Richmond, Scotland. BIOLOGICAL CONCLUSION NO EFFECT Habitat in the form of ecotones between longleaf pine uplands, pond pine pocosins or Carolina bays does not exist within the project study area. The project study area consists of the ferry terminal parking lot, lower beach, the jetty and associated waters of Pamlico Sound. The N.C. Natural Heritage data base of rare species and unique habitats was reviewed and revealed no record of rough-leaved loosestrife within the project vicinity. Therefore, project construction will not effect rough-leaved loosestrife. e. Federal Candidate and State Listed Species There are 16 federal candidate (C2) species listed for Carteret County. Federal candidate species are not afforded federal protection under the Endangered Species Act and are not subject to any of ks provisions, including Section 7, until they are formally proposed or listed as Threatened or Endangered. Candidate 2 (C2) species are defined as organisms which are vulnerable to extinction although no sufficient data currently exist to warrant a listing of Endangered, Threatened, Proposed Endangered or Proposed Threatened. Organisms which are listed as Endangered (E), Threatened (T), or Special Concern (SC) by the North Carolina Heritage Program list of Rare Plant and Animal species are afforded state protection under the State Endangered Species Act and the North Carolina Plant Protection and Conservation Act of 1979. Table 3 lists federal candidate species, the species state status (if afforded state protection) and the existence of suitable habitat for each species in the study area. This species list is provided for information purposes as the status of these species may be upgraded in the future. A review of the N.C. Natural Heritage Program data base of rare species and unique habitats revealed that the entire north shore of Cedar Island is listed as an "Identified Priority Area". Also, areas east of the project area are listed as: "gull, tern and skimmer colony", an area of geological significance and the presence of Clark's melampus (Detracia clarki). Clark's melampus is a marine gastropod that is on the N.C. Natural Heritage Program Watch List (W3). The above mentioned unique habitats and rare specie are not located within the project area and therefore, project construction will have no effect upon these items. Surveys for the federal candidate species were not conducted during the site visit, nor were any of these species observed. A review of the N.C. Natural Heritage Program data base of rare species and unique habitats revealed no other records of North Carolina rare and protected species, or unique habitats in or near the project study area. 18 'T'able 3 -Federal Candidate Species: Carteret County Scientific Name Aimophila asestivals Ammodramus henslowii Laterallus jamaicensis Malaclemvs terrapin terra in Rana areolata capito Procambarus plumimanus Spartiniphaaa carterae Campylopus carolinae Carex chapmanii Dionaea muscipula Litsea aestivalis Mvri phyllum laxum Oxypolis ternata Solidaao up lchra Tofieldia lg abra Trichostema sp. Common Name Bachman's sparrow Henslow's sparrow Black rail Northern diamondback terrapin Carolina crawfish frog Croatan crayfish Carter's noctuid moth Savanna campylopus Chapman's sedge Venus flytrap Pondspice Loose watermilfoil Savanna cowbane Carolina goldenrod Smooth bog-asphodel Dune blue curls NC Status Habitat SC NO SR NO SR NO SC NO SC NO SR NO SR NO C NO W1 NO C-SC NO C NO T NO Wl NO E NO C NO C MARGINAL ------------------------------------------------------------------------------------------------ "*" No specimen found in Carteret County in twenty years. X. Agency Coordination During the planning study, contact was maintained with state and federal agencies. Written and telephonic coordination was made with the following agencies: U.S. Army Corps of Engineers - Wilmington, NC U. S. Coast Guard - Portsmouth, VA National Marine Fisheries Service N.C. Division of Marine Fisheries N.C. Division of Coastal Management N.C. Division of Environmental Management XL Basis for Environmental Assessment and Finding of No Significant Impact On the basis of planning and environmental studies, it has been determined that this project will not have significant detrimental effects upon the quality of the human or natural environment. The project has been reviewed by appropriate state and federal agencies, and no objections have been raised. As a result, it is concluded that an Environmental Assessment / Finding of No Significant Impact is applicable to this project. An Environmental Impact Statement will not be prepared for this project. 19 Figures i N, Rattan Y-j 1 Portsmouth ? .ay- Bay Cedar V sign c - Sou ver _ eOa 'CEDAR -4 CyOOJSUND 2 . .-.:Lola Su rsh 1n1e1 .? Imon _ t - A% ^ F_Y Itic _- '- ve dow -Seale s"1 " I U - k.:Stacy - 1 DTam 1n(et ,/El(rs owe p Dav'' Jc0,kh 27.N 1 r A -,Betti : ° e . 3 ry 0 Newport t0 uhnsC 1 ' ? f0 i)twa NF1lrston c 7 _ o2 Gpr I a FOR 1t 8 A. 2 rc ' Smyrna _j eh 0. 8 a ? e a '-Strplt; .. C yq - Pei 4 _ - ? ?` -?)Marshallherg ' • Mans h7ed GIOUGestlr OJT - ieautOfi o d "Pine Knoll-Shur - '? : ` S • l ? B pe Ation 4 •SLP°n HarkenrEr q ?$ it B l F° r e - d .1 «T Poi t s e each ° e Island I egld IndianyPath T e_ R-1' S L ?y . Q h N Be n L •.?Tapue lA(et AI am' , `? ac 1 11 or°ral An° Ra Isl! Rap°n°I 8e°ch Amu fh Attlu ''? We LOOKOUT LIGHTHOUSE Y A i41 1 c . 0 U N D __? G { sr 41 0 CEDAR ISLAND NATIONAL WROLIFE REFUGE C F 0 A R 12 1.6 ?j a 1388 ?. Pooff 0 IS Alet NORTH CAROLINA DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS PLANNING AND ENVIRONMENTAL BRANCH IMPROVEMENTS TO CEDAR ISLAND FERRY FACILITY CARTERET COUNTY T.1. P. PROJECT NO. F - 2416 0 mile - 1 FIG. 1 6 s ? ?s 6 j 6 s ? i _ _ asi .? w 6 a 6 i' X t ;s i t `' f[ N 1 t * T rr • ? .s t ° ? .Y a W ? s 6 a 6 a /...?; ? °x J • a t t g t F ? t 6 F : • s 40 s N j ^!f t ` f t NORTH CAROLINA DEPARTMENT OF s 1; OF TRANSPORTATION f j t DIVISION OF HIGHWAYS ` PLANNING AND ENVIRONMENTAL •" ?z BRANCH j/? i f IMPROVEMENTS a TO CEDAR ISLAND FERRY FACILITY ti CARTERET COUNTY T.1. P. PROJECT NO. F - 2416 2 0 feet 200 FIG. 3 0 S O V V `1 4- l k) Q ?? ' ! a C V ?07 ?y o j , It 1 ? 3 0 o?? F d GC ? ? Jv O? O ?O? pD 10 a o °Q ® o00 o ? LL C. 9 Q N LL , ° a zouw Z LL ww0Z N Ca mLLU p ?t >ZW W L E a d?OU 0Rm" p U 0: O Q a m z Ua ° 0?d zQaoa o w U O 00 x ?! N O? W 11 p ° p Q 'o Q Is V J O 0, C p - Q O o :' 0 I • x .fs Q Q 0 4 " to, V" ? d J? c 1? Ilk J LL A N} Z LL N , q LULU0Z . E- 0 M U 0 ? a j E x ? Q ? zoaa 0 w . U 0 (+) V a v . 4ti?w r ia+ Q b ?t c° W 00 ? ? o o O N t! vA 1 `?t oN\ fl w a i o. a F j? DIq ? ? ? ?f,? (??e pY e Q 0 ap <o - Q'p 0 1 y ? V 0 fLJV^ -, ? ° I Z 4 • V X o n • : q 1o h N`e ? o° 14 e +x, i O ill p oCt ??oe Doi ,? • aQ? a Q6 a F co LL LL >. r io c0 ) - 2 .? 0 ¢WD o cc ?zm ?? ? a Ua ? x zAw? o W U O f o F W ? U ti C9 LL w d u y N q N I'm q Ox0 q wWOZ U 7.? a E- z D dwd LL F, >zUl E ozz x m? aN?2 E ZZU pC? d Qa QUa niF ow _ z qax w F= oin 0 ii u w J U N I 1 I 0 b Ln O I S. 6 O co N ? .I Q •1 d o Q ° QO Z C,I ?a C?Q ?L? N w ?? ?? N cil p 1?- 1 f N N r W I W ui ?O "? o d 0 l?, \ C oc ? ? ?N ? ` O o 0 t WV ---a Z Z'z w cs- 0 w z: z J H h°- • o co W w LL Lr5 ? 0 a ?? a N + LL > (? ?~ N>= ZLL / W ?OC?7Q wwOZ U? / .4 E- 77..? 2LL 0 CC >zw / U0OC7 mJ WO r C) ?CL U) ?- M xaa => a[ ? x ava oW 0 A z oom U u u . C) :- J Q ? y x to La / a ? Q 40 CD 0 \ 1 x•5:1 .? ° `? k can - O O CZ5 a p e W1 VN c?N? x ?°- i g 0 _ Ln 4- IL CC o a ' o LLt N Z > ti ?? LO _ a ?+ w J O ? • O 0 ILO O O) + 00 r O i I ` t0 d ' Q L7cS Q? . I M x N U] p U a A 3 zzw ??zLL L 00 p ULU gu,U f. z >ZWw 10; o0 uozz ~U C m1 y- a FC A? O GQ oUa Wr Ow z awe W c n U i r u W J Q V N 01 CO C3 CD J O J d0- OY ' c U/? 0 CC ? . i 1 <Co Q.Ot , ^ ??" ?' w W a; 1 Lai ^ X LI x I' v ", - i t. c o 0 { LL LO In '/ ?a LL >N + i ! j. zozw w woz U. '. V UE?Gi. >Z W W .j 04w8 M CL L4 0 L) r a v N J ? I, 1 tnol C? NA I 1r a ?N cn ? Idl ??4 4 ?. I ? t Q ` v1 ,? t Lt11 1 f F IL 0 o ?. ?.: ! f ?9 CSC d j 1 W O Qi 1 C/7 C\i I , CC) 0 0 o o Appendix A Permit Class 4th Renewal Main enance 10 STATE OF NORTH CAROLINA Department of Natural Resoiiice3 and,Community Development l? r? •.? for 71 --- MajorAvelop_friintin?hn e' Zvonmental Conceifi pt}rsuinl td_Af 3 ` ""fit I I Al -? Excavation'ana/or Fd7uig•0,rs`uahi to NCGS 113-229 Issued to_N•C. Dept. of Transportation, Ferry Div., Rrn 116, Maritime Bldg., 113 Arendel l Ave. authorizing development in Carteret -County at Cedar Island Ferry Offraa ?'zy,iv?, 4=1 as requested in the permittee's application dated 6/6/85 including attached plats, sheets 1-2 of 2, location map and proposed dredging dated rec 6/12/85 % •1 q E> This permit, issued on . , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these temis may subject permittee to a fine, imprisonment or civil action; or may cause the permit to be null and void. (1) The disposal area effluent will be contained by pipe, trough or similar device to a point at or below the MLW mark to prevent gully erosion and resultant unnecessary siltation. (2) The terminal end of the pipeline will be positioned at or greater than 50' from any part of the dike and a maximum distance from spillways to allow adequate settlement of suspended solids. (3) A water control structure will be installed at the intake end of the effluent pipe so as to assure compliance with Condition No. 4. (4) The activity will be conducted in such a manner as to prevent significant increase in turbidity outside of the area of construction or construction-rela- .ted discharge. This permit action may he appealed by the pemmittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance, as the case may be. Ibis permit must be accessible on-site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Departmental approval. All work must cease when the permit expires on June 30, 1996 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DNRCD and the Chairman of the Coastal Resources Commission. 1 I Ir, / I . 1 i David W. Owens, Director Division of Coastal Management This permit and its conditions are hereby accepted. Permit Number 9-73 of Permittee APPLICATION FOR PERMIT TO EXCAVATE AND/OR FILL WATER QUALITY CERTIFICATION EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVELOPMENT Department of Administration state of North Carolina Department of the Army (GS,46-12) Department of Natural Resources and Community Development Corps of Engineers, Wilmington District (GS 113-229,143-215.3(a)(1), 143.215.3(c), 113A-t13 (33 CFR 209.320-329) Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank. 1. Applicant Information A. Name a n of ans ortation-Fer Division Last First Middle B. Address-ROOM 116, Maritime Building, 113 Arendell Street 11. 4. Other length___width depth C. I. Bulkhead length NA Average distance waterward of MHW (shoreline) 2. Type of bulkhead construction (material) NA D. Excavated material (total for project) 1. Cubic yards 10, 000 cy 2. Type of material E. Fill material to be placed below MHW (see also VI. A) 1. Cubic yards NA 2. Type of material Street, P. O. Box or Route Morehead City, NC 28557 (919) 726-6446 City or Town State Zip Code Phone Location of Proposed Project: A. County- Carteret B. I. City. town, community or landmark Cedar Island Ferry Terminal 2. Is proposed work within city limits? Yes No I C. Creek, river, sound or bay upon which project is located or nearest named body of water to project Pamli co Sound Description of Project A. 1. Maintenance of existing project - X 2. New work B. Purpose of excavation or fill 1. Access channel 130 t length 15._ 0_ width-10MSL depth 2. Boat basin length width -depth 3. Fill area length_width depth IV. Land Type, Disposal Area, and Construction Equipment: S. Does the disposal area include any marshland, swamps-or other wetland? A. Does the area to be excavated include any marshland, swamps or other wetland? Yes - No ..I C. Disposal Area 1. Location- On high jzround 2. Do you claim tale to d(spo:W Area?_ D. Fill material source if fill is to be trucked in adjacent to basin Yes No I E. How will excavated material be entrapped and erosion controlled? Dikes F. Typc of equipment to be used Hydraulic dredge G. Will marshland be crossed in transporting equipment to project site? If yes, explain No D& F-81 Rev. 10/7g V. • Intended Use of Project Area (Describe) A. 1. Private 2. Commercial 3. Housing Development or Industrial 4. Other State owned ferrv B. 1. Lot size(s) NA tX. X. 2. Elevation of lot(s) above mean high water-NA 3. Soil type and texture NA 4. Type of building facilities or structures CIA S. Sewage disposal and/or waste water treatment A. Existing NA Planned B. Describe 6. (Land Classification'(circle one) DEVELOPED TRANSITIONAL COMMUNITY RURAL CONSERVATION OTHER (See CAMA Local Land Use Plan Synopsis) VI. Pertaining to Fill and Water Quality: A. Does the proposed project involve the placement of.fill materials below mean high water? Yes No. X B. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the area following project completion? Yes X No 2. Typeofdischirge Water from dredaPd sand-slur= 3. Location of discharge See sketch VII. Present rate of shoreline erosion (if known): Unknown Vill. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State work In project area, a "t.T^e% ^^ •' - - - - - - permits for applicable: Length of time required to complete project: 30 days In addition to the completed applicati m form, the following items must be provided: A. Attach a copy of the deed (with State application only) or other instrument under which applicant claims title to the affected property. OR if applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title plus written permission from the owner to carry out the project on his land. B. Attach an accurate work plat drawn to scale on 8% X 11" white paper (see instruction booklet for details). Npte: Origin drawings preferred - only high quality copies accepted. C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or certified mail or by publication (G.S.113-229 (d))Enter date served D. List names and complete addresses of the riparian landowners with property adjoining applicant's. Such owners have 30 days in which to submit comments to agencies listed below. Clayton Fulcher, Jr. - Atlantic - -XI. -Certification requirement: 1 certify that to the best of my knowledge. the proposed activity complies with the State of North Carolina's approved coastal management program and will be conducted in a r manner consistent with such program. XII. Any permit issued pursuant to this application will allow only the development described in this appli- cation and plat. Applicants should therefore describe in the application and plat all anticipated devel- opment activities, including construction, excavation, filling, aro land c ar g. ?-1 DATE 06/ 06185- Applicant's Signature D& F-82 Rev. 10/78 SEE REVERSE SIDE FOR MAILING INSTRUCTIONS P A H L I C O S O U N t! w y PROTECT SL= ? .o.o pow Ilk. ': NwflO.Ml wltDUrr'-q µ, •.66', t Coma swe if'x E r i c. O ?? A t ` w . ., Y 6 co lb ci /jt Pope o pa-W " G _ v O r POP. 9" /_?\ Sao A sCALM VICINITY MAP N. C. DEPARTMENT OF TIUNSPORTATION ?XM NORTH CAROLINA D.O.T. M7ISION OF HIC IWAYS CAR=T COUNTY CAR=T COUNTY MAP PROPOSED MAINMIMICE DREDGING AT.THE CEDAR ISLAIW FERFX TERMINAL SEPTc.Iu. R, 1978 STMT / OF _12 SID E TS . I . , a? - ?-' I I tl ?.. H r D O * s iN - o A ? 2; ?o = . ?1 ? 2 1 O o " ^ log V• ? o 0 o c p • ' O O 0 Z O O O A i I 1 , • 1 FEB-29-1996 10:03 FROM EHNR W I LM REG OFFICE TO B-919-733-9959 P.01 State of North Calrolma i)epartment of Faavaw==, Health, and Natural Resources I Wilmington Regionai Office James B. Hunt, Governor _ Dona D. Howes, seeretary FAX COVER DATE: c?• a2P- 57 „ .J. j TO: CO: NO. OF PAGES FFIOM: CO: FAX #: ' at 9 . REMARKS: FAX #: 127 Cardinal Drive Lxuwkm, R?ilmicg0a, N.C. 28405-3845 * Telephone (910) $95,3400 + Paz (910) 350-7004 An Equal 0000 tunny AfBm'a m&o Aotioa EmPlom FEB-29-19% 1004 FROM EHNR W I LM REG OFFICE TO 8-919-733-9959 P.02 DIMION OF ENVIRONAOIN 'SAL MANAGE ENT r Do*-- February 29, V% To: John Dorsey From: James H. Gregson JW,,, W' ' ,glen Rqt ad Office 7brough: Dave Adidns4' 141, ' WIW2bWWA Regional Office Subject: NC DOT Cedar Island berry Terminal DEW Project #960081 Carwrot Counly We gabmitted commmu on the CAMA Pem dt appbmdon for the subject project ova February X3,1996. Charles Jows ink oooued me several days ago that SheWAsh Sa tion would be recowwwdimg addNwal closure of the waters ammid the proposed bads epansion. He indicated, and I concurred, that the prajed would need a Use Attainabffity Analysis. It is my understanding that the existing closed area will increase by approximately 5 acres. Please find the attached Use Attainability Analysis for your review. JHG:960081.UAA Cc: Wilmington Regional Office Flies central Files Charles Jones FEB-29-1996 1004 FROM EHNR WILM REG OFFICE TO 8-919-733-9969 P.03 • Tb: John Dorney. Pla=ing Branch DXV'1910N OF =VS?tOI?iTAL =1=12u m Use Attainability Analyaia for Proposed Marina Projects in Class 519 Paters (Check all Appropriate Boxes or fill in Slacks) Project Name: NC DOT Cedar Island Ferry Terudnal DEN Project #960081 Section 1. Project Description A. _._Pew Marina _Marina Bxpansi.on S. .NQW Sarin (dug out of high ground) (Include specifications and sketch.) X Existing Basin Expansion (Include specifications and sketch.) JLNatural Waters Others (Please describe below.) C. Proposed No. Blips A Existting No. Slips ,--.I D. .Comercial Marina rivate Marina Publicly Owned Marina LOther (Please describe below'.) E. Description of Any Uniq'ae Characteristics' or Operational Proposals. FEB-29-1996 1004 FROM EHNR WILM REG OFFICE TO B-919-733-9969 P.04 Section II. Baisting Qea Determination (for waters outside marina basins) A. Closure Status (check one) Open Waters .Closed Paters (by data) Date Closed B. Will the proposed project result in any additional closed acreage? (please attach analysis showing calculations for area of closure.) JLYes -_No _„`Not Clear C. Does the area to be effected by any closure have any significant shellfish resources?, _„_Yes N NO "Unknown Briefly provide description of resource and any other characteristics. See Attached -Memo from David maylQr__ D. Has the area to be impacted by the proposed project been available for shellfish harvesting and has shellfish harvesting occurred since November 28, 1975? es _1...No „Unknown B. Is the entire area to be impacted by the proposed project currently unavailable for shellfiabing because of the DES Drina Rule or other irretrievable man induced impact? es N.No If yes, briefly describe below. FEB-29-1996 1005 FROM EHNR WILM REG OFFICE TO 8-919-733-9959 P.05 M ' section III. Attainebia Use Dete3nain*tion (To be CoMleted Only if the "SWer to TI.A is Closed Waters (y Dgtikl, and if the answers to'1I.C and II.D are- NO). A. What are the major sources of pollution causing the closure? B. What actions are required to reduce or eliminate these existing sources of pollution? can the areas be expected to be open for shellfishing given reasonable efforts to control the existing sources of pollution? Explain. section I9. Project Decision A. Recomonend Project Denial .There has been a recent shelifishing use (Answer to II.D is Yaa) and the area is not currently irretrievably closed (answer to 11.E is NN). OR Shellfishing is a reasonably attainable use according to Section III. OR .Insufficient information (Answers to II.C and/or 11.D are fin) B. Recommend Project Approval JLThere has not been a recent shelifishing use (Answer to II.D is No) and shellfishing is not a reasonably attainable use according to Section III% on .,The entire area is irretrievably lost to shellfishing as a result of the DNS Rule or other irreversible man-induced impact (Answer to ME is Xsa) FEB-29-19% 1005 FROM EHNR WILM REG OFFICE TO 8-919-733-9969 P.06 C. Conditions to be Included in, the permit (check appropriately} Pump-out Facilities Only Boats W/o Heads _Locked-Head Policy `NO Transient Docking „moo Live-Aboards D. What additional information is required to make an informed permit decision? Thin analysis and reaommeemdstion ban been preparAe by 'Me Wi3mingtOn Regional Of i c ate This evaluation of attar n- ility of shellfish uses in the staters in the vicinity of kamli2o o n is approved by: Water Quality section Date Director's Office ate A. Preston HOward, Jr. , P . S . Director FEB-29-1996 10:05 FROM EHNR W I LM REG OFFICE TO B-919-733-9959 P.07 DEPARTMENT OF EMMONMMENT, HEALTH & NATURAL RMOLTAM D ON OF COASTAL biMAG T A=o MORE BEAD C= OFFICE. U41 ARMwELL SnzET, MApjM FrS S BUJIMING E. O. Box 769 1'40REEIPAD C= NC 28597 TO: OFFICE: `-r TH[.HPHONE #: L,_ _ FAX r 1 FROM: OFFICL MLEP HONE #: ZM 72 7 FAX #: [919124?-333 DAVE: ??assess??ps saorTSM7esleflee=wess?lssas?ds?ssaam==MOM=MMft MW ftmw RP-- TOTAL NtMBER OF FAGrFS Il\TCLt ?dG ERAS ; FEB-29-1996 1006 FROM EHNR W I LM REG OFFICE StmtG Of !North Carvllna ' DOP4 tment of Environment, N081th and Natural Resources D'ndaion of Marine Fisheries James B. Hunt, Jr., Governor Joaatherl 6. Howes. Secrrotary Erme L. Freeman, Directer PtSROWDUR TO: FROM! DATE: SWEAT: Jim crogson David L. Taylor February 27, 1995 ce"T Island Fsrry TO=-"* ZI41 Expansion klirz PA EF--IN R This Is-'In reWd to the Use Attainability Analysis for the proposed widsnin$ Of the access channel to the Cedar Island Ferry Terminal. The present additional. pox a y area setoa, b& grailsafgectad by the expansion has no shellfish resources . The area h" been available for shellfish harvest: since 1975, but due to the shallow nature of the bottom and the shifting sand substrate, no hirvest has occurred because or the lack of CIMas, oysters, scallops or rivssels there. 1 hope thfs information'hales yoL iu Your ssseseient. If you have further questtans, please call me at 1-$00_662.2632.. P.O, kX 769. Morehead City, North Csr06na 2$557-9769 Telephone 919.726-7021 PAX 919-726.0254 Aa fta' OQpOltunity Aftinlladve Aeon Emtllowr 5098 recvciedt lo% nneNnnnsrtmn, nM?br TYTTAf h nn TOTAL P.08 TO 8-919-733-9959 P.08 ?rz v z?117 62 IMPORTANT To Date Time WHILE YOU WERE OUT M of Phone AREA CODE NUMBER EXTENSION Message Signed TELEPHONED PLEASE CALL CALLED TO SEE YOU WILL CALL AGAIN WANTS TO SEE YOU URGENT RETURNED YOUR CALL N.C. Dept. of Environment, Health, and Natural Resources