19971007 Ver 1_COMPLETE FILE_19920101

Environmental Review -Traeking ?heet
DWQ Water Quality'SectioiRECEIVED
Date: qo i`tt z iy9?
MEMORANDUM ENVIROW&NtALSU ENCES
BRANCH
TO: Env. Sciences Branch (WQ Labl"
O Trish MacPherson (end. sps)
O Kathy Herring (forest/ORW/HQW)
O Larry Ausley (ecosystems)
O Matt Mathews (toxicology)
O Jay Sauber (intensive survey)
Non-Discharge Branch (Archdale 9th)
O Kim Colson (Permitting)
Wetlands (WQ Lab)
O John Dorney (Corps, 401)
O Cyndi Bell (DOT)
p lizric Galamb
nc Fleek
DENR # q9 050(0
DWQ # i 18).3
Reg / rg Mgmt Coordination Branch
O E Buchen (Archdale 9th)
O Brent McDonald (Archdale 12th)
Regional Water Quality Supervisors
O Asheville O Mooresville O Washington
O Fayetteville O Raleigh O Wilmington
O Winston -Salem
Planning _Branch (Archdale 6th)
O Alan Clark (basinwide planning)
O Boyd DeVane (classifications & standards)
0 Beth McGee (management planning)
O Steve Zoufaly (reclassifications)
O Ruth Swanek (modeling) (Archdale 9th)
Point Source Branch (Archdale 9th)
0 Dave Goodrich (NPDES) O
0 Bradley Bennett (Stormwater) O
0 Tom Poe (Pretreatment) (Archdale 7th) O
FROM:
PROJECT:
helle S ve? Regional / Program Management Coordination Branch
c
t Attached is a copy of the above document. Subject to the requirements of the North Carolina Environmental
Policy Act, you are being asked to review the document for potential significant impacts to the environment,
especially pertinent to your jurisdiction, level of expertise or permit authority. Please check the appropriate
box below and return this form to me along with your written comments, if any, by the date indicated.
RESPONSE DEADLINE:

3 U,_/l3 1 ]
NO COMMENT COMMENTS ATTACHED
Namc: G
Date:
Thank you for your assistance. Suggestions for streamlining this process are greatly appreciated!
Notes:
I can be reached at:
phone: [phone], ext. 567
fax: [phone] e-mail: [e-mail]
inls.Acircmenw - mac version
February 9, 1998
fi Vk,
MEMORANDUM
TO: Michelle Suverkrubbe
THROUGH: John Dorney
FROM: Eric Fleek
SUBJECT: Battery Island Bird Preserve Beach Restoration/Stabilization (Scoping Letter Comments)
(DENR# 98-0466, DWQ# 11941)
Based on a review of the January 23, 1998 scoping letter regarding the preservation and stabilization of
Battery Island the 401/Wetland Group offer the following comments:
1) The project (as detailed in the letter) proposes to install rock riprap, geo-tubes, treated wood, or sheet
piling bulkheads along the Battery Island shoreline and then backfill landward of these structures with
an estimated restored area of 5.7 acres. DWQ will require information regarding the current state of
these eroded areas (i.e., are they now coastal marsh?, are they SAVs?, are they shallow water?, are
there shellfish in these areas?, etc... ). These questions must be addressed in future correspondences.
2) If there are habitat types as discussed above, then DWQ would likely require minimization/avoidance
measures to be taken. For instance is all 5.7 acres of nesting habitat to be restored necessary to
maintain current or past levels of birds? Would less than 5.7 acres of restoration still accomplish the
same goal? Would stabilizing the island at its current areal extent (without restoration) still support a
vigorous avian community similar to pre-erosion levels? Data demonstrating a decline in population
and/or recruitment of nesting (and non-nesting) birds related to the loss of the 60 feet of shoreline (and
the corresponding loss of nest-supporting red cedars/ yaupons) would be extremely useful.
3) Since Battery Island is a Bird Preservation/Nature Reserve, DWQ would recommend the use of
bioengineering practices as much as possible for the stabilization/restoration efforts to maintain
continuity and consistency with the Island's natural heritage.

If there are any questions regarding this matter, please feel free to call at [phone].

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Roger N. Schecter, Director
980103
MEMORANDUM
K y ?1 F 1it•
A"n" won" 00.
QE H FZ
01/27/98
To: Mr. John R. Dorney
NC DEN&NR
Division of Water Quality
P.O. Box 27687
Raleigh, NC 27611
From: Steve Benton, Consistency Coordinator
P a
Subject: Project Number DCM98-02, Dated 01123198
Scoping: Restoration of Bird Habitat, Battery Island
Proposed by: U.S. Army Corps of Engineers in Brunswick County
The above listed document is being circulated to you for review
and comment by 02118198.
Type of Review Requested:
_ General Comments / FYI
_ Determination of Permits Needed / Local Land Use Plan Issues
_ NEPA / NCEPA Comments
Preliminary Federal / State Consistency Comments
Federal / State Consistency Comments
Please contact me before the response due date if additional
review time is needed. Thank you.
REPLY This office objects to the project as proposed.
Comments on this project are attached.
This office supports the project proposal.
No Comment.
Signed
P.O. Box 27687, Raleigh, North Carolina 276 kf g87 Telephone [phone]
An Equal Opportunity Affirmative Action Employer 50% Recycled 1 10" Post-eansume. Pape.

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
,NFEpLY?,TO January 23, 1998
Environmental Resources Section
nECEIV ED
COASTAL MANAGEMENT
Dear Madam or Sir:
We are conducting studies for the preparation of an Environmental Assessment
(EA) for the proposed restoration and preservation of the bird habitat on Battery Island,
near Southport, Brunswick County, North Carolina.
Battery Island (see figure 1) is located in the Cape Fear River, approximately
0.5 mile east of Southport and 24 miles south of Wilmington, North Carolina. Battery
Island is adjacent to the navigation-channel and is approximately.100 acres in total
area. Two upland bird nesting areas exist (see figure 2). The "North Colony," area is
approximately 3 acres and is vegetatived with live oak (Quercus virginiana), yaupon
(Ilex vomitoria), red cedar (Juniperus virginiana) and marsh elder (Iva frutescens).
The "South Colony, area is approximately 7 acres and is vegetatived with red cedar,
yaupon, marsh elder, Hercules club (Xanthoxylum clava-herculis), black cherry (Prunus
serotina), and white mulberry (Morus alba). The remainder of the island is saltmarsh
dominated by cordgrass (Spartina alterniflora). The North Colony is natural but
appears to have been modified in the past by placement of dredged material. The
South Colony was created by undiked deposition of dredged material. The island has
not received any dredged material in at least 25 years.
Battery Island is widely recognized as an avian landmark and is considered.to be
the largest heronry in North Carolina. Located in the lower Cape Fear River, east of
Southport, this island is a haven for birds throughout the year, but it is most noted for
the long-legged waders that occupy the island during the spring and summer months.
Each spring, thousands of wading birds (herons, egrets, and ibises) gather on the
island to nest and to raise their young. This annual rite of spring has taken place.since
at least 1928, when wading birds were first reported nesting on the island. Batt ery
Island is the only nesting site within 100 miles (between Bogue Sound, North Carolina,.
and the North Carolina/South Carolina State line) that is capable of supporting such a

-2-
large colony of wading birds. Moreover, the island supports ten species of wading
birds, three of which are state-listed as species of special concern"- little blue,heron,
snowy egret, and glossy ibis. In addition, Battery Island supports over 90 percent of
North Carolina's nesting white ibises.
Battery Island is owned by the State of North Carolina. Since 1992, the National
Audubon Society has a long-tern (50-year) lease on this site and maintains it as a
sanctuary. Battery Island is a protected Colonial Waterbird Management Site. The
island is posted off-limits to all visitors from March 1 to September 1 and is patrolled
throughout the year. At other times of the year, activities that would jeopardize the
nesting habitat are prohibited (i.e., fires, camping, cutting or removal of vegetation,
etc.).
In recent years, Battery Island's southern and western shorelines have
experienced severe erosion. It is estimated that up to 60 feet of the southern and
western shorelines of the island have been lost in the past 5 years (since about 1993).
This equates to an average rate of erosion of about 12 feet per year. The erosion has
already claimed red cedars and yaupons that once supported nesting wading birds,
and other areas are threatened. Moreover, erosion has also claimed most of the beach
where oystercatchers once nested. Stabilization of Battery island's shoreline is
necessary to prevent the further loss of this valuable bird nesting habitat.
With the cooperation of the National Audubon Society, the Wilmington District,
U.S. Army Corps of Engineers, and the North Carolina Department of Environment
and Natural Resources, Division of Water Resources, are planning to stabilize and to
restore the western and southern shorelines of Battery Island to its condition prior to
1993. Methods of stabilization may include (but not limited to) the construction and/or
installation of rock riprap, geo-tubes (large sand bags), treated wood, or sheet piling
bulkheads (see figure 2). Once the retaining wall has been constructed, the area
landward of the wall will be backfilled. The project may restore up to. 5.7 acres of
valuable colonial bird nesting habitat.
We are requesting comments from agencies,. interest groups, and the public to
identify significant resources, issues of concern, and recommendations for studies
considered necessary. Comments received, as a result of this scoping letter, will be
considered as we conduct our studies and identify potential impacts on environmental
quality. These items will be addressed, as needed, in the EA.
-3-
Significant resources which may be affected by the proposed project may include
historic resources, recreational and esthetic resources, endangered and threatened
species, fish and wildlife resources, water quality, and estuarine and upland habitats.
These resources will be considered during the National Environmental Policy Act
(NEPA) process. No formal scoping meetings are planned at this time. However,
based on the responses received, scoping meetings may be held with specific agencies
or individuals as required.
We request that you provide written comments on any of these matters within
30 days from the date of this letter. Comments should be addressed to Mr. Hugh
Heine, U.S. Army Corps of Engineers, Wilmington District, Post Office Box 1890,
Wilmington, North Carolina 28402-1890. If you have any questions, please contact
Mr. Heine at [phone] or e-mail address [e-mail].
Sincerely,
UJ - &-a
W. Coleman Long
Chief, Planning and
Environmental Branch
Enclosures

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US Army Corps
of Engineers.
Wilmington District

FINDING OF NO SIGNIFICANT IMPACT
FOR
MAINTENANCE DREDGING
OF
AVON HARBOR
DARE COUNTY, NORTH CAROLINA
DECEMBER 1997
4
4
F.?
/'
FINDING OF NO SIGNIFICANT IMPACT
(FONSI)
1

MAINTENANCE DREDGING OF AVON HARBOR
DARE COUNTY, NORTH CAROLINA
DECEMBER 1997
Table of Contents
Section
Page No.
1.00 INTRODUCTION ................................................................................................... 1
2.00 DESCRIPTION OF PROPOSED ACTION ............................................................. 1
3.00 INCORPORATION BY REFERENCE .................................................................... 2
4.00 PUBLIC AND AGENCY COORDINATION ............................................................. 2
5.00 RESULTS OF PUBLIC AND AGENCY COORDINATION ...................................... 2
6.00 ENDANGERED AND THREATENED SPECIES .................................................... 6
7.00 ENVIRONMENTAL COMMITMENTS .................................................................... 6
8.00 ENVIRONMENTAL IMPACTS ............................................................................... 7
9.00 FINDING OF NO SIGNIFICANT IMPACT .............................................................. 7
List of Figures
FIGURE 1. Avon Harbor, North Carolina
FIGURE 2. Proposed Upland Diked Disposal Site, Avon, North Carolina
List of Attachments
ATTACHMENT 1. NEPA Comments.
ATTACHMENT 2. Excerpt from Specifications for Maintenance Dredging

FINDING OF NO SIGNIFICANT IMPACT =
(FONSI)
MAINTENANCE DREDGING OF AVON HARBOR
DARE COUNTY, NORTH CAROLINA
DECEMBER 1997
1.00 INTRODUCTION
Avon Harbor, located in Pamlico Sound, along the Outer Banks of North Carolina,
requires maintenance dredging to restore the harbor to its previously authorized project
depth (Figure 1). The dredged material will be placed in the upland diked disposal site
(Figure 2) that was addressed in the Environmental Assessment.. Maintenance
Dredging Of Avon Harbor Dare County North Carolina, October 1997.
2.00 DESCRIPTION OF PROPOSED ACTION
The proposed action involves the maintenance dredging of shoals lying above the
plane of 8 feet below mean low water (m.l.w.)(-6 feet m.l.w. plus 2 feet) within the
designated limits of the authorized basin, out to navigation beacon No. 8 (entrance
channel). Dredging will be accomplished by a hydraulic pipeline dredge. The-dredged
material, which consists of approximately 20,000 cubic yards of inorganic silt, will be
discharged into the upland diked disposal site. Dredging will take place between
November 1 and February 28 of any given year to minimize impacts to significant
resources.
Bottom sediments from Avon Harbor. were sampled on July 29, 1994, to make a
determination regarding the suitability of dredged material for beach disposal. Grain
size analysis indicated that sediments from Avon Harbor contained approximately 31
percent sand, were fine-grained, and considered unacceptable for beach disposal. For
this reason, all dredged material from Avon Harbor will be placed in the designated
upland diked disposal site (Figure 2).
The proposed upland diked disposal site is approximately 3 acres in size. The
dike surrounding the upland disposal site will be approximately 6 feet above m.l.w. and
will be constructed in a manner to guarantee a minimum of 2 feet of freeboard during
operations. The dike will be seeded and grassed in accordance with a Sedimentation
and Erosion Control Plana
Equipment (bulldozers, etc.), which may be required for construction of the dike,
including the placement of an effluent weir and outlet pipe, will be on- and off-loaded so
as to avoid impacts to wetlands. The effluent pipe will be extended waterward of
National Marine Fisheries Service, letter of October 20, 1997
COMMENT: Since the dredging will be accomplished by use of a pipeline dredge with
upland disposal, the impacts on fishery resources should be minimal. The EA
adequately describes the impacts of this project on fishery resources under our
purview. Therefore, we will offer no further comments or recommendations.
RESPONSE: Noted.
U S Environmental Protection Agency, letter of October 27, 1997
COMMENT: Given the biological importance of the submerged aquatic vegetation
(SAV) habitat and its potential for even incidental harm from this project, we believe that
the District should formulate the deliverables of the construction contract such that
bidders will be required to protect this valuable resource by all practicable means.
RESPONSE:. See attachment 2, which contains an excerpt from the U. S. Army Corps
of Engineers' specifications for maintenance dredging. Specifically, see Section 2.3.16,
Protection of Water Resources and Wetlands, Section 2.3.17, Protection of Fish and
Wildlife Resources, and Section 2.3.19, Protection and Restoration of Landscape and
Marine Vegetation Damages. In addition, a pre-work conference will be conducted.
The pre-work conference will give the contractor and representatives from the Corps an
opportunity to discuss important aspects of the project, such,as the protection of SAV.
During the conference, we will inform the contractor of the occurrence of SAV in the
project vicinity, its importance as a fishery habitat, and the importance of protecting the
habitat. Further, the contractor will be instructed to route pipelines, where practicable,
so as to avoid SAV.
COMMENT: The economic benefits associated with maintaining channel depths are
adequately explained; however, there needs to be some consideration given to the
natural environment, i.e., replacing the wetlands lost in constructing the disposal site.
Once again, we will leave the details as to how and where to best restore the functional
values of this vegetation type to your staff, but believe it should be done.
RESPONSE: We disagree. The isolated wetland that may be impacted by the project
is covered under Nationwide Permit #26, Headwaters and Isolated Waters Discharges.
Mitigation for this type of wetland is not required.
COMMENT: If groundwater movement is, in fact, from east to west, then contamination
of adjacent wells should not be a problem. However, if problems do result, what are the
options for affected homeowners?
RESPONSE: As was stated in the EA, past groundwater monitoring indicates that
groundwater flow is from east to west. Therefore, the probability of the project
impacting groundwater resources is very, very remote. In addition, to date, there are no -
homes in the project vicinity that obtain their water from shallow water wells.
COMMENT: With these enjoinders in effect coupled with the absence of any other
apparent and/or compelling adverse effects attendant to the action we have no
significant objections to the use of an EA as the evaluation model rather than the more
comprehensive environmental impact statement format.
RESPONSE: Noted.
Department of Health and Human Services, letter dated November 5, 1997
COMMENT: We believe our potential concerns have been generally addressed in this
EA, and we concur with the recommended activities and the FONSI.
RESPONSE: Noted.
North Carolina Department of Cultural Resources, letter dated November 12, 1997
COMMENT: In our underwater research files we have references to extensive maritime
activities and shipwreck losses in the general vicinity; therefore, much of the project
area holds a high potential for containing submerged cultural resources. However,
since this project concerns maintenance dredging within controlled and previously
dredged channels, we recommend no archaeological investigation be conducted.
RESPONSE: Agreed.
COMMENT: We would like to notify you that this project should be undertaken with
caution. If during construction submerged archaeological materials are encountered,
such as shipwreck remains, it is the responsibility of the Army Corps of Engineers-
Wilmington District to notify this office immediately, pursuant to Section 106 of the
National Historic Preservation Act of 1966.
RESPONSE: Agreed. As stated in Section 01430, Environmental and Cultural
Resource Protection, of the Corps' specifications for maintenance dredging, "in the
event that the contractor makes an unanticipated discovery or contact with a shipwreck
or other historic cultural resource, the Contractor will suspend dredging operations in
the vicinity of contact or discovery, will immediately record the location of the contact or
discovery, will immediately notify the Contracting Officer or designated representative,
and will preserve any recovered cultural material until it can be inspected by the
appropriate authorities." The Corps would then contact the North Carolina Department
of Cultural Resources, so that appropriate actions, pursuant to Section 106 of the
National Historic Preservation Act of 1966, as amended, could be initiated.
4
North Carolina Division of Water Quality, letter of November 18, 1997 -
COMMENT: The Division of Water Quality does not anticipate any major problems with
this project. Conditions likely to be included in the 401 Water Quality Certification
include routing the pipeline in such a manner so that it does not intersect any SAV's or
wetland areas.
RESPONSE: Noted. SAV's and wetlands will be avoided to the greatest extent
practicable.
North Carolina Division of Coastal Management, letter of November 13, 1997
COMMENT: The project proposal is consistent with the Dare County Land Use Plan,
both earlier and current County amended policy, the project is not in conflict with the
Land Use Plan.
RESPONSE: Noted.
North Carolina Wildlife Resources Commission, letter of November 12, 1997
COMMENT: Large areas of coastal marsh exist between Avon Harbor and the
proposed disposal site. The EA did not specify where the dredge pipeline would be
located and if it would impact wetlands. The EA did not indicate a retention time for the
disposal area or where the discharge pipe would be located.'' Review of this document
is incomplete without the above information but we will not oppose permit issuance as
long as the permit included the following conditions:
Any wetland impacted outside of the authorized nationwide permit 26 should be
returned to natural conditions immediately.
Adequate precautions should be taken to avoid turbidity plumes in Pamlico Sound.
RESPONSE. Due to the planned location of the dredge pipeline, the large areas of
coastal marsh that exist between Avon Harbor and the proposed disposal site will not
be impacted by the proposed project. In addition, no wetland outside the area
authorized by Nationwide Permit 26 will be impacted by the project. With regard to
pipeline placement, an unnamed creek, that is adjacent to the disposal site and which
flows into Pamlico Sound, will be used as the pipeline route. Specifically, plans are to
float the dredge pipeline from Avon Harbor, into Pamlico Sound, then south, toward the
unnamed creek (avoiding SAV where possible). The pipeline would then be floated up
the creek to a point adjacent to the disposal area. To get from the creek to the disposal
site, the dredge pipeline may cross over a narrow band of wetlands on the creek bank,
but this will not result in any placement of fill in the wetlands.
With regard to turbidity and retention time at the disposal site, North Carolina Water -
Quality Standards (15A NCAC 28.0200) require that turbidity in the receiving water
shall not exceed 25 NTU; if turbidity exceeds this level due to natural background
conditions, the existing turbidity level cannot be increased. The Corps' dredging
inspectors and the dredging contractors are aware of these requirements and will
regulate the retention time at the disposal site to ensure compliance.
North Carolina Division of Coastal Management, letter of December 2, 1997
COMMENT: The State of North Carolina has completed its review of the above
referenced proposal pursuant to 15 CFR 930 - Consistency of Federal Activities. Based
upon our review we agree with your determination that the proposed activity is
consistent with the North Carolina Coastal Management Program with the following
conditions. The conditions were agreed to verbally by Ms. Jenny Owens of your staff.
(See attached letter for conditions)
RESPONSE: Agreed. The conditions stated in your letter of December 2, 1997
(attachment 1), will be met.
6.00 ENDANGERED AND THREATENED SPECIES
As stated in the EA, the proposed work has been reviewed for compliance with the
Endangered Species Act of 1973, as amended, and informal coordination with the
USFWS has been completed. The USFWS has identified no endangered species,
threatened species, or critical habitats that will be affected by the proposed project.
Therefore, the requirements of the Endangered Species Act of 1973, as amended,
have been satisfied.
7.00 ENVIRONMENTAL COMMITMENTS
The following commitments must be fulfilled:
Maintenance of the project will be scheduled to be performed between November 1
and February 28 of any given year in order to minimize impacts to fishery resources.
SAV will be avoided to the greatest extent practicable.
A 401 Water Quality Certification for the proposed work will be obtained prior to
commencement of work.
6
8.00 ENVIRONMENTAL IMPACTS
There are no known areas of controversy or major unresolved issues associated
with the proposed action. Comments received during the coordination of the
referenced EA failed to note any additional categories of environmental impacts.
9.00 FINDING OF NO SIGNIFICANT IMPACT (FONSI)
The proposed action will not significantly affect the quality of the human
environment; therefore, an Environmental Impact Statement will not be prepared.
DATE: jSD'e CCt-2
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Attachments

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Attachment 1
NEPA Comments
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Roger N. Schecter, Director
10/16/97
Colonel Terry R. Youngbluth District Engineer
U.S. Army Corps of Engineers
Wilmington District
P.O. Box 1890
Wilmington, NC 28402
REFERENCE: CD97-35
EA Maintenance Dredging of Avon Harbor
Dear Colonel Youngbluth:
The State of North Carolina received your consistency
determination dated 10108197 concerning a proposed Federal Activity
pursuant to 15 CFR 930.30 on 10115197. Your determination, which
we have assigned the number CD97-35, has been circulated to the
appropriate state agency reviewers for comment. We have requested
that our reviewers respond by 11105197 and, provided no serious
problems are identified, will provide the state's position on this
proposal on or before 11128197.
Should you have any questions concerning our program or the
status of the review, please call me at [phone].
Sincerely,
Stephen B. Benton
Consistency Coordinator
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer 50% Recycled/ 10% Post-Consumer Paper

North Carolina
Department of Administration
James B. Hunt, Jr., Governor Katie G. Dorsett, Secretary
October 16, 1997
Ms. Jenny Owens
US Army Corps of Engineers
Wilmington District
P.O. Box 1890
Wilmington NC 28402-1890
Dear Ms. Owens:
Subject: Environmental Assessment - Proposed Maintenance Dredging of Avon Harbor, Located
in Pamlico Sound Along the Outer Banks of North Carolina; Dare County
The N. C. State Clearinghouse has received the above project for intergovernmental review. This
project has been assigned State Application Number 98-E-0000-0283. Please use this number with
all inquiries or correspondence with this office.
Review of this project should be completed on or before 11/14/1997. Should you have any
questions, please call [phone].
Sincerely,

Ms. Jeanette Furney
Administrative Assistant
116 West Jones Street * Raleigh, North Carolina 27603-8003 * Telephone [phone]
State Courier 51-01-00
An Equal Opportunity/Affirmative Action Employer
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UNITED STATES- - PARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
NATIONAL MARINE FISHERIES SERVICE
Southeast Regional Office _
9721 Executive Center Drive N
St. Petersburg, Florida 33702
October 20, 1997
Colonel Terry R. Youngbluth
District Engineer, Wilmington District
Department of the Army, Corps of Engineers
P. O. Box 1890
Wilmington, NT:;r*h Carolina 28402-1890
Attention Ms. Jenny Owens
Dear Colonel Youngbluth:
The National Marine Fisheries Service (N1V1FS) has reviewed Public Notice CESAW-TS-PE-98-28-
0002 dated October 8, 1997, and the Environmental Assessment (EA) for the maintenance dredging
of Avon Harbor, Dare County, North Carolina, dated October 1997. The project consists of the
maintenance dredging of the Avon access channel and harbor with the disposal of material into an
upland diked disposal site.
Since the dredging will be accomplished by use of a pipeline dredge with upland disposal, the impacts
on fishery resources should be minimal. The EA adequately describes the impacts of this project on
fishery resources under our purview. Therefore, we will offer no further comments or
recommendations.
We appreciate the opportunity to review this work. If we can be of further assistance, please advise.
Sincerely.
And ager,
Assistant Regional Administrator
Habitat Conservation Division
cc: FWS, ATLA, GA
FWS, Raleigh, NC
EPA., ATLA, GA
NCDEHNR, Raleigh, NC
NCDEHNR, Morehead City, NC
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?J A s; UNITED STATES ENVIRONMENTAL PROTECTION AGENCY CF: - TS
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Colonel. Terry R. Youngbluth
District Engineer, Wilmington
P.O. Box 1890
Wilmington, NC 28402-1890
Attn.: Ms. Jenny Owens
Environmental Resources Branch
Subject: Environmental Assessment (EA) and Finding of No
Significant Impact (FONSI) for Maintenance Dredging of
Avon Harbor, Dare County, NC
Dear Colonel Youngbluth:
Pursuant to Section 309 of the Clean Air Act, EPA, Region 4
has reviewed the subject document which discusses the environmental
consequences of dredging shoals which have developed in and out to
beacon No.8 of the Avon Harbor. The 20,000 cubic yards of
inorganic silt will be deposited into an upland diked disposal
site. The channel restoration. will be accomplished by hydraulic
pipeline.
As we noted previously, dredging always has some adverse water
quality impacts. In this instance the proximity of submerged
aquatic vegetation (SAV) remains a matter of concern to us. Given
the biological importance of the SAV habitat and its potential for
even incidental harm from the total project, we believe that the
District should formulate the deliverables of the construction
contract such that bidders will be required to protect this
valuable resource by all practicable means. We are willing to
leave the details of how this will be accomplished to your staff
specialists, but would appreciate receiving a copy of the
stipulations for our review/comment prior to actual dredging.
We agree that the proposed upland disposal site is necessary
considering the fine grain nature of the excavated material.
Further, given the limited siting options available on barrier
features, we have no better suggestion for locating the site or
improving its design. The economic benefits associated with
maintaining channel depths are adequately expained; however, there
needs to be some consideration given to the natural
environment, i.e., replacing the wetlands lost in constructing the
disposal site. Once again, we will leave the details as to how and
where to best restore the functional values of this vegetation type
to your staff, but believe that it should be done. .
RecycledlRecyclable • Printed with vegetable Of Based Inks on 1009E Recyded Paper (40% Postoonsumer)

If groundwater movement is, in fact, from east to west, then
contamination of adjacent wells should not be a problem. However,
if problems do result, what are the options for affected
homeowners?
With these enjoinders in effect coupled with the absence of
any other apparent and/or compelling adverse effects attendant to
the action we have no significant objections to the use of an EA as
the evaluation model rather than the more comprehensive
environmental impact statement format.
Thank you for the opportunity to comment on this action. If
we can be of further assistance in this matter, Dr. Gerald Miller
(404-562-9626) will serve as initial point of contact.
Sincerely,
Heinz J. Mueller, Chief
Office of Environmental Assessment
H ttavil tr `
:J
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o J?
!y
James H. Bradley,
Wilmington Distric, Corps of Engineers
Environmental Resources Section
P.O. Box 1890
Wilmington, N.C. 28402-1890
Dear Mr. Bradley:
Centers for Disease Control_
and Prevention (CDC)
Atlanta GA 30341-3724
November 5 , 1997
We have completed our review of the Draft Environmental Assessment (DEA) and Finding of No
Significant Impact (FONSI) for Maintenance Dredging of Avon Harbor, Dare County, North
Carolina, October 1997. We are responding on behalf of the U.S. Public Health Service.
The purpose of this EA is to address the environmental impacts of the maintenance dredging of
Avon Harbor with disposal of material into an upland diked disposal site because this aspect of
the planned project was not addressed in the 1996 EA/Fonsi for maintenance dredging and,
dredged material disposal of the Rodanthe, Avon, and Rollinson Channels. We believe our
potential concerns have been generally addressed in this DEA, and we concur with the
recommended activities and the FONSI.
Thank you for the opportunity to review this draft document. We would appreciate receiving a
copy of the Final EA, and any future environmental impact statements which may indicate
potential public health impacts and are developed under the National Environmental Policy Act
(NEPA).
Sincerely,
DEPARTMENT OF HEALTH & HUMAN SERVICES
Public Health Service
?S
Kenneth W. Holt, MSEH
Special Programs Group (F-16)
National Center for Environmental Health
L
&
North Carolina
Department of Administration
James B. Hunt, Jr., Governor
November 18, 1997
Ms. Jenny Owens
US Army Corps of Engineers
Wilmington District
P.O. Box 1890
Wilmington, NC 28402-1890
Dear Ms. Owens:
Katie G. Dorsett, Secretary
RE: SCH File # 98-E-0000-0283; Environmental Assessment Proposed Maintenance Dredging of
Avon Harbor, Located in Pamlico Sound Along the Outer Banks of North Carolina; Dare
County
The above referenced project has been reviewed through the State Clearinghouse Intergovernmental
Review Process. Attached to this letter are comments made by agencies reviewing this, document.
Should you have any questions, please do not hesitate to call me at (91,9) 733-7232.
Sincerely,
6?4? ?,?
Mrs. hrys Baggett, Director
N. C. State Clearinghouse
Attachments
cc: Region R
Melba McGee, DEHNR
116 West Jones Street Raleigh, North Carolina 27603-8003 Telephone [phone]
An Equal Opportunity 1 Affirmative Action Employer
LTJ
JAMES B. HUNTJR.
GOVERNOR
.v..i
WAYNE MCDEVITT
SECRETARY
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
*Otl
MEMORANDUM ?p Q04S F/'
TO: Chrys Baggett l?1A
State Clearinghouse
FROM: Melba McGee LLP'
Project Review Coordinator
RE: 98-0283 EA for the Maintenance Dredging of Avon
Harbor, Town o Avon, Dare County
DATE: November 14, 1997
The Department of Environment and Natural Resources has
reviewed the Environmental Assessment for the proposed project.
We concur with the findings of•this document provided careful
consideration be given to the concerns made by the N.C.
Wildlife Resources Commission. I encourage the applicant to
continue coordinating with the N.C. Wildlife Resources
Commission prior to circulation of the final document. This
will help avoid unnecessary delays.
Thank you for the opportunity to respond.
attachments
P.O. BOX 27687, RALEIGH NC 27611-7687 / S12 NORTH SALISSURY STREET, RALEIGH NC 27604
PHONE [phone] FAX [phone] WWW.EHNR.5TATE.NC-US/EHNR/
VArE
«a
North Carolina Department of Cultural Resources
James B. Hunt Jr., Governor
Betty Ray McCain, Secretary
November 12, 1997
Jenny Owens
Environmental Resources Section
U.S. Army Corps of Engineers
Wilmington District
P.O. Box 1890
Wilmington NC 28402-1890
Re: Maintenance Dredging, Avon Harbor, Dare County,
98-E-0000-0283, CD97-35
Dear Ms. Owens:
Division of Archives and History
Jeffrey J. Crow, Director
We have received notification from the State Clearinghouse and the Division of Coastal
Management concerning the U.S. Army Corps of Engineers proposal to perform routine
maintenance dredging of Avon Harbor
In our underwater research files we have references to extensive maritime activities and
shipwreck losses in the general project vicinity; therefore, much of the project area holds a
high potential for containing submerged cultural resources. However, since this project
concerns maintenance dredging within controlled and previously dredged channels, we
recommend no archaeological investigation be conducted.
We would like to notify you that this project should be undertaken with caution. If during
construction submerged archaeological materials are encountered, such as shipwreck
remains, it is the responsibility of the Army Corps of Engineers-Wilmington District to notify
this office immediately, pursuant to Section 106 of the National Historic Preservation Act
of 1966. In addition, the area is protected by North Carolina legislation (G.S. 121-22 to
28, Article 3: salvage of Abandoned shipwrecks and other underwater archaeological
materials on all bottoms from low water to one marine league seaward, and bottoms of
other navigable waters). This law is supported by the Abandoned Shipwreck Act of 1987
(P.L. 100-298) which gives the state jurisdiction over a broad range of living and nonliving
resources in state waters and submerged lands, including certain abandoned shipwrecks,
which have been deserted and to which the owner has relinquished ownership rights with
no retention.
Thank you for your cooperation and consideration. If you have questions concerning the
above comment, please contact Renee Gledhill-Earley, environmental review coordinator, at
919/733-4763.
Sincerely,
David Brook
Deputy State Historic Preservation Officer
DB:slw
cc: Steve Benton, Division of Coastal Management
lqmnnww? State Clearinghouse
NC DWO WO ENVSCI Fax:919-73x9959
State of North:.Carolina
Department of Environment,
Health and Natural Resources
Divislon of Water Quality
James B. Hurt. Jr., Governor
Wayne McDevitt; Secretary.
A. Preston Howard, Jr., P.E-., Director
November 18, 1997
bl MURANDUM
Fax 0
TO. James R -Bradley
THROUGH: Jobn Dorn
FROM: Eric Flee zp -
Avon Harbor bialintenance Dredging

. TS
Olr/Pi?s
The.Division. -of Water Quality.-lads reviewed the EA regarding 4lis projem The DWQ does not andapare.
any major problems with this.project. Conditions likely to be included iit the 40,Y. Watcr Quality.
Certification ineltide-roudng.the pipElinc.*irr;suc.h amanner so tb4.j:t oes•notinEkrsect by SAVs or wetland
areas. If there should be any tticsdohs pleas' W frx to call at (919) 733;1786.
EnvlronmentakSciences Branch . 44ol Reedy Leek Road.,. Raleigh, Notch Carolina 27607
Telephone [phone] FAX s 733-9959
An EQuat Oppottuttty A/Itt agve Ad Joe Employs sow. r.*gC4d 0% P°a coetaumw pop"

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P-044 e. Fax Mote 7671. Date: peaes? .
To ?? Fcotn r( L
eo.)De L 1cif C 0 co. plnl
Phone A Phones 112 j *+

Nov 18 '97 12:34 P.01/01
State of North Carolina
Department of Environment,
Health, and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Roger N. Schecter, Director
Mrs. Chrys Baggett, Director
State Clearinghouse
Administration Building, Rm 535
116 West Jones Street
Raleigh, NC 27611
8 - 0,:?3
l
IL
4
AdMood0bodft
November 13, 1997
Re: EA for Maintenance Dredging of Avon Harbor, Dare County, NC, October 1997
Dear Mrs. Baggett:
I have reviewed the EA for the maintenance dredging of Avon Harbor. I have no
comments or issues for this project. In addition to the EA. I have reviewed the Dare County
Land Use Plan QXP), as Certified by the NC Coastal Resources Commission on July 29, 1994.
In addition I have reviewed a recent Land Use Plan amendment adopted by the Dare County
Board of Commissioners on October 20, 1997. This amendment deleted policy associated with
freshwater wetlands, more particularly dropping any reference to isolated wetland pockets.
Land Use Plan Consistency Determination: The project proposal is consistent with the
Dare County Land Use Plan, both earlier and current County amended policy, the project is not in
conflict with the Land Use Plan.
Prior to the amendment, the County's LUP Land Classification Map designated the land-
ward portion of the project in the "Limited Transition" class, and "Limited Conservation" based
upon map text and classification description regarding freshwater wetland isolated pockets of less
than one acre in size.
Following the amendment the Classification Map, designates the site as "Limited
Transition" and "Conservation" per text on page 111, in the LUP. Per earlier and current County
policy, the project is not in conflict with the Land Use Plan.
Z' 3
? 'EP x...,. ,? .,?
,j :,J
NO V 14 1997:
1367 U.S.17 South, Elizabeth City, North Carolina 27909 Telephone [phone] FAX 9194k4-3
ATc 1
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper MATE E !OUSE
Mrs. Chrys Baggett, Director
November 13, 1997
Page Two
Other applicable policy includes the following statement:
Channel Maintenance: Policy 2.3.11-a, page 89.
"Dare County advocates routine maintenance of all existing navigable channels and
will work to secure permit authorization whenever necessary."
Sincerely,
Richard L. Watts
District Manager
RLW/dc
cc: J. Parker
C. Jones
File

x z ZZ, ?_
E North Carolina Wilcllife Resources Con uni ssion
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: Melba McGee
Office of Legislative & Intergovernmental Affairs
FROM: William Wescott, Coastal Coordinator 1 Cj
Habitat Conservation Program
DATE: November 12, 1997
SUBJECT: Environmental Assessment for the Maintenance Dredging of Avon Harbor, Town
of Avon, Dare County. Project # 98-E-0283.
Staff biologists with the Wildlife Resources Commission have reviewed the Environmental
Assessment. Our comments are provided in accordance with provisions of the Fish and Wildlife
Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et. seq.), the Clean Water Act of
1977 (as amended) and the North Carolina Environmental Policy Act (G. S. 113A-1 et seq., as
amended; 1 NCAC-25).
The Town of Avon proposes to maintenance dredge Avon Harbor and the entrance
channel out to navigation beacon No. 8 to a depth of 8 ft. Approximately 20,000 yds' of silt
would be discharged into an upland diked disposal site. Dredging would take place between
November 1 and February 28 of any given year. Waters at the site are classified as SA.
Large areas of coastal marsh exists between Avon Harbor and the proposed disposal site.
The EA did not specify where the dredge pipeline would be located and if it would impact
wetlands. The EA did not indicate a retention time for the disposal area or where the discharge
pipe would be located. Review of this document is incomplete without the above information but
we will not oppose permit issuance as long as the permit includes the following conditions.
• Any wetland impacted outside of the authorized nationwide permit 26 should be returned
to natural conditions immediately.
• Adequate precautions should be taken to avoid turbidity plumes in Pamlico Sound.
Thank you for the opportunity to comment on this project. If you need to discuss these
comments please call William Wescott at [phone].
NC DWQ WQ ENVSCI Fax:[phone] Nov 7 13:01 P.02/02
November 4, 1997
MEMORAND?IM
?ov1997 ?N
ZO-Jolm Domey $ .a
3
Own Eric Meek `9S { _??ti\,
R,-. Maintooanm Dredging-Avon Harbor
After reviewinz the EA; UWQ icReveS that the 401:CcarOxati0a should be: ;sued w include the proposcxl
nrainut lance Ortd&g at Avon Htubor with upland diked dicpocal.'Cotiditions should include routing the.
pipeiine aw-ay'Provi SAVs and we4md'arms.

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Roger N. Schecter, Director
MEMORANDUM
TO: Melba McGee, NC Division of Policy and Development
FROM: Steve Benton, NC Division of Coastal Management
SUBJECT: Review of SCH #1 _ GZ?j3 DATE: 7
V A Copy of All Comments Received by the SCH _ Reviewer Comments Am
is Requested
t,. Naves .
4oq v
Review Co ents:
Review Co
is being reviewed for consistency with the NC Coastal Management Program pursuant to federal
law and/or NC Executive Order 15. Agency comments received by SCH are needed to develop the State's
consistency position. A on
Project Review Number (if different from above) tom/
A Consistency position will be developed based on our review on or before / /
A Consistency Determination document _is, or -tray be required for this project Applicant should contact
Steve Benton or Caroline Bellis in Raleigh, phone # [phone], for information on the proper document
format and applicable state guidelines and local land use plan policies.
Proposal is in draft form, a consistency response is inappropriate. A Consistency Determination should be
included in the final document.
A Consistency Determination document (pursuant to federal law and/or NC Executive Order 15) is not required.
A consistency response has already been issued.
Project No. Date issued
Proposal involves < 20 Acres or a structure < 60,000 Sq. Feet and no AEC's or Land Use Plan
problems.
_ Proposal is not in the Coastal Area and will have no significant impacts on any land or water use or
natural resource of the Coastal Area.
- A CAMA Permit _is, or _may be required for all or part of this project proposal. Applicant should contact
in , phone # . for information.
- A CAMA Permit _ has already been issued, or _ is currently being reviewed under separate circulation.
Permit No. Date issued
Other (see attached).
State of North Carolina Consistency Position:
The proposal is consistent with the NC Coastal Management Program provided that all conditions are adhered
to and that all state authorization and/or permit requirements are met prior to implementation of the project.
- The proposal is inconsistent with the NC Coastal Management Program.
-. Other (see attached)
P.O. Box 27687,. Raleigh, North Carolina 27611-7687 Telephone [phone]
.A gQ(cled / 10°x.5 Post-Consumer Papes. .,.--
An Equal Opportunity Aff ariative Action Employer-59%p K
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Roger N. Schecter, Director December 2, 1997
Mr. James H. Bradley, P.E.
Chief, Technical Services Division
Wilmington District Army Corps of Engineers
PO Box 1890
Wilmington, NC 28402-1890
A14
??Ia
NCDENR
NORTH CAROUNA DEPARTMENT OF
ENVIRONMENT ANO NAruRAL RESOURCES
REFERENCE: CD97-35, EA - Maintenance Dredging of Avon Harbor, Dare County, NC
Dear Mr. Bradley:
The State of North Carolina has completed its review of the above referenced proposal
pursuant to 15 CFR 930 - Consistency of Federal Activities. Based upon our review we agree
with your determination that the proposed activity is consistent with the North Carolina Coastal
Management Program with the following conditions. The_ conditions were agreed to verbally by
Ms Jenny Owens of you staff.
1. That a 401 Water Quality Certification, if required by the NC Division of Water
Quality, is received prior to the onset of construction.
2. Any wetlands impacted other than those authorized under nationwide permit 26 will
be returned to their natural, pre-project condition as quickly as possible.
3. Adequate precautions will be taken to prevent turbidity plumes (in excess of 25 NTUs)
from entering Pamlico Sound.
4. That a sedimentation and erosion control plan will be approved, if required, by the NC
Division of Land Resources in accordance with state law.
The North Carolina Division of Environmental Health has determined that the spoil area
proposed for this project may produce a mosquito breeding problem. They request that you
contact the Public Health Pest Management Section at [phone]. Finally, the North
Carolina Division of Archives and History requests that the project be undertaken with caution in
order to insure that no significant historical or archaeological artifacts are inadvertently damaged.
Hestron Plaza II, 1518, Highway 24, Morehead City NC 28557 Telephone [phone] Fax [phone]
CD97-35, 12/02/97 -Page 2
Thank you for your consideration of the North Carolina Coastal Management Program.
Please feel free to call Mr. Steve Benton of my staff at [phone] if you have any questions
about our position or the conditions or requests listed above.
Sincerely,
6' Roger N. Schecter
cc: Richard Watts, NC Division of Coastal Management, Elizabeth City District Office
William Wescott, NC Wildlife Resources Commission
Renee Gledhill-Earley, NC Division of Archives and History
Linda Sewall, NC Division of Environmental Health
Pat McClain, NC Division of Land Resources
John Domey, NC Division of Water Quality
Jenny Owens, Wilmington District Army Corps of Engineers
Attachment 2
Excerpt from
SPECIFICATIONS
FOR
MAINTENANCE DREDGING
IN
SILVER LAKE HARBOR, NORTH CAROLINA
(TEACHES HOLE AND BIG FOOT SLOUGH)
AND
ROLLINSON CHANNEL, NORTH CAROLINA
(HATTERAS TO HATTERAS INLET) AND
RODANTHE, NORTH CAROLINA
U.S. ARMY ENGINEER DISTRICT, WILMINGTON
CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403
9 DECEMBER 1996
2.3.12 TRAINING OF COA-RACTOR PERSONNEL IN POLLIAION CONTROL
Contractor personnel shall be trained in environmental protection, and shall
conduct environmental protection meetings monthly. The training and meeting agendas
shall include methods of detecting and avoiding pollution; familiarization with pollution
standards, both, statutory and contractual; and installation and care of facilities (vegetative
covers, and instruments required for monitoring purposes) to ensure adequate and
continuous environmental pollution control. Personnel are to be informed of provisions for
hazardous and toxic materials container labeling and for managing Material Safety Data
Sheets (MSDS). Anticipated hazardous or toxic chemicals shall also be reviewed.
2.3.13 DISPOSAL OF DISCARDED MATERIALS
Discarded materials that cannot be treated as solid wastes shall be handled as
approved by the Contracting Officer.
2.3.14 PROTECTION OF MIGRATORY BIRD SPECIES
All construction personnel shall be advised that migratory birds are protected
under the Migratory Bird Treaty Act of 1918, as amended. The contractor may be held
responsible for harming or harassing the birds, their eggs or their nests as a result of the
construction. In order to meet these responsibilities, the Contractor shall conduct
monitoring of the construction area from 1 April through 31 August, if construction
activities occur during that period. If nesting birds are found, the Contracting Officer shall
be contacted for instructions.
2.3.15 PROTECTION OF AIR RESOURCES
The Contractor shall keep construction activities under surveillance, management,
and control to minimize pollution of air resources. All activities, and work performed by the
Contractor in accomplishing the specified construction shall be in strict accordance with
the all applicable Federal, State and local emission and equipment and process
performance.laws and standards. Monitoring of air quality at the construction site(s) shall
be the responsibility of the Contractor.
2.3.16 PROTECTION OF WATER RESOURCES AND WETLANDS
The Contractor shall not pollute groundwater or any body of surface water,
including the Atlantic Ocean, estuaries, rivers, streams, creeks, marshes, swamps, canals,
ditches, lakes, or ponds. For the.purpose of this specification, pollution includes spilling,
leaking, pumping, pouring, emitting, emptying, discharging, injecting, dumping, or
disposing of harmful substances into the environment. Harmful substances, including, but
not limited to, fuels, oils, bitumens, calcium chloride, and acids shall not be allowed to
pollute any waters. It is the responsibility of the Contractor to investigate and comply with
all applicable Federal, State, and local laws concerning water pollution control. All work
under this contract will be performed in such a manner that objectionable conditions will
'not be created in any groundwater or surface waters.
01430-7
It is the responsibility of the Contractor to comply with all Federal, State and local =
laws pertaining to dredging and disposal of dredged material. In addition, it is the
responsibility of the Contractor to assure that no wetlands are adversely affected by
dredging, disposal of dredged material, or associated operations (including land-based
support activities) conducted under this contract. Any disposal or leakage of dredged
material, outside the disposal area designated in this contract or not in compliance with
placement criteria in this contract, even if unintentional, is the responsibility of the
Contractor, and is subject to removal-by-the-Contractor at his own expense upon the
request of the Contracting Officer: Upon discovery of such misplaced material, the
Contractor shall immediately take corrective action to stop the continued misplacement of
dredged material, and shall contact the Contracting Officers Representative for further
instructions. The Contractor is responsible for monitoring all water and wetland areas
affected by construction activities. In the event that water quality violations result from the
Contractor's operation, the Contractor shall suspend the operation or operations causing
the pollution, and such suspension shall not form the basis for a claim-against the Federal
Government.
2.3.17 PROTECTION OF FISH AND WILDLIFE RESOURCES
The Contractor shall take such measures as may be required and perform all work
in a manner that minimizes the disturbance of or interference with fish and wildlife,.or fish
and wildlife habitat. Measures will be taken to prevent polluting or fouling the water. All
wash waters or waste shall be handled in accordance with applicable Federal, State and
local laws prior to release into any natural water body.
2.3.18 PROTECTION OF ENDANGERED AND THREATENED SPECIES
Species listed as endangered or threatened receive a high level of protection under
the Endangered Species Act of 1973 (PL 93-205), as amended. Endangered or
threatened species, including whales, sea turtles, manatees, and shortnose sturgeon,
may be encountered in the project area during construction of this project. In addition, all
marine mammals, including porpoises and dolphins, are protected under the Marine
Mammal Protection Act of 1972 (PL 92-522), as amended_ Therefore, the Contractor shall
take such measures as may be required to assure that any activities conducted as a part
of this contract do not kill injure,
species. Specific types of equipment and operations pose different types of hazards, so
specific protective measures will vary depending upon the type of operation being
conducted. Protected species frequently occur in North Carolina waters and the
Contractor should plan the work accordingly.
NOTIFICATION AND REPORTING REQUIREMENTS FOR INCIDENTS INVOLVING
PROTECTED SPECIES - Incidents *involving the death or injury of any protected species
shall be reported to the Contracting Officer immediately. Also, the Contractor will prepare
and provide to the Contracting Officer written records detailing the incident within 24 hours
of its occurrence.
PROJECT SPECIFIC REQUIREMENTS - North Carolina beactvS are known to be used
for nesting by the loggerhead sea turtle, a federally listed threatened species. Should
work occur during the nesting season (May 1 thru November 15), the Contracting Officer,
under separate contract, will have sea turtle nest monitoring and relocation performed to =
minimize potential adverse impacts to this species. This separate contractor will be
traversing the entire project area daily to locate and remove sea turtle nests to a hatchery
outside of the project area.
Specific Contractor requirements for this project are as follows:
(a) Through the period of sea turtle nesting and hatching (May 1 through November
15), construction pipes that are placed parallel to the shoreline will be placed as far
landward as possible when passing over completed sections of the project.
Temporary storage of pipes and equipment shall be off the beach, but not in wetland
areas. If beach storage is considered necessary, prior approval will be obtained from the
Contracting Officer. If approval is granted, pipes and equipment shall be placed as far
landward as possible.
(b) During construction, visual inspections of the disposal areas will be conducted to
determine if escarpments greater that 18 inches high and 100 feet in length are present.
If escarpments exceeding these dimensions are found, and the elevation of the placed
material is within the maximum allowable elevation +6.0 feet NGVD (plus or minus 0.5
foot), the escarpment will be removed within 24 hours of receiving approval from the
Contracting Officer by forming a smooth slope from the top of the placed material to the
foreshore slope of the.placed material. If the elevation of the placed material exceeds the
maximum allowable elevation, material lying above the maximum allowable elevation will
be removed and redeposited within other sections of the designated disposal area and
within the allowable tolerances. NOTE: During the sea turtle nesting season,
escarpments may not be leveled until results of daily sea turtle monitoring have been
reviewed by the Contracting Officer and his approval granted for escarpment leveling.
Escarpment leveling may only take place during daylight hours.
(c) If, during the course of conducting work, a sea turtle nest is disturbed by
construction activities, the Contractor will mark the nest location and cover the eggs, by
hand, with at least 6 inches of sand. All beach disturbing activities will be stopped within a
100-foot radius of the nest to prevent further damage and the Contracting Officer notified
immediately. Work in this area will not resume until the nest has been relocated and the
Contracting Officer grants approval.
(d) During the period of sea turtle nesting and hatching (May 1 through November
15), all beach lighting associated with project construction shall be minimized to the
maximum extent practicable while maintaining compliance with all safety requirements.
Reduced wattage and special fixtures or screens to reduce illumination of adjacent beach
and nearshore waters shall be used if practical. Shielded low pressure sodium vapor
lights are recommended for all lights on the beach.
01430-9
(e) - If a dead, injured or sick sea turtle, or any other endangered or threatened
species is found in the project area by the Contractor, it must be left undisturbed and the
Contracting Officer notified immediately. -
2.3.19 PROTECTION AND RESTORATION OF LANDSCAPE AND MARINE
VEGETATION DAMAGES
The Contractor shall restore all landscape features and marine vegetation
damaged or destroyed during construction operations outside the limits of the approved
work areas. All landscape features damaged or destroyed during construction operations
that were not identified for removal shall be restored. Any vegetation or landscape feature
damaged shall be restored as nearly as possible to its original condition. This work will be
accomplished at the Contractor's expense.
2.3.20 ENVIRONMENTAL QUALITY CONTROL
The Contractor shall establish and maintain quality control for environmental
protection of all items in this section. The Contractor shall record on daily quality control
reports or attachments thereto, any problems in complying with environmental laws and
regulations, and corrective actions taken.
2.4 WORK AREA PLAN
The Contractor shall include a Work Area Plan showing the proposed activities in
each portion of the project area and identify the areas of limited use or nonuse. The Plan
shall include measures for marking the limits of use areas. The Contractor shall include
drawings identifying the areas of limited use or nonuse and show locations of any
proposed temporary excavations or embankments for haul roads, stream crossings,
material storage areas, structures, sanitary facilities, stockpiles of earth materials, and
disposal areas for excess earth material and unsatisfactory earth materials.
The Contractor's field offices, staging areas, stockpile storage, and temporary buildings
shall be designated areas on the drawings or as approved. Temporary movement or
relocation of Contractor facilities shall be only on approval by the Contracting Officer.
Prior to any construction, the Contractor shall mark the areas within the designated
work areas that are not required to accomplish work to be performed under this contract
and which are to be rotected. Isolated
be saved and protected shall be marked or fenced. Monuments and markers shall be
protected during construction. Where construction operations are to be conducted during
darkness, the markers shall be visible in the dark. The Contractor shall convey to his
personnel the purpose of marking and protection of all necessary objects.
2.5 POST CONSTRUCTION CLEANUP
The Contractor shall clean up areas used for construction and remove all signs of
temporary construction facilities; Contractor office, storage and staging areas; quarry and
borrow areas; and all other areas used by the Contractor during construction. Any
disturbed areas shall be graded and filled as approved by Contracting Officer.
01430-10