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HomeMy WebLinkAbout89-20 Dare CountyPermit Class NEW STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vermit for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Dare County, 954 Marshall C. Collins Dr., Manteo, NC 27954 Permit Number 89-20 Authorizing development in Dare County at Ranges 1-5 of the federal navigational channel in Shallowbag Bay and Roanoke Sound, Festival Park and Marshes Light S/D, in Manteo, as requested in the permittee's application dated 2/5/20, including attached workplan drawings (13), all did 3/3/20 & Disposal Area Location addendum dtd 5/28/20. This permit, issued on September 1, 2020 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation ri tnese terms may be subject to Tines, imprisonment or civil action; or may cause the permit to be null ano voict. Excavation 1) In order to protect juvenile shrimp and frnfish populations, no excavation or filling shall be permitted between April 1 and September 30 of any year without the prior approval of the Division of Coastal Management, in consultation with appropriate resource agencies. 2) No excavation shall take place outside of the area indicated on the workplan drawings. 3) Excavation shall not exceed -10 feet below the mean lower low water level for Ranges 1-5 and Festival Park and -6 feet below the mean lower low water level for the offload site near Marshes Light S/D. In no case shall the depth of excavation exceed the depth of connecting waters. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This 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 Division approval. All work must cease when the permit expires on December 31, 2023 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 DEQ and the Chair of the Coastal Resources Commission. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Dare County Permit No. 89-20 Page 2 of 3 ADDITIONAL CONDITIONS 4) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 5) No excavated or fill material shall be placed at any time in any vegetated wetlands or surrounding waters. 6) No excavation shall take place within 10 feet of any Coastal Wetlands. 7) Portions of the authorized project are located within a primary nursery area (PNA). Therefore, in accordance with NCAC 15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation within the PNA shall be permitted. New dredging in PNA in any manner, including "kicking" with boat propellers, is not authorized. 8) All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the National Response Center at (800) 424-8802 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. Spoil Disposal 9) No spoil material shall be placed within 30 feet of the normal high-water line. 10) All excavated materials shall be confined above normal high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. 11) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 12) The permittee and/or his contractor shall take all necessary precautions to ensure that the spoil material is properly contained during transport to the disposal site, and that all the proper coordination has taken place with the local or state governments to ensure that any damage to public streets caused by transport of the spoil material has been addressed. NOTE: An Erosion and Sedimentation Control Plan may be required for the spoil site portion of the project. This plan must be filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this plan to the Division of Energy, Mineral and Land Resources, Land Quality Section, 943 Washington Square Mall, Washington, NC 27889. ..4 Dare County ADDITIONAL CONDITIONS Maintenance Clause Permit No. 89-20 Page 3 of 3 13) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance excavation work authorized by this permit, and such notification shall include: A. The number of the original permit. B. A statement that no dimensional changes are proposed. C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the area to be used for spoil disposal, and the estimated amount of material to be removed. The location, design and holding capacity of the spoil disposal site shall be approved by a representative of the Division prior to the initiation of any maintenance dredging activities. D. The date of map revision and the permittee's signature shown anew on the original plan. USACE Conditions 14) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at littp://www.fws.gov/nc-es/mammal/manatee guidelines.pdf. General 15) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. 16) The permittee and/or his or her contractor shall meet with a representative"of the Division prior to project initiation. NOTE: This permit does not eliminate the.need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General Permit 198000291 (Action ID SAW-2020-00709) issued 9/l/20. NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4175 and assigned the project DWR Project No. 20-0531. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 264-3901 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high-water level. NOTE: An application processing fee of $475 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources. a DIVISION OF COASTAL MANAGEMENT Applicant: Type: (Check all that apply) New V _ Major Mod Permit Coordinator: Field Representative: Date Time �{ � 17 I )�Ua0 Application Processing Notes Permit# Minor Mod Renewal Transfer -foGtbtNCalty r�✓� a—� (� tCSt�eS �Gw L . oµkr4 Tug w �� mllE rwW Message M H C IV17 DCM Coordinator: � Il�� Permit #: �20 Permittee: DCM Field Offices ✓ J Elizabeth City ;�Prk ek Morehead City US ACOE Offices: MAILING DISTRIBUTION SHEET Iz/WoOM 10111w L�ldnGlti i+��/Sr+�C✓ 4�1irlG l &4j 2,60V b , roso��oP1S;-� ✓ Washington Wilmington 2 (with revised work plan drawings) (OBJECTIONS ) Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Pelletier (Bgrtie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Wilmington: Greg Curry (Brunswick, New Hanover) Liz Hair (Carteret, Onslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Cultural Resources: Renee Gledhill -Earley at Environmental. Review@ncder.goV fi � Public Water Supply: Heidi Cox (WIRO) Clif Whitfield (WARD) Marine Fisheries: Kim Harding Jimmy Harrison NC DOT: Shellfish Sanitation: State Property: DEMLR/DWR: David Harris Shannon Jenkins / Sharon Gupton Tim Walton / Mike Moser Sheri Montalvo / Shelton Sullivan Washington: Anthony Scarbraugh-401 Ai �//t Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, arteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Robb Mairs — 401 (Brunswick, New Hanover) Holley Snider — 401 (Carteret, Onslow, Pender) Christine Hall - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: Maria Dunn (WARD) Natural heritage Program Rodney Butler LPO:etti (NCDOT) Travis Wilson MANTEO (SHALLOWAG) BAY MAINTENANCE DREGING PROJECT 1 FORMS 1.1 DCM MP-1 APPLICATION for Received MAP 1 1 2020 DCM-EC Major Development Permit (last revised 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT G 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Dare County Sh a lI ow bd 13gy- Channel Maintenance Project Applicant 1: First Name MI Last Name Robert L Outten Applicant 2: First Name MI Last Name NA NA NA If additional applicants, please attach an additional pages) with names listed. Mailing Address PO Box City State 954 Marshall C Collins Drive Manteo NC ZIP Country Phone No. FAX No. 27954 USA 252 475 5800 ext. 252 473 1817 Street Address (if different from above) city State 21P Email outten@darenccom 2. Agent/Contractor Information Business Name APTIM Agent/ Contractor 1: First Name M I Last Name Kenneth Willson Agent/ Contractor 2: First Namc MI Last Name Brad Rosov Mailing Address PO Box city State 4038 Masonboro Loop Road Wilmington NC ZIP Phone No. 1 Phone No. 2 28409 910-791.9494 ML ext. FAX No. Contractor # NA Federal I D # 020623951 Email kenneth.vAllson@apbm.com, brad.rosov@aptim.com RECEIVED MTIM Coastal Planning & linginccring of North Carolina. Inc. APR 17 2020 DCM-MHD CITY Received fill 1 j AN MANTEO (SHALLOWAG) BAY MAINTENANCE DREGING PROJECT c N°a 1-ocetion County (can be multiple) Street Address State Rd. If Dare Unincorporated Dare County within Shallowbag Bay NA Subdivision Name City State Dp NA NA NC NA Phone No. Lot No.(s) (if many, attach additional page with list) NA NA a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Pasquotank River Basin Shallowbag Bay c. Is the water body Identified In (b) above, natural or manmade? d. Name the closest major water body to the proposed project slte. ®Natural ❑Manmade ❑Unknown Roanoke Sound e. Is proposed work within city limits or planning jurisdiction? f. It applicable, list the planning jurisdiction or city limit the proposed ®Yes ONO work falls within. Dredge disposal will fall within Dare County planning jurisdiction 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.fi.) None 1.191,200 (Size of proposed dredge footprint) c. Size of individual lot(a) d. Approximate elevation of tract above NHW (normal high water) or Dredge disposal will be located within four defined areas within NWL (normal water level) the grounds of the Dare County Regional Airport totaling 35.03 • Area to be dredged ranges from --2 to -10 MLW acres. Dredge disposal area at the Dare County Regional IN many luf sizes. please attach additional page with a list) Airport is +14' MSL e. Vegetation on tract Dredge disposal area is vegetated with grass I. Manmade features and uses now on tract Footprint of areas to be dredged include existing navigation channels; dredge disposal area is located in a cleared and graded field on the grounds of the Dare County Regional Airport g. Identity and describe the existing land uses da iacem to the proposed project site. Areas to be dredged are adjacent to the Town of Manteo and Festival Park which includes various commercial, residential, and tourism uses. The dredge disposal area is adjacent to the Dare County Regional Airport and residential uses. The offloading area is in proximity to a private marina. h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? The dredge disposal area is zoned within an Airport Overlay (Attach zoning compliance certificate, it applicable) (AO) District ®Yes ❑No DNA I. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ONO It. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ®Yea ONO DNA If yes, by whom? Dredge Area: Wilde-Ramsing at al, 1983; Watts, 2008 I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ®No DNA National Register listed or eligible property? In. (i) Are there wetlands on the site? ❑Yea I@No (II) Are there coastal wetlands on the site? ❑Yes ONO (IN) If yes to either (i) or (if) above, has a delineation been conducted? Oyes ®No (Attach documentation. if available) z RECEIVED APTIM Coastal Manning & Gnginccring of Nonni Carolina, Inc. APR 17 2020 DCM-MHD CITY MANTEO (SHALLOWAG) BAY MAINTENANCE DREGING PROJECT n. Describe existing wastewater treatmerd facilities. NA Received o. Describe existing drinking water supply source Mdp (1 iDiQ NA p. Describe existing storm water management or treatment systems. DM a+r—C NA ll�i �ry�/�l t 5. Activities and Impacts a. Will the project be for commercial, public or private use? ®Commercial ®Public/Government ' ®Private/Community b. Give a brief description of purpose, use and daily operations of the project when complete. See Attached. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. See attached. d. List all development activities you propose. Maintenance dredging of existing navigation channels with Shallowbag Bay utilizing a clamshell dredge with dredge spoils disposed of on County -owned land located at the Dare County Regional Airport e. Are the proposed activities maintenance of an existing ptojecl, new work, or both? Existing project f. What is the approximate total disturbed land area resulting from the proposed project? 35.03 ❑Sq.Ft or ®Acres g. Will the proposed project encroach on any public easement, public access way or other area ®Yes ❑No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the stale. None. I. Nil wastewater or stormwater be discharged into a wetland? ❑Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? []Yes ❑No ®NA 1. Is there any mitigation proposed? ❑Yes ®No ❑NA If yes, attach a mitigation proposal. 6. Additional Information In addition to this completed application form, (A10-1) the following items below, If applicable, must be submitted in order for the application package to be complete. Items (a) — (flare akvays applicable to any major development application Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b- An accurate, dated work plat (including plan view and crwsaedionsl drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency pereennai unfamiliar with the area to the site. it. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. 3 RECEIVED APUM Coastal Planning & Enpincering of North Carnlina. Inc. APR 17 2020 MA -MI -ID CITY MANTEO (SHALLOWAG) BAY MAINTENANCE DREGING PROJECT I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name See attached Phone No. Address Name Phone No. Address Name Phone No. Address g. A list of previous stale or federal permits Issued for work on the project tract. Include permit numbers, permttee, and issuing dales. Department of Army permit HD 310/81/1 issued on 5117/50 and State of NC CAMA permit #83-83 issued on 213183 h. Signed consultant or agent authorization form, A applicable. I. Wetland delineation, if necessary. J. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) It. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10). if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Certification and Pennission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. Th project will be subject to the conditions and restrictions contained in the permit. 1 certify that I and authorized to grail and do in fact grant pennis.sion to represenlnlives of state and federal row" agencies In enter on Ile albrienlentiored lands in eonncetion sdth evaluating infomralion related to this jennit application and follow-up monitoring of the pmiect. 1 further ecnity that to infomration provided in this application is truthful to the best of my knowledge. Date 2'5; 20 Print Name Brad Rosov Received Signwlurc Please indicate application attachments pertaining 10 your projwsed project. MAN i j 70YU ®DCM Ml'-2 Excavation and Pill Infometion ODCM MP-5 Bridges and Culverts ®DCM MP-3 Upland Development D C M-E C ❑DCM MP4 Structtaes Ini'onnation d RECEIVED APTIM Coastal I'Imming & Gnowering of North Carolina. Inc. APR 17 2020 DCM-MHD CITY MANTEO (SHALLOWAG) BAY MAINTENANCE DREGING PROJECT Received Received 1.2 DCM MP-2 M .11 2010 MAR 112010 EXCAVATION and FILL DMEC DMEC (Except for bridges and culverts) Attach this form to Joint Application fop CAMA Major Permit, Form DCM MP-1 Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation anrYor fill activities. All values should be given in feet Canal Offloading Site Dredge ck Roing Rock Other or (NLW or NWL) Area Groin Oroln Breakwater ine(exstabilization) shoreline stabilization) 11,800' (Ranges 1- -420'- 57.111 -290'; 19.021 total square Length 5) total square feet (Elizabeth 11 Berth feel Area) -135'- 57.111 -70; 19,021 total square Width 100' (Ranges 1-5) total square feet (Elizabeth II Berth feet Area) Avg. Existing -5' MLLW (Ranges -5.5' MLLW NA NA -W MLLW (Elizabeth II Depth 1-6) Berth Area) Final Project -10 MLLW (Ranges -8' MLLW NA NA -10 MLLW (Elizabeth II Depth 1-5) Berth Area) EXCAVATION a. Amount of material to be excavated from below NNW or NWL in h cubic yards., fail 063 U."."klt lao :90;90TCU is yards within Ranges 1-5 (based January and February 2020 bathymetric surveys) plus-1,606cubic yards within Elizabeth II Connector Channel -4t233 RA,s. ar -Los'l w4'c V&#'U witti,.. offleaa SAC WV/as ea.., c. (it Does the area to be excavated include coastal wotlandslmarsh d. (CW). submerged aqualic vegetation (SAV), shell bottom (SO). or other wetlands (WU? If any boxes are checked, provide the mintier or square reel affected. ❑CW ❑SAV _ ❑SB ❑WL ONone (if) Describe the purpose of the excavation in these areas NIA (DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area. Dare County Regional Airport c (it Do you clabn title to disposal arean OYes ❑No ❑NA (it) If no, attach a letter granting pempission from the owner. See Appendix H (it Does the disposal area include any coastal wetlandstmarsh (CW), submerged aquatic vegetation (SAV). shell boffom (SB). or other wetlands (WL)? If any boxes are checked, provide the number of square feel affected. ❑CW ❑SAV ❑SS _.. ❑WL ®None (it) Describe the purpose of disposal in these areas. NiA ❑Tins section not applicable Type of material to be excavated. Clay/Sand/Silt Higngtouixt excavation it) cubic yards None ❑Tflfs section not applicable Dimensions of disposal area. There are four discrete disposal areas totaling 35.03 acres (see Sheet 2 in Appendix A for schematics) d. (i) Vyip a disposal area be available for future maintenance? ®Yes []No ❑NA (it) It yes, where? Same locations f. (1) Does the disposal include any area in the water'+ ❑Yes ONo ❑NA (1p If yes, how much water area is affected? RECEIVED APR 17 2020 DCM-MHD CITY MANTEO (SHALLOWAG) BAY MAINTENANCE DREGING PROJECT SHORELINE STABILIZATION ®This section not applicable (If development is a wood groin, use MP-4 - Structures) a. Type of shoreline stabilization: ❑Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: c. Average distance waterward of NHW or NWL: e. Type of stabilization material: g, Number of square feet of fill to be placed below water level Bulkhead backfill Riprap Breakwater/Sill Omer r Source of fill material. b. Length. Width _ d. Maximum distance watennard of NHW or NWL: f. (i) Has there been shoreline erosion during preceding 12 months? ❑Yes ONO ❑NA fill If yes. state amount of erosion and source of erosion amount information. h. Type of fill material. OTHER FILL ACTIVITIES ❑This section not applicable (Excluding Shoreline Stabilization) a. 0) Will fill material be brought to the site? ®Yes ONO ❑NA b. @ Will rill material be placed in coastal wellandslmarsh If yes (CW), submerged aquatic vegetation (SAV), shell bottom fill Amount of material to be placed in the water 0 Cubic Yards (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. (iii) Dimensions of fill area: There are four discrete disposal ❑CW ❑SAV _ ❑SB _ areas totaling 35.03 acres (see Sheet 2 in Appendix A for ❑WL ®None schematics) (iv) Purpose of fill fill Describe the purpose of the fill in these areas: Disposal of dredge material from Shallowbag Bay The purpose of the fill at the Dare County Regional Airport is to be used as a disposal area for the material dredged from within Shallowbag Bay GENERAL a. How will excavated or fill material be kept on site and erosion b. controlled? Excavated material will be kept onsite through the use of silt fencing and vegetating the surface of the disposal area. An Erosion Control Plan will be submitted to DEMLR as part of their Erosion Control Permit application. C. (I) Will navigational aids be required as a result of the project? ❑Yes ONO ❑NA (if) If yes, explain what type and taw they will be implemented. P]ti7rlr7 What type of construction equipment will be used (e.g., dragline. backhoe, or hydraulic dredge)? Clamshell dredge, barges, bulldozers, and dump trucks d. (q Will wetlands be crossed in transporting equipment to projectsite? ❑Yes ONO ❑NA (it) If yes, explain steps that will betaken to avow or minimize environmental impacts. Date Manteo (Shallowbay Bay) Maintenance Dredging Project Received Project Name Dare County MAR 117026 Applicant Name DCMZC Applicant Signature RECEIVED 6 APR 17 2020 LDCM-MHD CITY Received Cut/Fill Report Generated: 2020-04-07 17:59:44 By user: Kristina.McCoy Aov 8 2020 DCMJI-EC P:\North Carolina\DARE COUNTY PROJECTS\733003343 Shallowbag Bay Permitting and Drawing: Design\CAD\Pennil\P:\North Carolina\DARE COUNTY PROJECTS\733003343_Shallowbag Bay Permitting and Design\CAD\Permit\733003343p PV_Range 1 thru 5 Volume.dwg Volume Summary Name Type Cut Factor Fill Factor 2d Area (Sq. Ft.) Cut (Cu. Yd.) Fill OM) Net (Cu. Yd.) 100 ft volume RANGE 1 --I OFT full 1.000 0.000 93109.51 5327.51 0.00' 5327.51 100 ft volume RANGE 2 -IOFT full 1.000 1.000 99994.57 10379.49 0.00 10379.49<Cun 100 ft volume RANGE 3 -IOFT full 1.000 1.000 102734.27 5273.46 0.00 5273.46<Cuty 100 ft volume RANGE 4 -IOFT full 1.000 1.000 596783.51 71789.60 0.00 71789.60<Cuty 100 ft volume RANGE 5 -IOFT full 1.000 0.000 340115.07 19598.71 0.00' 19598.71' GRADING— 100 ft volume—RANGES-1—TO-5-1 V3H-IOFT full 1.000 1.000 194987.00 11694.55 0.00 11694.55<Cuty Totals 2d Area (Sq. Ft.) Cut (Cu. Yd.) Fill (Cu. Yd.) Net (Cu. Yd.) Total 1427723.93 124063.31 0.00' 124063.31' ' Value adjusted by cut or fill factor other than 1.0 RECEIVED APR 17 2020 7CM—MHD CITY MANTEO (SHALLOWAG) BAY MAINTENANCE DREGING PROJECT 1.3 DCM MP-3 Received UPLAND DEVELOPMENT MAP112020 (Construction and/ur land disturbing activities) DWEC Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. GENERAL UPLAND DEVELOPMENT a. 'I'ppc mid numbcrof buildings. facilities. units orslmctures b. Numberol lots orpmvcb. propoued. None C. Density (give the number of residemliel units and the uniaper acre). None e. Iflhe pmpnecd pmjcel will duluds more Wan mm ncm o! InnJ.lhe Di%kion of land Resources must reccne on erosion mid sedimentation eontml plat at least ill daps bcf w land -disturbing activity begins. g) If applicahle. has a scdimenlulion enJ emsinn crnami plan heat subm Wed to the Di%isim of Land Resoureei! ❑Yes ®No DNA (II) If )vs, lisl the dale submiued: serfinentabcs, control plan war be subrralled g. Givc the pemanbec of the tract within the coa lal shoreline AFCio he covmcd by in, pure ious and or buill-upon surfaces, such as puvcmual. building, mflops, or to be used for vehicular ddemrm s or parking. 0% i. Give the percentage of the entire tract to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 0% j. Describe proposed method of sewage disposal. None 7 None d. Sucofamaloln:gmdedliued.ordisludn:dincludingroads. ditches, ese. 35.03 acres I. List the materials (such as mmL purer stone, asphalt. orennerele) to be used for impervious surfaces. no impervious surfaces will be created h. Projects that require a CA\IA \lojor D,%clopmcul Pcv nit may also require a Stcum wnler Cerl iGcation. (1) [ins a ails development plan kern submilled lathe 11nmonof \\'mcr Quality for review? ❑Yes ®No DNA (it) If yes, list the date submi1W k. Have thefacilibes described in Item (i) received state or local approval 9 ❑Yes [6 No DNA If yes, attach appropriate documentation. RECEIVED APR 17 2020 DCM-MHD CITY MANTEO (SHALLOWAG) BAY MAINTENANCE DREGING PROJECT I. l)c,.ribcloe.1ionm,d1%.p c of propacd disuhsrgm to waters oflhe rlmc (e.g.. surface runoff. sanimn svaslc%%aler, industrial commercial M. Does Nc pn+p+xeJ pmjccl include nn innm-nbve slnnnsvater c111un+L "w+wh down" mid rcxidcnlial Jisdnmgcqdesign". Yes IPNo EINA If yes, attach appropriate documentation. None m. I )cscril c pmtnacd drinking enter supply sounc community, politic system. ctc.) None n. \Vhcn sves the Inqs) platted and recorded'! p. If proposed Jcvclopmml is a subdivision, will additional uWilics be installed for this upland development'? ❑yea [N No ❑NA 2 c2o Dale Manteo (Shallmliag Bay) Maintenance Dredging Project Project Name Applicant Name Applicant Signature 11 q. (i) Will water he impoundcd7 ❑Yes ❑No ❑NA (ii) If yes, how many acres? Received MAR 1 1 2020 DCM-EC ,RECEIVED APR 17 2020 7CM-MHD CITY k Brad Rosov Senior Marine Biologist Coastal Protection Engineering of North Carolina, Inc. COASTAL' PROTECTION' E'RBINEERIN6 May 28, 2020 Ron Renaldi Division of Coastal Management North Carolina Department of Environmental Quality 401 S. Griffin St., Suite 300 Elizabeth, NC 27909 Subject: Shallowbag Bay Channel Maintenance Project: Disposal Area Location Dear Mr.Renaldi, 4038 Masonboro Loop Road Wilmington, North Carolina Tel: +1 910-399-1905 brosov@coastalprotectioneng.com As you are aware, an application for a CAMA Major Permit was submitted on behalf of Dare County on March 11, 2020 to allow for maintenance dredging within the federally authorized channel (Ranges 1-5) through Shallowbag Bay. The action as described in the permit application includes dredging approximately 124,063 cubic yards of material with a mechanical dredge. The material would then be transported via barge and truck to designated areas on the grounds of the Dare County Regional Airport. Since submitting the permit application, Dare County has determined that disposing the material at the county's C&D landfill located at 1603 Cub Road in Manns Harbor would be a preferred location opposed to at the airport. The landfill is well situated to accommodate this volume of material and can utilize it a both top cover and for mixing with C&D materials within the landfill. County representatives have coordinated with the landfill staff to determine that the landfill has capacity and would welcome this material. The specific location for stockpiling within the landfill property will be limited to within two cells. Once cell encompasses approximately 21 acres of land while the other encompasses approximately 17 acres (Figure 1). The landfill holds an active mining permit (924-28) issued by DEMLR. Through coordination with DEMLR,'it has been determined that the disposal and stockpiling of this material within the two cells at the landfill would be covered by the landfill's mining permit. In addition, the Division of Solid Waste (DSW) has reviewed a risk -based screening analysis that was performed to evaluate human health -based exposure risks and environment protection -based (i.e., "protection of groundwater") risks to any metals and volatile organic carbons detected in the material within the proposed dredged areas. From a regulatory perspective, the DSW determined that the material can either be disposed within the landfill or used as operational cover. Figure 1. Dredge disposal sites at the Manus Harbor C&D Landfill As originally described in the permit application, the dredged material will continue to be transported to the offloading site via barge and then transferred to trucks. The trucks will now carry the material directly to the landfill at Maims Harbor where it will be stockpiled within the designated areas. The material will then dry until it passes the paint filter test (EPA Method 9095B). Once adequately dried, the material will be utilized for top cover or mixing into the landfill at the landfill personnel's discretion. Please note that the stockpiling area is not under CAMA wetland jurisdiction. Please contact me anytime should you have any questions or need anything in addition. Sincerely, COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA, INC. Brad Rosov Senior Marine Biologist MANTEO (SHALLOWBAG) BAY MAINTENANCE DREDGEING PROJECT DARE COUNTY, NORTH CAROLINA w W IL PROPOSED UPLAND ((z� Q DISPOSALAREA W K OJ WO MAINTENANCE i DARE COUNTY DREDGE AREA REGIONAL AIRPORT W K = O Hy INDEX TO SHEETS i MANTEO z V SHALLOWBAG 1 COVER SHEET BAY 2 PROJECT PLAN VIEW + 66 "1 3-5 MAINTENANCE DREDGE AREA PLAN VIEW a t 6 ELIZABETH II DREDGE AREA PLAN VIEW O G 7-11 MAINTENANCE DREDGE AREA PROFILES J A -A', B-B', C-C', D-D' AND E-E' b Q 12 DREDGE MATERIAL OFFLOAD SITE l DREDGE MATERIAL - = y PLAN VIEW jp ORE 13 PROPOSED UPLAND DISPOSAL AREA OFFLOAD SITE �IRG1N G ' PLAN VIEW z Q 8 0 250D 5000 i GRAPHIC SCALE IN FT J _ = aA E Z E B- W i n PROJECT SITE <o Received i= __ RALEIGH D�,�,P� ,� � CHARLOTTE a0ov\C, I CAPEHATTERAS MAP 2 G 2020 .o zg e � V JACKSDNNLLE• MOREHEAD CITY / / M-E V LDDA DC G YCAPE p� < 0# GATE N.T.S. CARES A7LAN7IC i OCEAN 9f3/m r RECEIVED REASMS BY DATE y DESCRIPTION KC OMM ND. NOT FOR CONSTRUCTION APR 17 2020 43 SHEET: .EET FOR REGULATORY REVIEW ONLY T wnu<u. my -mar w. <vm a..z m-mmoenev c-- 1. ♦ i. �- '�t- -, ..: „1. \ Received Ilti y � ?� y-�+f:. �,"•, .. MAR 2 6 28_9 a loan 2DOO DARE ` ` \ GRAPHIC SCALE IN FT PROPOSED UPLAND COUNTY \ DISPOSAL REGIONAL /° ' " \ \ 9 AREAS AIRPORT A t RANGE 4 \ \RANGE 5 \\\ o r ELIZABETH II \ \ av n m DREDGE AREA SHALLOWBAG RANGE 2 BAY \\ m \\ RANGE 3 MAINTENANCE \ \ •- r_ �- \\ fln _ DREDGE AREA DREDGE MATERIAL \�\ OFFLOAD SITE I _ � PROJECT a •' _ �` \ LOCATION me•µ - _, .. - s. Y" O> APTIM COASTAL PANNING 8 eHGINEERING, INC. MANTEO (SHALLOWBAG) BAY MAINTENANCE DREDGING PROJECT OF NORTN CAROIINA, INC. xeo"o ioo•"n_ DARE COUNTY, NORTH CAROLINA llll a 0 '""'T�°- _vuw i."wi+�,:+n PROJECT PLAN VIEW v 0 S 0 N � N 303000 -F METH II DREDGE AREA \; MANTEO �B A' q ano V9agnX.NV V'BlTII\IJJU1�a9Ji1_ ROANOKE �. ISLAND FESTIVAL PARK RANGE 1 u RANGE 2 Received WAR 2 6 2020 DWEC RANGE4 A) J � = LU U W B n s SHALLOWBAG BAY Of YiM 20. 00 40\ -7 J GRAPHIC SCALE IN FT S B' NOTES: RANGE N 801000 1. DATE OF AERIAL PHOTOGRAPHY: 2016. LEGEND: 2. COORDINATES ARE IN FEET BASED ON THE NORTH CAROLINA STATE PLANE COORDINATE SYSTEM, NORTH AMERICAN DATUM OF 1983 (NAD83). MAINTENANCE DREDGE 3. ELEVATIONS ARE IN FEET REFERENCED TO MLLW, NOAA m ® AREA STATION 8652232 N 4. BATHYMETRIC SURVEY CONDUCTED BY USACE DATED: _ _ _ CENTERLINE OF FEBRUARY 14, 2020 (RANGES 1-4) g MAINTENANCE CHANNEL JANUARY 24, 2020 (RANGE 5) c o ]',e y APTIM COASTAL PLANNING A ENGINEERING, INC. MANTEO (SHALLOWBAG) BAY MAINTENANCE DREDGING PROJECT m OF NORTH CAROLINA, INC. i DARE COUNTY, NORTH CAROLINA MAINTENANCE DREDGE AREA PLAN VIEW kj- 0 , v y10 ti°So °°°°#teceiu�d 2 \o \o MAR 2 6 MO 0 200 400 GRAPHIC SCALE IN FT RANGE 4 11 SHALLOWBAG BAY ® MAINTENANCE DREDGE AREA - - - CENTERLINE OF MAINTENANCE CHANNEL DCM-EC C 7 C, E USACE NAVIGATION CHANNEL SETBACK NO ��qq. 1. pgTE OF AERIAL PHOTOGRAPHY: 2016. 2. ORDINATES ARE IN FEET BASED ON THE NORTH CAROLINA SPATE PLANE COORDINATE SYSTEM, NORTH AMERICAN UM OF 1983 (NAD83). 3. MVATIONS ARE IN FEET REFERENCED TO MLLW, NOAA M'qT STATION 8652232 ply 4. BATHYMETRIC SURVEY CONDUCTED BY USACE DATED: FEBRUARY 14, 2020 (RANGES 1-4) JANUARY 24, 2020 (RANGE S) \ COASTAL PLANNING A ENGINEERING, INC. MANTEO (SHALLOWBAG) BAY MAINTENANCE DREDGING PROJECT 'JC W T ,Y, IIR lOL�IYRM iNfVIM �INll iMllel DARE COUNTY, NORTH CAROLINA MAINTENANCE DREDGE AREA PLAN VIEW 0 o zoo aoo GRAPHIC SCALE IN FT SHAG 46 BA r LEGEND: � MAINTENANCE DREDGE AREA _. Rm�- CENTERLINE OF MAINTENANCE CHANNEL USACE NAVIGATION CHANNEL SETBACK NO 1. DATE OF AERIAL PHOTOGRAPHY: 2016. 2. COORDINATES ARE IN FEET BASED ON THE NORTH CAROLINA STATE PLANE COORDINATE SYSTEM, NORTH AMERICAN DATUM OF 1983 (NAD83). 3. ELEVATIONS ARE IN FEET REFERENCED TO MLLW, NOAA STATION 86S2232 4. BATHYMETRIC SURVEY CONDUCTED BY USACE DATED: FEBRUARY 14, 2020 (RANGES 1-4) JANUARY 24, 2020 (RANGE 5) 01 W no m` a COASTAL PLANNING A ENGINEERING, INC. m ; x m [u, x.nxxa v,mewu=varo rx �rpxwaw . WW 2 n N xUf inmllflOxly]Ll, iM lrt1�F11n A O � /Z/ /� V Mq Received MAP 2 6 220 ME= MANTEO (SHALLOWBAG) BAY MAINTENANCE DREDGING PROJECT DARE COUNTY, NORTH CAROLINA MAINTENANCE DREDGE AREA PLAN VIEW • i I� 1 0 11 r" i ' s l MAINTENANCE W �• iAREA CENTERUNE OF SECTION A -A' 10 Received MAR 2 6 zo'@ DCM-EC EXISTING BATHYMETRY FEBRUARY , 4, 2020 EL. +0.42' MIL ~ 0 W NAVD88 EL. +0.20' MLLW--� — — — — — — W LL PERMIT DEPTH _5 = 40.0'. MLLW Z ---------- ----- --� O -10 3 3 LU w -15 r 300' USACE NAVIGATION CHANNEL -20 + NOTES -100 0 100 DISTANCE FROM CHANNEL CENTERLINE (FEET) it 1. ELEVATIONS ARE IN FEET REFERENCED TO MLLW, NOAA STATION 8652232. 2. EXISTING GRADE REPRESENTS US ARMY CORPS OF ENGINEERS MANTEO-SHALLOWBAG BAY DATED: FEBRUARY 14, 2020 (RANGES 1-4). !RECEIVED APR 17 2020 tjCM—MI-ID CITY 10 5 0 -5 -10 -15 -20 u U W 0 O IY IL O z wQ wz 13J WO zQ QU - zxQ HW.� Q ZOJ Z LL O 4Za 0O QU mW o: 00 J Q x ql 3/320 er KC SECTION B-B' 10 Received MAR 2 61010 DCM-EC 10 5 EXISTING BATHYMETRY 5 FEBRUARY 14, 2020 EL. +0.42' MLLW_ I j NAVD68 EL. +0.20' MLLW __ __ _ _ - U LU PERMIT DEPTH IL _ -10,0' MLLW 5 -5 — ----- O -10 1L J1 -10 3 3 Q > i J -15 --� 100 -15 w USACE NAVIGATION CHANNEL -20 + t -20 -100 0 100 DISTANCE FROM CHANNEL CENTERLINE (FEET) NOTES: 1. ELEVATIONS ARE IN FEET REFERENCED TO MLLW, NOAA STATION 8652232. 3 2. EXISTING GRADE REPRESENTS US ARMY CORPS OF > ENGINEERS MANTEO-SHALLOWBAG BAY DATED: FEBRUARY 14, 2020 (RANGES 1-4). RECEIVED APR 17 2020 DCM—MHD CITY U W 0 O o: a z z wwa 0! z OJ ZW. Q Q U W=m Hm z O J f1-1 Qzw mma 60 QU mw o! Op J Q S 0 F3/3/20 By KC 10 5 P 0 W W LL -5 J z O -10 w w -15 5141ZS Received MAR 2 6 2020 DCM-EC SECTION C-C' EXISTING BATHYMETRY FEBRUARY 14. 2020 PERMIT DEPTH _ -10.0' MLLW L--------- - 3 3 100, USACE NAVIGATION CHANNEL -100 0 100 DISTANCE FROM CHANNEL CENTERLINE (FEET) NOTES: 1. ELEVATIONS ARE IN FEET REFERENCED TO MLLW, NOAA STATION 8652232. 2. EXISTING GRADE REPRESENTS US ARMY CORPS OF ENGINEERS MANTEO-SHALLOWBAG BAY DATED: FEBRUARY 14, 2020 (RANGES 1-4). 10 5 0 -5 -10 -15 -20 u U W 0 0. O z w¢ It 2 of WO z¢ QU zx� w~U ZOJ Z LL O x M IL 60 QU mW rc O p J x to O z Q �a RECEIVED 313nO 9r APR 17 2020 KC COMM NO.. DCM-MHD CITY 4 SHEET EET 9 SECTION D-D' 5 Received MAR 2 6 2020 DCM-EC Q W EXISTING BATHYMETRY PERMIT DEPTH LL JANUARY 24, 2020 = -1 O.O' MLLW _5 Z 3 3 0 j -15 100 USACE NAVIGATION LU CHANNEL LU co -100 0 100 DISTANCE FROM CHANNEL CENTERLINE (FEET) NOTES: 1. ELEVATIONS ARE IN FEET REFERENCED TO MLLW, NOAA STATION 8652232. 2. EXISTING GRADE REPRESENTS US ARMY CORPS OF ENGINEERS MANTEO-SHALLOWBAG BAY DATED: JANUARY 24, 2020 (RANGE 5). 5 0 -5 -10 -15 -20 W 0 O IY IL 0 z 0 13 wwQ 0:z 0 J w0 z¢ z0(2 W F U �0J ai0 mZa 00 QV mW W Op J Q S N 9 iif DATE RECEIVED 3/3/20 BY KC APR 17 2020 COMM NO. 3300334 DCM-MHD CITY SHEET 10 SECTION E-E' 10 -r- - 5 I - EXISTING BATHYMETRY AVD88 EL. +020' MLLW PERMIT DEPTH LL = -10.0' MLLW 5 - - -- --------- 2 1L J+ Z O -10 3 3 W -15 90, W ELI ABETH II DREDGE AREA -20 NOTES -100 0 100 DISTANCE FROM CHANNEL CENTERLINE (FEET) 1. ELEVATIONS ARE IN FEET REFERENCED TO MLLW, NOAA STATION 8662232. 3 2. EXISTING GRADE REPRESENTS US ARMY CORPS OF I ENGINEERS MANTEO-SHALLOWBAG BAY DATED: i FEBRUARY 14, 2020 (RANGES 14). Received, MAN 2 6 2020 DCM-EC 10 5 0 -5 -10 -15 -20 W a 6 z z c7 w0 z I- W 2 I� }2}LL �ZL o 10: u uj ?r] W z RECEIVED „„� 6Y KC APR 1 7 2020 COMM 733003343 0CM-MHD CITY SHEET 11 4 1 / I \� -s G\ y \ 7\ N 600700 \ �PS it N 800700 ML NOTES:` 1. DATE OF AERLAL PHOTOGRAPHY: 2016. ., I 2. COORDINATES ARE IN FEET BASED ON THE NORTH p 80 120 CAROLINA STATE PLANE COORDINATE SYSTEM, NORTH _f AMERICAN DATUM OF 1983 (NADB3). "iii2� 1 3. ELEVATIONS ARE IN FEET REFERENCED TO NORTH �� � GRAPHIC SCALE IN Ff AMERICAN VERTICAL DATUM, 1988 (NAVD88). • - - i ll o (((yyy y A►TW CORSTAL ■TANNING S ENGINEERING, INC. MANTEO (SHALLOWBAG) BAY MAINTENANCE DREDGING PROJECT ; mOF NORTH CAROLINA, INC DARE COUNTY, NORTH CAROLINA o �,�< �::'n;:l;:,:'„ DREDGE MATERIAL OFFLOAD SITE PLAN VIEW m 0 a Received MAP 3 1 2020 M-EC L.P.Awl PROPOSED UPLAND • DISPOSAL AREAS 71 i �'� ~• DARE COUNTY +" '' •' REGIONAL AIRPORT r zz ;r \ ^ 0 400 800 GRAPHIC SCALE Ih - 1 (!/ ,,.,.'�L `' 1 -.J x• t t; 19 NOTES: .[ �.� •a t DATE OF AERIAL PHOTOGRAPHY: 201 S. -v:f , -.'• s 1 ' - -4 , 2. COORDINATES ARE IN FEET BASED ON THE NORTH '' + `- •..,� , v CAROLINA STATE PLANE COORDINATE SYSTEM. NORTH AMERICAN DATUM OF 1983 (NAD83). m _ m• �I •YI ^ �., 3. ELEVATIONS ARE IN FEET REFERENCED TO NORTH AMERICAN VERTICAL DATUM, 1968 (NAVD88). i o i g APTIM COASTAL PLANNING A ENGINEERING, INC. MANTEO (SHALLOWBAG) BAY MAINTENANCE •DREDGING PROJECT OF NORTH CAROLINA, INC. DARE COUNTY, NORTH CAROLINA 2 WL WWMggOLWg4U. Vx.IF4 o _� nrox.gc nw lquan+„... PROPOSED UPLAND DISPOSAL AREA PLAN VIEW ROY COOPER NORTH CAROLINA Governor Envb n ental Quality MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director June 22, 2020 Dare County Robert Outten (outten@darenc.com) Dear Mr. Outten, This letter is in reference to the application submitted for Dare County, for a Coastal Area Management Act Major Permit to undertake development activities to perform dredging within Shallowbag Bay, in Dare County. Although processing of the application is nearing completion, additional time is needed for this office to complete the review and make a decision on your request. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G.S. I I3A-122(c) which would make September 5, 2020 the new deadline for reaching a decision on your request. However, we expect to take action prior to that time and will do so as soon as possible. In the interim, should you have any question on the status of your application, do not hesitate to contact me by phone (252-808-2808 ext. 215) or e-mail (gregg.bodnar@ncdenr.gov). Sincerely, Gregory W. Bodnar Assistant Major Permits Coordinator Cc: DCM Elizabeth City Kenneth Willson (kenneth.willson@aptim.com) and Brad Rosov (brad.rosov@aptim.com) North Carolina Department of Environmental Quality I Division of Coastal Management Morehead Ctty Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 252.808.2808 Bodnar, Gregg From: Bodnar, Gregg Sent: Monday, June 22, 2020 4:16 PM To: Bobby Outten - Dare County (outten@darenc.com) Cc: Willson, Kenneth; Brad Rosov; Renaldi, Ronald Subject: Shallowbag Bay Extension Attachments: Dare County Shallowbag Bay EXT.pdf Afternoon Mr. Outten, Please see above for the extension of the Shallowbag Bay Project. Currently I am awaiting USACE and once they have completed their review I hope to have a final decision shortly thereafter. Thanks, Gregg tieairaasiw--vaaenai -- - Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2848 eat 215 (office) Greae.Bodna r0ncdentgov Enall correspondence to and from this address is subject to the North Carofiea Pubfk Records tow and may be disdosed to third parties. Bodnar, Gre From: Bodnar, Gregg Sent: Thursday, May 28, 2020 1:15 PM To: Donna Creef; Owens, Charlan; Padrick, Lee; DCR - Environmental_Review; Whitfield, Clif; Harrison, James A, Harris, David B; Jenkins, Shannon; Gupton, Sharon; Hilliard, Wanda; Montalvo, Sheri A; Dumpor, Samir; Thorpe, Roger; Scarbraugh, Anthony, Dunn, Maria T.; Butler, Rodney A Cc: Renaldi, Ronald Subject: FW: [External] Shallowbag Bay Disposal Site Attachments: Landfill Disposal Letter to Renaldi.pdf Afternoon all, The agent for Dare County Shallowbag Bay Channel project has requested a change in the final location of the dredge spoil. In the application circulated the final disposal site was the Dare Co. airport. In the above attachment and summarized below the applicant is proposing to change the final disposal site to the landfill located in Manns Harbor. The dredging operation and shore based transfer site has not changed, only the final spoil site. Please let me know if this changes any previously submitted comments once you have reviewed the changes, and if you have not provided comments to date please note this change before you provide any comments. Thanks as always, Gregg Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 2S2 ON 2US ext 21S (Office) Gregg_8odnarS9ncdenr gov Finall correspondence to and from this address Is subject to the North Carolkw Public Records Law and may be disclosed to third parties. From: Renaldi, Ronald <ronald.renaldi@ncdenr.gov> Sent: Thursday, May 28, 2020 10:36 AM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Subject: FW: [External] Shallowbag Bay Disposal Site Gregg, Refresh my memory, we said refinement on this correct? See attached letter. Ron Renaldi District Manager, Northeastern District NC Division of Coastal Management NC Department of Environmental Quality Ronald. RenaldiCo ncdenr.aov (252)264-3901 401 S. Griffin St., Ste 300 Elizabeth City, NC 27909 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Brad Rosov <brosov@coastalorotectioneng.com> Sent: Thursday, May 28, 2020 8:37 AM To: Renaldi, Ronald <ronald.renaldi@ncdenr.eov> Subject: [External] Shallowbag Bay Disposal Site Good morning Ron, As I had mentioned to you on the phone a couple of weeks ago, Dare County is now seeking to disposal of the dredged material from Shallowbag Bay at the C&D Landfill located at 1603 Cub Road in Manns Harbor rather than at the Dare County Regional Airport in Manteo (which was the site included in the County's CAMA Major Permit application). Please see the attached letter describing the nature of this proposed change which includes a figure depicting the precise location of the disposal area at the landfill. Please give me a call any time to discuss. Regards, Brad Rosov Senior Marine Biologist/Project Manager Main: 910-399-1905 Mobile: 910-352-1555 brosov@coastalorotectionene.co m Coastal Protection Engineering 4038 Masonboro Loop Road Wilmington, NC 28409 Brad Rosov Senior Marine Biologist Coastal Protection Engineering of North Carolina, Inc. COASTAL PROTECTION ENGINEERING May 28, 2020 Ron Renaldi Division of Coastal Management North Carolina Department of Environmental Quality 401 S. Griffin St., Suite 300 Elizabeth, NC 27909 Subject: Shallowbag Bay Channel Maintenance Project: Disposal Area Location Dear Mr.Renaldi, 4038 Masonboro Loop Road Wilmington, North Carolina Tel: +1 910-399-1905 brosov@coastalprotectioneng.com As you are aware, an application for a CAMA Major Permit was submitted on behalf of Dare County on March 11, 2020 to allow for maintenance dredging within the federally authorized channel (Ranges 1-5) through Shallowbag Bay. The action as described in the permit application includes dredging approximately 124,063 cubic yards of material with a mechanical dredge. The material would then be transported via barge and truck to designated areas on the grounds of the Dare County Regional Airport. Since submitting the permit application, Dare County has determined that disposing the material at the county's C&D landfill located at 1603 Cub Road in Manns Harbor would be a preferred location opposed to at the airport. The landfill is well situated to accommodate this volume of material and can utilize it a both top cover and for mixing with C&D materials within the landfill. County representatives have coordinated with the landfill staff to determine that the landfill has capacity and would welcome this material. The specific location for stockpiling within the landfill property will be limited to within two cells. Once cell encompasses approximately 21 acres of land while the other encompasses approximately 17 acres (Figure 1). The landfill holds an active mining permit (#24-28) issued by DEMLR. Through coordination with DEMLR, it has been determined that the disposal and stockpiling of this material within the two cells at the.landfill would be covered by the landfill's mining permit. In addition, the Division of Solid Waste (DSW) has reviewed a risk -based screening analysis that was performed to evaluate human health -based exposure risks and environment protection -based (i.e., "protection of groundwater") risks to any metals and volatile organic carbons detected in the material within the proposed dredged areas. From a regulatory perspective, the DSW determined that the material can either be disposed within the landfill or used as operational cover. Figure 1. Dredge disposal sites at the Manus Harbor C&D Landfill As originally described in the permit application, the dredged material will continue to be transported to the offloading site via barge and then transferred to trucks. The trucks will now carry the material directly to the landfill at Maims Harbor where it will be stockpiled within the designated areas. The material will then dry until it passes the paint filter test (EPA Method 9095B). Once adequately dried, the material will be utilized for top cover or mixing into the landfill at the landfill personnel's discretion. Please note that the stockpiling area is not under CAMA wetland jurisdiction. Please contact me anytime should you have any questions or need anything in addition. Sincerely, COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA, INC. Brad Rosov Senior Marine Biologist DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Dare County COUNTY: Dare PROJECT NAME: Shallowbag Bay Chanel Maintenance Dredge LOCATION OF PROJECT: Ranges 1-5 of a Federal Navigational Channel that begins south of Doughs Creek between the Manteo Town docks off of Queen Elizabeth Ave & Roanoke Island Festival Park, extending through Shallowbag Bay to the Roanoke Sound DATE APPLICATION RECEIVED COMPLETE BY FIELD: 4-8-20 FIELD RECOMMENDATION: Attached: No To Be Forwarded: Yes FIELD REPRESENTATIVE: Ron RenafdJ DISTRICT OFFICE: Elizabeth City DISTRICT MANAGER REVIEW Date 4 / 13 1 a o B) DATE RECEIVED BY MAJOR PERMITS UNIT: APPLICATION ASSIGNED TO: Bodnar PUBLIC NOTICE REC'D: 4-22-20 ADJ. RIP. PROP NOTICES RECD: C) 75 DAY DEADLINE: 6-22-20 EMAIL OUT DATE: 4-17-20 PERMIT FINAL ACTION: ISSUE DENY FEE REC'D: $475 (6W40) # IV RECEIVED END OF NOTICE DATE: 5-12-20 DEED REC'D: Yes ¢� APR 17 2020 150 DAY DEADLINE: '1S ZO -MHD CITY STATE DUE DATE: 541-20 AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES DCM - Field Rep DCM - LUP Consistency Determination Zq Za �^*St5 Local Permit Officer Corps of Engineers - Regulatory Branch tho Pzo - c67oi %^o ra(W I DWR-401 Section (9 20- CS-31 DWR-Public Water Supply qtrofzo k DEMLR-Stormwater DEMLR-Sed and Erosion DOA - State Property Office sGi I c Wildlife Resources Commission ?a { DMF - Shellfish Section ?f{ Lv k 5( jo OIL r Y� DMF - Habitat&Enhancement lj Zv r� DNCR-Archives&History DNCR - Natural Heritage Program NCDOT NC Dept of Commerce .0 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director TO: NORTH CAROLINA Environmental QuaUry 161010111 1171\►111113I Gregg Bodnar, Assistant Major Permits Coordinator THROUGH: Ron Renaldi, District Manager R A.i2. DATE: April 28, 2020 SUBJECT: Dare County, Shallowbag Bay Maintenance Project Major Permit Recommendations Dare County is proposing to mechanically maintenance dredge Ranges 1-5 of a Federally authorized channel extending from the Manteo Town docks located at the mouth of Doughs Creek, through Shallowbag Bay and into the Roanoke Sound. The project will also include the maintenance dredging of a connector channel extending from Range 1 of the channel to the berth of the Elizabeth II moored at Roanoke Island Festival Park. Additional dredging is proposed within an open water area that has not previously been dredged adjacent to the proposed offload site so that spoil laden barges may safely navigate to the site. The site of the proposed development is located within Ranges 1-5 of a Federal Navigational Channel that begins south of Doughs Creek between the Manteo Town docks off of Queen Elizabeth Ave and Roanoke Island Festival Park, extending through Shallowbag Bay to the Roanoke Sound, Dare County. The development proposal involves the Public Trust Area (PTA), Estuarine Waters (EW), and Estuarine Shoreline (ES) Areas of Environmental Concern (AFC's). I have reviewed the Rules of the Coastal Resources Commission (CRC) as they pertain to this project and my findings are as follows: 15A NCAC 07H.0208 Use Standards Paragraph (a) addresses General Use Standards, and sub -paragraph (1) precludes uses that are not water dependent within the EW and PTA and lists uses that may be considered water dependent. Consistent: The proposed development is consistent with the intent of this rule. RECEIVED MAY 01 Z020 North Carolina Department of Environmental Quality I Division of Coastal Management DCM-MHD CITY Elizabeth Cny Office 1 401 South Grt fin Street, Suite 301 1 Elizabeth City, North Carolina 27909 Gregg Bodnar, Assistant Major Permits Coordinator Dare County, Shallowbag Bay Maintenance Project Major Permit Recommendations April 28, 2020 Page 2 Paragraph (a)(2)(A) states that the location, design, and need for development, as well as the construction activities involved shall be consistent with the management objective of the Estuarine and Ocean System AEC and shall be sited and designed to avoid significant adverse impacts upon the productivity and biologic integrity of coastal wetlands, shellfish beds, submerged aquatic vegetation as defined by the Marine Fisheries Commission, and spawning and nursery areas. Consistent: As per the submitted documentation, there are no areas of SAV, shellfish beds or coastal wetlands that will be impacted by the proposed dredging. The portion of dredging within a PNA has previously been dredged and is now considered maintenance dredging. Paragraph (a)(2)(B) states that development shall comply with state and federal water and air quality standards. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(C) states that development shall not cause irreversible damage to documented archaeological or historic resources as identified by the N.C. Department of Cultural Resources. Consistent: A letter received from the N.C. Department of Cultural Resources dated 4/15/2020 stated that they are not aware of any historic resources that would be affected by the project. Paragraph (a)(2)(D) states that development shall not increase siltation. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(E) states that development shall not create stagnant water bodies. Consistent: The proposed development is consistent with the intent of this rule — Paragraph (a)(2)(F) states that development shall be timed to avoid significant adverse impacts on life cycles of estuarine and ocean resources. Consistent: The applicant has acknowledged that there will be a dredging moratorium for the project and will abide by it. Paragraph (a)(2)(G) states that development shall not jeopardize the use of the waters for navigation or for other public trust rights in public trust areas including estuarine waters. Consistent: The proposed development is consistent with the intent of this rule. r Gregg Bodnar, Assistant Major Permits Coordinator Dare County, Shallowbag Bay Maintenance Project Major Permit Recommendations April 28, 2020 Page 3 Paragraph (b) addresses Specific Use Standards. Of these, (1) Navigation, channels, canals and boat basins, pertain to this project and those subparagraphs not listed are not applicable to this project. Paragraph (1) Navigation Channels, Canals, and Boat Basins Paragraph I states that navigation channels, canals and boat basins shall be aligned or located so as to avoid primary nursery areas, shellfish beds, beds of submerged aquatic vegetation as defined by the MFC, or areas of coastal wetlands except as otherwise allowed within this subchapter. Consistent: As per the submitted documentation, there are no areas of SAV, shellfish beds or coastal wetlands that will be impacted by the proposed dredging. The portion of dredging within a PNA has previously been dredged and is now considered maintenance dredging. Subparagraph (1)(A) states that navigation channels and canals may be allowed through fringes of regularly and irregularly flooded coastal wetlands if the loss of wetlands will have no significant adverse impacts on fishery resources, water quality or adjacent wetlands, and, if there is no reasonable alternative that would avoid the wetland losses. Consistent: Coastal wetland impacts are not anticipated. Subparagraph (1)(B) states that all dredged material shall be confined landward of regularly and irregularly flooded coastal wetlands and stabilized to prevent entry of sediments into the adjacent water bodies or coastal wetlands. Consistent: The proposed development is consistent with the intent of this rule. Subparagraph (1)(C) states that dredged material from maintenance of channels and canals through irregularly flooded wetlands shall be placed on non -wetland areas, remnant spoil piles, or disposed of by a method having no significant, long-term wetland impacts. Under no circumstances shall dredged material be placed on regularly flooded wetlands. New dredged material disposal areas shall not be located in the buffer area as outlined in 15A NCAC 07H .0209(d)(10). Consistent: The proposed development is consistent with the intent of this rule. Subparagraph (1)(D) states that widths of excavated canals and channels shall be the minimum required to meet the applicant's needs but not impair water circulation. Consistent: The proposed development is consistent with the intent of this rule. RECEIVED MAY 01 2020 DCM_MHD CITY Gregg Bodnar, Assistant Major Permits Coordinator Dare County, Shallowbag Bay Maintenance Project Major Permit Recommendations April 28, 2020 Page 4 Subparagraph (1)(F) states that any canal or boat basin shall be excavated no deeper than the depth of the connecting waters. Consistent: The proposed development is consistent with the intent of this rule. The proposed 10' MLLW dredge depth matches the connective depth found in Range 5. This also holds. true for the proposed dredging within the adjacent waters near the offload site where a dredge depth of 6' MLLW is proposed. Subparagraph (1)(I) states that maintenance excavation in canals, channels and boat basins within primary nursery areas and areas of submerged aquatic vegetation as defined by the MFC shall be avoided. However, when essential to maintain a traditional and established use, maintenance excavation may be approved if the applicant meets all of the following criteria:' (i) The applicant demonstrates and documents that a water -dependent need exists for the excavation; Consistent: The proposed development is within an existing federally authorized channel as well as,a previously authorized connector channel to the Elizabeth II moored at Festival Park. (ii) There exists a previously permitted channel that was constructed or maintained under permits issued by the State or Federal government. If a natural channel was in use, or if a human -made channel was constructed before permitting was necessary, there shall be evidence that the channelmas continuously used for a specific purpose; Consistent: The proposed development is within an existing federally authorized channel as well as a previously authorized connector channel to the Elizabeth II moored at Festival Park (iii) Excavated material can be removed and placed in a disposal area in accordance with Part (b)(1)(B) of this Rule without impacting adjacent nursery areas and submerged aquatic vegetation as defined by the MFC; and Consistent: The proposed development is consistent with the intent of this rule. - (iv) The original depth and width of a human -made or natural channel shall not be increased to allow a new or expanded use of the channel. Consistent: The proposed dredging is within previously authorized footprints. 15A NCAC 07K 0209 Coastal Shorelines (d)' Use Standards. Acceptable uses shall be those consistent with the management objectives in Paragraph (c) of this Rule. These uses shall be limited to those types of development activities that will not be detrimental to the public trust rights and the biological and physical functions of the estuarine and ocean system. Every effort shall be made by the permit applicant to avoid, Gregg Bodnar, Assistant Major Permits Coordinator Dare County, Shallowbag Bay Maintenance Project Major Permit Recommendations April 28, 2020 Page 5 mitigate or reduce adverse impacts of development to estuarine and coastal systems through the planning and design of the development project. In every instance, the particular location, use, and design characteristics shall comply with the general use and specific use standards for coastal shorelines, and where applicable, the general use and specific use standards for coastal wetlands, estuarine waters, and public trust areas described in Rule .0208 of this Section. Development shall be compatible with the following standards: (1) All development projects, proposals, and designs shall preserve and not weaken or eliminate natural barriers to erosion including peat marshland, resistant clay shorelines, and cypress -gum protective fringe areas adjacent to vulnerable shorelines. Consistent: The proposed development is consistent with the intent of this rule. (2) All development projects, proposals, and designs shall limit the construction of impervious surfaces and areas not allowing natural drainage to only so much as is necessary to adequately service the major purpose or use for which the lot is to be developed. Impervious surfaces shall not exceed 30 percent of the AEC area of the lot, unless the applicant can effectively demonstrate, through innovative design, that the protection provided by the design would be equal to or exceed the protection by the 30 percent limitation. Redevelopment of areas exceeding the 30 percent impervious surface limitation may be permitted if impervious areas are not increased and the applicant designs the project to comply with the intent of the rule to the maximum extent feasible. Consistent: The proposed development is consistent with the intent of this rule. (3) All development projects, proposals, and designs shall comply with the following mandatory standards of the North Carolina Sedimentation Pollution Control Act of 1973: (A) All development projects, proposals, and designs shall provide for a buffer zone along the margin of the estuarine water which is sufficient to confine visible siltation within 25 percent of the buffer zone nearest the land disturbing development. Consistent: The proposed development is consistent with the intent of this rule. (B) No development project proposal or design shall permit an angle for graded slopes or fill which is greater than an angle which can be retained by vegetative cover or other erosion -control devices or structures. Consistent: The proposed development is consistent with the intent of this rule. (C) All development projects, proposals, and designs which involve uncovering more than one acre of land shall plant a ground cover sufficient to restrain erosion within 30 working days of completion of the grading; provided that this shall not apply to clearing land for the puW&,19VED forming a reservoir later to be inundated. Consistent: The proposed development is consistent with the intent of this rule. MAY 01 2020 DCM-MHD CITY Gregg Bodnar, Assistant Major Permits Coordinator Dare County, Shallowbag Bay Maintenance Project Major Permit Recommendations April 28, 2020 Page 6 (4) Development shall not have a significant adverse impact on estuarine and ocean resources. Significant adverse impacts include development that would directly or indirectly impair water quality standards, increase shoreline erosion, alter coastal wetlands or Submerged Aquatic Vegetation (SAV), deposit spoils waterward of normal water level or normal high water, or cause degradation of shellfish beds. Consistent: The proposed development is consistent with the intent of this rule. (5) Development shall not interfere with existing public rights of access to, or use of, navigable waters or public resources. Consistent: The proposed development is consistent with the intent of this rule. (7) Development shall not cause irreversible damage to valuable, historic architectural or - archaeological resources as documented by the local historic commission or the North Carolina Department of Cultural Resources. Consistent: The proposed development is consistent with the intent of this rule. (8) Established common-law and statutory public rights of access to the public trust lands and waters in estuarine areas shall not be eliminated or restricted. Development shall not encroach upon public accessways nor shall it limit the intended use of the accessways. Consistent: The proposed development is consistent with the intent of this rule. (10) Within the Coastal Shorelines category (estuarine and public trust shoreline AECs), new development shall be located a distance of 30 feet landward of the normal water level or normal high water level, with the exception of the following: (A) Water -dependent uses as described in Rule 07H .0208(a)(1) of this Section; Consistent: The proposed development is consistent with the intent of this rule. Based on my review of the applicable subsections of the North Carolina Administrative Code, the permit application and plans, I recommend a permit be issued to Dare County for the development as proposed. ROY COOPER G.w MICHAELS.REOAN s�-Y, BRAXTON C. DAVIS vhe April 17, 2020 MEMORANDUM: (L� >9�W eR wk� " NORTH CAROUNA F.Wb. emm2Q..h1y FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) greoa.bodnarno ncdenr.aov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Dare County Project Location: Shallowbag Bay, Manteo in Dare County Proposed Project: Mechanically maintenance dredge Ranges 1-5 of a Federally authorized channel extending from the mouth of Doughs Creek, through Shallowbag Bay and into the Roanoke Sound in Dare County. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by May 8, 2020. If you have any questions regarding the proposed project, contact Audy Peoples (252-264-3901, ext. 232) when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** X_ This agency has no co roposed project. This agency appr ly if the recommended changes are incorporated. f4aeHe This W&qL9WWJ9 h1 e r �if� o�&g a cr1bed in the attached COn7n98Rtf) 1 I 4015 hGMins LSWte300I E4ebnh OMNwth CmdWMO 2R26/3901 PRINT NAME Lee Padrick NC Commerce AGENCY }� SIGNATURE V RECEIVED DATE 4-24-20 APR 2 d 2020 WIP SECTION NIHD ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director April 17, 2020 MEMORANDUM: NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) areac.bodnarCc1)ncdenr.gov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Dare County Project Location: Shallowbag Bay, Manteo in Dare County Proposed Project: Mechanically maintenance dredge Ranges 1-5 of a Federally authorized channel extending from the mouth of Doughs Creek, through Shallowbag Bay and Into the Roanoke Sound In Dare County. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greats Bodnar at the address above by May 8, 2020. If you have any questions regarding the proposed project,. contact Audy Peoples (252-264-3901, ext. 232) when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "*Additional comments may be attached" 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. PRINT NAME Clif Whitfield AGENCY Public Water Su SIGNATURE DATE 4-20-2020 5, ®_EQP a �.. RECCEfl ail E® APR 2 n 2020 NIP SECTION MHD North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth Chy Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909 252.264.3901 ROY COOPER Goveator. MICHAELS.REGAN Secretary BRAXTON C. DAMS DlrecW April 17, 2020 MEMORANDUM: NORTH'CAROLINA EyrvGonmentarQualtry FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier04-1&33) gregn. bodnarCtilncdenr.gov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Dare County Project Location: Shallowbag Bay, Manteo in Dare County Proposed Project: Mechanically maintenance dredge Ranges 1-6 of a Federally authorized channel extending from the mouth of Doughs Creek, through Shallowbag Bay and into the Roanoke Sound in Dare County. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greaa Bodnar at the address above by May 8, 2020. If you have any questions regarding the proposed project, contact Audy Peoples (252-264-3901, ext 232) when appropriate, in- depth comments with supporting data is requested. i his agency has no objection to the project as proposed. "Additional comments may be attached" 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 PRINT NAME C,414 Ld_ NI 01#MS AGENCY i' D a �� SIGNATU 2020 D _EQ��P SECTIONMH® North Carolina Department of Environmental Quality I Division of Coastal Management Ellzabeth0ty Office 1401 South Griffin Street, Strite 3001 Elizabeth Ctty,North Carolma27909 2S2.2643901 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director Jtl:4uLolNe1.Ioil IJi NORTH CAROLINA Environmental Quality TO: Gregg Bodnar, Major Permits Processing Coordinator Division of Coastal Management FROM: Chadan Owen ICP, NE District Planner Division of Coa tal Management, SUBJECT: Major Permit Request by Dare County to dredge channel Ranges 1 through 5 from Dough's Creek, through Shallowbag Bay and into the Roanoke Sound and a connecting channel between Dough's Creek and Roanoke Island Festival Park to a depth of -10 feet MLLW, and dredge an approach corridor between Shallowbag Bay and the Marshes Light marina to a depth of -6 feet MLLW; in the Town of Manteo and Dare County. DATE: April 28, 2020 Consistency Determination: The request is consistent with/not in conflict with the Town of Manteo 2007 Land Use Plan certified by the CRC on July 27, 2007, as amended through February 12, 2009, and; the Dare County 2009 Land Use Plan certified by the CRC on February 24, 2011. Overview: The project area consists of three (3) sites: in -water channels designated as Ranges 1 through 5 that extend from Dough's Creek, through Shallowbag Bay and into the Roanoke Sound, and a connector channel that extends from Range 1 at Dough's Creek to a berth at Roanoke Island Festival Park; upland shoreline and adjacent open waters at the Marshes Light subdivision marina located at 302 Dartmoor Lane, and; four (4) upland locations on the Dare County Regional Airport property at 410 Airport Road. Range 1 is a 200 foot wide by approximately 500 feet long channel that begins at the mouth of Dough's Creek and extends to Shallowbag Bay. Existing depths are between -7 feet and -9 feet MLLW. Ranges 2 through 5 are 100 foot wide and extend 2.2 miles through Shallowbag Bay and into the Roanoke Sound. Existing depths for Ranges 2-4 are -4 feet to -10 feet MLLW. The average depth in Ranges 1-5 is -5 feet MLLW. According to a USACE study in January and February of 2020, navigability in these ranges has been compromised due to shoaling. The 70 foot wide by 290 foot long connection channel extends from Range 1 at Dough's Creek to the berth of the Elizabeth 11, a representative 16th century three -masted, six -sailed wooden vessel. The vessel is moored with five (5) fixed dolphins and is accessed via a wooden pier and platform extending from Roanoke Island Festival Park. Due to shoaling, the vessel, which requires an 8 D_EQ�� RECEIVED �ryvG¢M� mnnW 0ull1,� APR 2 a 2020 North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street. Suite 300 1 Elizabeth City, North Carolina 27909 2SZ264.3901 MP SECTION MHD North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 2 of 6 foot draft, is unable to travel for maintenance. Existing depths within the connector channel range from -4 feet to -7 feet MLLW. Existing site improvements at the Marshes Light subdivision marina include a 50 foot by 200 foot gravel parking area and gravel access road to Uppowac Avenue. The site is in the AE (8) Floodzone. Existing shoreline improvements consist of approximately 1,000 linear feet of bulkhead, with dock and pier facilities that provide 30 slips within a basin area and 31 slips on open water. A 135 wide by 420 foot long approach corridor has been identified in open waters between the channel in Shallowbag Bay and the southeast shoreline of the marina property. Water depths in the approach corridor range from -1 foot to -7 foot MLLW. The Dare County Regional Airport is located on the Croatan Sound at the terminus of Airport Road. The airport, along with other abutting, county owned land, encompasses approximately 315 acres. A number of grassed, undeveloped areas are dispersed throughout the airport and surrounding county properties. The properties are primarily located outside of a Floodzone, though some areas along the sound and to the south and east are located in the AE (7) Floodzone. The connector channel, the channels in Dough's Creek and Shallowbag Bay, the approach corridor and the Marshes Light marina are located within the Town of Manteo while the channel in the Roanoke Sound and the Dare County Regional Airport are located in Dare County. Channel Ranges 1 through 5 have been Federal authorized channels since at least the 1950's. The connecting channel from Range 1 to the Roanoke Island Festival Park was authorized in July 1983 under CAMA Major Permit #83-82. Dredging of channel Ranges 1 through 5 from Dough's Creek, through Shallowbag Bay and into the Roanoke Sound and a connecting channel between Dough's Creek and Roanoke Island Festival Park to a depth of -10 feet MLLW, and dredging of an approach corridor between Shallowbag Bay and the Marshes Light marina to a depth of -6 feet MLLW are proposed. Ranges 1 through 5 will be dredged to a width of 100 feet and length of 11,800 feet with 3:1 side slopes. The connecting channel will be dredged to a width of 70 feet and length of 290 feet with 3:1 side slopes. The approach corridor will most likely be dredged to a 75 foot wide channel, though a 135 foot wide channel has been identified to account for shoaling that may impede navigation. The approach corridor will be dredged to a length of 420 feet. In total, approximately 129,348 cubic yards of spoil material will be removed. Dredge spoil material will be transported via barges to the Marshes Light marina where it will be immediately transferred to dump trucks. Dump trucks will transfer the material to the Dare County Regional Airport where it will be placed within four (4) upland disposal areas totaling 35 acres. Spoil sites are located a minimum of 525 feet from the shoreline. Spoil areas will be stabilized. Bulldozers will then grade dry spoil material. The waters of Dough's Creek are designated as Primary Nursery Area, classified as SC;HQW waters and are closed to shellfishing, Inner Shallowbag Bay is designated as a permanent Secondary Nursery Area and Outer Shallowbag Bay is designated as a Special Secondary Nursery Area; both are classified as SC waters and are closed to shellfishing. The Roanoke Sound is classified as SA; HQW and is open to shellfishing within the project area. All of the waterbodies are considered Coastal Waters. SAV was not growing within the vicinity of the project area. Known shellfish resources lie outside of the dredging footprint. t i p cr .1%or historic resources within the proposed dredge areas are anticipated. APR 2 9 2020 WIP SECTION MH® North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 3 of 6 Anticipated Impacts resulting from this project are expected to include: the dredging of 34.52 acres of Public Trust Area/Estuarine Waters Areas of Environmental Concern (AEC); the filling of 35.03 acres of High Ground outside of an AEC, and; the potential disturbance of 2,700 sq. ft. of High Ground within the Estuarine Shoreline AEC. Basis for Determination: The connector channel, the channels in Dough's Creek and Shallowbag Bay, the approach corridor and the Marshes Light marina are located within the Town of Manteo while the channel in the Roanoke Sound and the Dare County Regional Airport are located in Dare County. Town of Manteo The Marshes Light marina property is designated as "Mixed Use" on the Town of Manteo Future Land Use Map. The waters of Dough's Creek and Shallowbag Bay are not designated. Spoil transfer/loading will occur on the marina property with no improvements proposed. Definitions of key words are provided on page 94. These words include "Continue", "Encourage", "Identify", "Implement", "Protect", "Enhance", "Maintain, "Should", and "Support". The following LUP policies may be applicable to this request. Public Access: PA Policy 1, Page 97. "Public access to the public trust waters, waterfront, and marshes should be preserved, planned, built, and maintained." Land Use Compatibility: LUC Policy 12, Pages 101 and 102. .. The Town should continue to protect, enhance, and manage its natural resources including public trust waters, coastal and upland wetlands, and primary nursery areas from the adverse impacts associated with residential, commercial, and recreational uses." RECEIVED E® APR 2 9 2020 MP SECTION MHD North Carolina Department of Environmental Quality Division of Coastal Management Dare County MEMORANDUM Page 4 of 6 The Dare County Land Classification Map identifies the Dare County Airport property as "Community Residential". As indicated on Page 217, the "Conservation" designation applies to all CAMA Areas of Environmental Concern (AECs) and all federal lands except for the bombing ranges on the Mainland and some state - owned lands in Frisco and Buxton. As indicated on Page 214 for the "Community Residential" designation..."Land disturbing activities that alter or destroy natural vegetation, drainage, topography, and sand hills are not considered compatible and are discouraged. Prescriptive vegetation removal and best management practices of the NC Forest Service are encouraged. As indicated on Page 217 for the "Conservation" designation, "...development should be limited to residential development and traditional accessory uses permitted in the CAMA AECs such as but not limited to piers, docks, and crab - shedders." The purpose of the "Conservation" classification is to provide for the effective long - term management and protection of significant, limited, or irreplaceable areas. Land disturbing activities should not occur unless in conjunction with an authorized development. Authorized development should include provisions and conditions that minimize impacts to any natural, cultural, historic, and scenic values of the areas authorized for development. The following LUP policies may be applicable to this request. Public Access: Policy PA#1, Page 142. "Dare County supports the preservation and protection of the public's right to access and use of the public trust areas and waters." Land Use Compatibility: Archaeological/Historic Resources Policy LUC#15, Page 159. "The Dare County Board of Commissioners supports the protection of structures, lands, and artifacts that have been identified by the NC Department of Cultural Resources, Division of Archives and History, as archaeologically or historically significant. On a case -by -case basis individRIECEIVED A P R 2 9 2020 MP SECTION MHD North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 5 of 6 protection/management strategies should be implemented to ensure archaeological and/or historical resources are not destroyed." Natural Hazards: Estuarine Systems Policy NH#2, Page 180. Implementation Strategy, Page 180. 1.1. Rely on existing CAMA AEC regulations to address development activities along the ocean beaches, estuarine shoreline, and other public trust areas in unincorporated Dare County..." Policy NH#5, Page 181. "Dare County supports, as minimum standards, the administration and enforcement of all applicable floodplain management regulations and the National Flood Insurance Program..." Water Quality: Policy WQ#2, Page 188. "Development projects shall be designed and constructed to minimize detrimental impacts on surface water quality, groundwater quality, and air quality..." Policy WQ#5, Page 190. "Efforts to manage stormwater runoff should be based on local conditions and natural features..." Fisheries Resources Policy WQ#11, Page 193. "Dare County recognizes the importance of our surrounding waters that serve as habitats for the area's abundant fisheries resources. The continued E-CEIVE® APR 2 9 2020 WiP SECTION MHD North Carolina Department of Environmental Quality Division of Coastal Management productivity of Dare County's fisheries shall be fostered through restoration and protection of the unique ecosystems upon which they depend. Dare County supports measures to protect and preserve designated primary nursery areas by the Division of Marine Fisheries..." Local Areas of Concern: Policy LAC#10, Page 202. "Dare County advocates the dredging and other associated maintenance activities of all existing navigable channels, canals, boat basins, marinas and waterways. Such activities are of vital importance to our local residents, fisherman, and tourist economy." MEMORANDUM Page 6 of 6 APR 2 9 2020 MP SECTION MHD Bodnar, Gregg From: Harrison, James A Sent: Thursday, May 28, 2020 9:01 AM To: Bodnar, Gregg; Renaldi, Ronald Cc: Deaton, Anne; Dunn, Maria T. Subject: Re: CAMA - Dare County Shallow Bag Bay Maintenance Dredging Project Good morning Gregg and Ron, I just wanted to check in with you and verify that the moratorium dates proposed by the applicant (April 1 - Sept 30) would be a permit requirement for the Shallowbag Bay dredging? DMF's decision to go with a "No Comment" response was dependent on the moratorium being adhered to. Deviation from the project details, specifically, the proposed moratorium, may negate DMF's "No Comment" response and warrant further discussion. Any info is appreciated. Jimmy Jimmy Harrison Ha6itat and rInbancernent Section NC Division of Marine Fisheries ja rres.ba rrison@ncdennizov 252-948-3835 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. ROY COOPER Govemor MICHAEL S. REGAN secretary BRAXTON C.DAMS Director April 17, 2020 NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28657 Fax: 252-247-3330 (Courier 04-16-33) grego, bod narCiilncdenr. oov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Dare County Project Location: Shallowbag Bay, Manteo in Dare County Proposed Project: Mechanically maintenance dredge Ranges 1-5 of a Federally authorized channel extending from the mouth of Doughs Creek, through Shallowbag Bay and into the Roanoke Sound in Dare County. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grego Bodnar at the address above by May 8, 2020. If you have any questions regarding the proposed project, contact Audy Peoples (252-264-3901, ext. 232) when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** x 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. PRINT NAME James Harrison AGENCY NCCDDM_F._'_' RECEIVED SIGNATURE DATE 04/24/2020 APR 2 7 2020 DEQZ. MP SECTION MHD North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909 2522643901 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director April 17, 2020 MEMORANDUM: NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) gregg.bodnano)ncdenr.gov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Dare County Project Location: Shallowbag Bay, Manteo in Dare County Proposed Project: Mechanically maintenance dredge Ranges 1-5 of a Federally authorized channel extending from the mouth of Doughs Creek, through Shallowbag Bay and into the Roanoke Sound in Dare County. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grego Bodnar at the address above by May 8, 2020. If you have any questions regarding the proposed project, contact Audy Peoples (252-264-3901, ext. 232) when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached** _X_ 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. PRINT NAME Kacee C Zinn AGENCY NCDMF Shellfish Sanitation RECEIVE® SIGNATURE for Shannon Jenkins DATE 4/24/20 APR 2 4 2020 MP SECTION MHD North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street. Suite 300 1 Elizabeth City. North Carolina 27909 252.264,3901 Bodnar, Gregg From: Haines, Andrew Sent: Thursday, May 28, 2020 1:42 PM To: Jenkins, Shannon; Bodnar, Gregg Subject: RE: [External] Shallowbag Bay Disposal Site Hi Gregg, This new disposal location will not change the "No Comment' that we submitted earlier. Thanks for the update Andy Andrew Haines Environmental Program Supervisor II Division of Marine Fisheries — Shellfish Sanitation and Recreational Water Quality Section Department of Environmental Quality 252-808-8149 office and rew. ha i nesCrilncden r. oov PO Box 769 Morehead City, NC 28557 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Jenkins, Shannon Sent: Thursday, May 28, 20201:21 PM To: Haines, Andrew <andrew.haines@ncdenr.gov> Subject: FW: [External] Shallowbag Bay Disposal Site Shannon Jenkins Section Chief, Shellfish Sanitation and Recreational Water Quality Division of Marine Fisheries North Carolina Department of Environmental Quality 252-808-8148 Office shannon.]enkins0ricdenr. aov PO Box 769 Morehead City, NC 28557 KC!?"NothingConpares.-,,._ Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Bodnar, Gregg Sent: Thursday, May 28, 2020 1:15 PM a llorth Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Banos, Administrator Governor Roy Cooper Office of Archives and History secretary Susi H. Hamilton Deputy secretary Kevin Cherry April 15, 2020 Ron Renaldi ron.renaldi@ncdennggov North Carolina Department of Environmental Quality 401 South Griffin Street, Suite 300 Elizabeth City, NC 27909 Re: Dredge Shallowbag Bay Navigation Channel, Manteo, ER 20-0655 Dear Mr. Remaldi, Thank you for your letter of March 6, 2020, concerning the above project. We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579 or environmental.review(d�ncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, amona Bartos, Deputy State Historic Preservation Officer RECEIVED APR 2 7 2020 MP SECTION MHD Location: 109 Bast Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service (cote,,Raleigh NC 27699-4617 Telephone/Fax: (919) 807-6570/807-6599 MULeWt!U: 7/ // LULU Historic Preservation Office ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director April 17, 2020 MEMORANDUM: NORTH CAROLINA Environmental Quality ER 20-0914 FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) g regg. bodnar(a)ncdenr.gov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Dare County Project Location: Shallowbag Bay, Manteo in Dare County Due: 5/15/2020 NC A -- NCH 0510812020 Proposed Project: Mechanically maintenance dredge Ranges 1-5 of a Federally authorized channel extending from the mouth of Doughs Creek, through Shallowbag Bay and into the Roanoke Sound in Dare County. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by May 8, 2020. If you have any questions regarding the proposed project, contact Audy Peoples (252-264-3901, ext. 232) when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" X 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. PRINT NAME Renee Gledhill -Earley AGENCY Historic Preservation Office RECEIVE) SIGNATURE _ R�Wiulka DATE 05/13/2020 M AY 1 3 2020 MP SECTION MHD North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street, Suite 3001 Elizabeth City, North Carollm 27909 252.264.3901 171 North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Banos, Administrator Governor Roy Cooper Secretary Susi H. Hamilton June 19, 2020 Brad Rosov Coastal Protection Engineering of North Carolina, Inc. 4038 Masonboro Loop Road Wilmington, NC8409 Office of Archives and History Deputy Secretary Kevin Cherry brosov@coastalprotecdoneng.corn Re: Mechanical maintenance dredge Ranges 1-5 from the mouth of Doughs Creek, through Shallowbag Bay and into the Roanoke Sound, Dare County, ER 20-0914 Dear Mr. Rosov: Thank you for your einail of May 28, 2020, concerning the above project. We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579 or envitonmental.review@ncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, k,yRamona Bartos, Deputy State Historic Preservation Officer cc: Gregg Bodnar, NCDENR Gregg.bodnar@ncdent.gov RECEIVED JUN 1 9 2020 MP SECTION MHD Location: 109 Eastlones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Tdephone/Fax: (919) 807-6570/807-6599 ROY COOPER coveruor` MICkMLS. BEGAN S-- a aly BRAXTON C. DAVIS Ofrec6r April-17, 2020 NORTH CAROLINA Environmental Qualfty FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) greoa.bodnar(a nodenr.cov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Project Location: Proposed Project: Dare County Shallowbag Bay, Manteo in Dare County Mechanically maintenance dredge Ranges 1-6 of a Federally authorized channel extending from the mouth of Doughs Creek, through Shallowbag Bay and into the Roanoke Sound in Dare County. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greaa Bodnar at the address above by May 8, 2020. If you have any questions regarding the proposed project, contact Audy Peoples (252-264-3901, ext. 232) when appropriate, in- depth comments with supporting data is requested. 11 REPLY: _ This agency has no objection to the project as proposed. "Additional comments may be attached" 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. PRINT NAME '5AMf AGENCYcMLC2 SIGNATURE _C i DATE 7>5 St S 'TLA1� "AV l-aovAL- 24aMul9si> Tt ,C: r 1 Ac cr- ��C��ED MAY 1 2020 North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street. Suite 300 1 Elizabeth City. North Carolina 27909 252.264.3901 MP SECTION MHD Bodnar, Gregg From: Moore, Bill Sent: Thursday, April 30, 2020 4:08 PM To: Bodnar, Gregg Subject: CAMA Projects - SW comments Hey Gregg, I reviewed the following CAMA Major applications & determined that no sw permit will be required. Let me know if you have questions. 1) SW7200408 — Shallowbag Bay Dredging Project— Dare County: sw exempt. 2) SW7200413 —Queens Point ECA Pier Project —Craven County: sw exempt. ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director April 17, 2020 MEMORANDUM: NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) gregg. bod narC&ncdenr.gov SUBJECT: CAMA/Dredge & Fill Application Review Applicant. Dare County Project Location: Shallowbag Bay, Manteo In Dare County Proposed Project: Mechanically maintenance dredge Ranges 1-5 of a Federally authorized channel extending from the mouth of Doughs Creek, through Shallowbag Bay and into the Roanoke Sound In Dare County. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greau Bodnar at the address above by May 8, 2020. If you have any questions regarding the proposed project, contact Audy Peoples (252-264-3901, ext. 232) when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. J "Additional comments may be attached** N 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. PRINT NAME WtA-OA-Gnd,) AGENCY 6-Q-rzu RECEIVED SIGNATURE U /3- Zoad MAY 1 3 2020 DATE is ITP SEECTI®N Mai® North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street, Suite 3001 Elizabeth City, North Carolina 27909 252.2643901 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director April 17, 2020 MEMORANDUM: NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) gregg.bodnar(a)ncdenr.gov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Dare County Project Location: Shallowbag Bay, Manteo In Dare County Proposed Project: Mechanically maintenance dredge Ranges 1-5 of a Federally authorized channel extending from the mouth of Doughs Creek, through Shallowbag Bay and into the Roanoke Sound in Dare County. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by May 8, 2020. If you have any questions regarding the proposed project, contact Audy Peoples (252-264-3901, ext. 232) when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. DWR Project No. 20-0531 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. PRINT NAME Anthony Scarbraugh AGENCY DWR SIGNATURE DATE 05/19/20 ®HW N®el33S dYU 020Z 6 t ,IVN ®3AI333U North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909 252.2643901 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Deector April 17, 2020 MEMORANDUM: NORTH CAROLINA Environmental Quaftty FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) gregg. bodnar()ncdenr.gov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Dare County Project Location: Shallowbag Bay, Manteo in Dare County Proposed Project: Mechanically maintenance dredge Ranges 1-5 of a Federally authorized channel extending from the mouth of Doughs Creek, through Shallowbag Bay and into the Roanoke Sound in Dare County. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grema Bodnar at the address above by May 8, 2020. If you have any questions regarding the proposed project, contact Audy Peoples (252-264-3901, ext. 232) when appropriate, in- depth comments with supporting data Is requested. REPLY: V This agency has no objection to the project as proposed. DWR Project N0. 20200531 "Additional comments may be attached" 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. PRINT NAME Anthony Scarbraugh AGENCY DWR RECEIVED SIGNATURE Ax7ifeiu.JUN 1 1 2020 DATE 06/11/20 DQIE IRI MP SECTION HD North Carolina Department of Environmental Quality 1 Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909 2SZ264.3901 ROY COOPER Governor MICHAEL S. REGAN secretary S. DANIEL SMITH Director Dare County Attn: Mr. Robert L. Outten 954 Marshal C. Collins Drive Manteo, NC 27954 v �)NOT A CAMA PERMIT F NORTH CAROLINA Environmental Quality June 11, 2020 DWR # 20200531 DARE County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Shallowbag Bay Channel Maintenance Project Dear Mr. Outten: You have our approval for the impacts listed below for the purpose described in your application dated April 17, 2020 and received by the Division of Water Resources (Division) on April 17, 2020 with subsequent information received on May 28, 2020. These impacts are covered by the attached Water Quality General Certification Number4175 and the conditions listed below. This certification is associated with the use of CAMA Major Permit and General Permit(s) 198000291 issued by the US Army Corps of Engineers (USACE). This Certification allows you to use the CAMA Major Permit when the Division of Coastal Management issues it. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification are met. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b) and/ or (c)] Type of Impact Amount Amount Plan location/ Approved (units) Reduced (units) Reference Attached Permanent Temporary Open Water OW-1 (Dredging of Ranges 1-5) 32.77 (acres) 0 (acres) Sheets Figureure 1 and 1 OW-2 (Dredging of Connector 0.44 (acres) 0 (acres) Channel) 4 2. Water Quality Certification J U N 1 1 2020 North Carolina Department of Environmental Quality I Divislon�gprytf,�w,1��� r pg@p1�1�KySqr45-'�'�ee[p'��,��qq,,�� �® Washington Regional office 1 943 Washington square Mall I whfiJ t bkih�rdil1QW 252.946.6481 DARE COUNTY D W R# 20200531 401 APPROVAL Page 2 of 3 The proposed project must comply with all the conditions of the General Water Quality Certifications) 4175. [15A NCAC 02H .0507(c)] , 3. The applicant and/or authorized agent shall provide a completed Certificate of Completion form to the Division within thirty (11) days of project completion (available at http://edocs.deg.nc.g.v/Forms/Certic.te-of-Completion). 115A NCAC 02H .0506(b)(5)] Continuing Compliance 4. During construction of the proposed project, fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0201 (f)] 5. The permittee shall report to the Washington Regional Office any noncompliance with this certification, any violation of stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts, and any violation of state regulated riparian buffer rules [15A NCAC 02B .0200]. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the applicant became aware of the circumstances. A written submission shall also be provided within 5 business days of the time the applicant becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Division may waive the written submission requirement on a case -by -case basis. 6. Turbidity Standard The Permittee shall adhere to Title 15A NCAC 02B .0221 Tidal Salt Water Quality for SA Waters, including but not limited to: [15A NCAC 02B .0220 (12)] pH: shall be between 6.8 and 6.5, except that swamp water may have a pH as low as 4.3 if it is the result of natural conditions. [15A NCAC 02B .0220(12)] [15A NCAC 02B .0220 (19)] Turbidity: the turbidity in the receiving waters shall not exceed 25 Nephelometric Turbidity Units; if turbidity exceeds this level due to natural background conditions, the existing turbidity level shall not be increased. Compliance with this turbidity standard shall be deemed met when land management activities employ Best Management Practices. [15A NCAC 02B .0220(19)] Other Conditions 7. This approval and its conditions are final and binning unless contested. [G.S. 143-215.5] This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. i .i� '.* ' ` �� JUN 1 1 2020 DARE COUNTY D W R## 20200531 401APPROVAL Page 3 of 3 Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc.): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DENR: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division under section 401 of the Clean Water Rules. Please contact Anthony Scarbraugh at 252-948-3924 or anthonv.scarbrau¢h(ancdenr.eov if you have any questions or concerns. Sincerely, Pl " T.ti" Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ Enclosure: GC 4175 cc: Gregg Bodnar, DCM Morehead City (via email) Ron Renaldi, DCM Elizabeth City (via email) Josh Pelletier, USACE Washington Regulatory Field Office (via email) Jerry R. Jones, DEMLR WaRO (via email) RECEIVED 1l ED Laserfiche Cs 11 Kenneth Willson, APTIM (via email) J U N 1 1 2020 MP SECTION MHD MANTEO (SHALLOWBAG) BAY MAINTENANCE DREDGEING PROJECT DARE COUNTY, NORTH CAROLINA APPROVED North Carolina Environmental Management Commission Division of Water Resources Date 12 G 111 Permit# 2— 2,o of c? l INDEX TO SHEETS 1 COVER SHEET 2 PROJECT PLAN VIEW 3.5 MAINTENANCE DREDGE AREA PLAN VIEW ' S ELIZABETH II DREDGE AREA PLAN VIEW 7-11 MAINTENANCE DREDGE AREA PROFILES A -A', B-B', C-V. D-D' AND E-E' ;' f 12 DREDGE MATERIAL OFFLOAD SITE '. d PLAN VIEW - 13 PROPOSED UPLAND DISPOSAL AREA PLAN VIEW :ft. R&EIGH JACNSONVUES b P-ijftpo UPLAND L M'Ll(pul rt„��4AP t. CAPE FEAR - A7LAN77c OCEAN RECEIVED 0 25fr�W 5000 GRAPHIC ICALE IN FT PROJECT SITE Received .RAS MAR 1, G 1070 ]I■ J6 NOT FOR CONSTRUCTION i i i SHEE1 FOR REGULATORY REVIEW ONLY JUN 1 1 2020 , P SECTION MILD v ���� Isis 'i, r, Al �ii a12 la, -I 1 R NFL ftd r i a i7 DATE: 3020 >�s2t i KC xh�fF} y COMM NO.: z, 3300334 tfE� f�f SHEET: C A I MP SECTION fi HD F- w w x SHALLOWBAG SAY NOTES: ` RANGE 3 1. DATE OF AERIAL PHOTOGRAPHY: 2016. �N801000 - 2 COORDINATES ARE IN FEET BASED ON THE NORTH CAROLINA - LEGEND: STATE PLANE COORDINATE SYSTEM, NORTH AMERICAN DATUM -. OF 1983 (N . 3. ELEVATIONSS ARE IN FEET REFERENCED TO MI.LW, NOAA - - ® MAINTENANCE DREDGE STATION 8652232 N AREA 4. BATHYMETRIC SURVEY CONDUCTED BY USACE DATED: FEBRUARY 14, 2020 (RANGES -4) _ _ CENTERLINE OF JANUARY 24.2020 (RANGE 5) - ��, o$ , - MAINTENANCE CHANNEL m o ` > •rrte °oAstAe. ruNUlr� a a°° wNy uu. MANTEO (SHALLOWBAG) BAY MAINTENANCE DREDGING PROJECT y m ®� NORIN CAR°!�� twc DARE COUNTY, NORTH CAROUNA MAINTENANCE DREDGE AREA PLAN VIEW c wurvi rrtwc�iav:wuasaa �nemowap wyrmmaap ara oBtipnlGMffPmnIaTJ30A3pp wSMeIasSAwa- °° APRROVEp North CaroYna "Errvkorirt►eritat Marrapement G.Off xrissw 2 DMsiO5 Of Water Resoyrcea -GRAPHIC SCALE IN FT Defe U` 4 l_ (.- ; Iwo - Permit # i?'zsJ a sl f I/ SHALLOH}/B_ AG BAY 4:1Bpm-r=W%i v.CNiM0 Recaked ° M.AR2 S Z02�0s DME`i LEGEND: ® MAINTENANCE DREDGE AREA --- CENTERLINE OF MAINTENANCE CHANNEL _ USACE NAVIGATION CHANNEL SETBACK NOTES:. REQrtz1vED 1. DATE OF AERIAL PHOTOGRAPHY: 2016. - 2. COORDINATES ARE IN FEET BASED ON THE NORTH CAROLINA " STATE PLANE COORDINATE SYSTEM, NORTH AMERICAN - J O N' 1 2�2� DATUM OF 1983 (NAD83). _ - _ 3. ELEVATIONS ARE IN FEET REFERENCED TO MLLW, NOAA MA STATION 8652SURVEY I?�ql .. �=A��� 4. BATHYMETRIC SURVEY CONDUCTED BY USACE DATED: CC vv C 6 WD F N� FEBRUARY 14, 2020 (RANGES 1-4) S JANUARY 24, 2020 (RANGE 5) "- \ m o I K ` > PLANNING PLNING 8 ENGINEERING, INC. MANTEO (SHALLOWBAG) BAY MAINTENANCE DREDGING PROJECT `.J. W n ,+w„ •"•' �a,�.�.°0a.,�mi DARE COUNTY, NORTH CAROLINA c �� MAINTENANCE DREDGE AREA PLAN VIEW 400 APP-ROVE[3 0 Z00 4Q0 !n -North CaroGna'Erjvironmerdal GRAPHIC scALE,na Fr Management Commission Division of Water Resources p Date_ -. - RECEIVED PeDnit# 2020.0�j AN 1 1 `2020 >� - o- MP SECTION PulHD RANGE's . v LEGEND: ® , MAINTENANCE DREDGE AREA — — CENTERLINE OF MAINTENANCECHANNEL USACE NAVIGATION CHANNEL SETBACK NOTES O ReUived WAR 2 s Zia DCM1 EC 1. DATE OF AERIAL PHOTOGRAPHY: 2016. 2. COORDINATES ARE IN FEET BASED ON THE NORTH CAROLINA STATE PLANE COORDINATE SYSTEM, NORTH AMERICAN DATUM OF 1983 (NAD83). z_ - 3. ELEVATIONS ARE 1N FEET REFERENCED TO MLLW, NOAA STATION 8652232 / j , 4. BATHYMETRIC SURVEY CONDUCTED BY USACE DATED: ' X - FEBRUARY 14, 2020 (RANGES 1-4) 3ANUARY 24, 2020 (RANGE 5)- i a COL9TAL PLANPBNG i ENGINEERMCG INC. NIANTEO (SHALLOWBAG) MAY MAINTENANCE DREDGING PROJECT N i W 3 A m e•a MIOR�M [YT�� DARE COUNTY, NORTH CAROLDdA MADITENANCE DREDGE AREA PLAN VIEW i .�.1 T t. r • � Y ate'//�/G f� 4 fa{.� 0� R Y •. � r KK^p y. 92 f1Y•^-'Y4 rt A'• � r :v � _%' f� _ ' F • .e s f r' • . 7 40 1. DATE OF AERIAL PHOTOGRAPHY: 2016. Limt LEGEND: COORDINATEZ COORDINATES ARE IN FEET BASED ON THE NORTH CARO STATE PLANE o-A. NORTH AMERICAN DATUMr _�,arwRK MAINTENANCE DREDGE 3. ELEVATIONS ARE IN FEET REFERENCED TO MLLW. NoAA AREA STATION 8652232 4. BATHYMETRIC SURVEY CONDUCTED BY USACE- DATED CENTERLINE OF a P'" I! Sri. :ter.: • APPROVE® North Carolina Environmental Management Commission Division of Water Resources Date L ( I I__ Perot # Le to Of? I SECTION A -A' 10 7Z� 10 LL 3 -5 2 >F -10 W Lu -15 EXISTING BATHYMETRY FEBRUARY 14, 2020 Received MAR 2 G 1020 DWEC PERMIT DEPTH . . . . . . . . . . ... =-10.0'.MLLW. . . ---- . .3 3. . _20. . ..... ......300'...... .. USACE NAVIGATION CHANNEL DISTANCE FROM CHANNEL CENTERLINE (FEET) J U N 1 1 2020 [UP SECTION MHD NOTES: 1. ELEVATIONS ARE IN FEET REFERENCED TO MLLW, NOAA STATION 8652232. 2, EXISTING GRADE REPRESENTS US ARMY CORPS OF ENGINEERS MANTEO-SHALLOWBAG BAY DATED: FEBRUARY 14, 2020 (RANGES 1-4). z u�a 10 03 O� 5 zjZ04 a W 0 z� -5 -10 �QOU 0 QJ i -15 w -20 O W KC 7 APPROVED Deceived North Carolina Environmental f4AR 2 G 1010 Management Commission Division of Water Resources Date coG /ItME 20 2L> w Permit # 7-o &0 b 5'31 a CTION B-B' a 10 10 0 z 0 5-- - ' . EXISTING. BATHYMET,RY . 5 K z FEBRUARY 14, 2020 am . ♦ 2' MLLW z Q E, 0 A BB EL.+0.20 lu�LCV- T =} -�- 0 V W PERMITDEPTH L - -10A' MLLW 5 ..... -5 Qz 0 10 ,L.— ----- .Jt 10 L Q 3 � 3 � V W -15 USACE NAVIGATION -15 0I 0 CHANNEL QJ -20 . . . . . . . . . . -20 y 0 -2 0 -2D0 -100 10 2 0 2 0 DISTANCE FROM CHANNEL CENTERLINE (FEET) u RECEIVED N JUN 1 1 2020S$ �o M917' SECTION MHD NOTES: DATE: W120 1. ELEVATIONS ARE IN FEET REFERENCED TO MLLW, NOAA BY. STATION 8652232. KC COMMM 2. EXISTING GRADE REPRESENTS US ARMY CORPS OF 330033 ENGINEERS MANTEO-SHALLOWBAG BAY DATED: sHM FEBRUARY14,2020(RANGES14). ._ e APPROVED CReceived North Carolina Environmental MAR 2 6 2020 Management Commission Division of Water Resources Date ('e 11f pp so P�C�d�EG W Permit n SECTION C-Cl z E 10 10 w 0:z • OJ EXISTING BATHYMETRY W O 5 • . . . . . . . . . . . . • • . • . . FEBRUARY 14,2020• 5 QZQQ C + 88 zO 41 0 NAVDEL. +0,20' MLLW 0 p W W PERMIT DEPTH z -j LL _ -10.0' MLLW O 5 —-------------- -5 wD g 1L J1 00 gO -10 ............. 3 10-15 Q 00 W -15 USACE NAVIGATION 2 CHANNEL N, -20 ...... . .20 -20 -20 -100 6 160 20 20 DISTANCE FROM CHANNEL CENTERLINE (FEET) atEc[ovED 1 a3 JUN 1 1 2020 1 €1 MP SECTION 91AHD I �o NOTES: PKC 1. ELEVATIONS ARE IN FEET REFERENCED TO MLLW, NOAA By. STATION 8652232. 2. EXISTING GRADE REPRESENTS US ARMY CORPS OF rEor'.71 ENGINEERS MANTEO-SHALLOWBAG BAY DATED: FEBRUARY 14, 2020 (RANGES 1-4). APPROVED Received North Carolina Environmental MAR 2 G 2020 Management Commission Division of Water Resources bra Datey. (Ir 20 z- DM EC Permit # 2e uo o s; r SECTION D-D' 5 z 0aa 5- 0 Ej ISTING BATHYMEjRY PERMIT DEPTH 2 U - lWi _5 JANUARY 24, 2020 . .= -10.0' MLLW -5 V — O a -10 ? s 3? 10�a z 0 m� -15 .too' . -15 Q > USACE NAVIGATIONLU W CHANNEL C O -20 ...................... . ................ .20 O -2 0 -200 -1 0 1 2 0 0 2 0 0 DISTANCE FROM CHANNEL CENTERLINE (FEET) 2 RECEIVED ai if J U N 1 1 2020 1 'O 9 MP SECTION PAHD r NOTES: D^TE' 313120 1. ELEVATIONS ARE IN FEET REFERENCED TO MLLW, NOAA BY. STATION 8652232. KC 2. EXISTING GRADE REPRESENTS US ARMY CORPS OF 3300; ENGINEERS MANTEO-SHALLOWBAG BAY DATED: SHEET. JANUARY 24, 2020 (RANGE 5). 10 APPROVED Received; North Carolina Environmental MAR 2 6 2020 Management Commission Division of Water Resources Date 194 1111 2q 2 ° � �" ^ Permit # ^U 20 0 �:3 ) SECTION E-E' 10 10 EXISTING BATHYMETRY 5 5 +Qg4z'hIUVIL—ffi 0 0 AVDBB EL. +020' MLLW W PERMIT DEPTH 4' = -10.0' MLLW 3 5--- -5 --------- ji 0 -10 a a -10 j -15 ao' -15 W ELIZABETH II DREDGE AREA -20 -20 -100 0 100 DISTANCE FROM CHANNEL CENTERLINE (FEET) JUN 1 1 2020 MP SECTION MHD NOTES: 1. ELEVATIONS ARE IN FEET REFERENCED TO MLLW, NOAA STATION 8652232. 2. EXISTING GRADE REPRESENTS US ARMY CORPS OF ENGINEERS MANTEO-SHALLOWBAG BAY DATED: FEBRUARY 14, 2020 (RANGES 14). u 'KML KC 11 a7CADIP n 4733=343 Owa1 revM=. .ALv: } ,..:, /� .lv�a •� � �Y .J '*t,P r Y - s �'- tle :.� `s �,` `�+i �'•Clt It " �H * � � � 5 � f.� �7`*_ �_5�.yaV yp�.A �"/' � tFr •" S' T � � tr �.�g".��y. � A'T"Ff� M F ! }•'�iT sa.�. +°• a�a _;� �,,-r..r °. • cr'��% � 1�4.r `��4,z i f� �� � �H'& 0 ` dC.nvl'R n vN'NZ+ -�^':•E •tom � ,� AA F•t ,B��s " F � �r . ,,;;'t 'xtm" •a.., a .. tom_" rr-� .: $:. { a uate v � f u 2p z� J U N 1 1 2020 Permit # 20 zo o s; i ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director April 17,2020 MEMORANDUM.' NORTH CAROUNA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) gregq bodnanconcdenr_aov SUBJECT: CAMAJDredge 8 Fill Application Review Applicant: Dare County Project Location: Shallowbag Bay, Manteo in Dare County 4 11 APR 2g20 Proposed Project: Mechanically maintenance dredge Ranges 1-5 of a Federally authorized channel extending from the mouth of Doughs Creek, through Shallowbag Bay and into the Roanoke Sound in Dare County. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grego Bodnar at the address above by May 8, 2020. If you have any questions regarding the proposed project, contact Audy Peoples (252-264-3901, ext. 232) when appropriate, in- depth comments with supporting data is requested. Y: This agency has no objection to the **Additional comments may be attar as proposea. This agency has no comment on the proposed project. ,i This agency app„ roject only if the recommended changes are incorporata--8m-aftwj This agency objects to the -project for reasons described in the attached comments. PRINT NAME M crt 1n n AGENCY C- SIGNATURE 4\0-� � DATE —f -7 an y,e py�S Y JUL 1 7 2020 FJ1P SECTION MH® North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Griffin5treet. Suite 3001 Elizabeth ❑ry.NorthCaralina27909 252.2643901 ®North Carolina Wildlife Resources Commission Gordon Myers, Executive Director TO: Gregg Bodnar Division of Coastal Management North Carolina Department of Environmental Quality FROM: Maria T. Donn, Coastal Coordinator Habitat Conservation Division DATE: July 6, 2020 RECEIVED J U L 1 7 2020 MP SECTION PAILID SUBJECT: CAMA Dredge/Fill Permit Application for Dare County — Shallowbag Bay / Manteo Dredge, Dare County, North Carolina. Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit application with regard to impacts on fish and wildlife resources. The project site is located within Doughs Creek, Shallowbag Bay, and the Roanoke Sound near Manteo, NC. Our comments are provided in accordance with provisions of the Coastal Area Management Act (G.S. 113A-100 through 113A-128), as amended, Sections 401 and 404 of the Clean Water Act, as amended, and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.). The applicant proposes to dredge approximately 34.52 acres of open water to improve public navigation and provide access for the Elizabeth II near Manteo, NC. The proposal includes area within Ranges 1-5 of the USACE federally authorized channel area extending from the Manteo town docks at the mouth of Doughs Creek through Shallowbag Bay and into Roanoke Sound, a connector channel extending from Range 1 to the berth of the Elizabeth II moored at Roanoke Island Festival Park, and new dredging to access a spoil deposition area. Dredging will be conducted via bucket to barge and per information obtained within a May 28, 2020 email, the final deposition area is within a landfill located in Manns Harbor rather than the Dare County airport as presented in the original application. Over the years portions of the proposed routes have been dredged, though no activity has occurred since 2005. The specifications of the project are contained within the federal channel allowance for Ranges 1-5 and within CAMA Major Permit 83-82 for the route toward the Elizabeth I1. Both of these sections would be dredged to -10' NWL. To access the offloading site, a channel for loaded barge access would be dredged to -6' NWL. A 2004 submerged aquatic vegetation (SAV) survey and review of SAV photography indicated SAV are not in the immediate project area, likely due to channel use. Known shellfish resources also fall outside the immediate project area. The total project would disturb 69.61 acres and generate 129,348 CY Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919)707-0220 • Fax: (919)707-0028 of material. The Environmental Management Commission classifies Doughs Creek as SC HQW; Shallowbag Bay as SC; and this area of the Roanoke Sound as SA HQW. Doughs Creek and Shallowbag Bay are closed to shellfish harvesting while the Roanoke Sound is open to shellfishing. Doughs Creek is designated a primary nursery area (PNA) and Shallowbag Bay a permanent secondary nursery area (PSNA)by the NC Division of Marine Fisheries (NCDMF). The NCWRC has reviewed the permit application and is very familiar with the project area We have reviewed and commented on this and other proposals in the vicinity during the past three decades. Aquatic resources in the area, such as SAV, shellfish, PNA, and PSNA provide valuable habitat opportunities and assist in the success of the commercial fishery that uses the area Measures should be included to avoid and minimize impacts to these resources. Discussions and coordination with the applicant and several state and federal agencies have recently occurred to address questions and concerns regarding project implementation and impacts. Therefore, the NCWRC does not object to permit issuance for the proposed dredge footprint, methodology, and disposal as long as the project adheres to an April 1 — September 30 in -water moratorium. We request that if any aspect of the project changes, consultation between the applicant, NCDCM, NCDMF, NC Division of Water Resources, and NCWRC is initiated. We appreciate the opportunity to review and comment on this permit application. If you need £muter assistance or additional information, please contact me at (252) 948-3916 or at maria dunmancwildlifc.om RECEIVED JUL 1 7 2020 PAP SECTION MHD Regulatory Division SAW-2020-00709 Mr. Jonathan Howell Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue. Morehead City, North Carolina 28557-3421 Dear Mr. Howell: RECEIVE® S E P 1 2020 MP SECTION MHD Please reference the application of Dare County for Department of the Army authorization to mechanically maintenance dredge Ranges 1-5 of a Federally authorized channel extending from the mouth of Doughs Creek at the Manteo Town docks, through Shallowbag Bay and into the Roanoke Sound, as well as a connector channel extending from Range I to Roanoke Festival Park, in Manteo, Dare County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. It has been determined that the activities authorized do not impair the usefulness of the USACE Navigation project and are not injurious to the public interest. We recommend that the following conditions be included in the State authorization: 1. All work authorized by this permit must be performed in strict compliance with the attached plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 2. In order to protect threatened and endangered species and to minimize adverse impacts aquatic species and their habitat, no excavation activities, including mobilization and demobilization, shall occur from April 1 to September 30 of any year without notification to the Corps of Engineers Regulatory Division in coordination with the appropriate resource agencies. 3. The Permittee will comply with the NMFS South Atlantic Regional Biological Opinion (SARBO) , which contains mandatory terms and conditions to implement the Reasonable and Prudent Measures (RPM) that are associated with "incidental take". Your authorization under this USACE permit is conditional upon your compliance with all of the mandatory terms and conditions associated with incidental takes of the attached Opinions, which RECEIVED or S E P 1 2020 M P S E CTIO Ndtt"ons are incorporated by reference in this permit. Failure to comply with the terms and conditions associated with incidental take of the BO, where a take of the listed species occurs, would constitute an unauthorized take, and it would also constitute non- compliance with your USACE permit. The USFWS and NMFS are the appropriate authorities to determine compliance with the terms and conditions of their BOs, and with the ESA. 4. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal, relocation, or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit N CS261, 1315 E West HWY- RM 7316, Silver Spring, MD 20910- 3282 at least two weeks prior to beginning work and upon completion of work. 5. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 6. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, £II or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 7. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 8. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 9. The permittee shall advise the Corps in writing at least two weeks prior to beginning the work authorized by this permit and again upon completion of the work authorized by this permit. 10. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 11. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter I I3A Article 4). 12. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 13. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. 14. In order to protect the endangered West Indian manatee (Trichechus manatus) the Permittee shall implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/nc- es/mammaVmanatee—guidelines.pdf. Questions or comments may be addressed to Mr. Josh Pelletier, Washington Field Office, Regulatory Division, telephone (910) 251-4605. Copies Furnished: Mr. Ian McMillan North Carolina Division of Water Quality 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Sincerely, Josh Pelletier Regulatory Project Manager RECEIVED S E P 1 2020 MP SECTION AlIHD s Mrs. Twyla Cheatwood National Marine Fisheries Service Habitat Conservation Service 101 Pivers Island Road Beaufort, North Carolina 28516 Mr. Jeffrey Garnett Wetlands and Marine Regulatory Section Water Protection Division -Region IV U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Ron Renaldi, District Manager Elizabeth City Elizabeth City Field Office North Carolina Division of Coastal Management S E P 2020 ON NIHD DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Dare County, Shallowbag Bay Maintenance Project 2. LOCATION OF PROJECT SITE: Ranges 1-5 of a Federal Navigational Channel that begins south of Doughs Creek between the Manteo Town docks off of Queen Elizabeth Ave and Roanoke Island Festival Park, extending through Shallowbag Bay to the Roanoke Sound, Dare County. Range 1: 35.909705' N,-75.667861° W (end point) Range 5: 35.909581' N,-75.643942' W (beginning point) Queen Elizabeth II berth: 35.910115' N,-75.667179° W Offload site: 35.905268° N,-75.669145° W Spoil disposal site: 35.917855' N,-75.697771 ° W 3. INVESTIGATION TYPE: CAMA / D&F 4. INVESTIGATIVE PROCEDURE: Date of Site Visit — 4/16/2020 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received Complete — 4/8/2020 Office — Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan — Town of Manteo (Dredge & Offload) Dare County (Spoil storage site) Land Classification from LUP — Conservation & Mixed -Use near dredge area and offload site (Manteo); Community Residential (Dare) (B) AEC(s) Involved: Public Trust Area (PTA), Estuarine Waters (EW), Estuarine Shoreline (ES) (C) Water Dependent: Yes (D) Intended Use: Public/Government (E) Wastewater Treatment: Existing — N/A Planned - N/A (F) Type of Structures: Existing — Town & private docks/marinas, channel markers/buoys RECEIVED Planned -None (G) Estimated Annual Rate of Erosion: NIA APR 17 2020 Source — N/A DCM-MHD CITY HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Non -Vegetated Wetlands ±1,503,856 ft2 (Open Water PTA, EW AEC) (±34.52 acres) (B) High Ground within ES AEC ±2,700 ft' 0.06 acres (C) High Ground Spoil Areas ±1,525,907 ft' (±35.03 acres) Dare County, Shallowbag Bay Maintenance Project Field Investigation Report Page 2 (D) Total Area Disturbed: t3,032,463 ftz (t69.61 acres) (E) Primary Nursery Area: Yes (Doughs Creek only) (F) Water Classification: Doughs Creek = SC;HQW, closed to shellfishing Shallowbag Bay = SC, closed to shellfishing Roanoke Sound = SA;HQW, open to shellfishing 8. PROJECT SUMMARY: Dare County is proposing to mechanically maintenance dredge Ranges 1-5 of a Federally authorized channel extending from the mouth of Doughs Creek at the Manteo Town docks, through Shallowbag Bay and into the Roanoke Sound. The project will also include the maintenance dredging of a connector channel extending from Range 1 of the channel to the berth of the Elizabeth II moored at Roanoke Island Festival Park. Additional dredging is proposed within an open water area that has not previously been dredged adjacent to the proposed offload site so that spoil laden barges may safely navigate to the site. Project Setting The project site is primarily located within Shallowbag Bay adjacent to the Town of Manteo, Dare County, within a Federally authorized navigation channel consisting of multiple Ranges. This project is specific to Rangesl-5. Range 1 begins at the mouth of Doughs Creek between the Town docks (located to the east of Queen Elizabeth Avenue) and Roanoke Island Festival Park. Ranges 2-5 of the channel extend t2.2 miles through Shallowbag Bay and into the Roanoke Sound. The channel width of Range 1 is t200' while Ranges 2-5 are 100' in width. Recent bathymetric surveys were conducted by the U.S. Army Corps of Engineers (USAGE) in January and February 2020 that revealed compromised navigability due to shoaling. It was reported that existing depths within Range 1 were between -T and -9' MLLW, while Ranges 2-4 had depths ranging between 4 and -10' MLLW. Per the application, the average depth of Ranges 1-5 is approximately -5' MLLW. In addition, the shoaling of a connector channel extending from Range 1 to the berth of the Elizabeth II at Festival Park has prevented the vessel from navigating into the Roanoke Sound. The Elizabeth II is a representative 16'h century three -masted, six -sailed wooden vessel with a draft of 8' that requires annual maintenance, but to do so it must navigate to Manns Harbor using the Federal Channel. Due to the shoaling, the last time maintenance was performed was in January of 2017. Existing depths within the connector channel range from -4' to -T MLLW. The vessel is moored to five fixed dolphins and is accessed via an existing wooden pier and platform. The shoreline adjacent to the Elizabeth It's berth is a coastal wetland area primarily vegetated with black needlerush (Juncus roemerianus). The history of this channel and subsequent dredging was outlined in the submitted application as follows, "The USAGE initially authorized the Manteo (Shallowbag) Bay project on May 17, 1950 by HD310/81/1 and project improvements were later authorized on December 31, 1970 (HD 91-30319112). The project included the following element: • A channel 12 feet deep and 100 feet wide from a basin in front of the town of Manteo extending12.6 miles to and through Roanoke Sound to Old House Channel (Referred to as Ranges 1 through 17, including Range 17 Extension), including a side channel of the same dimensions 0.8 mile long to a basin at the town of Wanchese (Referred to as°MQ, B, and C) APR 17 2020 DCM-MHD CITY Dare County, Shallowbag Bay Maintenance Project Field Investigation Report Page 3 Although the entire Manteo (Shallowbag) Bay project has been federally authorized, only portions have been maintained on a regular basis by the USACE. According to the USACE, this area has not been maintained by the USACE since the construction of the state-owned Wanchese Seafood Industrial Park in 1981 (T. Horton, personal communication, 2019). Since that time, the State of North Carolina continued to maintain this stretch of the federal project periodically. Specifically, the State has performed maintenance dredging within Ranges 1-4 of the Shallowbag Bay project six times since 1985. Five of these events were conducted with private contract dredges and one time with the State's Ferry Division plant. The amount of material removed during each of these six events ranged from 8, 000 cy to 276, 000 cy (Moffatt & Nichol, 2005). No maintenance dredging, however, has been performed within these channels since 2005 which has led to impediments to navigation over recent years." Dredging of the connector channel extending from Range 1 to the Elizabeth 11 berth at Festival Park was authorized in July 1983 via a modification to CAMA Major Permit #83-82 issued to the NC Department of Transportation. The proposed offload/transfer site of dredged spoils is located at the Marshes Light subdivision Marina, addressed as 301 Dartmoor Lane, Manteo. The marina has t1,000' of bulkheaded shoreline with ±30 slips within a basin area and an additional ±31 slips located on an open water pier. The highground located on the south side of the marina adjacent to the basin contains a t24' wide grassed buffer along the bulkhead as well as a t200'x50' gravel parking area and gravel access road to Uppowac Avenue (SR 1192). The adjacent property to south of the marina is a large, vacant area of coastal wetlands consisting primarily of black needlerush (Juncus roemerianus). The adjacent property to the north contains residential condominiums. The waters of Doughs Creek are designated as a Primary Nursery Area, classified as SC;HQW waters and are closed to shellfishing. Inner Shallowbag Bay is designated as a Permanent Secondary Nursery Area and Outer Shallowbag Bay is designated as a Special Secondary Nursery Area, both are classified as SC waters and are closed to shellfishing. The Roanoke Sound is classified as SA;HQW waters and is open to shellfishing within the project area. All the above described waterbodies are considered Coastal Waters. The submitted application includes a Sediment Analysis Report (Appendix D), an Affected Environment Report (Appendix E) and Guidelines for Avoiding Impacts to Manatees (Appendix F). Development Proposal Dare County is proposing to mechanically maintenance dredge Ranges 1-5 of a Federally authorized channel extending from the Manteo Town docks located at the mouth of Doughs Creek, through Shallowbag Bay and into the Roanoke Sound. The project will also include the maintenance dredging of a connector channel extending from Range 1 of the channel to the berth of the Elizabeth II moored at Roanoke Island Festival Park. Additional dredging is proposed within an open water area that has not previously been dredged adjacent to the proposed offload site so that spoil laden barges may safely navigate to the site. Dredging will be performed via a bucket dredge mounted on a barge. DECEIVED APR 17 2020 DCM-MHD CITY Dare County, Shallowbag Bay Maintenance Project Field Investigation Report Page 4 According to the application, Ranges 1-5 will be dredged to a depth of -10' MLLW within an area measuring ±11,800' in length by ±100' in width. Existing depths are reported to be approximately -5' MLLW and the-10'MLLW connective depth is located within Range 5 of the channel. An estimated volume of ±124,063 cubic yards of material with 3:1 side slope will be removed from within the channel area. The dredging of the connective channel from Range 1 to the Elizabeth II berth will occur within the dredging footprint of the authorized 1983 CAMA Major Permit, which was a ±19,021 ft' area measuring ±290' in length by ±70' in width. Existing depths are reported to be approximately -4' MLLW and the final proposed dredge depth is -10' MLLW. An estimated volume of ±4,227 cubic yards of material with 3:1 side slope will be removed from within the connective channel area. Dredge spoils will be transported via barges (estimated sizes include 50'x30' and 100'x40') to the Marshes Light subdivision Marina where it will be directly transferred to dump trucks. The barges will approach the marina's bulkheaded high ground area from an easterly direction south of the existing open water docking slips. The estimated draft for fully loaded barges is 4', and while the open waters of this area include deeper depths, it is anticipated that dredging will be required to safely gain access to the offload site. The application references a ±57,111 ft' approach corridor that measures ±420' in length and ±135' in width with water depths that range from -1' to -7' MLLW. The project narrative states that dredging within this area most likely will be limited to a 75' wide channel and the larger area request is to account for any areas of shoaling that may occur and impede barge navigation. The proposed dredge depth within this area is -6' MLLW, removing ±1,058 cubic yards of material. Dump trucks will transport the dredge spoils from the offload site to the Dare County Regional Airport where they will be placed within four upland disposal areas totaling ±35 acres (see Appendix A, sheets 2 & 13). Bulldozers will then grade the spoil material when dry. No additional impervious surfaces are proposed, and the spoil areas will be stabilized per conditions stated in DMLR's Erosion Control Permit (pending per Project Narrative). Based on the Sediment Analysis Report (Appendix D), the dredge spoils will be composed primarily of silty sand, sand, clay and clayey silt. An SAV survey was conducted by Quible & Associates in and around the areas of Shallowbag Bay and the Roanoke Sound in 2004 (see Appendix E, sheets 9-11) as well as the NMFS using visual interpretation of SAV areas using high resolution 2006-2008 aerial photography. These studies determined that SAV was not growing within the vicinity of the proposed dredge areas. Known shellfish resources lie outside of the proposed dredging footprint (see Appendix E, sheets 11&12) and no direct impacts are anticipated. No impacts to cultural resources within the proposed dredge areas are anticipated (see Appendix E, sheets 26-28). Anticipated Impacts • The proposed dredging will result in ±1,503,856 ft' (±34.52 acres) of cumulative shallow water bottom disturbance: o Ranges 1-5 is ±1,427,724 ftZ (±32.77 acres) o The connector channel is ±19,021 ftz (±0.44 acres) o Offload site is ±57,111 ft' (±1.31 acres) RECEIVED APR 17 2020 DCM-MHD CITY Dare County, Shallowbag Bay Maintenance Project Field Investigation Report Page 5 • The proposed dredging will result in ±129,348 cubic yards of spoils composed primarily of silty sand, sand, clay and clayey silt • Spoil disposal will result in the cumulative disturbance of t1,525,907 ft2 (t35.03 acres) within upland areas landward of CAMA jurisdictional AEC's. • While no site improvements or changes are proposed to the dredge offload site, staff anticipates that some degree of disturbance will occur during the loading and transport of dump trucks that may require regrading and seeding within an existing t2,700 ft2 grassed area. The use of logging mats within this area may negate this impact. • Temporary turbidity will occur during dredging operations; however, the applicant has indicated that dredging activities will be restricted by the general dredging moratorium and will not commence between April 1 and September 30 in order to protect natural resources. Based on submitted documentation within Appendix E, it appears that SAV and shellfish resources will not be impacted by the dredging activities. • Per a letter received from NCDCR dated 4/1512020, no historic resources will be affected by the project. Submitted by: Ron Renaldi Date: 4/16/2020 RECEIVED APR 17 2020 DCM-MHD CITY MANTEO (SHALLOWBAG) BAY MAINTENANCE DREDGING PROJECT NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT MAJOR PERMIT APPLICATION Received Prepared for: MAR 1 1 2020 Dare County, North Carolina Prepared bv: Alt APTIM APTIM 4038 Masonboro Loop Road Wilmington, North Carolina 28409 Submitted to: North Carolina Department of Environmental Quality Division of Coastal Management Wilmington Regional Office March 2020 DCM-EC RECEIVED APR 17 2020 �3cio-MIND CITY MANTEO (SHALLOWAG) BAY MAINTENANCE DREGING PROJECT CONTENTS 1 FORMS _ ................. 1.1 DCM MP-1 ................ 1.2 DCM MP-2................ 1.3 DCM MP-3........... ............................................................................................................... 1 2 ATTACHMENTS......................................................... 2.1 DCM MP-1. ADDITIONAL INFORMATION....... ............................................. 5 ............................................. 7 ............................................. 9 ............................................ 9 2.1.1 5b. Brief description of purpose, use, and daily operations of the project when complete ............ 9 2.1.2 5c. Description of the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored ...... 10 2.1.3 6a. Project Narrative..........................................................................................11 2.1.4 6b An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. ............................................................................................................................................................ I5 2.1.5 6c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with thearea to the site............................................................................................ 15 2.1.6 6d A copy of the deed or oter instrument under which the applicant claims title....................15 2.1.7 6e. The appropriate application fee............................................................................................ 15 2.1.8 6f A list of the names and complete addresses of the adjacent waterfront landowners and signed returnreceipts..............................................................................................15 2.1.9 6g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee and issuing dates................................................................................................... 15 2.1.10 6h. Signed Agent Authorization Form..................................................................................... 16 2.1. l I 6i. Wetland delineation, if necessary ....................................................................................... 16 2.1.12 6j. Signed AEC Hazard Notice................................................................................................ 16 2.11.13 6k. A statement of compliance with NC Environmental Policy Act.................................16 Appendices Appendix A: Work Plats and Location Maps Received Appendix B: Signed Agent Authorization Form Appendix C: Adjacent Riparian Landowner Notification MAR 1 1 2020 Appendix D: Sediment Analysis Report Appendix E: Affected Environment DCM-EC Appendix F: Guidelines for Avoiding Impacts to the West Indian Manatee Appendix G: Deeds Appendix H: Letter of Permission from Offloading Site Landowner I RECEIVED APTIM Coastal Planning R linizinecring or Nonh Carolina, Inc. APR 17 2020 DCM-MHD CITY MANTEO (SHALLOWAG) BAY MAINTENANCE DREGING PROJECT Received 2 ATTACHMENTS 2.1 DCM MP-1. ADDITIONAL INFORMATION MAR 1 1 &10 DCM-EC 2.1.1 5b. Give a brief description of purpose, use, and daily operations of the project when complete. The U.S. Army Corps of Engineers (USACE) initially authorized the Manteo (Shallowbag) Bay project on May 17, 1950 by HD310/81/1 and project improvements were later authorized on December 31, 1970 (HD 91-303/91/2). This federal navigation project is located along the Outer Banks portion of Dare County, North Carolina, between Oregon Inlet, Roanoke Island, and Albemarle Sound. The project includes the following elements: • A channel 6 feet deep and 100 feet wide extending 1.6 miles from Manteo (Shallowbag) Bay through Roanoke Sound to that depth in Albemarle Sound (Referred to as Range 4A and 4B) • A channel 12 feet deep and 100 feet wide from a basin in front of the town of Manteo extending 12.6 miles to and through Roanoke Sound to Old House Channel (Referred to as Ranges I through 17, including Range 17 Extension), including a side channel of the same dimensions 0.8 mile long to a basin at the town of Wanchese (Referred to as Ranges 14 A, B, and C) • A channel 12 feet deep and 100 feet wide extending 8 miles from Oregon Inlet via Old House Channel to the 12-foot contour in Pamlico Sound (Section from the Bridge to Old House Channel referred to as Oregon Inlet West Ranges 1 through 6; Old House Channel includes Ranges 1 and 2) • A channel 14 feet deep and 400 feet wide from the Oregon Inlet gorge across the ocean bar. Although the entire Manteo (Shallowbag) Bay project has been federally authorized, only portions have been maintained on a regular basis by the USACE. Over recent years, navigability has been compromised due to shoaling within the basin between the town of Manteo and Roanoke Island Festival Park and the channel extending through Shallowbag Bay into Roanoke Sound (Ranges I through 5). According to the USACE, this area has not been maintained by the USACE since the construction of the state-owned Wanchese Seafood Industrial Park in 1981 (T. Horton, personal communication, 2019). Since that time, the State of North Carolina continued to maintain this stretch of the federal project periodically. Specifically, the State has performed maintenance dredging within Ranges 1-4 of the Shallowbag Bay project six times since 1985. Five of these events were conducted with private contract dredges and one time with the State's Ferry Division plant. The amount of material removed during each of these six events ranged from 8,000 cy to 276,000 cy (Moffatt & Nichol, 2005). No maintenance dredging, however, has been performed within these channels since 2005 which has led to continued navigation difficulties over recent years. Recent bathymetric surveys in the channels proximate to Manteo were conducted by the USACE in January and February 2020. These surveys revealed the extent of compromised navigability due to the chronic shoaling. Specifically, sections of Range 2, Range 3, and Range 4 contain depths as shallow as -5' MLLW. As such, safe and reliable recreational boating opportunities have been limited within the area. In addition, this continued shoaling has prevented the Elizabeth II, a representative 16'^ century sailing ship with a draft of 8 feet, from navigating into Roanoke Sound from its home berth at Festival Park. Without the ability to sail to Manns Harbor where it can undergo repair and maintenance, the wooden vessel may become structurally unsound rendering it unable to fulfill its educational mission. In order for the ship to transit to Manns Harbor, water depths greater than 8 feet are required. 9 'DECEIVED APTIM Coastal Planning & Engineering of North CatAina, Inc. APR 17 2020 DCM-MHD CITY MANTEO (SHALLOWAG) BAY MAINTENANCE DREGING PROJECT The stated purpose of the USACE's federally authorized Manton (Shallowbag) Bay project is to provide a safe, reliable navigable channel from the Atlantic Ocean through Oregon Inlet to Roanoke Sound and connecting channels to Pamlico Sound. In the same spirit, Dare County is now seeking the necessary permits and clearances allowing them to perform maintenance dredging within Ranges 1-5 of the federally authorized project and a connector channel to the berth of the Elizabeth II to ensure safe, reliable navigation within those specific areas and to maintain the economic viability of the Town of Manteo and Festival Park. Without performing this maintenance dredging, the ability of the Elizabeth II and recreational boaters to navigate safely to and from Manteo and Festival Park to the Roanoke Sound will continue to be compromised. Furthermore, dependable navigation through these channels could jeopardize a potential loss of revenue due to loss of tourism spending for both the town of Manteo and Dare County. Received MAR 1 1 2020 ®CM -EC Io RECEIVED APTN Coastal Planning & Engineering of North Carolina, Inc. APR 17 2020 DCM-MHD CITY 2.1.2 5c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. The specific construction methodology will be fully defined once the contractor has been selected. That being said, the general methodology is as follows. Dredging operations will be performed via a bucket dredge mounted on a barge. The bucket dredge may vary in size from approximately Icy to 3cy in volume. Dredged material will be transported via barges (estimated sizes range include 50'x30' and 100'x40') to the offloading site located on the eastern shore of Shallowbag Bay where the material will then be directly transferred to dump trucks. Although the waters in proximity currently include depths greater than 4' (the estimated draft for a fully loaded barge), limited dredging be required within this area may be required to gain access to the offloading site. Dredging in proximity to the offloading site would be limited to a 75' wide channel down to -6' MLLW within a defined dredging corridor. Dump trucks, possibly sealed, will then deliver the dredged material from the offloading site to the disposal locations at the Dare County Regional Airport. Bulldozers will be used to grade the material to the final elevation within these disposal areas. Receiv ' tnAL 91 iui SpSP �11R+i'IAQLt� CCM-E ive 1 �A��NhpYPK'd CRnYi.��� iNA�+.�.�.Pu<M E, Co�unlfll o�Caur/xL.iuwnK CarMY�ryFICta! ew dW.S,M�YY�Y. 0 A IN fM APTIM ter" Figure 1. Water depths within the construction dredge corridor in proximity to the offloading site 2.1.3 6a. Project Narrative e! Dare County's proposed action includes maintenance dredging within Ranges 1-5 of the federally authorized Manteo (Shallowbag) Bay project. Ranges 1-5 as depicted in Figure 2 includes the basin between the town docks at Manteo Festival Park just south of Doughs Creek and a channel that extends through Shallowbag Bay to Roanoke Sound. In addition to the maintenance dredging within the federally authorized channel, the project will also include dredging a connector channel between Range 1 and the berth for the Elizabeth Il (Figure 2 and Appendix A). In total, these areas span approximately 2.2 miles. The footprints within Ranges 1-5 will be maintained utilizing a clamshell bucket dredge dug to the same width (100') as the federally authorized channel. The depth, however, will be limited to -10' MLLW (the federal channel is authorized to -12') as will the channel connecting Range I to the berth of the Elizabeth RECEIVED APR 17 2020 DCM-MHD CITY I24,0r.3 R"a w,aai 9-"' II. Based on the January and February 2020 bathymetric surveys, approximately 90,009 y of material could be dredged out of Ranges 1-5 at a depth to -10' MLLW. It is anticipated that approximately -1-SN additional cubic yards of material would be excavated from within the connector channel between Range I and the berth of the Elizabeth II. Dredging activities will be restricted by the general dredging moratoria and will not commence between April I and September 30 in order to protect natural resources (Appendices E and F). Figure 2. Dredging footprint for the proposed Shallowbag Bay dredge maintenance project. The dredge spoils, composed primarily of silty sand, sand, clay, and clayey silt (Appendix D), will be transferred from a barge to a landing site located on the eastern shoreline of the bay (Figure 1 above, Appendix A, and Appendix H). The material will then be loaded directly into trucks and delivered to the dredge disposal area located within the grounds of the Dare County Regional Airport (Figure 3 below and Appendix A). Prior to disposal, the dredge disposal site will be cleared, graded, and improved as needed such that it will conform with DEMLR standards. Furthermore, all sediment control features associated with the disposal site will abide by those set forth in the conditions stated in DEMLR's Erosion Control Permit (permit pending). Site improvements at the dredge spoil disposal location will conform with DEMLR sediment control standards. Received Map 2 61010 DCM-E% RECEIVED APR 17 2020 DCM-MHD CITY s- .fit Dare County Regional Airport J 1. 2018 background image provided by Dare County. 0 Dredge Spoil Stockpile Sites Figure 3. Dredge spoil stockpile site at Dare County Regional Airport. Received MAR 2 6 2020 DMEC RECEIVED APR 17 2020 DCM-MHD CITY MANTEO (SHALLOWAG) BAY MAINTENANCE DREGING PROJECT 2.1.4 6b An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete." If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. See Appendix A. 2.1.5 6c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. See Appendix A 2.1.6 6d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. See Appendix G for the deeds associated with the upland disposal site at the Dare County Regional Airport 2.1.7 6e. The appropriate application fee. Check or money order made payable to DEQ. Please find enclosed an application fee check for S475. 2.1.8 6f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Town of Manteo PO Box 246 Manteo, NC 27954 North Carolina Department of Natural and Cultural Resources 109 E. Jones Street Mail Service Center 4601 Received Raleigh, NC 27601 MAR 112020 Marshes Light Master, LLC c/o Prem Gupta DMEC EC 1314 S. Croatan highway, Suite 301 Kill Devil Hills, NC 27948 £fee Appendix C for Adjacent Waterfront (Riparian) Landowners Notifications 2.1.9 6g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee and issuing dates. The U.S. Army Corps of Engineers (USACE) initially authorized the Manteo (Shallowbag) Bay project on May 17, 1950 by HD310/81/1 and project improvements were later authorized on December 31, 1970 (HD 15 RECEIVED APTIM Umstal Planning & Engineering of Nonh Carolina, Inc. APR 17 2020 DCM-MHD CITY MANTEO (SHALLOWAG) BAY MAINTENANCE DREGING PROJECT 91-303/91/2). The State of North Carolina issued a permit to dredge the berth of the Elizabeth 11 and it's connecting channel to Range I on February 3, 1983 (Permit #83-82). 2.1.10 6h. Signed Agent Authorization Form. See Appendix B. 2.1.11 6i. Wetland delineation, if necessary. Not applicable. 2.1.12 6j. Signed AEC Hazard Notice. Not applicable. 2.1.13 6k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. SEPA compliance has been met by the development and authorization of the federal project. Received MAR 1 1 2020 DCM-EC 16 RECEIVED AP77M Coastal Planning & I:nginecnng of Nonh Carolina, Inc. APR 17 2020 DCM-MHD CITY MANTEO (SHALLOWAG) BAY MAINTENANCE DREGING PROJECT Appendix A: Work Plats an (I Location Maps Received MAR 11 2020 DCM-EC 17 RECEIVED AP'I'IM Coastal I'lanning & Engineering of North Carolina, Inc APR 17 2020 DCM-MHD CITY MANTEO (SHALLOWAG) BAY MAINTENANCE DREGING PROJECT :kppendix B: Signed Agent Authorization Form Received "I' .l 1 7010 ®CM -EC RECEIVED IS MTIM Coastal Planning & Engineering of Nonh Carolina, Inc. APR 1 i 2020 0CM-MHD CITY AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: _Dare County Mailing Address: _P.O. Box t _Manteo, NC 27954 Phone Number: 252 475-5628 Email Address: _brent.johnson@darenc.com I certify that I have authorized _APTIM Coastal Planning & Engineering of North Agent / Contractor Carolina, Inc._, to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: Shallowbay Bay maintenance dredging with upland disposal at the Dare County Regional Airport at my property located at _Dare County Regional Airport , in _Dare County. I furthermore certify that I am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. ProM lnformation: Print or Type Name Received U"`n�cr MAR 1170D Title aoao ®CM -EC Date This certification is valid through C I 1 /� RECEIVED APR 17 2020 DCM-MHD CITY MANTEO (SHALLOWAG) BAY MAINTENANCE DREGING PROJECT Appendix C: Adjacent Riparian Landowner Notifications Received MAR 112020 ®CM -EC RECEIVED 19 APTIM Coastal Planning & Enginccring of North Carolina, Inc. APR 17 2020 0CM-MHD CITY 4D] Received him 15 2020 DCM-EC North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona ,%L Banos, Adr istmtor Governor Roy Cooper Secrctaa Susi IL I lamdwn April 15, 2020 Offa:e d Archives and Histon Ihputy Secretary Kmn OWM Ron Renaldi ron.renaldi ncdenr.gov North Carolina Department of Environmental Quality 401 South Griffin Street, Suite 300 Elizabeth City, NC 27909 Re: Dredge Shallowbag Bay Navigation Channel, Manteo, ER 20-0655 Dear Mr. Remaldi, 'Thank you for your letter of March 6, 2020, concerning the above project. We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579 or emironmental.reviewO.ncdcr.eov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, LwRamona Barms, Deputy State Historic Preservation Officer RECEIVED APR 17 2020 DCM-MHD CITY Lo tion:lug Fastjt Street.RakiONCFWII MailingAddresx:a61')IdlSmxet inter, Rskiph NC r'6'J)-u I' Telephone/Pax:(919) NC.GS'Ib mr.b5)'l a ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the maifplece, or on the front If apace permits. 1. Article Addressed to: /t arrt{e.d, litu "-) 7S i F-, laAgent l ab i ❑ Addmssee B. HeoNeed by tFlnted Neme) IC. Dan of Delivery 1k1;t-w o (�f c D. Is delivery adds diffe nt from Item 17 ❑ Yes It YES, enterdWlvery, address below: ONu Received 0611 18 2020 IIIIIIIII IIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIII III 0AAdul naAmv 0RReep°d g�p 9590 9402 3004 7124 2082 49 tedDWhey o adtifed Mot® DWvcryB1ed Ma �Moo ❑ Cedebd Melt PACWtad DeV.uN ❑ Rot"n Rocelpt for O CoRwt on Dalvery 14=1dwdae Article Number f0arsrerfmm sw iw fabrd ❑ (blloct on DoWVy Restricted Dehv , ❑ Signatwo Confin Miml- 7018 3090 0001 8772 IWI 2766 Rmtdcted De&ey ❑ Slgnatu" ror.Von Restricted 06very UII PS Form July 2015 PSN 7530-02-000.90s3 ■ Complete Items 1, 2, and 3. ' ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front N space permits. 1. Article Addressed to: IVC 0 Al CA lo9f 6.'7',dl.S M it se. vlr;-U, Cet'1�Gi N6o1 Kallli?jti, N(, 2?Gol 9590 9402 3004 7124 2082 56 X. B. Received by(P~Afeme) D. Is delivery address different If YES, enter delivery soon 3. Service Type D Adult slaretren Dornestlo Return Recelpt M-EC ❑ Agent ❑ Addresses C. Date of Delivery ❑ Yes 0 No tie ? GR eceived "1etlAwh1�itlM"D 18 2020 ❑ Certified MWI ReltrModpelWy ❑ROWReodpt for hwfto In Numhar fT�fm rm swvlca fore � Callmt collect n DeehMgn Con " nntrctAd oaM, .0 6lgC"mUcin ReD C M-E C 7018 3090 0001 8772 2780 M�oet iRdcted0alkuy. .MctdDalivory PS Form 3811, July 2015 PSN 7530ffi-000.)(153 ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailplece or on the front If space permits. 1, Article Addressed to: Ma.fS }iey LIO 11i�JPr rrlo fQrem &vedo, i3,�2 s, c�dr a g.y1 'ti•Yq, .51•�e3u1 k1u ��-r1 µMs f�✓(. 27°iY>7 IIIIIIIIIIIII�IIIIIIIIIIIIIIIIIIIIIIIIIullll ° 0 9590 9402 3004 7124 2082 83 13 7018 3040 0001 8772 2754 PRl:avan !Mid .ua.nMaee.r.e..n,...,..,....... Domesu,, shim Rer st B.Yieceived by (Primed rmmb) I C. D. Is delivery address different from Item 17 ❑ Abe If YES, enter delivery address below. lgNo Received We 18 2020 ❑ Priority Mel Ery":s® ❑ RoyWaed MaY^' +,iRIMLD god DofivarY ❑Reglslered Moll Rc,Mc60d IDellvay OeRel�ryva Reoept for D MerdmMke fkied Oefltary ❑ signature Confrtwllonn APR 1 7 zozo ,'7 Slgnstore Corlfimutdan Dulivary ReaMcled Cclivery CITY .. 'U �,<� `.e'� r-- �� Received r� $3.55 �T S � MAD 1 1 2020 a Owrtn.yp.rwl i o .n.w.wX..+t i Yl(i GM6020 patritrtarrrpww t til-nli p.eriptiw�tst f en nn A .- 1y,p y DCM-EC O Posteps �%. j[I 0417-US?, Er m Totel Powps 9(I 03/06 _ 0 _ a � Senf To n ±"F /J�C. o M1 Sireei C7Iy..Std'tb, 3Wijt ^I1._.1.___....._� ...`.___..7. r 0 t. j�jl NO r` N F'/• pl i. � .. r ConWWdMrAFwS,." pN d6li, M1 $ `a k�stec NSM,MYy �; � r9 ❑tW.npwslPtt�{ry1 f Y� � O ❑n.mn n.apt il.XtVXl.1 t 81—� 3 ❑c.nR.e Mtlp.tlhW o.%.n t x;} rlli = O paauXspr RKAoss sue, ❑MUX BI9nsY.tRxWCW ONNry6 Y`l CrCPostage 1p f-r ri l,l O ote Powps• 03 1-2020 rn 6 90 a Sent TuN/1 ))Al c. Iq r` f �Prn �,, _ , •„�.. tic Z� 1, o t Ir to .. r ru IJ ti I` Ilietl tdall Fee f -= - — �tillj � S m ats tawcAosc.eeM � � pJE STAT101, Ih ❑nxun n.wetp,uaoopy) t • �I - - Pri, II � ❑wo.s P.X.�W Ie.Xtssml s Poalmt `— O ❑amnea me tsrsa.e oecwr i Men 6 O ❑MUX 51pnXlun P.nuYtl i -�v ❑AWXSgnpvn q.MCYtpsswryt p Posmgs 7 . B ES, LO ✓ r aR`i'�-3 1 rT} if' . 40 a SMIlb RECEIVED z ° 761) 9t,"l r %J,lis /'/,/ 2 ` YS APR 17 2020 DCM-MHD CITY MANTEO (SHALLOWAG) BAY MAINTENANCE DREGING PROJECT Appendix D: Sediment Analysis Report Received MAP I i 7020 ®CM -EC RECEIVED 20 AP11M Coastal Planning & Engineering of North Carolina. Inc. APR 17 2020 DCM-MHD CITY SEDIMENT ANALYSIS REPORT OF DREDGE MATERIAL FOR MANTEO (SHALLOWBAG) BAY MAINTENANCE DREDGING PROJECT DARE COUNTY, NORTH CAROLINA Received MAP 11 1010 DCM-EC SUBMITTED TO: DARE COUNTY SUBMITTED BY: APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. aminjuiTil December, 2019 RECEIVED Aptim Coastal Planning & Engineering of North Carolina, Inc. APR 17 2020 DCM-MHD CITY Executive Summary In 2019, Aptim Coastal Planning & Engineering of North Carolina, Inc. (APTIM) was authorized to provide project management, environmental, geotechnical, engineering and bidding assistance services to the County of Dare (OWNER) to facilitate a one-time maintenance dredging event within Ranges 1-4 of the federally authorized Manteo (Shallowbag) Bay navigation project. In July of 2019 APTIM utilized CATLIN Engineers and Scientists to collect five vibracore samples within or in proximity to the proposed dredging footprint in Shallowbag Bay. APTIM staff were present during the time samples were collected. Vibracores retrieved undisturbed sediment samples to a target depth of at least -14 ft. MLLW. The length of the actual cores depended on water depth. The final depth of recovery varied based on sea conditions at the time of sampling. APTIM geologists logged the vibracores by describing sedimentary properties by layer in terms of layer thickness, color, texture (grain size), composition and presence of clay, silt, gravel, or shells and other identifying features. Four sediment types were observed within the five vibracores: silty sand (SM), well graded sand (SW), clay (CL), and clayey silt (ML-CL). The predominant sediment type that occurred within three of the five vibracores was a layer of black clay (munsell color value 5Y-2.5/1) ranging in depth between -7.2 ft NAVD88 to -16.6 ft NAVD88. Based the analysis of the sedimentary layers within the five vibracores it appears that sediments within the authorized channel corridor transition from a SM, sand and clayey silt to clay from Northeast to Southwest into Shallowbag Bay towards the Manteo Waterfront. Received we 1 1 2020 DCM-EC i RECEIVED APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. APR 17 2020 DCM-MHD CITY SEDIMENT ANALYSIS REPORT OF DREDGE MATERIAL FOR MANTEO (SHALLOWBAG) BAY MAINTENANCE DREDGING PROJECT DARE COUNTY, NORTH CAROLINA Table of Contents Introduction...................................................................................................... DataCollection..........................................................................................................................2 VibracoreSampling.................................................................................................................2 DataQuality ............................................................................................................................6 Results..........................................................................................................6 Dredge Material Sediment Analysis........................................................................................6 Summary............................................................................................................................. 7 LiteratureCited........................................................................................................................7 List of Figures Figure I. Location Map Showing Navigation Channel to Manleo Harbor within Shallowbag Bay........... I Figure 2. Vibracore collection in Shallowbag Bay aboard CATLIN vessel...............................................2 Figure 3. Map depicting 2019 APTIM Vibracore Locations in Shallowbag Bay.......................................4 List of Tables Table 1. Sieve Sizes Used for Grain Size Analysis..................................................................................5 Table 2. Summary of APTIM July 2019 Shallowbag Bay Vibracore Sediment Samples ...........................5 Received MAN 1 1 2020 DCM-EC ii RECEIVED APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. APR 17 2020 DCM-MHD CITY SEDIMENT ANALYSIS REPORT OF DREDGE MATERIAL FOR MANTEO (SHALLOWBAG) BAY MAINTENANCE DREDGING PROJECT DARE COUNTY, NORTH CAROLINA List of Appendices Sub -Appendix I Scope of Services (DIGITAL COPY ONLY) Sub -Appendix 2 2019 CPE-NC Vibracore Logs (DIGITAL COPY ONLY) Sub -Appendix 3 2019 CPE-NC Vibracore Photographs (DIGITAL COPY ONLY) Sub -Appendix 4 2019 CPE-NC Vibracore Granularmetric Reports (DIGITAL COPY ONLY) Sub -Appendix 5 2019 CPE-NC Vibracore Grain Size Curves/Histograms (DIGITAL COPY ONLY) III APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. Received MAR 117020 DCM-EC RECEIVED APR 17 2020 DCM-MHD CITY INTRODUCTION The purpose of the proposed project is to conduct a one-time maintenance dredging event within Ranges 1-4 of the federally authorized Manteo (Shallowbag) Bay navigation channel along with a connecting channel extending from Range I to the edge of the berth of the Elizabeth 11 docked along the western side of Festival Park (Figure 1). The authorized depth of the federal channel is -12 ft. MLLW. In order to characterize the material in the channel, APTIM collected and analyzed five vibracores throughout the proposed channel in which maintenance dredging will occur. AMnUc •-- ❑ nen cou n �CSn!rr° Care can Hrde cam, ms e . ` i=r1JrL•I;U , ,a• }T. �x•mr,<I ilF�no3iew+nn��l r i r F Notes: Legend: 1. Coordinales are in feet based on the ---- Navigation Center Line and Setback North Carolina Stale Plane Coordinate System, North American Datum of 1983 (NAD 83). 2. 2016 background image provided by NC OneMap RECEIVED APR 1 7 2020 DCM-MHD CITY Figure 1. Location Map Showing, Navigation Channel to Manteo Harbor nithin Shalloobag Bay. Received 1 APTIM COASTAL PLANNING &ENGINEERING OF NORTH CAROLINA. INC. MAR 1 1 2020 DCM-EC DATA COLLECTION Vibracore Sampling In order to obtain sediment samples from within the proposed dredging area, APTIM contracted with CATLIN Engineers and Scientists to collect vibracores. On July 30, 2019, five vibracores were collected under the direction of APTIM staff (Sub -Appendix 1). Figure 2 depicts the vibracore locations. Four of these vibracores (MVC-19-01, MVC-19-03, MVC-19-04, and MVC- 19-05) were collected within the footprint of the federally authorized channel. The remaining core, MVC-19-02, was collected outside of the authorized channel in order to characterize sediments located within the current deep -water channel as surveyed by the USACE in August 2019. To obtain these vibracores, CATLIN Engineers and Scientists used a system consisting of a generator and mechanical vibracore head connected via cable to a 3-inch lexan tube. The tube was vibrated to a pre -determined depth below the sediment -water interface or until refusal was experienced. Vibracore collection targeted the retrieval of undisturbed sediment samples from a depth of at least -14 ft. MLLW. Received MAe 1 1 2020 Figure 2. Vibracore collection in Shallowbag Bay aboard CATLIN vessel. APTIM geologists logged the vibracores by describing sedimentary properties by layer in terms of layer thickness, color, texture (grain size), composition and presence of clay, silt, gravel, or shells and other identifying features. Wet Munsell color was determined in accordance with American Society for Testing and Materials Standard Materials Designation D2488-09A for description and identification of soils (visual -manual procedure). The vibracores were digitally photographed against an 18%gray background. This is the standard reference value against which all camera light meters are calibrated. An 18% gray background is used to provide a known reference color. The vibracores were photographed in 2.0 ft. intervals. APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. RECEIVED APR 1 7 2020 DCM-MHD CITY Sediment samples were extracted from the vibracores at irregular intervals based on distinct stratigraphic layers in the sediment sequence. The sediment samples collected from the vibracores during the logging process were analyzed to determine color and grain size distribution. During sieve analysis, any obvious uncharacteristically large fragments (such as whole shell or large shell fragments) were removed and the description (weight and size) of the material was noted. The wet, dry and washed Munsell colors were noted. Sieve analyses of the sediment samples were performed in accordance with the American Society for Testing and Materials (ASTM) Standard Methods Designation D 6913-17 for particle size analysis of soils. This method covers the quantitative determination of the distribution of sand size particles. For sediment finer than the No. 230 sieve (4.0 phi) the ASTM Standard Test Method, Designation D 1140-17 was followed. Carbonate analysis was not performed on the samples. Table 1 presents sieve sizes used for grain size analysis, weights retained on each sieve were recorded cumulatively. Received MAR 1 1 2020 DCM-EC APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. RECEIVED APR 17 2020 DCM-MHD CITY Y MVC Is,- 1_I Cwli !7T, mtmnl Notes: a1tl,w'.wtrt�,. I. Coordinates are in feet based on the North Carolina Slate Plane Coordinate System, North American Datum of 1983 (NAD 83). 2. 2018 Background image provided by Dare County, NC. -� d� . mlYA"" > J90Y P 2'w APTIM 2019 Vibracores !'✓ Navigation Center Line ED Channel Setbacks 0 025 05 0000U0 Figure 3. Map depicting 2019 APTIM Vibracore Locations in Shallnebag Baq. a APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. Received MAR 11 2020 DMEC DECEIVED `'' { A 7 2020 i'1CM-MILD CITY Table 1. Sieve Sizes Used for Grain Size Anabais. Sieve Size Sieve Size Sieve Size Classification (number) (phi) (mm) 3/4" 4.25 19.00 5/8" 4 16.00 gravel 7/16" -3.5 11.20 5/16" -3 8.00 3 1/2" -2.5 5.60 4 -2.25 4.75 5 -2 4.00 granular 7 -1.5 2.80 10 -1 2.00 14 -0.5 1.40 I8 0 1.00 25 0.5 0.71 35 1 0.50 45 1.5 0.36 sand 60 2 0.25 80 2.5 0.18 120 3 0.13 170 3.5 0.09 200 3.75 0.08 230 4 0.06 fine pan Grain size data were entered into the gINT' software program, which computes the mean and median grain size, sorting, and fine (< 0.0625 mm) percentages for each sample using the moment method (Folk, 1974). Data from the vibracore samples were used to characterize the material within the proposed maintenance dredge areas of Manteo (Shallowbag) Bay Navigation Channel. Sediment types located within the proposed project area consisted of sand, silty sand, clay and silty clay. Sediment composites were not generated for this study. However, results showing sediment classification based on percent fines passing through the #230 sieve can be reviewed in Table 2. Table 2. Summar of APTIM July 2019 Shallowbaa Bav Vibracore Sediment Samples Sample ID Depth NAVD ft % Passing #230 Classification Wet Munsell Color Value MVC-19-01 #I -6.4 to -8.4 30.51 Silty Sand S 5Y-3/2 MVC-19-01 #2 -8.4 to -15. I 69.42 Clayey Silt ML-CL 5Y-2.5/I MVC-19-02 #1 -6.2 to -8.2 11.59 Silty Sand S 5Y-4/1 MVC-19-02 #2 -8.2 to -10.2 0.95 Sand S 2.5Y-5/6 MVC-19-03 # 1 -7.2 to -16.6 95.55 Clay CL 5Y-2.5/1 MVC-19-04 #I -6.9 to -14.1 98.74 CIay (CL 5Y-2.5/I MVC-19-05 #1 -7.3 to -12.5 90.64 Clay CL 5Y-2.5/1 DECEIVED P 1 7 2020 UGM-MHD CITY 5 Received APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC, Mae 11 2020 DCM-EC Munsell color values for the five 2019 APTIM vibracores noted in the vibracores logs describe the sediment as being dark gray to black, respectively. The 2019 APTIM vibracore data tables, logs, granularmetric reports, grain size curves/histograms and photographs are included in Sub - Appendices 2-5. Data Quality Data collection utilized industry standard survey systems and methodologies to collect geotechnical data. Vibracores were collected at varying distance throughout the targeted area to capture each portion of the channel. Despite the resolution of the geotechnical data, it is possible that interpolations between vibracores may result in unexpected material (rock, silty sand, clay, etc.) within the proposed channel. RESULTS Dredge Material Sediment Analysis Vibracores collected generally contained four predominant types of sediments. The first type of sediment consisted of sand (SW) that was light olive brown (2.5Y-5/6) in color with 0.95 percent fines. The second type of sediment consisted of silty sand (SM) that was dark olive gray in color with 30.51 percent fines. The third type consisted of clayey silt (ML-CL) with pockets of fine to silty sand, mottled black in color (5Y-2.5/1) with 69.42 percent fines. The fourth type consisted of clay (CL) was black in color (5Y-2.5/1) with 95.55 percent fines. One layer of organic peat (PT) was observed in MVC-19-05 between -12.5ft and -12.9ft NAVD. The most prevalent sediment type was clay that was sampled in three of the vibracores (MVC-19-03, MVC-19-04, and MVC- 19-05). All of the clay samples were black in color and very soft with trace amounts of organics and shell hash. All clay samples contained greater than 90 percent fines. Sub -Appendices 2 and 3 contain vibracore logs and photographs. The granularmetric reports and grain size curves/histograms for the samples collected from these vibracores are presented in Sub - Appendices 4 and 5, respectively. Based on recent surveys of the channels (August 2019) performed by the USACE, APTIM has calculated the volume of material within the limits of the authorized channel from Ranges 14 at depths ranging from -9 ft. MLLW to -12 ft. MLLW. The volume estimates do not include the volume of material to be removed immediately adjacent to the berth where the Elizabeth 11 is moored. Table 3 provides a summary of the volume estimates for the channel. RECEIVED APR 17 2020 Received DCM-MHD CITY MAP 112020 APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. DMEC Table 3 . Estimated volume to be removed between Ranges 14 inside the limits of the authorized channel. NAVD Depth ft Volume Cu. Yd. -9.0 60,591 -10.0 97,644 -11.0 136,873 -12.0 178,065 SUMMARY An evaluation of vibracore data collected in 2019 show the sediment in the proposed channel maintenance area is predominantly clay found in three vibracores collected inside Ranges 1-3 near the Manteo waterfront and in the Southwest portion of Range 4 within Shallowbag Bay. Sand, silty sand, and clayey silt were observed in two vibracores along the Northeast portion of Range 4 at the mouth of Shallowbag Bay at the intersection of the Roanoke Sound. Analyses of the samples collected from the APTIM 2019 vibracores indicate that sediments within the Shallowbag Bay authorized channel to Manteo become finer moving from the Northeast section of Range 4 to Southwest and into Ranges 1-3 along the Manteo waterfront and Roanoke Island Festival Park. LITERATURE CITED Folk, R.L., 1974. The Petrology of Sedimentary Rocks. Austin, Texas: Hemphill, 182p. APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. Received MAR I 1 7020 DCM-EC RECEIVED APR 17 2020 DCM-MHD CITY MANTEO (SHALLOWAG) BAY MAINTENANCE DREGING PROJECT Appendix E: Affected Environment Received MAR 1 1 7020 DCM-EC 21 RECEIVED APTIM Coastal Planning & Engineering of North Carolina, Inc. APR 17 2020 DCM-MHD CITY A APTIM Manteo (Shallowbag) Bay Maintenance Dredging Project Appendix E: Affected Environment 1.0 Background The U.S. Army Corps of Engineers (USACE) initially authorized the Manteo (Shallowbag) Bay project on May 17, 1950 by HD310/81/1 and project improvements were later authorized on December 31, 1970 (HD 91-303/91/2). This federal navigation project is located along the Outer Banks portion of Dare County, North Carolina, between Oregon Inlet, Roanoke Island, and Albemarle Sound. The project includes the following elements: • A channel 6 feet deep and 100 feet wide extending 1.6 miles from Manteo (Shallowbag) Bay through Roanoke Sound to that depth in Albemarle Sound (Referred to as Range 4A and 4B) • A channel 12 feet deep and 100 feet wide from a basin in front of the town of Manteo extendingl2.6 miles to and through Roanoke Sound to Old House Channel (Referred to as Ranges 1 through 17, including Range 17 Extension), including a side channel of the same dimensions 0.8 mile long to a basin at the town of Wanchese (Referred to as Ranges 14 A, B, and C) • A channel 12 feet deep and 100 feet wide extending 8 miles from Oregon Inlet via Old House Channel to the 12-foot contour in Pamlico Sound (Section from the Bridge to Old House Channel referred to as Oregon Inlet West Ranges I through 6; Old House Channel includes Ranges I and 2) • A channel 14 feet deep and 400 feet wide from the Oregon Inlet gorge across the ocean bar. Although the entire Manteo (Shallowbag) Bay project has been federally authorized, only portions have been maintained on a regular basis by the USACE. Over recent years, navigability has been compromised due to shoaling within the basin between the town of Manteo and Roanoke Island Festival Park and the channel extending through Shallowbag Bay into Roanoke Sound (Ranges I through 5). According to the USACE, this area has not been maintained by the USACE since the construction of the state-owned Wanchese Seafood Industrial Park in 1981 (T. Horton, personal communication, 2019). Since that time, the State of North Carolina continued to maintain this stretch of the federal project periodically. Specifically, the State has performed maintenance dredging within Ranges 1-5 of the Shallowbag Bay project six times since 1985. Five of these events were conducted with private contract dredges and one time with the State's Ferry Division plant. The amount of material removed during each of these six events ranged from 8,000 cy to 276,000 cy (Moffatt & Nichol, 2005). No maintenance dredging, however, has been performed within these channels since 2005 which has led to impediments to navigation over recent years. Received RECEIVED MAR 1 1 2020 DCM-EC / oR�1 7 2020 DCIVI-MHD CITY / Manteo (Shallowbag) Bay Maintenance Dredging Project APTIM Recent bathymetric surveys in the channels proximate to Manteo were conducted by the USACE on January and February 2020. These surveys revealed the extent of compromised navigability due to the chronic shoaling. Specifically, sections of Range 2, Range 3, and Range 4 contain depths as shallow as -5' MLLW. As such, safe and reliable recreational boating opportunities have been limited within the area In addition, this continued shoaling has prevented the Elizabeth II, a representative 16" century sailing ship with an 8-foot draft, from navigating into Roanoke Sound from its home berth at Festival Park. Without the ability to sail to Mantis Harbor where it can undergo repair and maintenance, the wooden vessel may become structurally unsound rendering it unable to fulfill its educational mission. In order for the ship to transit to Matins Harbor, it requires water depths greater than 8 feet. 2.0 Purpose and Need The stated purpose of the USACE's federally authorized Manteo (Shallowbag) Bay project is to provide a safe, reliable navigable channel from the Atlantic Ocean through Oregon Inlet to Roanoke Sound and connecting channels to Pamlico Sound. In the same spirit, Dare County is now seeking the necessary permits and clearances allowing them to perform maintenance dredging within Ranges 1-5 of the federally authorized project and a connector channel to the berth of the Elizabeth II to ensure safe, reliable navigation within those specific areas and to maintain the economic viability of the Town of Manteo and Festival Park. Without performing this maintenance dredging, the ability of the Elizabeth II and recreational boaters to navigate safely to and from Manteo and Festival Park to the Roanoke Sound will continue to be compromised. Furthermore, dependable navigation through these channels could jeopardize a potential loss of revenue due to loss of tourism spending for both the town of Manteo and Dare County. 3.0 Proposed Action Dare County's proposed action includes maintenance dredging within Ranges 1-5 of the federally authorized Manteo (Shallowbag) Bay project. Ranges 1-5, as depicted in Figure I includes the basin between the town docks at Manteo Festival Park just south of Doughs Creek and a channel that extends through Shallowbag Bay into Roanoke Sound In addition to the maintenance dredging within the federally authorized channel, the project will also include dredging a connector channel between Range I and the berth for the Elizabeth U (Figure I and Appendix A). In total, these areas span approximately 2.2 miles. The footprints within Ranges 1-5 will be maintained utilizing a clamshell bucket dredge dug to the same width (100') as the federally authorized channel. The depth, however, will be limited to -10' MLLW (the federal channel is authorized to -12') as will the channel connecting Range 1 to the berth of the Elizabeth I1. Based on the January and February 2020 bathymetric surveys, approximately 90,000 cy of material could be dredged out of Ranges 1-5 at a depth to -10' MLLW. It is anticipated that approximately 1,500 additional cubic yards of material would be excavated from within the connector channel between Range 1 and the berth of the Elizabeth II. Dredging activities will be restricted by the general dredging moratoria and will not commence between April 1 and September 30. 2 Received RECEIVED MAR 112020 APR 17 Z020 DCM-EC DCM-MHD CITY A APTIM Manteo (Shollowbog) Bay Maintenance Dredging Project Figure 1. Dredging footprint and spoil offloading area for the proposed Shallmcbag Bay dredge maintenance project. The dredge spoils will be transferred from a barge to an offloading barge landing site located along the eastern shoreline of Shallowbag Bay (see Appendix A). Although die waters in proximity currently include depths greater than 4' (the estimated draft for a fully loaded barge), limited dredging be required within this area may be required to gain access to the offloading site. Dredging in proximity to the offloading site would be limited to a 75' wide channel down to -5' MLLW within a defined dredging corridor. The material will then be loaded directly into trucks and delivered to the dredge disposal area located within the grounds of the Dare County Regional Airport (Figure 2, Appendix A). Prior to disposal, the dredge disposal site will be cleared, graded, and improved as needed such that it will conform with DEMLR standards. Furthermore, all sediment control features associated with the disposal site will abide by those set forth in the conditions stated in DEMLR's Erosion Control Permit (permit pending). Site improvements at the dredge spoil disposal location will conform with DEMLR sediment control standards. Received RECEIVED MAR 112020 p 1 7 2020 DCM-EC DCM-tiMHD CITY Manteo (Shollowbag) Bay Maintenance Dredging Project .404 APTIM M 17 k , Da Regi 1. 2018 background image provided by Dare County. 0 Dredge Spoil Stockpile Sites Figure 2. Dredge spoil stockpile site at Dare Couny' Regional Airport. 4 Received RECEIVED MA2112020 APR 1 7 2020 DCM-EC DCM-MHD CITY A APTIM 4.0 Affected Environment d.1 EFH Manteo (Shallowbag) Bay Maintenance Dredging Project The Magnuson -Stevens Fishery Conservation and Management Act (MSFCMA) of 1976, amended on October 1996 and also referred to as the Sustainable Fisheries Act, was enacted by the U.S. Congress to protect marine fish stocks and their habitat, prevent overfishing while achieving optimal yield and minimize bycatch to the extent practicable. Congress defined Essential Fish Habitat as "those waters and substrate necessary to fish for spawning, breeding, feeding or growth to maturity". The MSFCMA requires that EFH be identified for all fish species federally managed by the Fishery Management Councils (FMC) and the National Marine Fisheries Service (NMFS). Eight FMC were established under the MSFCMA to manage living marine resources within federal waters and are required to describe and identify EFH designations in their respective regions. Each of these councils is responsible for developing Fishery Management Plans (FMP) to achieve specified management goals for fisheries. The FMP includes data, guidelines for harvest, analyses and management measures for a fishery. Each FMP must describe the affected fishery, analyze the condition of the fishery, and describe and identify relevant EFH. In close coordination, both the South Atlantic Fisheries Management Council (SAFMC) and the Mid -Atlantic Fisheries Management Council (MAFMC) manage marine fisheries in the federal waters off the North Carolina coast. Federal water limits off the North Carolina coast extend from 3 nautical miles to 200 nautical miles. In addition, the Atlantic States Marine Fisheries Commission (ASMFC) manages fisheries in the state waters of all 15 Atlantic coast states from Maine to Florida. The ASMFC manages fish stocks within the state waters of North Carolina from the coastline to three nautical miles offshore. The SAFMC is responsible for the conservation and management of fish stocks within the federal 200-mile limit of the Atlantic off the coasts of North Carolina, South Carolina, Georgia and east Florida to Key West. The seven states that comprise the MAFMC are New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia and North Carolina (North Carolina is also on the South Atlantic Council). The MAFMC also works with the ASMFC to manage summer flounder, scup, black sea bass, bluefish and spiny dogfish. The SAFMC broadly defines EFH habitats for all of its managed fisheries in a generic management plan amendment that contains life stage based EFH information for each of the federally managed species. The SAFMC currently manages eight fisheries that include coastal migratory pelagics, coral and live bottom habitat, dolphin and wahoo, golden crab, shrimp, snapper grouper, spiny lobster and Sargassum. Of these eight fisheries, only the snapper grouper complex contains species that are considered overfished. Both the recreational and commercial snapper grouper fisheries are highly regulated and progress continues to be made as more species are removed from the overfished list each year. The other fisheries are expected to continue into the future at productive sustainable levels (SAFMC, 2018). RECEIVED Received MAR 112020 PR 17 2020 DCM-MHD CITY DCM-EC A APTIM Manteo (Shallowbag) Bay Maintenance Dredging Project The MAFMC is responsible for the conservation and management of fish stocks in the federal waters off the coasts of New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia and North Carolina. They have prepared multiple FMPs with amendments to identify EFH for each life stage (eggs, larvae, juvenile and adults) of its managed fisheries (Table 1). The MAFMC identifies several broad areas designated as EFH in estuarine and marine environments. The six FMPs developed by the council are the golden tilefish; summer flounder, scup, black sea bass; dogfish; surf clam and ocean quahog; Atlantic mackerel, squid, and butterfish; and bluefish (MAFMC, 2019). Table 1. EFH for managed species within coastal North Carolina. Not all species within a management unit have EFH designated; such species have 'none' within the life stages column. Management Agency Management Plan S epee u Common name Scientific name EFH life stages Ca Iwo Sea In r Calicoscallop Ar tecleu us A SAFMC Coastal Migrnlory Pdapias Cobin Rachrrenlron camdurn E 1. P J A SAFMC SAFMC Dolphin Kin, mackerel Corr• fhaena hi runts Scurnberowonrs mvalla 1,P J A J A SAFMC Spanish mackerel Seomherooron(.s mandana 1, J A SAFMC Coral & Coral Rocf Corals I Ous ors rocies Florida old • SAFMC Golden Crab Golden crab C'hm eon fenneri A SAFMC Red Dnan Red drum Sciaeno fs acellarns E L A SAFMC Shrimp Brown shriary Farfimleponacus azorcus ELA SAFMC Pink shrim r Far• Inne mucus dowrantm E L A SAFMC Rock shrimp Sinwnia brevimvris A SAFMC Royal red shrimp Plemicus rohusna A SAFMC White shrim r Lilopenaeus.vetijisws ' I SAFMC Snapper Grouper BackSar r .ufamf.v bwa SAFMC i II 1 C 11' G } (nla(ilnr nrifln as SAFMC Golden lilcfish Lorhohndn,, h,unoeleontieefs A SAFMC Grae son er Latjarm.s erlwus L A SAFMC Greater amber ack Senola tlonterili J SAFMC Jcalish h fine heh s im'nra Florida only SAFMC Mullon S11apper Lur'anus annhs Florida onl • SAFMC Red wmv Pa us lmgrus E I, .1 A SAFMC SAFMC Red sna r r Lut'nnus cur r rechanns L. P. J Scamp 11 ever» v t fhenar SAFMC Silk snapper Lulianfts wiauus J A SAFMC Sno%w grouper F. fine, 1, fly I iveatus E L A SAFMC Speckled (rind E fine fhehiv b-o,nwan(#un4 A SAFMC Ve dllion snapper Rha sbo hles anrnr(fietn SAFMC Warsaw grouper E fine ,hehcs ni •rill's E A SAFMC White grant l aeuwhm fhnnieri E. L. A SAFMC Yel owed a grotwer li fine rhelrrr flavolind,was E 1, A SAFMC Spiny Lobster Spiov Lobster 1§uni irta argms L J A MAFMC Atlantic Mackerel. Squid Butterfish AI anuc buttetfish Peprihf.r trancunt ins None MAFMC Atlantic mackerel Scomher srombrus None MAFMC Long finned squid LofiRo malai None MAFMC Short finned squid 1/ler illecehrasus None MAFMC Allanlie Surfelam & Occun Onahoo Ocean qL01109 Arlicn islanth'cn None MAFMC Surfelmn S isula solithssium None MAFMC' Bluefish Pauwlonius sahairis 1,JA MAFMC Sin • dogfish S't ualu.s acanlhias J A MAFMC I Black sea bass C•enlro fristis slriala li L J A RECEIVED APR 17 ZOZO Received MO 1 1 7020 D M-EC DCM-MHD CITY A. APTIM Manteo (Shollowbag) Bay Maintenance Dredging Project MAFMC Sumner flounder Paralichrin•.rdenmlus 1,JA FS IJigh Migratory Species ISkipiack lWestern 1 ue mar m • a nira ni ricnnsLJA NMFS Lon bills artish Tetrauulms r ue•eri S Sailfish Isli banes dam never E J NMFS White marlin Telrarruneralbidmv JA NMFS Atlantic angel shark S ralina /lumer'ili e NMFS Atlantic sha lose shark ldw n•iormdou terraenom, 1 NMFSBaskum slunk Celorhnms I.. raaar one NMFS Big nose shark Carcharldnus ahmom, J NMFS Bi c o sand ti er shar' Odontas is nwonhai one NbHS •B*ucNc smxuill shark hruranduff wildirs NMFS Biaeve thresdicir.drark .110via.y.wiverciliosily PS 3lacknow shark ( i..rhivas acrnnat u NMFS Macklin shark (Lrcharhians limbalus J NMFS Blue shark Primlace 1<111cn J S NMFS Bonnethead S rlr rua riburo J A NMFS Bull shark Carcharhinus leni'm J NMFS Carribean reef shark Car charhinus perezi Research Area NMFS Carritncan sha Iriose shark Rhizo rionodon rorosas None NMFS Ihmskr shark Car•charllinas obsnrrin NMFS Finelooth shark Carcharldrnrs isodon E L P J S A NMFS Gala a os shark Carcharhinus malammensis None NMFS it al hammerhead C h r 11 ntokarran J Longfin mako shark snrus vaucim, E 1. 11 J S NMFS Narrowtswlh shark Ca)•charknus hrach nrrits None NMFS Night shark Carcharlunus si malls J A NMTS Nurse shark Gin 1 vnostonla cirralum J A NMFS O ccanic whitetin shark Carcharliimcs lonvinwitus J S A NMFS Porbca Ic shark Lamm nanls None NMFS S SandbarNMFS n slunk r.. raurus Car, harhious d unhem •S Scalloped hammerhead S rinrno le" irli •S Sliamnow sevenuill shark -env 1 / ias verly NMFS Shortlin mako shark lrunlx o.r vinchus E L P J S A NMFS PS Silky shark SiNgill shark-.. -__--- Curchorlrirrusfitici mwlis fleram'hns w-kesm, J None S S Ialltail shark Carcharhiwls vormus None NMFS Smooth hflmedicad syIn"lamwama None NMFS S rinser shark Cardwrlimmy b mi r' NMFS Thresher shark common A Wins and rimer None •S Tiger shark Galeacenlo cuvieri J S A NMFS Whale shark IUlincodml tivnis None NMFS White shark Carchamlon ramltar' s J •S Smurdlisl A"um, <alins •S Albacore Thumum,alalun a A NMFS 1 nuum, oh sus NMFS Atlantic vellowfin hurn Thumucr alb NMFS !rune &usuro ns relands JELJSA NMFS Atlantic Nuefin lung IThrinnic, thrnnus IF L J S A 1. These Essential Fish Hflbit l species were comppiled from Essential Fish Habitat: A Marine Fish Habitat Consecration Mandate for Federal A enefrs. I+ctuvan 1999 (Revised It - (Appendices . 3 G, . nn ). i ume n 1 spwcnes are msted in. Appendix un cr NationalMarine Fisheries Service management, only 35 of these specks lave IiPI I listed in Appendix S. . Life stages include: E - F:ggs. L - Larvae. P - PoalLarvac. J - Juveniles, S = SubAdulls, A - Adult, . Organizations responsible for FishcR Management Plans include: SAFMC(Smah Allanlic Fishcry Manng+muenl Council); MAFMC (Mid -Atlantic Fishery Management Council: NMFS = National Marine Fisheries Service) RECEIVED Received WO 112029 APR 1 7 2020 DCM-EC DCM-M D CITY A` Manteo (Shallowbog) Bay Maintenance Dredging Project APTIM NMFS has also prepared multiple FMPs with amendments to identify EFH within its authority. Four fisheries (billfish, swordfish, tuna and sharks) are managed under the FMPs of NMFS and are classified as Highly Migratory Species (HMS). NMFS geographically defines EFH for each HMS along the Atlantic coast. The defined EFH areas are species -specific and include shallow coastal waters, offshore waters inside the exclusive economic zone (EEZ), offshore waters outside the EEZ and inshore waters along the Atlantic coast (NMFS, 2010). The North Carolina Marine Fisheries Commission (NCMFC) manages commercially and recreationally significant species of fisheries found in state marine or estuarine environments. The NCMFC designates Primary Nursery Areas (PNA) that are included as EFH by the SAFMC. The waters of Shallowbag Bay are a major component of Dare County's estuarine system. This highly productive biological system provides habitat for estuarine dependent species which must spend all or some part of their life cycle within the estuarine waters to mature and reproduce. Shallowbag bay has been designated as a nursery ground for many sport and commercial fish species found in North Carolina's waters due primarily to the intermixing of freshwater and brackish water in the bay (Wild-Ramsing, 1983). 4.1.2 Habitats Designated as EFH Aside from the life -stage based EFH defined for managed fish species, the SAFMC and MAFMC have designated eight habitats as EFH, listed in Table 2. Of those habitats listed, only estuarine water column, seagrass, and oyster reef and shell banks are found in proximity of the project area. Brief descriptions and effects determinations for all EFH categories near the proposed Project Areas are continued below. Table 2. Estuarine Essential Fish Habitat identified in FMP Amendments of the South Atlantic and Mid -Atlantic FMC's (NMFS. 2010a). SAFMC MAFMC Estuarine Areas Estuarine Areas Estuarine Emergent Wetlands Seagrass Estuarine SemhiShrub Mangroves Creeks Oyster Reefs and Shell Banks Mud Bottom Intertidal Flats Estuarine Water Column Palustrine Emergent and Forested Wetlands Aquatic Beds Estuarine Water Column Estuarine Water Cohimn The SAFMC and MAFMC designate estuarine and marine water columns as EFH. The SAFMC defines the estuarine water column as the medium of transport for nutrients and migrating organisms between river systems and the open ocean (SAFMC, 1998). The estuarine Wter column 8 RECEIVED eceived MAR 11 202.9 APR 17 2020 DWEC DCM-MHD CITY A Manteo (Shallowbag) Bay Maintenance Dredging Project APTIM is organized into salinity categories ranging from 0 ppt to > 30 ppt according to the method of classification utilized. The entirety of the aquatic portion of the project area considered estuarine water column EFH. The North Carolina Division of Water Quality (NCDWQ) classifies the Shallowbag Bay and Roanoke Sound as SC (tidal saltwater). During dredging, the estuarine water column may experience a temporary elevation of turbidity levels in proximity to the dredge. When sediment re -suspension occurs, larger particles will likely settle out; however, the finer sediments will remain suspended for longer periods in turbulent water (Adriaanse and Coosen, 1991). Suspended particles may interfere with the biological functions of some organisms such as feeding, respiration, reproduction and potentially cause predator avoidance. High turbidity and silt loads can have detrimental impacts to filter feeding organisms associated with nearshore benthic communities including amphipods, isopods, decapods, polychaetes, mollusks and others. The conditions of diminished light penetration within the water column can detrimentally affect the photosynthetic activity of phytoplankton, the primary producers of energy production. The re -suspended material in proximity to the dredge is expected to settle relatively rapidly due to the typical relatively calm conditions within Shallowbag Bay. Compared to marine environments, these relatively calm conditions will allow for rapid settling of suspended particles and, therefore, the dredging activity should have no appreciable effects on the dissolved oxygen, pH or temperature. Accordingly, it is anticipated the proposed project will have only minor temporary impacts to the estuarine water column within the proposed dredging locations. Seagrass Seagrass, or submerged aquatic vegetation (SAV), is generally defined as submerged lands that are vegetated with one or more species of submerged aquatic vegetation, or have been vegetated by one or more species of submerged aquatic vegetation within the past 10 annual growing seasons. The average physical requirements of water depth (six feet or less), average light availability (secchi depth of one foot or more) and limited wave exposure that characterize the environment suitable for growth of SAV are also required to meet the general definition. (NC Marine Fisheries Commission (NCMFC) (15A North Carolina Administrative Code (NCAC) 03I.0101(4)(i)). In North Carolina, the most common species of SAV is eelgrass (7.6slera marina), shoalgrass (Halodule wiighlii) and widgeon grass (Ruppia maritime). These vegetation beds occur in both subtidal and intertidal zones and may occur in isolated patches or cover extensive areas (Deaton, 2010). SAV is designated EFH for the snapper/grouper complex, red drum and penaeid shrimp by the SAFMC (NMFS, 2010). Blue crabs, which are managed by the NCDMF, also utilize Seagrass habitat during various life stages. In terms of their value as EFH, Seagrass bed ecosystems are utilized by larval and juvenile fishes for foraging, spawning and escape from predation. Commercial and sport fishes in their larval and juvenile stages, such as gag grouper (Mycleropeiva microlepsis), gray snapper (Lu(janus griseus), bluefish (Pontalomits salialrix), flounder species (Paralichlhys sp.), fish of the Clupeidae family and others are found in seagrass beds in the early spring and summer (ASMFC, 2016). Bay scallops (Argopeclen irradians conceulricus) are also typically found in SAV habitat. Because of its use for foraging, spawning and shelter, SAV is RECEIVED Received MAR 1 1 2020 APR 17 2020 DCM-MHD CITY DMEC A Manteo (Shallowbag) Bay Maintenance Dredging Project APTIM designated as HAPC. The red drum (Sciaenops ocellaws) is one species that SAV serves as a HAPC. The Carolinas are in a transitional area that represents the southernmost extension for some cold - adapted species and the northernmost extension of warm -adapted species. In North Carolina, the dominant seagrass, eelgrass (Zostera marina), grows at the southernmost extent of its range, while shoal grass (Halodule wrightii) is at its northernmost extent. SAV is an important indicator of environmental health because of its sensitivity to aquatic stressors. Factors affecting SAV distribution include the hydrodynamic characteristics of water velocity, depth, waves and the water's ability to transport sediments. Boating operations cause direct impacts to SAV as a result of increased wave action, propeller damages, and by reduced light due to the suspending of bottom sediments and manmade overhangs and structures (i.e. piers). Indirectly, the construction and maintenance of channels by dredging may suspend sediments leading to decreased light transmissivity and burial of the vegetation. Consequently, the mapping of SAV allows for their avoidance during the planning and design of new vessel channels and marine basins. Environmental scientists from Quible & Associates conducted a SAV survey in and around the areas of Shallowbag Bay and the Roanoke Sound in 2004 (Quible, 2005). On October 20, 2004, a total of thirteen random sampling locations were chosen within areas in proximity to Shallowbag Bay. In addition, three raking stations were chosen in shallow water areas. At each sampling location, latitude and longitude coordinates were recorded along with depth to bottom measurements, which were obtained with a PVC measuring rod calibrated in feet. Substrate samples were collected using a petite PONARTM substrate grab sampling device. The majority of the samples collected consisted of black organic rich muds. Raking was conducted in shallow areas (less than 6 feet). Raking was not deemed necessary in deeper areas where sunlight does not penetrate to the substrate. No SAVs or evidence of SAVs were observed in any of the 13 samples collected or in any of the raked areas. In addition, during the 31 plus shallow water dives performed during an associated vibracore sampling effort (October 28-30, 2004) no SAVs were observed to occur. Based on field observations, Quible determined it is unlikely that any SAV grows in the types of substrates noted or at the depths within the areas investigated (Quible, 2005). In addition to the investigation of SAV occurrences conducted by Quible, as described above, SAV occurrences within coastal areas in North Carolina have been delineated by NMFS using visual interpretation of SAV areas using high resolution aerial photography. The most recent visual interpretation for the area surrounding Shallowbag Bay was conducted using 2006-2008 aerial imagery. Figure 3 depicts the extent of the SAV occurrences to the north of the footprint of the proposed channel maintenance project. Received 10 RECEIVED Map 112020 APR 17 2020 DCM,EC DCM-MHD CITY ,(r_ ' � k n+' r •JtLY2t�liY ✓' Pi Its,' a.•tr�✓ J m,. l .+'..b f9Il1L[9Y�'1`1£1!1Ri Fe ,4 r � a �p<tY+e � e • Ba�eeuyewn m.Prypown [enewe {E,b�y NaEl S.b.. WAAUO, V". MW 1 MDN, La.w Nu,n.e[mmN SMuOa �rva iSFV ON vnpay.Y]WMC IXu WuoLNmY MaiW .i. 0.m >ENVRM OaM vn r•M1,f.nSldE 0 vrvn+IV i Q E•YBM IIPN�vM p,Ep,Nx OfI1BE _� 0 IUD OOU MYYu1b NOYtq�N'Id Mn J� l0•erlw NlN�IYLLYA itlI�n NEw aJ E naDn�pvgry CmW >aYm FM 1 aw XUl lNufpN ✓,Rxr_ Figure 3. SAV beds in proximity to Sballowbag Bay. Received MAR 2 6 2020 Deer -EC RECEIVED APR 17 2020 DCM-MHD CITY A Manteo (Shallowbag) Bay Maintenance Dredging Project APTIM vegetated or non -vegetated substrate and presence or absence of shell. Figure 4 depicts the distribution of the various habitats within the project area that contain shellfish resources based on data from the NCDMF Shellfish Mapping Program. The blue polygons in proximity to the federally authorized dredging footprint is designated as "subtidal firm unvegetated shell" habitat. No other shellfish habitat has been identified within the project area. Because the known shellfish resources lie outside of the proposed dredging footprint, no direct impacts are anticipated. The temporary increase in turbidity and sedimentation could impact oyster reefs, however, the dredging activity will be limited by the environmental dredge window (April I through September 30). Therefore, dredging will not occur during while oysters and shellfish are most biologically active. As such, these resources are not anticipated to be directly or indirectly impacted by this proposed project. Figure a. Shellfish resources In proximity to the project area. Estuarine Gmergenr Wellands The SAFMC defines estuarine emergent wetlands as tidal wetlands in low -wave energy environments, where the salinity is greater than 0.5 parts per thousand (ppt) and total vegetation cover is greater than 80 percent (SAFMC, 1998). Salt and brackish marshes are types of wetlands occurring in shallow water lagoons located behind sand barrier islands in North Carolina. Estuarine marsh sediments are usually muddy with high organic matter content. Some of the most productive and valuable wetlands are coastal marshes (SAFMC, 1998). These tidal wetlands are 12 RECEIVED Received vea 112020 APR 17 2020 ®CM -EC DCM-MHD CITY A, Manteo (Shallowbag) Bay Maintenance Dredging Project APTIM Figure 3. SAV beds In proximity to Shallowbag Bay. Because the known SAV areas lie outside of the proposed dredging footprint within Ranges 1-5, the connector channel into the berth for the Elizabeth I1, or in proximity to the offloading site for dredged material, no direct impacts are anticipated. The temporary increase in turbidity could reduce light penetration and therefore impact SAV growth, however, the dredging activity will be limited by the environmental dredge window (April I through September 30). Therefore, dredging will not occur during the active SAV growing season. As such, SAV resources are not anticipated to be directly impacted by this proposed project. Oyster Reefs and Shell Ranks The SAFMC defines this habitat as the natural structures found between (intertidal) and beneath (subtidal) tide lines that are composed of oyster shell, live oysters and other organisms that are discrete, contiguous and clearly distinguishable from scattered oysters in marshes and mudflats and from wave -formed shell windows (SAFMC, 1998). Common terms used to describe shell bottom habitats in North Carolina are "oyster beds," ..oyster rocks," "oyster reefs, "oyster bars," and "shell hash." Shell hash is a mixture of sand or mud with gravel and/or unconsolidated broken shell (clam, oyster, scallop and/or other shellfish). Extensive intertidal oyster rocks occur in North Carolina's southern estuaries, where the lunar tidal ranges are higher. The SAFMC has designated oyster reefs as EFH for red drum (NMFS, 2010). The North Carolina Division of Marine Fisheries differentiates potential shellfish habitat by strata types. Designated strata types are classified based on characteristics of the habitat including subtidal or intertidal setting; soft, firm or hard sul ft6hi 11 RECEIVED ed N'o 112020 APR 17 Z020 DCM-EC DCM-MHD CITY B Y N ! .4I �„ uama 20 16 /vPAW w .WCY.MYavYV.Y.f.�.. � famiutm dWV [a,cn : Ewbs GYh P>�NNLIXW9 Caoi��lYvr'Y]Oib [Y.vau wvutltlpvY VLLE MWiryb�OYCN.bnfwl iwrYoln NJMV N�vYCY� /v YYv-CliYunlSYWa IAYY IAbYYlYLLW1YY.Yb11Y ieesxoi rbYepoa 0 YmcMnYx.rv.. Figure J. Shellfish resources in proximity to the project area. ,vrusy tirtiti FTlz t'A'E13M1I- o 'oo aFM AAPTIM''`:?.�t Received MAR 2 61010 DCM-EC RECEIVED APR 1 7 2020 0CM-MHD CITY A Manteo (Shallowbog) Bay Maintenance Dredging Project APTIM dominated by perennial erect, rooted, herbaceous hydrophytes (excluding mosses and lichens). Species such as salt marsh cordgrasses (Sparlina allerniflora and S. palens), glasswort (Salicomia sp.), salt grass (Distichlis spicala) needlerush (Jnncus roemerianus), and sea lavender (Limonitan carolinanian) are commonly found within these wetlands. These habitats are important for fish and invertebrate spawning and juvenile development (Street el al, 2005). Coastal marsh environments are located in the areas surrounding Shallowbag Bay (Figure 5). The dredging footprint or barge landing area do not contain any wetland habitat. An erosion and sediment control plan has been developed for this project and has been submitted to the Division of Energy, Mineral and Land Resources as part of their permitting application. Elements in the erosion and sediment control plan will limit potential impacts to the wetlands in proximity to the dredge disposal site at the Dare County Regional Airport. h Figure 5. Wetlands in proximity to the project area. d.? Habital Areas of1larlicular Concern °00 F.n 'AAPTIM Habitat Areas of Particular Concern (HAPC) are subsets of designated EFH and are defined as rare, particularly susceptible to human -induced degradation, especially ecologically important or located in an environmentally stressed area. The SAFMC and the MAFMC have designated HAPC areas to focus conservation priorities on specific habitat areas that play a particularly important IN DECEIVED 17 2020 Received 09 11 1C29 DCM-EC 1I,M-MHD CITY w tY•Cflll'i ,'. ..�_f � r • eel 1, I�y�j� f1EiiY4'�111 F.Vi)ai�l."jJ 1 L.tl ff fJl!'a�..ia 4T . • tltlE. E.N.nd. 1. 1011EryaW nlp.ry Povdw fMn..If.Mry30141 Y!<W..NCKW 0 oar. Ca,M �.�N Cw.ws.mr.e CPrmurnn lYy. a. vr.wE ou P.Pwnso a Pcocu ]EYr�ue�.P�'.0 NM.IISECE OMruDClWnmfl� 1.'�e<S. itlrWen Maen i MYXr0. paRl.M v.niM Gl Epmnii V.meYe ortep.uu FNWnM Sf/M'iNi4 rtNr.nuEb HOMY`flpaNC Puri � CPNvaP�IXuyq fink Rmfltl INYMOI TWI EpaN Su'➢'tlee NVll' 0 4DC 8W A F xAPTIM Figure S. Wetlands in proximity to the project area. Received MAR 2 6 2u20 DCM-EC w�FCEIVED APR 1 7 2020 DCM-MHD CITY A APTIM Manteo (Shollowbag) Bay Maintenance Dredging Project role in the life cycles of federally managed fish species. HAPC may include high value intertidal and estuarine habitats, offshore areas of high habitat value or vertical relief and habitats used for migration, spawning and rearing of fish and shellfish (NMFS, 2004). Areas identified as HAPC by the NMFS and the FMCs in the South Atlantic and North Carolina are presented in Table 3 below (NMFS, 2010). There are no designated HAPC identified within the project area. Table 3 Geographically defined HAPC identified In the FMP Amendments affecting the South Atlantic area (NMFS. 2010a). South Atlantic HAPC Project Area Habitat Council -Designated Artificial Reef Special Management Zones Not Applicable Hermat% pic Coral Habitat and Reefs Not Applicable Hard bottoms Not Present lloct Hi Not Applicable Sar assum I labilat Not Applicable Stale -Designated Areas of Importance to Managed Species Not Applicable Submerged Aquatic Vegetation Not Applicable North Carolina HAPC Project Area Habitat Big Rock Not Applicable Bo ue Sound Not Applicable Pamlico Sound at I faiterasttkracoke Inlets Not Applicable Capes Fear, Lookout & Hallems sandy shoals Not Applicable New River Not Applicable The Ten Fathom Led Not Applicable The Point Not Applicable 4.3 Nurset Areas NCDMF has designated three categories of nursery areas, Primary, Secondary and Special Secondary Nursery Areas. Primary Nursery Areas (PNAs) encompass approximately 80,000 acres throughout North Carolina. PNAs are typically shallow with soft muddy bottoms and surrounded by marshes and wetlands. They are found in the upper portions of bays and creeks, where the low salinity and abundance of food is ideal for young fish and shellfish. To protect juveniles, many commercial fishing activities are prohibited in these waters. Secondary Nursery Areas (SNAs) are located in the lower portion of bays and creeks. As juvenile fish and shellfish develop, primarily blue crabs and shrimp, they move into these waters. Trawling is prohibited in SNAs. Special SNAs are found adjacent to SNAs, but closer to the open waters of sounds and the ocean. These waters are closed for a majority of the year when juvenile species are abundant (Deaton et al., 2010). According to NC Division of Marine Fisheries (DMF), the project area includes PNA, Special Secondary Nursery Areas (SSNA) and Secondary Nursery Areas (SNA). The areas of PNA include Range I and the connector channel between Range I and the berth for the Elizabeth 11 at 14 DECEIVED Received Vol 11IM = 1 7 ZOZO i'u I,n-MHD CITY DCM-EC AManteo (Shallowbag) Bay Maintenance Dredging Project APTIM Festival Park. The western portion of Shallowbag Bay, also known as "Inner Shallowbag Bay" has been designated as a permanent SNA which includes the area in proximity to the offloading area that may be dredged to -5' MLLW should the existing depths preclude navigation for the barge during construction. The eastern portion of Shallowbag Bay ("Outer Shallowbag Bay") has been designated as an SSNA (Figure 6). Figure 6. Primary and secondary nursery areas in proximity to the project area. Dredging has occurred multiple times within Range 1-5 in the past. The area within Range I is designated as PNA While Ranges 2-4 are considered SSNA and SNA. As stated in Section I, the USACE had been responsible for the maintenance dredging within Ranges 1-5 prior to 1981, Since that time, the State of North Carolina continued to maintain this stretch of the federal project periodically. Specifically, the State has performed maintenance dredging within Ranges 1-4 of the Shallowbag Bay project six times since 1985. Five of these events were conducted with private contract dredges and one time with the State's Ferry Division plant. The amount of material removed during each of these six events ranged from 8,000 cy to 276,000 cy (Moffatt & Nichol, 2005). Dredging has also previously been performed within the connector channel between Range I and the berth for the Elizabeth 11 which is designated as PNA. The captain of the Elizabeth I1, Robbie Putnum, has stated that the area was dredged sometime between 1982 and 1984 corresponding to the time period when the ship was first brought to the site. Captain Putnam also recalled a dredging j5 RECEIVED Received P ,Q 1 7 2020 w,la 112c"I ;AGM-MHD CITY D M-EC j asu: E/P.Pe: 1 e�ypmnuPryr>ro4 Cuban lhui'W ]Or91 N�nMy /.A// ]xuMry]w� MCOGI NUHm Grrrui6nep. nnn NrrunMu� Ql4nP[�O'rM P/q.. h.n�w.4amarr Noun/+. uuc m EpoW.at/IIS.CE )wMw/ww NY4y1w�OfMYb /nnfM Cl E4Yrlrli h+nM6uy.].ru N 4nj.rympv. �vu.. /.nu .MbxoOb NOM�P.Vo1b Wn �Cuuunm Prxlpry Cubor LAVIIw WNI MLLWINIWrabM IW]1U1lYY1E1vM. Figure (i. Primary and secondary nursery areas in proximity to the project area. \� :nra+9f4L> SACLi - u � s Received MAR 2 G 2020 DCM-EC RECEIVED APR 1 7 2020 i)CM4HI) CITY AManteo (Shallowbag) Bay Maintenance Dredging Project APTIM event in this area occurring in the late 1990's or early 2000's (R. Putman, 2019, personal communication). A CAMA Major permit (#83-82), issued on June 15, 1983 issued to the NC Department of Transportation authorized this dredging work. The same dredging footprint in proximity to the berth of the Elizabeth 11, as depicted in Permit #83-82, is included in this proposed action. SSNA and SNA typically have high abundances of post -larval and sub -adult fishes and crustaceans and while PNA provides habitat for high abundances of larval and post -larval individuals. In an attempt to minimize project -related impacts to these resources, this project will abide by the April 1 to September 30 fisheries moratorium. 4.4 Significant Natural Heritage Areas The North Carolina Natural Heritage Program (NCNHP) serves as an information clearinghouse in support of conservation of the rarest and most outstanding elements of natural diversity in the State. These elements of natural diversity include plants and animals that are so rare or natural communities that are so significant that they merit special consideration in land -use decisions. A total of 34 natural areas are recognized in Dare County. Of these, two are in proximity to Shallowbag Bay and Manteo including the Fort Raleigh Maritime Forest, the Mother Vineyard Natural Area, West Roanoke Island Marshes, and the Roanoke Island Juncus Marshes. Fort Raleigh Maritime Forest The Fort Raleigh Maritime Forest is a stunted forest of live oaks, maples, and pines that is unique to the harsh conditions of the North Carolina coast. This site is home to a reconstruction of the early English settlement that creates a living history through buildings and a maritime landscape. It also houses the outdoor theater performances of the Lost Colony. This area is designated as the Fort Raleigh National Historic Site and is managed under the National Park Service. It is located on the north end of Roanoke Island, outside of Manteo's planning jurisdiction (Community Development by Design, 2007). Mother Vineyard Natural Area Mother Vineyard Natural Area, a SNHA of local significance, is State-owned land managed by the North Carolina Wildlife Resource Commission. It is located just north of Manteo, outside the town boundaries. This area is also called the Roanoke Island Festival Park, DNP, although it is adjacent to, not overlapping with, the historic site of Festival Park and Elizabeth H (Community Development by Design, 2007). Due to the proximity of these locations to the proposed project area, neither of these natural areas will be impacted by the proposed project. 4.5 7hreatened and Endangered Species Received 16 DECEIVED u+011 Y21 APR 17 Z020 oMEC DCM-MHD CITY A Manteo (Shallowbag) Bay Maintenance Dredging Project APTIM The threatened and endangered (T&E) species under consideration were identified through consultation with the National Marine Fisheries Service (NMFS) and the U.S. Fish and Wildlife Service (UFWS). Through this consultation, it was determined that the only species that could be present in the project area based upon their historic geographic range was the shortnose sturgeon, Atlantic sturgeon, and the West Indian Manatee. The actual occurrence of a species in the project area would depend upon the availability of suitable habitat, the seasonality of occurrence, migratory habits and other factors. 4.5. i .Shorbmse Sturgeon The shortnose sturgeon (Acipenser bnevirosimin) was listed as endangered on March 11, 1967 under the Endangered Species Preservation Act of 1966 (a predecessor to the Endangered Species Act of 1973). NMFS later assumed jurisdiction for shortnose sturgeon under a 1974 government reorganization plan (38 FR 41370). The shortnose sturgeon is the smallest of the three sturgeon species that are found in eastern North America, rarely exceeding a length of 4.7 ft and a weight of 50.7 pounds (NMFS, 2019a). Shortnose sturgeons are bottom feeders, typically feeding on crustaceans, insect larvae, worms, mollusks and some plants (NMFS, 1998). They appear to feed either in freshwater riverine habitats or near the freshwater/saltwater interface. This species is anadromous, primarily utilizing riverine and estuarine habitats, migrating between freshwater and meschaline river reaches. Spawning occurs in upper, freshwater areas, typically in January and February while feeding and overwintering activities may occur in both fresh and saline habitats. Aside from seasonal migrations to estuarine waters, this species rarely occurs in the marine environment (NMFS, 1998; Keiffer and Kynard, 1993). Historically, shortnose sturgeon were found in the coastal rivers along the East Coast of North America —from the Saint John River in New Brunswick, Canada, to the St. Johns River in Florida, and perhaps as far south as the Indian River in Florida. Currently, shortnose sturgeon can be found in 41 bays and rivers along the East Coast, but their distribution across this range is broken up, with a large gap of about 250 miles separating the northern and mid -Atlantic metapopulations from the southern metapopulation. Because of this distance between the shormose sturgeon in mid-Atlantic/northem metapopulations and the southern metapopulation, adults from the two areas may never meet to breed. In the southern metapopulation, shormose sturgeon are currently found in the Great Pee Dee, Waccamaw, Edisto, Cooper, Santee, Altamaha, Ogeechee, and Savannah rivers. They may also be found in the Black, Sampit, Ashley, Roanoke, and Cape Fear rivers, as well as Albemarle Sound and Pamlico Sound. Shortnose sturgeon used to be considered extinct in the Satilla, St. Marys, and the St. Johns rivers, but were recently found again in both the Satilla and St. Marys rivers. There are accounts of shormose sturgeons occurring in the Atlantic Ocean offshore of North Carolina (Holland and Yelverton, 1973; Dadswell et al., 1984), however, these records are not well substantiated and there is speculation as to whether they were misidentified juvenile Atlantic sturgeon (Shortnose Sturgeon Status Review Team, 2010). Those shortnose sturgeP 17 eceived RECEIVED u' � 1 1 2021 APR 17 2020 D M-EC DCM-MHD CITY / Manteo (Shallowbag) Bay Maintenance Dredging Project APTIM captured in the ocean are usually taken close to shore, in low salinity environments; there are no records of shortnose sturgeon in the NMFS database for the northeast offshore bottom trawl survey (NMFS, 1998). The historical presence of sturgeon in Albemarle Sound and tributaries was reviewed by Armstrong and Hightower (2002). Most historic commercial sturgeon landings records were from Albemarle Sound, but given that sturgeon species were not differentiated (Moser et al. 1998), it cannot be determined if they were shortnose or Atlantic sturgeon. There are no historic reports of shortnose sturgeon from the open sound. There are only two documented records of shortnose sturgeon in the Albemarle Sound watershed, both from within tributaries of Albemarle Sound: 1) a juvenile specimen was collected in 1881 (Vladykov and Greeley, 1963) from Salmon Creek an adult was collected in 1998 (Armstrong, 1999; Oakley and Hightower, 2007) from western Batchelor Bay near the mouth of the Roanoke River. No shortnose sturgeon have been definitively documented in Albemarle Sound or its tributaries since 1998. When Moser et al. (1998) surveyed commercial fishermen to determine whether they had captured shortnose sturgeon in NC waters, shortnose sturgeon were reported as occasional captures in pound and gill nets in Bachelor's Bay at the mouth of the Roanoke River, and in gill nets set in the North River Due to the paucity of shortnose sturgeon in Shallowbag Bay and the fact that the project is not located within shortnose sturgeon critical habitat, no impacts to the species is anticipated as a results of the proposed action. 4.5.2 Atlantic Sturgeon In 2009, the Natural Resources Defense Council (NRDC) petitioned NMFS to list the Atlantic sturgeon (Acipenser oxyrinchus) under the Endangered Species Act of 1973 (ESA). As a result of the petition, four Distinct Population Segments were listed as endangered on February 6, 2012, including the South Atlantic DPS, the Carolina DPS, the Chesapeake Bay DPS and the New York Bight DPS. The project area falls within the range of the Carolina DPS. Atlantic sturgeon are similar in appearance to shortnose sturgeon (Acipenser brevirostnan), but can be distinguished by their larger size, smaller mouth, different snout shape and scutes (NMFS, 2019b). The Atlantic sturgeon is a long-lived, estuarine dependent, anadromous fish. They are benthic feeders and typically forage on invertebrates including crustaceans, worms and mollusks. Atlantic sturgeon can grow to approximately 14 feet long and can weigh up to 800 pounds (NMFS, 2019b). They are bluish -black or olive brown dorsally (on their back) with paler sides and a white belly. Adults range from St. Croix, ME south to the St. Johns River in Florida (NMFS, 2019b). These fish undergo seasonal migrations to and from freshwater, but spend much of their adult life in the marine environment for growth (Stein et al., 2004; Atlantic Sturgeon Status Review Team, 2007). Atlantic sturgeons are found offshore primarily during the fall to spring months of approximately October to March. However, different life stages will utilize the marine environment during the summer as well. Although Atlantic sturgeons spawn repeatedly, they do not necessarily spawn every year (Smith and Clugston, 1997). During non -spawning years, adults may utilize marine RECEIVED 18 APR 1 7 2020 i3CM-MHD CITY Received tl "II2M DCM-EC A Manteo (Shallowbog) Bay Maintenance Dredging Project APTIM waters year-round (Bain, 1997). Spawning adults migrate upriver in spring, beginning in February to March in the south, April to May in the mid -Atlantic, and May to June in Canadian waters. In some areas, a small spawning migration may also occur in the fall. Spawning occurs in flowing water between the salt front and fall line of large rivers. Atlantic sturgeon spawning intervals range from one to five years for males and two to five years for females (NMFS, 2019b). Fallowing spawning, males may remain in the river or lower estuary until the fall while females typically exit the rivers within 4 to 6 weeks (NMFS, 2019b). Juveniles move downstream and inhabit brackish waters for a few months and when they reach a size of about 30 to 36 inches, they move into nearshore coastal waters (Smith, 1985). Tagging data indicates that these immature Atlantic sturgeons travel widely once they emigrate from their natal (birth) rivers. Sturgeons are distributed within areas that provide foraging opportunity. The narrow depth ranges and substrate types preferred by sturgeon correspond with bottom features that likely support depth -specific concentrations of prey (Stein et al., 2004; Kynard et al., 2000). Analysis of commercial fishery by -catch data suggests that, along the northeastern U.S., migratory sub -adults and adults show preference for shallow (33-164 ft) coastal areas dominated by gravel and sand substrate (Stein el al., 2004). Within the mid -Atlantic Bight (including coastal North Carolina), sturgeon may prefer even shallower depths (82 ft or less). Coastal features, such as inlets and mouths of bays, support high concentrations of Atlantic sturgeon presumably due to the physical and biological features produced by outflow plumes (Stein et al., 2004). The Atlantic sturgeon was historically abundant within Albemarle Sound and the Roanoke River in North Carolina, but declined dramatically in the late 1800's in response to intensive fishing. Recent evidence suggests that the population may be recovering following a statewide prohibition on harvest in 1991. A recruitment index generally increased from 1992 through 2001 (Armstrong and Hightower, 2002). Bycatch mortality because of commercial gill -netting in Albemarle Sound could affect recovery. Telemetry and netting data indicate that juvenile Atlantic sturgeon in the sound are most abundant in shallow nearshore areas where commercial gill -netting is concentrated (Armstrong and Hightower, 2002). The bycatch data for the years of 2004-2006, 2008, and 2013-2016 show that 57 Atlantic sturgeon were caught in the Albemarle Sound (Hoos et al., 2019). These observations, however, were from the western portion of the Sound without any observations in proximity to the eastern portion of Albemarle Sound or Shallowbag Bay. Encounters with the dredge in or near the dredge site would be most likely to occur in the winter and spring, after spawning and the migrations to feeding areas in downstream estuarine waters (NMFS, 1999). These individuals will be larger than 45 cm in length, which is too large to become entrained by the clamshell bucket dredge. Furthermore, because of their mobility, it is presumed these individuals would be capable of avoiding and out -maneuvering the slow -moving dredges, greatly reducing any chances of collision or interaction. For these reasons, it is determined that the potential impacts to shormose and Atlantic sturgeon are insignificant and extremely unlikely, and therefore the project activities may affect, but are not likely to, adversely affect shormose sturgeon. 19 RECEIVED Received "" 1120 17 2020 DCM-EC 0CM-1101HD CITY A APTIM 4.5. 3 West Inchon Manatee Manteo (Shallowbag) Bay Maintenance Dredging Project The West Indian manatee is listed as a federally protected species under the Endangered Species Act of 1973 (ESA) and the Marine Mammal Protection Act of 1972 (MMPA). An adult manatee is, on average, 10 ft. (3 m) long, weighs approximately 2,200 lbs. and is typically referred to as the "sea cow." The coloring of the manatee is grayish brown, which contributes to the difficulty in detecting manatees in silt -laden waters. This mammal can be found in shallow waters (5-20 ft [1.5- 6.1 m]) of varying salinity levels including coastal bays, lagoons, estuaries and inland river systems. Manatees primarily feed on aquatic vegetation, but can be found feeding on fish, consuming between four and nine percent of their body weight in a single day (USFWS, 2019). Sheltered areas such as bays, sounds, coves and canals are important areas for resting, feeding and reproductive activities (Humphrey, 1992). The West Indian manatee occupies the coastal, estuarine and some riverine habitats along the western Atlantic Ocean from Virginia to the Florida Keys, in the Gulf of Mexico, the Caribbean Islands, Mexico, Central America and northern South America (Garcia -Rodriguez et al., 1998; USFWS, 2014). The West Indian manatee (Trichechus manams) includes two subspecies, the Florida manatee (T. in. latirostris) and the Antillean manatee (T. in. manams). Within U.S. waters, the Florida manatee can be found throughout the southeastern U.S., including North Carolina, while the Antillean manatee is found in Puerto Rico and the Virgin Islands (Lefebvre et al., 2001). As the Antillean manatee does not occur within the southeastern U.S., this biological assessment will only evaluate the Florida manatee population. Occurrence throughout the southeastern U.S. changes seasonally, as the manatees seek out warmer water temperatures. During the winter months (October through April), the entire U.S. population typically moves to the waters surrounding Florida (Humphrey, 1992). The greatest threat and cause of mortality for manatees is boat collisions. Other dangers to the species include entanglement in fishing lines, entrapment and entanglement in locks, dams and culverts, loss of warm -water refuge areas, and exposure to cold. Long-term and cumulative impacts are associated with a loss of aquatic vegetated habitat and blocking of estuarine and riverine systems (Runge el al., 2007). Sightings and stranding data suggest the Florida manatee occurs within inland and coastal waters of North Carolina, and they have been sighted most frequently from June through October when water temperatures are warmest (above 710F [2rC]) (USFWS, 2003). Manatees may also overwinter in North Carolina where the discharge from power plants supports the warm water temperatures (USFWS, 2008). The USFWS has reported manatee sightings in the last 20 years in the counties of Beaufort, Bettie, Brunswick, Camden, Carteret, Chowan, Craven, Cuff ituck, Dare, Hyde, New Hanover, Onslow, Pamlico, Pasquotank, Pender, Perquimans, Pitt, Tyrrell and Washington. Cummings et al. (2014) documented 99 manatee sightings in North Carolina from 1991 to 2012, with 30 manatee sightings occurring in 2012 (note: the authors speculate that the large number of sightings in 2012 may be due to increased public awareness). Manatees arrived in North Carolina in April, and sightings were most common from June to October, when water 20 RECEIVED Received v4^ I 1 1c20 ^' J 7 2020 ACM -EC t"kh-MI•ID CITY A Manteo (Shallowbog) Bay Maintenance Dredging Project APTIM temperatures were above 20°C (68°F). Sightings declined with water temperature in November, and manatees appeared to be absent from the region from December through February (Cummings et al., 2014). Within northeastern North Carolina, sightings increased since 2011, which may be due to greater awareness and improved survey efforts (Cummings el al., 2014). The greatest number of manatee sightings occurred within the Intracoastal Waterway, sounds and bays, and rivers and creeks. Manatees were least commonly sighted in the open ocean and around marinas. The sightings and strandings reported within North Carolina from 1999 through 2012 show very few documented occurrences within the large sounds in northern North Carolina, including the Pamlico Sound. There was one manatee sighting and one stranding documented in the vicinity of Hatteras Inlet from 1991 through 2012. One of the major threats to the West Indian manatee in collisions with watercraft, which can result in serious injury or mortality. Manatees are present seasonally in North Carolina and are most commonly sighted in the Intercoastal Waterway or sounds and bays. There is also substantial submerged aquatic vegetation (SAV), a primary food source for manatees, within the Roanoke Sound and Shallowbag Bay. The number of manatees potentially occurring in the Project Area is not known with certainty but is presumed to be low with the greatest likelihood of occurrence during the warmer months, in particular June through October. It is therefore considered possible, but unlikely, that a manatee may be present in the Shallowbag Bay during the warmer months, particularly June through October. Because this project will abide by the April l to September 30 fisheries moratorium, manatee and vessel interactions will be significantly minimized. During construction or dredging, the contractor will adhere to the "Guidelines for Avoiding Impacts to the West Indian Manatee" (See Appendix F) developed by the USFWS for general construction activities in waters used by the species. Fulltime NMFS-certified protected species observers will be present on the barge to alert the dredge operator of any marine mammals, including manatees, in the area. In the event a manatee is spotted, the barge's captain will make proper maneuvers to avoid collisions or injury to the marine mammals. 4.6 Water Quality The waters of Shallowbag Bay and its surrounding waters are classified as SC by the North Carolina Department of Environmental Quality, Division of Water Resources (DWR) indicating that the waters are protected for fishing, secondary recreation, and any other usage except primary recreation or shellfishing for market purposes (Figure 7). Although the State does not currently maintain any water quality monitoring sites within the project area, the waters within the project area, including Doughs Creek and Shallowbag Bay, are all closed for the harvesting of shellfish as per the North Carolina Division of Marine Fisheries (DMF). The primary reason for the shellfish closure around Shallowbag Bay is to serve as a buffer around the Manteo Wastewater Treatment Plant (WWTP) discharge which is located approximately 3,400 feet offshore in Shallowbag Bay. The WWTP has a history of exceeding its permit limits for fecal coliform, petroleum, and ammonia levels in its effluent. In 2005 and 2006, there were two Notice 21 RECEIVED Received U.1,9 11202.1 CPR 1 7 ZOZO 0CM-MHD CITY DCM-EC AManteo (Shallowbag) Bay Maintenance Dredging Project APTIM of Violations issued against MWWTP and 9 Permit Enforcement penalties issued against the plant. Although no water quality data is actively being collected by the State to determine the current conditions, the shellfish closure will remain unless the discharge is removed (A. Haines, 2019, personal communication). 22 Received RECEIVED WAQ 112U2•l 4PR a 7 2020 DCM-EC JCM-MHD CITY A Manteo (Shallowbag) Bay Maintenance Dredging Project APTIM ShWish GProhibited Amos Amos ,• m� Buunea,y —'�MYes s F H- , t' , i , Vi i , Figure 7. Shellfish hars esling closures in Shallowbag Bap, Scarboro Creek, D,mghs Creel:, and surrowuling MAN. Bucket and barge dredging operations such as what is being proposed for this project has the potential to impact to water quality due to increases of turbidity and the resuspension of 23 Received RECEIVED U3`7 11 201] vDR t 7 2020 UCM-MHD CITY DCM-EC A® Manteo (Shallowbag) Bay Maintenance Dredging Project APTIM contaminated sediments (Montgomery, 1984). Sediment resuspension characteristics of selected dredges and operational techniques have been evaluated by Raymond (1983). The bucket dredge consists of various types of buckets operated from a crane or derrick mounted on a barge or on land. The resuspension of sediments during bucket dredging is caused primarily by the impact, penetration, and withdrawal of the bucket from the bottom sediments. Secondary causes are loss of material from the bucket as it is pulled through the water spillage of turbid water from the top and through the jaws of the bucket as it breaks the surface, and inadvertent spillage while dumping. In addition, sediment resuspension may also result from other activities directly associated with dredging (e.g. spillage, prop wash from tugs and attendant vessels, spuds, dredge movement, and anchoring systems). Limited field measurements on sediment resuspension caused by bucket dredges showed that the maximum suspended sediment concentration in the immediate vicinity of the dredging operation was less than 500 mg/I and decreased rapidly with distance from the operation due to settling and mixing effects (Raymond, 1983). The major source of turbidity in the lower water column is sediment resuspended at the impact point of the clamshell. The resuspension of sediments during dredging operations pose a variety of water quality and ecological concerns. The visible contiguous turbidity plume in the immediate vicinity of the dredging operation could influence the behavior of fish and other receptors sufficiently mobile to avoid the plume and potentially impact the health of less mobile aquatic vertebrates and invertebrates. Resettling of suspended particulates could also impact bottom -dwelling organisms. When sediment resuspension occurs as a result of dredging activity, larger particles rapidly settle out; however, the finer sediments will remain suspended for longer periods, or even indefinitely in turbulent water (Adriaanse and Coosen, 1991). Suspended particles may interfere with the biological functions of some organisms such as feeding, respiration, reproduction and potentially cause predator avoidance. High turbidity and silt loads can have detrimental impacts to filter feeding organisms associated with nearshore benthic communities including amphipods, isopods, decapods, polychaetes, mollusks and others. The conditions of diminished light penetration can detrimentally affect the photosynthetic activity of phytoplankton, the primary producers of energy production. As stated above, the Manteo Waste Water Treatment Plant discharges it's treated effluent in Shallowbag Bay and has had a history of regulatory issues. As such, the sediments within Shallowbag Bay may contain contaminants which, upon disturbance during dredging activities, may become resuspended in the water column. The particulate -associated contaminants can repartition, thereby increasing dissolved contaminant concentrations in the water column which could be detrimental as plants and animals residing in proximity of the project area could uptake contaminants following disposal operations (Bridges et al., 2008). Investigations by Fulk, Gruber, and Wullschleger (1975) showed that, for suspended solids concentrations of less than 100 g/l, the amount of pesticides and PCBs that are dissolved or desorbed into the water column from the resuspended sediment is negligible. They determined that contaminants were basically transferred to the water column attached to solids. They also reported that the reduction of 24 RECEIVED Received 11k° 11 2021) APR 1 7 2020 DCM-MHD CITY DCM-EC At Manteo (Shallowbag) Bay Maintenance Dredging Project APTIM suspended solids concentration due to settling resulted in a decrease in contaminant concentrations. Metals, another possible contaminant within the sediments of Shallowbag Bay, are not necessarily fixed permanently by sediment, but may be recycled when they are resuspended during dredging operations via biological and chemical agents both within the sedimentary compartment and the water column. In aquatic systems, heavy metals are accumulated in sediments that can release from loosely bound fractions during dredging and disposal operations (Berenjkar et al., 2019). Availability of contaminant in the water column is greatly affected by the physical characteristics of the suspended sediments including particle size, distribution, total organic carbon, and mineral composition (Bridges et al., 2008). As described in the Sediment Analysis Report (Appendix D), the material to be dredged, as determined from recently obtained vibracores, can be described as four predominant types of sediments. The first type of sediment consisted of sand (SW) that was light olive brown (2.5Y-5/6) in color with 0.95 percent fines. The second type of sediment consisted of silty sand (SM) that was dark olive gray in color with 30.51 percent fines. The third type consisted of clayey silt (ML-CL) with pockets of fine to silty sand, mottled black in color (5Y-2.5/1) with 69.42 percent fines. The fourth type, the most prevalent type observed, consisted of clay (CL) was black in color (5Y-2.5/1) with 95.55 percent fines. The solubility, mobility, and bioavailability of sediment -bound metals can be increased by four major factors: (I) Lowering of pH; (2) changing of redox conditions; (3) formation of organic complexes; and (4) increasing salinity. While the first two factors are particularly important for on -land deposition of dredged materials, the effect of salinity is particularly important for resuspended cadmium -rich sediments in estuaries. Chemical extraction studies, which were carried out under carefully controlled conditions on both fresh and freeze-dried samples, indicate that aeration of anoxic sediments (e.g., on -land disposal) may both increase and decrease the mobility of heavy metals. Transformation from sulfidic or carbonatic associations to oxidic phases will reduce mobility of manganese, whereas the respective changes from moderately reducible forms to carbonatic and easily reducible phases will enhance the reactivity of zinc during oxidation of dredged material (Forstner et al., 1996). With this information in mind, the potential spread of contaminants during dredging operations would primarily be associated with the resuspension of sediments, particularly clay -sized and organic particles, during dredging operations. Unlike cutterhead pipeline dredges or hopper dredge operations, the clamshell bucket dredge is anticipated to result in a minimal amount of resuspension of sediments. It has been demonstrated that elevated suspended solids concentrations are generally limited to the immediate vicinity of the dredge and dissipate rapidly at the completion of the operation (Montgomery, 1984). In areas such as Shallowbag Bay and Doughs Creek, where there is relatively little current, the potential for sediment transport is limited. However, in areas such as Roanoke Sound where current is stronger, more potential for sediment redistribution and water column turbidity is likely. Designated channels can limit disturbance to sediments by creating deeper channels by which boaters can navigate without stirring up sediments. In theory, deep, well -marked navigation channels reduce the amount of traffic over shallow areas. The potential 25 RECEIVED Received APR 17 zozo 112M OCM-NAND CrrY DCM-EC Al Manteo (Shallowbag) Bay Maintenance Dredging Project APTIM of sediment disturbance is much greater if there are no navigation channels are available for the public to use. Channels do exist now, however, and many sections of the channels are five feet deep during times of low water. It is during these times that prop wash could affect the sediments. Therefore, deepening and marking channels may actually decrease the possibility of daily turbidity in the water column (Quible & Associates, 2005). In addition, impacts associated with resuspension and turbidity will be minimized because the dredging activity will be limited to 30 September through I April which corresponds with times of lower biological productivity within the project area. 4.7 Cultural Resources Cultural resources, such as archaeological or historic artifacts and structures, exist along portions of the North Carolina coastline including along Roanoke Island and the submerged bottoms within Shallowbag Bay. The federal statutes associated with the protection of these important cultural resources include Section 106 of the National Historic Preservation Act of 1966, as amended (PL 89-665), the National Environmental Policy Act of 1969; the Archaeological Resources Protection Act of 1987; the Advisory Council on Historic Preservation Procedures for the Protection of Historic and Cultural Properties (36 CFR Part 800); and the Abandoned Shipwreck Act of 1987. Roanoke Island has received considerable attention by historians due to the location of an early settlement by the English (aka the Most Colony"). In 1594, English settlers constructed a fort and a village of dwellings on the north end of Roanoke Island This settlement, the first attempted English colony in the New World, was periodically inhabited until the late 1580's when it was found mysteriously abandoned. Today, the only indication of the settlement's existence is the archeological remains of a small fortification at the site of the Fort Raleigh National Park (Harrington, 1962). The waters of Shallowbag Bay, meanwhile, were historically extremely shallow and restricted navigation to small shallow draft vessels and had only a minimal amount of maritime activity (Wilde-Ramsing et al., 1983). However, in 1870, maritime activities in this area increased dramatically with the formation of present day Dare County and the selection of Manteo as the county seat. The town grew around the mouth of Doughs Creek (across from the current berth of the Elizabeth 1I) to accommodate both the functions of the county government and the growing commercial fishing industry (which had accelerated with the advent of refrigeration in the 1870s (Stick, 1970). During this time period a harbor was constructed at Manteo and a boat basin was dredged and maintained. In addition, a 6' channel was dredged to provide dependable access to the main shipping route in Roanoke Sound. The primary activity associated with this proposed project involves dredging within the footprint of the previously dredged federal navigation channel. Because the submerged land within the footprint has been repeatedly disturbed in the past, no impacts to cultural resources associated with future dredging within this area are anticipated. The proposed activity, however, also includes dredging outside of the federal navigation channel in an area that will serve to connect the berth of the Elizabeth 11 to Range I just south of Doughs Creek. 26 RECEIVED � 7 2020 3C'MJI-MHD CITY Received v+9 11 2P?9 DCM-EC Manteo (Shallowbog) Bay Maintenance Dredging Project APTIM In 1982, the Underwater Archaeology Branch (UAB) of the North Carolina Department of Cultural Resources (NC DCR) performed a magnetometer reconnaissance survey and diving assessment in an attempt to identify historically and/or archaeologically significant cultural materials within four areas in proximity to the proposed project. These areas include the bridge crossing spanning Doughs Creek from Manteo to Festival Park, the canal access channel in Doughs Creek, the berthing basin for the Elizabeth II and channel in Doughs Creek, and the canal access channel in Shallowbag Bay (Wilde-Ramsing et al., 1983). Initially, a systematic survey of these areas were performed using a proton procession magnetometer to isolate magnetic disturbances that could be generated by cultural material. Following the magnetometer survey, a diving and probing search was conducted on isoloated magnetic targets to determine the source. The findings of the survey supported the UAB's preliminary predication based on current Environmental Review Procedures that no cultural evidence would be encountered from a period of history prior to the development of Manteo in 1870. With the exception of the remains of a sunken vessel located to the south of the Elizabeth B's birth (Underwater Site #0001ROS), all magnetic disturbances identified during the survey were attributed to cultural debris of recent origin (20' Century) and were determined historically and archaeologically insignificant (Wilde-Ramsing et al, 1983). The sunken vessel, recovered in the 1980's, was determined to be 24' shad boat fastened with iron nails and propelled by an internal combustion engine that showed signs of extensive burning. The vessel was recovered in the 1980's. According to the NCDCR, the entire area that may warrant dredging in proximity to the Elizabeth II's berth was cleared for cultural resources concerns (N. Henry, 2019 personal communication). Therefore, the dredging within the footprint of the proposed new channel connecting the berth of the Elizabeth II to Range I will not impact any cultural resources. Another underwater investigation of magnetic anomalies within the project area was performed in 2007 by the Institute for International Maritime Research, Inc. The results of this shallow water survey and anomaly identification at Roanoke Island provided little new insight into the nature of material generating magnetic anomalies in both Roanoke Sound and Shallowbag Bay primarily due to challenging weather conditions that hampered the effort. Several anomalies were identified, however, they were identified as insignificant materials (Watts, 2008). The report, however, include a figure that depicted a large number of anomalies that were previously identified in an earlier magnetometer survey which have not been investigated further (Watts, personal comm. 2019) (Figure 8). Received 27 RECEIVED pig 112121 APR 17 2020 DCM-EC +1GM-NIHD CITY / Manteo (Shallowbag) Bay Maintenance Dredging Project APTIM Grid. Slate Plane NAD 83 1 EPipsoid. WGS 84 1 Zane: NC3200 NORT... 1, Dat UnI. US Su.. c�^•v fin. A &A .a n u AI A Figure 8. Anomalies Identified during the 2006 Shallmrhag Bar magnetic remote sensing inrestiRation (Watts, 2008). 4.8 Recreational Resources Unlike other harbors along the Outer Banks, Shallowbag Bay is typically protected from the brunt of passing hurricanes as it is sheltered by the barrier islands located just a couple miles away. In addition, it is bordered by the north and south facing shorelines of Roanoke Island giving the bay cove -like characteristics. This geography means that while there might be a strong wind affecting the oceanside and soundside beaches, the waters within Shallowbag Bay remain generally calm, and is therefore ideal for recreational boaters. The area is commonly used by 28 RECEIVED Received of 11 1QMl APR 17 2020 �tM-MHD Ci '.� DCM-EC A Manteo (Shallowbag) Bay Maintenance Dredging Project APTIM recreational boaters including motor boats, sailboats, and unmotorized vessels such as canoes and kayaks. Many of these boats utilized private docks located around the bay's borders while others utilize the three public boat ramp at Manteo for access to the water. Shallowbag Bay is proximate to the waters of Roanoke Sound and is not far from ocean access through Oregon Inlet approximately 12 miles to the south. The implementation of the proposed project is anticipated to positively impact recreational resource opportunities due to the improved navigability within Shallowbag Bay and the berth of the Elizabeth 1I. 4.9 .Socioeconomic Resources Maintaining navigation through Shallowbag Bay is important to the local economy of the Town of Manteo and Dare County. Recreational and commercial boats utilize the bay as a conduit to Roanoke Sound and Oregon Inlet where they can access the Atlantic Ocean for fishing, SCUBA diving, and other recreational activities. Many of these boats are kept at one of the several marinas including the 75-slip Shallowbag Bay Marina and the 53-slip Manteo Waterfront Marina. Transient mariners who access the Town of Manteo through Shallowbag Bay utilize these marinas for overnight visits. These tourists visit Manteo's attractions, restaurants and, shops bringing in revenue to the local economy. Dockmaster Carl Jordan stated in 2018 that typically about 90 boars dock in the summer at the harbor per month. In 2017 only 60 boats entered the harbor (Hampton, 2018). Along with recreational vessels that rely on navigating through Shallowbag Bay to access the marinas along Manteo's waterfront, the Elizabeth lI relies on safe passage through the bay so it can access haul out locations for maintenance and repairs. The Elizabeth II, a wooden vessel that was built in 1983 to represent the 16th Century ships that sailed to Roanoke Island in 1584-1587, is supposed to be hauled out every winter at the state ferry facility in Manns Harbor for repairs and maintenance (Hampton, 2018). But shoaling at the intersection of the Roanoke Sound and Shallowbag Bay has prevented the $670,000 ship from leaving its dock for several years and there is concern that she could significantly deteriorate. Should the boat become unusable as an educational tool at Festival Park, revenues associated with admission fees and tourism would be lost. The implementation of the proposed project is anticipated to positively impact socioeconomic resource opportunities due to the improved navigability within Shallowbag Bay for recreational and commercial vessels including the Elizabeth II. 5.0 Literature Cited Adriannse, L.A. and J. Coosen. 1991. Beach and Dune Nourishment and Environmental Aspects. Coastal Engineering 16:129-146. Armstrong, J.L. 1999. Movement, habitat selection and growth of early juvenile Atlantic sturgeon in Albemarle Sound, North Carolina. M.S. Thesis, North Carolina State University, Raleigh. 87 pp. 29 RECEIVED Received ;PR 17 2020 DCM-EC 0CM-MHD CITY A APTIM Manteo (Shallowbag) Bay Maintenance Dredging Project Armstrong, J.L., and J.E. Hightower. 2002. Potential for restoration of the Roanoke River population of Atlantic sturgeon. Applied Ichthyology 18:475480. ASMFC. 2016. Atlantic States Marine Fisheries Commission- Submerged Aquatic Vegetation. Online at: hnp://www.asmfc.orWhabitat/hot-topics#$AV. Accessed: November 2, 2018. Atlantic Sturgeon Status Review Team. 2007. Status Review of Atlantic sturgeon (Acipenser oxlrinchus oxyrinchus). Report to National Marine Fisheries Service, Northeast Regional Office. February 23, 2007. 174 pp. Bain, M. B. 1997. Atlantic and shormose sturgeons of the Hudson River: Common and divergent life history attributes. Environmental Biology of Fishes 48(1-4): 347-358. Berenjkar, P., Saeedi, M., and Yuan, Q. 2019. Assessment of heavy metal release from dredged materials for different disposal scenarios: Study of Anzali international wetland, Iran. Process Safety and Environmental Protection. Vol. 132. Pages 94-104. Bridges, TS., Ells, SE., Hayes, D., Mount, D., Nadeau, S.C., Palermo, M.R., Patmont, C., and Schroder, P. 2008. The Four Rs of Environmental Dredging: Resuspension, Release, Residual, and Risk. United States Army Corps of Engineers. Environmental Laboratory. ERDC/EL TR- 08-4 Community Development by Design. 2007. CAMA Land Use Plan Update CAMA Land Use Plan Update for the Town of Manteo, North Carolina. 172pp. Cummings, E.W., D.A Pabts, J.E. Blum, S.G. Barco, S.1. Davis, V.G. Thayer, N. Adimey, and W.A. McLellan. 2014. Spatial and Temporal Patterns fo habitat use and mortality of the Florida manatee (Ttichechus manants latirosttis) in the Mid -Atlantic States of North Carolina and Virginia from 1991 — 2012. Aquatic mammals 40(2): 126-139. Dadswell, M. J., B. D. Taubert, T. S. Squiers, D. Marchette, and J. Buckley. 1984. Synopsis of biological data on shormose sturgeon, Acipenrer brevirosbnon LeSueur 1818. NOAA Technical Report NMFS 14 and FAO (Food and Agriculture Organization of the United Nations) Fisheries Synopsis 140. Deaton, A.S., W.S. Chappell, K. Hart, J. O'Neal, and B. Boutin. 2010. North Carolina Coastal Habitat Protection Plan. North Carolina Department of Environment and Natural Resources. Division of Marine Fisheries, Morehead City, NC. 639 pp. F6rstner U., Ahlf W., Calmano W., Kersten M., Salomons W. (1986) Mobility of Heavy Metals in Dredged Harbor Sediments. In: Sly P.G. (eds) Sediments and Water Interactions. Springer, New York, NY 30 RECEIVED Received use 11 MI) APR 17 2020 DCM-MHD CITY DCM-EC Manteo (Shallowbag) Boy Maintenance Dredging Project APTIM Fulk, R., D., Gruber, R., Wullschleger. 1975. Laboratory study of the release of pesticides and PCB materials to the water column during dredging operations. Contract Re. D-75-6. United States Army Corps of Engineers. Waterways Ex. Sta., Vicksburg, Miss. Garcia -Rodriguez, A.I.; Bowen, B.W.; Domning, D.; Mignucci-Giannoni, A.A.; Marmontel, M.; Montoya-Ospina, R.A.; Morales -Vela, B.; Rudin, M.; Bonde, R.K., and Mcguire, P.M. (1998). Phylogeography of the West Indian manatee (Trichechus manalns): how many populations and how many taxa? Molecular Ecology 7(9), 1137-1149. Hampton, J. 2018, June 1. "Damaged Lost Colony replica ship, stuck in treacherous harbor, will be saved". The Virginian -Pilot. Holland, B.F., Jr. and G.F. Yelverton. 1973. Distribution and biological studies of anadromous fishes offshore North Carolina. North Carolina Department of Natural and Economic Resources, Division of Commercial and Sports Fisheries, Morehead City. Special Scientific Report 24:1- 132. Hoos, Liza A.; Buckel, Jeffrey A.; Boyd, Jacob B.; Loeffler, Michael S.; Lee, Laura M. 2019. Fisheries management in the face of uncertainty: Designing time -area closures that are effective under multiple spatial patterns of fishing effort displacement in an estuarine gill net fishery. Plos One. 14(I ): e0211103. Humphrey, S.R. 1992. Rare and Endangered Biota ofFlorvda, Volume 1. Mammals: I90-198 Keiffer, M.C. and B. Kynard. 1993. Annual movements of shormose and Atlantic sturgeons in the Merrimack River, Massachusetts. Transaclions of the American Fisheries Society 122(6): 1088- 1103. Kynard B., M. Horgan, M. Kieffer, and D. Seibel. 2000. Habitats used by shortnose sturgeon in two Massachusetts rivers. Transaction of the American Fisheries Society 129: 487-503. Lefebvre, L.W. M. Marmontel, J.P. Reid, G.B. Rathbun, and D.P. Domning. 2001. Status and biogeography of the West Indian manatee. Pages 425-474 in C.A. Woods and F.E. Sergile, Editors. Biogeography of the West Indies: Patterns and Perspectives. CRC Press, Boca Raton, FL. 582 pp. MAFMC (Mid -Atlantic Fisheries Management Council). 2019. Fishery Management Plans & Amendments. Online at: bZ://www.mafmc.org/fishery-management-plans. Accessed: July 7, 2019. Moffatt and Nichol, 2005. Final report on costs, benefits, and management issues related to Maintaining North Carolina's shallow draft navigation channels. 2011 pp. 31 RECEIVED APR 17 2020 Received W9I121.) DMEC IDCM-MHD CITY A APTIM Manteo (Shallowbag) Bay Maintenance Dredging Project Montgomery, Raymond L. 1984. Dredging and dredged material disposal techniques for contaminated sediments, Lake and Reservoir Management, 1:1, 586-591, DOI: 10.1080/07438148409354584 Moser, M.L., J.B. Bichy and S.B. Roberts. 1998. Sturgeon distribution in North Carolina. Center for Marine Science Research, Wilmington, North Carolina Final Report to U.S. Army Corps of Engineers, Wilmington District. 89 pp. NCDWQ, 2007. Pasquotank River Basinwide Water Quality Plan. Basinwide Planning Unit. Pp 251. NMFS (National Marine Fisheries Service). 1998. Recovery plan for the shortnose sturgeon (Acipenser brevirostruin). Prepared by the Shortnose Sturgeon Recovery Team for the National Marine Fisheries Service, Silver Spring, Maryland. 104 pages. NMFS (National Marine Fisheries Service). 2004. Endangered Species Act Section 7 Consultation on Dredging of Gulf of Mexico Navigation Channels and Sand Mining (`Borrow') Areas Using Hopper Dredges by COE Galveston, New Orleans, Mobile, and Jacksonville Districts (Consultation Number F/SER/2000/01287), 119 pp. NMFS (National Marine Fisheries Service). 2010. Essential fish habitat: A marine fish habitat conservation mandate for federal agencies. South Atlantic Region, National Marine Fisheries Service, St. Petersburg, FL. 14 pp. NMFS (National Marine Fisheries Service). 2019a. Shortnose sturgeon (Acipenser brevirosinun). Online at: https://www fisheries noaa gov/species/shortnose-sturgeon. Accessed: July 22, 2019. NMFS (National Marine Fisheries Service). 2018b. Atlantic Sturgeon (Acipenser oayrinchus oxyrinchus). Online at: https://www.fisheries.noaa.gov/species/atiantic-sturizeon. Accessed: July 22, 2019. Oakley, N.C. and J.E. Hightower. 2007. Status of shortnose sturgeon in the Neuse River, North Carolina. American Fisheries Society Symposium 56:273-284. Quible & Associates, PC. 2005. Essential Fish Habitat Assessment, Shallowbag Bay Side channel Dredge Project. Project Number 04161. 84pp. Raymond, G.L. 1983. Sediment resuspension characteristics of selected dredges. Draft Eng. Tech Letter. Office, Chief Engineering, Washington DC. SAFMC (South Atlantic Fishery Management Council). 1998. Final Habitat Plan for the South Atlantic Region: Essential Fish Habitat Requirements for Fishery Management Plans of the South 32 RECEIVED Received PAW? 11 ioza APR 17 2020 DGM_MHD ciTy DCM-EC A Manteo (Shallowbag) Bay Maintenance Dredging Project APTIM Atlantic Fishery Management Council. The Shrimp Fishery Management Plan, The Red Drum Fishery Management Plan, The Snapper Grouper Fishery Management Plan, The Coastal Migratory Pelagics Fishery Management Plan, The Golden Crab Fishery Management Plan, The Spiny Lobster Fishery Management Plan, The Coral, Coral Reefs, and Live/Hardbottom Habitat Fishery Management Plan, The Sargassum Habitat Fishery Management Plan, and The Calico Scallop Fishery Management Plan. Prepared by the South Atlantic Fishery Management Council, Charleston, South Carolina, October 1998. Shormose Sturgeon Status Review Team. 2010. Biological Assessment of Shormose Sturgeon Acipenserbrevirosrnna. Prepared for National Marine Fisheries Service National Oceanic and Atmospheric Administration. 532 pp. Smith, T. I. J. 1985. The fishery, biology and management of Atlantic sturgeon, Acipenser oxyrhynchus, in North America. Environmental Biology of Fishes 14(1): 61-72 Smith, T. I. and J. P. Clugston. 1997. Status and management of Atlantic sturgeon, Acipenser oxyrinchus, in North America. Environmental Biology of Fishes, 48(14): 335-346. Stein, A.B., K.D. Friedland, and M. Sutherland. 2004. Sturgeon marine distribution and habitat use along the northeast coast of the United States. Transactions of the American Fisheries Society 133:527-537. USFWS (U.S. Fish and Wildlife Service). 2003. Guidelines for Avoiding Impacts to the West Indian Manatee, Precautionary Measures For Construction Activities In North Carolina Waters, httu //www fws.aov/nc-es/mantmalimanatee auidelines.odf Last visited December 4, 2013. USFWS (U.S. Fish and Wildlife Service). 2008. West Indian manatee, (Trichechus otanarus). hops://www.fws.uov/endaneered/esa-librarvh)dfhnanatee odf. Last visited March 18, 2014. USFWS (U.S. Fish and Wildlife Service). 2014. West Indian manatee (Trichechus manalus) Florida .Stock. Online al: http://www.fws,-,ov/northtlorida,'iiianateQ/S.\[tti IR_ 1nu101606 Final SAR WIM FL Stock.udf Accessed May 30, 2014. USFWS (U.S. Fish and Wildlife Service). 2019. West Indian manatee Trichechus inanants. httos://www.fws.gov/southeast/wildlife/mammals/manatee/. (Last accessed 9/26/119). Vladykov, V.D. and J.R. Greeley. 1963. Order Acipenseroidei. Pages 24-60 in Fishes of the Western North Atlantic. Memoir Sears Foundation for Marine Research I (Part III). xxi + 630 pp 33 RECEIVED Received .APR 17 2020 V O 11 2C27 DCM-MHD CITY DCIVI-EC A Manteo (Shallowbag) Bay Maintenance Dredging Project APTIM Watts, G. 2008, 2007 Raleigh Colony Investigation: Magnetic Anomaly Identification & Assessment Roanoke Sound and Shallowbag Bay Roanoke Island, North Carolina. Report submitted to First Colony Foundation. 12pp. Wilde-Ramsing, Mark. 1983. A Cultural Resource Evaluation of Submerged Lands Affected by the 400'' Anniversary Celebration. Underwater Archeology Branch, NC Department of Cultural Resources. 37pp. 34 RECEIVED APR 17 2020 i)CNI-MHD CITY Received W� 11 2M DCM-EC MANTEO (SHALLOWAG) BAY MAINTENANCE DREGING PROJECT .appendix F: Guidelines for Avoiding Impacts to the West Indian Manatee RECEIVED APR 17 2020 Ir—M-MID CITY Received zz 10+9 11 2M APTIM Coastal I'lanning &. Engineering of North Carolina. Inc. DCM-EC United States Department of the Interior Received FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 Raleigh, North Caroline 27636-3726 DCM-EC GUIDELINES FOR AVOIDING IMPACTS TO THE WEST INDIAN MANATEE Precautionary Measures for Construction Activities in North Carolina Waters The West Indian manatee (Trichechus manatus), also known as the Florida manatee, is a Federally -listed endangered aquatic mammal protected under the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 at seq.) and the Marine Mammal Protection Act of 1972, as amended (16 U.S.0 1461 et seq.). The manatee is also listed as endangered under the North Carolina Endangered Species Act of 1987 (Article 25 of Chapter 113 of the General Statutes). The U.S. Fish and Wildlife Service (Service) is the lead Federal agency responsible for the protection and recovery of the West Indian manatee under the provisions of the Endangered Species Act. Adult manatees average 10 feet long and weigh about 2,200 pounds, although some individuals have been recorded at lengths greater than 13 feet and weighing as much as 3,500pounds. Manatees are commonly found in fresh, brackish, or marine water habitats, including shallow coastal bays, lagoons, estuaries, and inland rivers of varying salinity extremes. Manatees spend much of their time underwater or partly submerged, making them difficult to detect even in shallow water. While the manatee's principal stronghold in the United States is Florida, the species is considered a seasonal inhabitant of North Carolina with most occurrences reported from June through October. To protect manatees in North Carolina, the Service's Raleigh Field Office has prepared precautionary measures for general construction activities in waters used by the species. Implementation of these measure will allow in -water projects which do not require blasting to proceed without adverse impacts to manatees. In addition, inclusion of these guidelines as conservation measures in a Biological Assessment or Biological Evaluation, or as part of the determination of impacts on the manatee in an environmental document prepared pursuant to the National Environmental Policy Act, will expedite the Service's review of the document for the fulfillment of requirements under Section 7 of the Endangered Species Act. These measures include: 1. The project manager and/or contractor will inform all personnel associated with the project that manatees may be present in the project area, and the need to avoid any harm to these endangered mammals. The project manager will ensure that all construction personnel know the general appearance of the species and their habit of moving about completely or partially submerged in shallow water. All construction personnel will be informed that they are responsible for observing water -related activities for the presence of manatees. 2. The project manager and/or the contractor will advise all construction personnel IMEIVED APR 17 2020 OCM-MHD CITY there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act and the Endangered Species Act. 3. If a manatee is seen within 100 yards of the active construction and/or dredging operation or vessel movement, all appropriate precautions will be implemented to ensure protection of the manatee. These precautions will include the immediate shutdown of moving equipment if a manatee comes within 50 feet of the operational area of the equipment. Activities will not resume until the manatee has departed the project area on its own volition (i.e., it may not be herded or harassed from the area). 4. Any collision with and/or injury to a manatee will be reported immediately. The report must be made to the U.S. Fish and Wildlife Service (ph. 919.856.4520 ext. 16), the National Marine Fisheries Service (ph. 252.728.8762), and the North Carolina Wildlife Resources Commission (ph. 252.448.1546). 5. A sign will be posted in all vessels associated with the project where it is clearly visible to the vessel operator. The sign should state: CAUTION: The endangered manatee may occurin these waters during the warmer months, primarily from June through October. Idle speed is required if operating this vessel in shallow water during these months. All equipment must be shut down if a manatee comes within 50 feet of the vessel or operating equipment. A collision with and/or injury to the manatee must be reported immediately to the U.S. Fish and Wildlife Service (919-856-4520 ext. 16), the National Marine Fisheries Service (252.728.8762), and the North Carolina Wildlife Resources Commission (252.448.1546). 6. The contractor will maintain a log detailing sightings, collisions, and/or injuries to manatees during project activities. Upon completion of the action, the project manager will prepare a report which summarizes all information on manatees encountered and submit the report to the Service's Raleigh Field Office. 7. All vessels associated with the construction project will operate at "no wake/idle" speeds at all times while in water where the draft of the vessel provides less than a four foot clearance from the bottom. All vessels will follow routes of deep water whenever possible. 8. If siltation barriers must be placed in shallow water, these barriers will be: (a) made of material in which manatees cannot become entangled; (b) secured in a manner that they cannot break free and entangle manatees; and, (c) regularly monitored to ensure that manatees have not become entangled. Barriers will be placed in a manner to allow manatees entry to or exit from essential habitat. Prepared by (rev. 06/2003): U.S. Fish and wildlife Service Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 919/856-4520 Received M69I11010 %M-EGRECEIVED APR 17 2020 DCM-MHD CITY Figure 1. The whole body of the West Indian manatee may be visible in clear water; but in the dark and muddy waters of coastal North Carolina, one normally sees only a small part of the head when the manatee raises its nose to breathe. a Received MAP 1 1 7020 .rrj;. :y DCM-EC r M Illustration used with the permission of the North Carolina State Museum of Natural Sciences. Source: Clark, M. K. 1987. Endangered, Threatened, and Rare Fauna of North Carolina: Part I. A re-evaluation of the mammals. Occasional Papers of the North Carolina Biological Survey 1987- 3. North Carolina State Museum of Natural Sciences. Raleigh, INC. pp. 52. -DECEIVED '?R 17 2020 >aCM—WIHD CITY MANTEO (SHALLOWAG) BAY MAINTENANCE DREGING PROJECT Appendix G: Deeds Received map 1 12070 DCM-EC zs RECEIVED AFIIM Coastal Planning & Enginmring of North Carolina, Inc. APR 17 2020 DCM-MHD CITY Recorded: 09/02/2015 02:59.52 PM BY Toni Midgen Vanzolla McMwranSniln, R,"er of Deeds Dare County, NC O Fee Amr t:800 NC Exnse Tax 5000 �• rr �� BOOK 2044 PAGE 125II (8) . EC TT �nr H YTp1c � as tsE� COiIECTOR � IIIIIIIII � IR I�� d rn to Prepared 159%NC59 RobertB.Jr., Attorney Homthal, s& Maland, LLP 2502 S. Cry Nags Head Tax Parcel: Portions of 025105000 & 025251001 LT No. Excise Tax: Exempt G Transfer Tax: Exempt O NORTH CAROLINA DARECOUNTY THIS DEED OF EASE r is made This the.b 6. day of,(yy , 2015 by and between the DARE COUNTY, NO CAROLINA, PO Box 1000, Venice, NC 27954 ("Grantor') and the DARE COON RT AUTHORITY, PO Box 429, Manteo, NC 27954 (Graotce"). d WI IEREAS, Grantor is the owner o0 hat certain 34.4108 acre parcel of land described in that certain deed from Grentce to Grantor da(Fd - 5 2015, and recorded in Book -2044 , Page 1.)3 , Dare County Registry (th "); and mmll� WHEREAS, Grantee is the owner or tenarrcytf certain lands that adjoin Grantor's property on the South and on the Fast; and " WHEREAS, Grantee desires an avigation easement, a VOR clearance easement and an access easement upon and across the lands of Grantor, and Grantor has agreed to grant such casements. G NOW, THEREFORE, said Grantor for a valuable com lemtion the receipt and sufficiency of which is hereby acknowledged, does hereby gra^r�gain, sell and convey unto the Grantee, its successors and assigns, forthe use and benefit ofOU public, the following easements: RECEIVED NY" I APR 17 2020 p DCM-MHD CITY n� �N Received MAP 1 1 2020 DCM-EC Book 20" Page 125 1:5 O I. AVIGATION F,ASEMENT An easement and right-of-way (the "Avigation Easemcnf') appurtenant to the properties %fted and leased by the Grantee for the operation of the Dare County Regional Airport (the " orY"), for the unobstructed use and passage of all types of aircraft in and through the airspdee above the Grantor's Property above an imaginary plane rising and extending in a geoett-y> southwesterly direction over Grantor's Property, said imaginary plane naming from approxl; rwcly 52.1 feel Mean Sea Level above the line AB described on Exhibit A and rising uniformly the rate of 1 foot vertically for each 7 feet horizontally to approximately 110 feet Mean Sea vel at the line CD described on Exhibit A. and then extending horizontally at 110 feet Mean vel at line CD to the South and Southwest over the remainder of the Grantor's Property. viation Easement extends up or at an infinite height above the said imaginary plane. See also' xhibit 1 -- Avieation Easement Man;' attached hereto and made n pan of this instrument '(0 The Avigati}t rtxi Easement shall include all things which may be alleged to be incident to or resulting from the use and enjoyment of the Avigation Easement, including but not limited to the right to cause in all airspace above or in the vicinity of the surface of Grantor's Properly, such nuise, vibrations, furpC , deposits or other particulate matter, fuel particles (which are incidental to the normal oppuCryytion of said aircraft), fear, interference with sleep and communication and any and`(j other effects that may be alleged to he incident to or caused by the operation of aircraft over o firt the vicinity of Grantor's Property or in landing or taking off from, or operating at or on the A*urt. Grantor does fully waive, remise and release any right or cause of action which they may nVp; have or which they may have in the future against Grantee, its successors and assigns, due to s ci poise, vibrations, fumes, dust, fuel particles and all other effects that may be caused or may hXv^�jbeen caused by the operation of aircraft landing at, taking off from or operating on the A'l6oat. As used herein, the term "aircraft" II mean any and all types of aircraft, whether now in existence or hereafter manufactured andeloped, to include but not limited to jet aircraft, propeller driven aircraft, civil aircraft, milita>Qr9irerafi, commercial aircraft, helicopters and all types of aircraft or vehicles now in existence oO rcafter developed, regardless of existing or future noise levels, for the purpose of transportih�persons or property through the air, by whomever owned or operated. Grantor, by recordation of this Avigation Easement, restricts the future development of Grantor's Property such that the erection or growth upon Grantor's Pmpcny of any building, structure, tree or other object extending into the airspace above the aforesaid imaginary plane is prohibited. Prior to erecting any structure, Grantor shall cq*ly with the requirements of FAA Form 7460-1 Notice of Alteration or Construction (or its cur)nt form) or any successor provision of Federal law governing same. 0 Grantor ftrther grants to the Grantee the continuing righMP( prevent the erection or growth upon Grantor's Property by Grantor or Grantor's successoAR,rjr assigns, any building, structure, tree or other object, extending into the airspace above the saCresaid imaginary plane, RECEIVED APR 17 ZOZO DCM-MHD CITY Received vhr 1 1 7020 DCM-EC Book 2044 Page 126 and to remove from said airspace, arty such building, structure, tree or other objects now upon or O which, in the future, may be upon Grantor's Property, together with the right of ingress to, egress �om, and passage over Grantor's Property for the above purpose. Trees or other objects of ,u4tural growth above the aforesaid imaginary plane may be removed in their entirety or any pemon thereof as determined appropriate by the Grantee. ,e'The parties agree and acknowledge that the Federal Aviation Administration (the "FM") may Okttl to Grantor a written variance of this Avigation Easement. A copy of any request by Grantokfo the FAA for a variance shall simultaneously be sent by Grantor to Grantee for review and an op tty to provide comment. Upon Grantor's receipt of any written variance issued by the FA Grantor, (immor agrees to immediately provide a copy of such variance to Grantee. n % 2. VOR CLEARANCE EASEMENT Grantor fAlself, its successors and assigns, does hereby grant, bargain, sell and convey unto the Grantee, itsdccessors and assigns, for the use and benefit of the public. a VOR clearance easement (the "VOR F.asemeotI) appurtenant to properties owned and leased by the Grantee for the operation of the Airport, for the unobstructed opemlion of the Wright Brothers VOR. At minimum the V� .t Brothers VOR requires an arcs within a 1,000 foot radius of the VOR transmitter be maintayrgd free and clear of above ground structures, trees, shrubs, vegetation or other objects, fi!Tther mobile, temporary or permanent. tfi The VOR Easement shag-5e subject to the covenants, conditions, restrictions and limitations within Grantor's proparras defined by a 1,000 foot radius extending in an are originating from the VOR station. Grantor, for itself, its successors and assigns, hereby agrees not to use the property within OR easement as to interfere, in any manner, with the operation of the VOR at the Dare Co egional Airport. Grantor, for itself, its successors "igns, hereby prohibits the erection or growth on that portion of Crrantor s Property located w tin the designated 2.54 acres contained within the 1,000 foot radius, of any structure or object ettending above the plane of the natural ground, and further prohibits the construction of buildings 4Rthcr structures more than 20 feet tall or with metal exterior covering immediately adjacent to 1,000 foot VOR clearance arc. Prior to erecting any structure, Grantor shall comply with kmquirements of FAA Form 7460.1 Notice of Alteration or Construction (or its current form or cessor Federal law). The 2.54 acre area upon Grantor's Property which is within the 1000 f OR clearance arc is more particularly described as follows: Beginning at a concrete monument, said concrete r4ument being in the southeastern comer of the Grantor's Property and being the southo terminus of line AB as described in Exhibit A; thence from said point of beginning SouS32 deg. 40 min. 04 sec. West 1,011.00 feet to a concrete monument; thence North STdk. 19 min. 56 sec. West 33.27 feet to a point; thence along a curve in a generally eastcr lection, said curve having a radius 1,000 feet, a chord bearing of North 34 deg. 33 min, sec. East, a chord length of 1,011.55 feet, an arc length of 1,060.56 feet and a delta of 6 �. 45 min. 56 sec., to the RECEIVED Qy� 3 .p t 7 2020 O 0 CM-MHD CITY Received v - 11 2929 DCM-EC Book 2044 Page 127 G point and place of beginning, the same being the 2.54 acre parcel designated as "2.54 �O Acres Unusable Due to TVOR" on a survey entitled, in pan, "A Plat of Land for the County of Dare," by Wesley M. Meekins, P.L.S., platted March 10, 2006. le' The VOR Easement shall remain in effect until such time as the VOR is de- ea(rbnissioned and declared non -operational, removed or relocated by the Grantee. le, QY, 3. ACCESS EASEMENT G feasement does further give, grant, bargain, and convey to Grantee, a non-exclusive, permanen?gd perpetual access 50 feet in width, and more particularly described as follows: Begino4 at a concrete monument, said concrete monument located in the southeastern comer oftbt 17 of the British Woods Subdivision as recorded in Plat Cabinet A at Slide 204 of the' County Registry; thence from said point of beginning North 47 deg. I I min. 00 sec. Ast 418.68 feet to a point; thence South 24 deg. 05 min. 15 sec. East 52.78 feet to a point; thence South 47 deg. I I min. 00 sec. West 676.92 feet to a point; thence North 42 deg. 49 min. 00 see. West 15 feel to a concrete monument; thence North 42 deg. 49 min. 00 sec. W 35 feet to a PK nail; thence North 47 deg. 1 I min. 00 sec. East 275.14 feet to the ' t and piece of beginning containing 34,268 square feet more or less. Same being sh as "Proposed 50' Access Easement on the attached "Exhibit I — Av' t a Easement (the "Access Easement"). The fo:�Sess Easement may be used by Grantee for pedestrian and vehicular access. 0 TO HAVE AND TO HOLD, tight and easements to die said Grantee and its successors in title, it being agreed thaght and casements hereby granted are appurtenant to and run with the land now owned by the �8r rtee heminabove referred to and shall be binding upon Grantor and its successors and assignU (continued one following page) Received RECEIVED MAD t 1 2020 CPR 17 20z0 DCM-EC I)CM-MHD CITY Book 2044 Page 126 O IN TESTIMONY WHEREOF, the Grantor has hereunto set its hand and seal the day and rust above written. `t V1� ) u , No 'amlina �� +%6�,16 W110ARp Attest• NORTH CAROIQNA DARE COUNTY`')) 1, the undersigned Notary Public, do hereby certify that C-Y &l C§RAiS personally appeared before me and acknowledged that he is the County Clerkvfor Dare County, North Carolina, and that by authpeyY duly given and as the act of Dare County, the foregoing instrument was signed in Nz a by its Chairman, and attested by him as its County Clerk. Witness my hand and offici4ityarrip or seal, this day of �i 20_]�L. V." Witness my hand and official statt or seal this the pU day of _ 20_L� My commission RECEIVED .,%J4 17 2020 0CM-MH1) CITY Received m:,t, 112020 DMEC Book 20" Page 129 6. Exhibit A —scriotion of Line AB '�a AB is the eastern most line of the Grantor's Property, and is more particularly described as fogdws: le, (;Oginning at a concrete monument, said concrete monument Ming South 46 deg 20 min 7see West 536.79 feet to a concrete monument; thence South 44 deg 45 min 27 sec East 262 feet to a concrete monument; thence South 51 deg 47 min 21 sec West 100.93 fe a concrete monument in the Southeast comer of Lot 6, British Woods Subdivision ass Plat Cabinet A Slide 204 of the Dare County Registry; thence form said point of beg" in Plat South 24 deg 05 min 15 we East 964.27 feet to a concrete monument in the southeeso—P) comer of the Grantor's Property. Description Q f Line CD is a line parallel to and 405.3 feet west of Line AB described above, having its southern terminus at the southeastern boundary of the Grantor's Property, and its northern terminus in the northern most boundary of�§e Grantor's Property. d 0 d 0 0� RECEIVED APR 17 2020 DCM-MHD CITY Received u"n 1 1 1010 DCM-EC Book 2044 Page 130 Exhibit 1 — Aviaatiuo Easement Nan (Sec attached) 0 Q� d 0 C� RECEIVED n ER 17 2020 ,')CM-MHD CITY Received V'9 11 2020 DMEC Book 2044 Page 131 THIS MAP IS NOT CERTIFIED SURVEY AND HAS NOT BEEN RFVIC1 nYV A P^—I—i--�nn�� i - r=CEIVED r? "R 17 2020 DCM-MHD CITY Received uA0 11 1C20 DCM-EC Book 2044 Page 132 0 �. DAf'E i" IMTYTA% C01.1 ECTOR ND. °v'10 ' ► S D d Prepared d return to Robert B. s, Jr., Attorney Homthal, Ril Ellis & Maland, LLP 2502 S. C svy Nags Head, NC 59 Tax Parcel: Portions of 025105000 & 025251001 Recorded: 09/02/2015 02:59.52 PM BY Toni Midgen Van[olla McMwraoSniiM, Register of Deeds Dare County. NC Fee Arnr $26,00 NC Er:l6e Tar S0.00 BOOK 2044 PAGE 125 (8) 7-001seae 111111111111Y101111111 LT No. Excise Tax: Exempt G Transfer Tax: Exempt 'A 0 NORTH CAROLINA DARECOUNTY THIS DEED OF EASE r is made this thee day of �Yy_ 2015 by and between the DARE COUNTY, NO CAROLINA, PO Box 11100, Manteo, NC 27954 (" ntor') and the DARE COUN RT AUTHORITY, PO Box 429, Mameo, NC 27954 d WHEREAS, Grantor is the owner o0hat certain 34.4108 acre parcel of land described in that certain deed from Grantee to Grantor da4-Li- 5 , 2015, and recorded in Book 4�4 , Page, Dare County Registry (tis P "); and WHEREAS, Grantee is the owner or tena f certain lands that adjoin Grantor's property on the South and on the East; and WHEREAS, Grantee desires an avigation easement, a VOR clearance easement and an access easement upon and across the lands of Grantor, and Grantor has agreed to grant such casements. 6,� NOW,'1'HEREFORE, said Grantor for a valuable conocration the receipt and sufficiency of which is hereby acknowledged, dues hereby grargt ibargsin, sell and convey unto the Grantee, its successors and assigns, for the use and benefit o9OR public, the following easements: V'- 0 V1, I Qy� RECEIVED APR 17 2020 DCM-MHD CITY Received W,Ag 112029 DCM-EC Book 2044 Page 125 O1 AVIGATION EASEMENT VIII An easement and right-of-way (the "Avieation Easement") appurtenant to the properties ti�ftcd and leased by the Grantee for the operation of the Dare County Regional Airport (the "Aftort for the unobstructed use and passage of all types of aircraft in and through the airsadce above the Grantor's Property above an imaginary plane rising and extending in a gent- y southwesterly direction over Grantor's Property, said imaginary plane running from approxi9tely 52.1 feet Mean Sea Level above the line AB described on Exhibit A and rising uniformly the rote of I foot vertically for each 7 feet horizontally to approximately 110 feet Mean Sea vel at the line CD described on Exhibit A• and then extending horizontally at 110 feet Mean vel at line CD to the South and Southwest over the remainder of the Grantor's Property. Thloviation Easement extends up or at an infinite height above the said imaginary plane. See also?Exhibit I — Avieation Easement Mao." attached hereto and made a part of this instrument. `(Q The Avigatti Easement shall include all things which may be alleged to be incident to or resulting from the use and enjoyment of the Avigation Easement, including but not limited to the right to cause in all airspace above or in the vicinity of the surface of Grantor's Property, such noise, vibrations, " deposits or other particulate matter, fuel particles (which are incidental to the normal oppGrqtion of said aircraft), fear, interference with sleep and communication and any and'o1 other effects that may he alleged to be incident to or caused by the operation of aircraft over or% the vicinity of Grantor's Property or in landing or taking off from, or operating at or on the AjVort. Grantor does fully waive, remise and release any right or cause of action which they may rapiv have or which they may have in the f iture against Grantee, its successors and assigns, due to spoise, vibrations, fumes, dust, fuel panicles and all other effects that may be caused or may h j been caused by the operation of aircraft landing at, taking off from or operating on the Al6ort. As used herein, the term "aircrdft"Odl mean any and all types of aircraft, whether now in existence or hereafter manufactured and eloped, to include but not limited to jet aircraft, propeller driven aircraft, civil aircraft, milita"ircraft, commercial aircraft, helicopters and all types of aircraft or vehicles now in existence reaflcr developed, regardless of existing or future noise levels, for the purpose of transporti ,persons or property through the air, by whomever owned or operated. Grantor, by recordation of this Avigation &;s Intent, restricts the future development of Grantor's Property such that the erection or growth upon GrontoT'a Property of any building, structure, tree or other object extending into the airspace above the aforesaid imaginary plane is prohibited. Prior to erecting any structure, Grantor shall ciyply with the requirements of FAA Form 7460-1 Notice of Altcmtion or Construction (or is cur,&nt forth) or any successor provision of Federal law governing same. 0 Grantor further grants to the Grantee the continuing right vent the erection or ce growth upon Grantor's Property by Grantor or Grantor's suessoisAr assigns, any building, structure, tree or other object, extending into the airspace above theWV, ,said imaginary plane, VV,--�CEIVED O p� 1 7 2020 $� DCM-MHD CITY Received ue) 112020 DCM-EC Book 20" Page 126 and to remove from said airspace, any such building, structure, tree or other objects now upon or O which, in the future, may be upon Grantor's Property, together with the right of ingress to, egress 0Dam, and passage over Grantor's Property for the above purpose. Trees or other objects of ,Pgtural growth above the aforesaid imaginary plane may be removed in their entirety or any "on thereof as determined appropriate by the Grantee. "The parties agree and acknowledge that the Federal Aviation Administration ((he "FAA") may Oanli to Grantor a written variance of this Avigation Easement. A copy of any request by Grantokfo the FAA for a variance shall simultaneously be sent by Grantor to Grantee for review and an op ity to provide comment. Upon Grantor's receipt of any written variance issued by the FAi Grantor, Grantor agrees to immediately provide a copy of such variance to Grantee. 0 % 2. VOR CLEARANCE EASEMENT Grantor fA>helf, its successors and assigns, does hereby grant, bargain, sell and convey4 unto the Grantee, itsccessurs and assigns, for the use and benefit of the public, a VOR clearance easement (the "VOR Casement') appurtenant to properties owned and leased by the Grantee for the operation of the Airport, for the unobstructed operation of the Wright Brothers VOR. At minimum the %"t Brothers VOR requires an arcs within a 1,000 foot radius of the VOR transmitter be maintalirSd free and clear of above ground structures, trees, shrubs, vegetation or other objects, v�ther mobile, temporary or permanent. The VOR Easement sh subject to the covenants, conditions, restrictions and limitations within Grantor's propas defined by a 1,000 foot radius extending in an arc originating from the VOR station. ne Grantor, for itself, its successors and assigns, hereby agrees not to use the property within VOR easement as to interfere, in any manner, with the operation of the VOR at the Dare Co regional Airport. Grantor, for itself, its successors''!! signs, hereby prohibits the erection or growth on that portion of Grantor's Property located w"in the designated 2.54 acres contained within the 1,000 foot radius, of any structure or object e(ibnding above the plane of the natural ground, and further prohibits the construction of buildings 45Lher structures more than 20 feet tall or with metal exterior covering immediately adjacent to 1,000 foot VOR clearance arc. Prior to erecting any structure, Grantor shall comply with krequirements of FAA Form 7460.1 Notice of Alteration or Construction (or its current form or cessnr Federal law). The 2.54 acre area upon Grantor's Property which is within the 1000 fM VOR clearance arc is more particularly described as follows: Beginning at it concrete monument, said concrete n founrent being in the southeastern comer of the Grantor's Property and being the southo terminus of line AB as described in Exhibit A; thence from said point of beginning SouIV32 deg. 40 min. 04 sec. West 1,011.00 feet to a concrete monument; thence North 57Vk. 19 min. 56 sec. West 33.27 feet to a point; thence along a curve in a generally caster lection, said curve having a radius 1,000 feet, a chord bearing of North 34 deg. 33 min. sec. East, a chord length of 1,011.55 feet, an arc length of 1,060.56 feet and a delta of 66, Atg. 45 min. 56 sec., to the ��� RECEIVED o APR 17 2020 0� ,� 0CM-MHD CITY Received t1 ", 1 j 7921) D M-EC Book 2044 Page 127 G' point and place of beginning, the same being the 2.54 acre parcel designated as "2.54 �O Acres Unusable Due to TVOR" on a survey entitled, in part, "A Plat of Land for the County of Dare," by Wesley M. Meekins, P.L.S., platted March 10, 2006. � ' The VOR Easement shall remain in effect until such time as the VOR is de- eo(bnissioned and declared non -operational, removed or relocated by the Grantee. le* Q) 3 ACCESS EASEMENT G for does further give, grant, bargain, and convey to Grantee, a non-exclusive, permanen�d perpetual access easement 50 feet in width, and more particularly described as [follows: Begin ea at a concrete monument, said concrete monument located in the southstem corner o fbt 17 of the British Woods Subdivision as recorded in Plat Cabinet A at Slide 204 of the One County Registry; thence from said point of beginning North 47 deg. I l min. 00 sec. Ast 418.68 feet to a point; thence South 24 deg. 05 min. 15 we. East 52.78 feet to a point; thence South 47 deg. I I min. 00 sec. West 676.92 feet to a point; thence North 42 deg. 49 min. 00 sec. West 15 feet to a concrete monument; thence North 42 deg. 49 min. 00 sec. W 35 feet to a PK nail; thence North 47 deg. 11 min. 00 sec. East 275.14 feet to the ' t and place of beginning containing 34,268 square feet more or less. Same being sh as "Proposed 50' Access Easement on the attached "Exhibit 1 — Avi etion Easeme t (the "Access Easement"). The /dress Easement may be used by Grantee for pedestrian and vehicular access. 0 TO HAVE AND TO HOLD, %t ght and easements to the said Grantee and its successors in title, it being agreed that the right and casements hereby granted are appurtenant to and run with the land now owned by the it tee hereinabove referred to and shall be binding upon Grantor and its successors and assign (continued on� following page) ,O `DECEIVED 0 oG K 17 2020 ')CM-MHD CITY Received DCM-EC Book 2044 Page 128 G 0 IN TESTIMONY WHEREOF, the Grantor has hereunto set its hand and seal the day and � lust above written. [� W"N rolna ..Ii47y ed WoWb Attest: �+,. Cler �u ...-�,!• . NORTH CAROIQNA DARF. COUNTY`�:N 1, the undersigned Notary Public, do hereby certify that (Spft personally appeared before me and acknowledged that he is the County Clerk for Dare County, North Carolina, and that by auth duly given and as the act of Dare County, the foregoing instrument was signed N i e by its Chairman, and attested by him as its County Clerk. Witness my hand and officii p or seal, this _ 'N- day of 20JS. ,,gip_ —r� Witness my hand and official aW�i or seal this the -g day of QIJJI1 , 20j.J�. My commission DECEIVED APR 17 2020 DCM-MHD CITY Received t"' 112220 DCM-EC Book 2044 Page 129 Exhibit A Qmririotion of Line AB )he AB is the eastern most line of the Grantor's Property, and is more particularly described as f0ows: le, (;OB ginning at a concrete monument, said concrete monument being South 46 deg 20 min W9 sec West 536.79 feet to a concrete monument; thence South 44 deg 45 min 27 sec East 26 2 feet to a concrete monument; thence South 51 deg 47 min 21 sec West 100.93 fe a concrete monument in the Southeast comer of Lot 6, British Woods Subdivision ass in Plat Cabinet A Slide 204 of the Dare County Registry; thence form said point of begir�tng South 24 deg 05 min 15 we East 964.27 feet to a concrete monument in the southeio n comer of the Grantor's Property. Descritnion Line CD is a line parallel to and 405.3 feet west of Line AB described above, having its southern terminus at the southeastern boundary of the Grantor's Property, and its northern terminus in the northern most boundary of Grantor's Property. �O RECEIVED APR 17 2020 P)CM-MHD CITY Received t"° 1 1 2P29 DMEC Book 2044 Page 130 6 Exhibit I — Avittation Easement hlao 0 (See attached) `C�ll WE 'DECEIVED APR 17 2020 DCM-MHD CITY Received ueu 1 1 2020 DCM-EC Book 2044 Page 131 THIS MAP IS NOTA CERTIFIED SURVEY AND HAS NOT BEEN RECEIVED d O APR 17 2020 00 DCM-MHD CITY Received uA011 MO DCM-EC Book 2044 Page 132 Recorded: 10/25/2016 02:22:06 PM �'. BOOR 2127 PAGE 509 (5) BY Claudia Harriroon Vamolla McMurran, Register of Deeds ��000775q ��III�II�III'I Fee Aarr $26 00 Dare County.N� Tax $0 00 �� r«pT D PTY TAX C VFCTOR No. 38 -t an 0 Space Alamc This Line For Recording Data Prepared by: 0l rat B. flohbs. /c, Attorney Reran to: that, Ritry, Ellie 8: Mdand, LLP 2 ,,//,o,ath Croatan Highxvy, Negr Had NC 27959 Tax Parcel: Non1e Excise Tax: $-0- LT No. Transfer Tax: $-0- STATE OF NORTH CAR% COUNTY OF DARE '' THIS NON-WARRA W DEED OF EASEMENT (this "Easement'), made this Ato day of ePo�Pr- -A`. 2016, by and between CHARLES D. EVANS and wife, REBECCA A. EVANS, and CEL(A"EVANS MILLER and husband, PAUL J. MILLER,))) (hereinafter referred to as "OWNEK�)1 and the DARE COUNTY AIRPORT AUTHORITY, a body politic and corporate, whose atlJress is P.O. Box 429, Manteo, NC, 27954 (hereinafter referred to as the "DCAA"). A. C. R. Evans recorded a plat of(k subdivision known as Evansville, in Map Book I, Page 145, Dare County Registry (the "Even e Plat'), depicting, among other matters, various lots and streets. B. The portion of Bonner Street shown depicted on the Evansville Plat located between Lots 26 and 27 of Evansville (the "Subject t�perty") has never been opened, improved, or used as a street. C. The DCAA owns and operates the Dare CotioW Regional Airport (the "Airport'), which Airport adjoins the Subject Property on the southeast O D. The Subject Property has become overgrown wiee and other vegetation, the existence of some of which am hazards to aircraft using the Airpa�Sa runways. d 0 Cif RECEIVED APR 17 Z020 ACM-MHD CITY Received t1en 11 7C20 DCM-EC Book 2127 Page 509 G` E. The DCAA desires to remove various trees and other vegetation from the Subject Property to improve the safety of pilots, persons and property who use the Airport and who live ��t the vicinity of the Airport. ,e' F. Grantors Charles D. Evans and Celia Evans Miller are the successors in interest to C.Q4 Evans, the developer of Evansville, and as such hold or claim legal title to the various roads and` Vets located within Evansville, subject to easements held by owners of lots in Evansville and nQ n�ers of the public. G,6 Grantors Charles D. Evans and Celia Evans Miller desire to grant the DCAA an exclusive cement to permit the DCAA to remove obstructions and vegetation from the Subject Property to e0tartce the safety of pilots and persons in and around the Airport. NOW, TofREFORE, the OWNER and the DCAA agree as follows: I. They cmcnt Area shall be defined as follows: All of the surface of the Subject Property, and all air apace above the surface of the Subject Property, and such area below the natural ground level as described in Paragraph 4 below. 2. OWNER d6es hereby grant and convey unto the DCAA, its agents, servants, and employees, an exclusive, pehanent and continuing right and perpetual easement to take any action necessary to prevent tF ection or growth of any structure, tree, vegetation or other object (or any portion thereof) in,}}qQ� he Easement Area, and to remove from such Easement Area, or mark or light as obstructions r". navigation, any and all structures, trees, vegetation or other objects (or any portion thereof) thaCtpay be located in or extend into the Easement Area. le J. The DCAA shall have O ppght (but not the obligation or duty) to mow or otherwise maintain the Easement Area M a condition that would prevent or inhibit the growth or trees or other vegetation in the Easement A The DCAA shall also have the right (but not the obligation or duty) to install and maintain cc around the penmeter of the Easement Area for security and other airport reasons associated h the purposes of this Easement. 4. The DCAA shall also have the 60 and ensement to top and/or remove any and all existing and future trees or other natural growtoor any portion thereol) from the Easement Area, to provide protection against present and futti �qbslructlons intu the Easement Area. In the event that said topping of trees or other natural gfoMh (or any portion thereof) is, in the opinion of the DCAA, impractical, uneconomical, or undesirable, the DCAA is hereby given the right to clear any tree or groups of trees or other natural growth to an elevation approximately twelve (12) inches below the existing natural ground level fOhe location of such obstructions, together with the right of ingress to, egress from, and passage>ver the Subject Property for such purpose. If the DCAA does not believe it to be cost effective ®top trees, the DCAA may elect to clear any trees all or any portion of which is within the Fasetrf%i t Area. 2 Qy� RECEIVED APR 17 2020 DCM-MHD CITY Received uau 1 1 2020 DCM-EC Book 2127 Page 510 5. Further, for the consideration as above set out, OWNER does hereby grant unto O DCAA, for the use and benefit of the public, a perpetual Right of Flight for the passage of -rcraft in the Easement Area, together with the noise, vibrations, fumes, dust, fuel particles and ,edother effects that may be caused by the operation of aircraft landing at or taking off from or operating at or on the Airport; and OWNER does hereby fully waive, remise and release any ri0or cause of action which they may, now have or which they may have in the future against the @CAA, its successors and assigns, due to such noise, vibrations, fumes, dust, fuel particles and ef�oI aeffects that may be caused or may have been caused by the operation of aircraft landin at, or taking off from, or operating at or on the Airpon. 6. 0 The OWNER, for itself, and its successors and assigns, hereby covenants and agrees with tODCAA that for the term of this Easement, and for the benefit of the public in its use of the Aitlilk, the OWNER will not hereafter erect, or permit the erection or growth, of any structure, trees, tation or other object (or any portion thereof) within or upon the Subject li Property which �5ithin the Easement Area. 7. The sgnuses of Grantors Charles D. Evans and Celia Evans Miller have executed this Easement to release any marital rights with respect to this Easement. 8. Nolwithsta&g anything herein to the contrary, this Easement may be suspended by the DCAA during any t4 that a governmental agency opens, constructs and maintains a public street within the EaseArea, as long as the goals and purposes of this Easement (as set forth in the Premises of this E ent) are fulfilled in the sole and absolute discretion of the DCAA. TO HAVE AND TO HOLD ildid casement and all rights appertaining thereto unto the DCAA, its successors and assigns, fb,1V . (continued the following page) O 0 o� DECEIVED P ' , 1 7 2020 1-� -MHD CITY Received MAP 112020 DCM-EC Book 2127 Page 611 IN WITNESS WHEREOF. the OWNER has executed this Easement, the day and year rst above written. [^Y• Y� 0 �l. North Carolina, Dare County 7F 6 "57 4 A I Efl, e /i" asom s (SEAL) REBECCA A. EVANS 1 certify that the fot�ing person(-) personally appeared before me this day, each acknowledging to me that Bibr she voluntarily signed the foregoing document for the purpose stated therein and in the capant yjndicated: CHARLES D. EVANS and wife, REBECCA A. EVANS. Witness my hand and seal l day of ftdCkg r- , 20-tjo—. V' qb pVBLIC Affix Nouay Scal Inside This Bo: or printed 0 \A*\ �Y. NY' RECEIVED uPR 17 2020 DCM-MHD CITY Received l" 0 11 M9 DCM-EC Book 2127 Page 612 OWNER: YV ID AI,tI �0�• (SEAL) CELIA EVANS MILLER d (SEAL) Q PAU MILLER, III North Carolina, ire Counly I certify tha following petson(s) personally appeared before me this day, each acknowledging In m that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: CELIA EVANS MILLER and husband, PAUL J. MILLER, III. G Witness my hand areal this day of ()a-k-lber . 20J- . Iy' NOTE t�9ra Sign"ofNotaryPublic ,GBf IC •;_7 �Y-1 Typed or printed name of Notary Public My commission expires: a. - 3 • a0 Affix Notary Sal Inside This Box G pUSFMt RUHFRTRRH rhm,"Y' A A,nrnon Sant oa n %I?E%3nn eazment v2,aatl 09531"015 I0 ON S d n RECEIVED 11PR 17 2020 DCM-MHD CITY Received 1"" 1 12029 DGM-EC Book 2127 Page 513 MANTEO (SHALLOWAG) BAY MAINTENANCE DREGING PROJECT .appendix H: Letter of Permission from Offloading Site Landowner RECEIVED 17 2020 i'ACM-MHD CITY Received ,'^1IK21 DMEC 24 APTIM Coastal Planning k Engineering of Noah Carolina. Inc. Dear Brent ML Marina, LLC provides permission to Dare County to utilize parcel 031195999 which is located on the south side Marshes Light Marina in Manteo, NC for the use as a material transfer site in preparation for the Manteo/Shallowbag Bay dredge project in 2020-2021. The work will begin no sooner than November 1, 2020 and be finished no later than March 31, 2021. In addition, we approve the request to dredge the area in proximity to the transfer site and our dock to provide a navigable path to and from the transfer site. This document provides general permission and does not include the general conditions and responsibilities that the contractor must maintain per the temporary easement agreement between Dare County and Saga Construction. Sumit Gupta Managing Member of ML Marina, LLC Ph 252.441.9003 x116 Cell 252.207.8997 sgupta cDicrsaga.com 11 hftp://www.homesbysaga.com Al Cp61�Y[1W � OMpMM RECEIVED APR 17 2020 DCM-MHD CITY Received 11 JW DCM-EC ROY COOPER NORTH CARouNA Governor Environmental Quality MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director April 17, 2020 Dare County c/o Robert L. Outten 954 Marshall C Collins Drive Manteo, NC 27954 Dear Mr. Outten: The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval to maintenance dredge Shallowbag Bay, Manteo in Dare County. It was received complete on April 8, 2020 and appears to be adequate for processing at this time. The projected deadline for making a decision is June 22, 2020. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from April 8, 2020, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS l 13A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property, or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. D EQ RECEIVED APR 17 2020 North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street. Suite 3001 Elizabeth City. North Carolina 27909 OCM-MHD CITY 252,264.3901 Dare County c/o Robert L. Outten April 17, 2020 Page 2 of 2 An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me, if you have any questions and or if you wish to receive a copy of the field report. Sincerely, Ron Renaldi District Manager, Northeastern District NC Division of Coastal Management Enclosure cc: Jonathan Howell, Major Permits Coordinator, DCM, Morehead City, NC Kenneth Wilson, APTIM, Wilmington, NC RECEIVED APR 17 2020 DCM-MHD CITY v 0 9 N()-TI(l]: CAMA PERMIT APPLIED FOR PROJECT: Mechanically maintenance dredge Ranges 1- 5 of a Federally authorized channel extending from the mouth of Doughs Creek, through m Shallowbag Bay and into the Roanoke Sound. m COMMENTS ACCEPTED THROUGH, ' May 12, 2020 APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Dare County -1 Ron Renaldi c/o Robert Outten 401 S. Griffin Street, Suite 300 954 Marshall C. Collins Drive Elizabeth City, NC 27909 Manteo, NC 27954 252-264-3901, ext. 235 252-475-5800 ROY COOPER NORTH CAROLINA Governor Environmental Quality MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director EMAIL MEMORANDUM TO: Susan Simpson The Coastland Times Manteo, NC 27954 legals(a)thecoastlandtimes. net FROM: Ella Godfrey DATE: April 17, 2020 SUBJECT: Public Notice: Dare County, Shallowbag Bay Please publish the attached Notice in the Wednesday, April 22, 2020, 2020 issue of The Coastland Times. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Ellie Davis, NC Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557, (Telephone 252-808-2808). Thank you for your assistance in this matter. If you should have any questions, please contact me at our Elizabeth City office (252) 264-3901. Attachment cc: Jonathan Howell, Major Permits Coordinator, DCM, Morehead City Christy Simmons, PIO, DCM, Morehead City Ellie Davis, Accounts Payable, DCM, Morehead City File RECEIVED APR 17 2020 D DCM-MHD CITY os.w.xa un...rorr� /� North Carolina Department of Environmental Quality I DNision of Coastal Management Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909 252.264.3901 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The NC Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an AEC as designated under the CAMA was received on 04/08/20. Dare County proposes to mechanically maintenance dredge Ranges 1-5 of a Federally authorized channel extending from the mouth of Doughs Creek, through Shallowbag Bay and into the Roanoke Sound in Dare County. A copy of the entire application may be reviewed at the office of the Division of Coastal Management, located at 401 S Griffin St, Ste 300, Elizabeth City, NC, 252-264- 3901 during normal business hours. Comments mailed to Braxton Davis, Director, DCM, 400 Commerce Avenue, Morehead City, NC 28557, prior to 05/12/20, will be considered in making the permit decision. Later comments will be considered up to the time of permit decision. Project modification may occur based on review & comment by the public, state & federal agencies. Notice of the permit decision in this matter will be provided upon written request. PLEASE PUBLISH ON: Wednesday, April 22, 2020 RECEIVED �� APR 17 2020 "�./ DCM-MHD CITY North Carolina Department of Environmental Qualtty I Mlsion of Coastal Management Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth Ctty, North Carolina 27909 252264.3901 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director April 17, 2020 MEMORANDUM: NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) gregg. bod narCcDncden r.gov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Dare County Project Location: Shallowbag Bay, Manteo in Dare County Proposed Project: Mechanically maintenance dredge Ranges 1-5 of a Federally authorized channel extending from the mouth of Doughs Creek, through Shallowbag Bay and into the Roanoke Sound in Dare County. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by May 8, 2020. If you have any questions regarding the proposed project, contact Audy Peoples (252-264-3901, ext. 232) when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" 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. PRINT NAME AGENCY SIGNATURE DATE RECEIVED APR 17 2020 North Carolina Department of Environmental Quality I Division of Coastal Management i)CwMHD CITY Elizabeth City Office 1 401 South Griffin Street Suite 300 1 Elizabeth City, North Caroftm 27909 252264.3901 NC Division of Coastal Management Cashier's Official Receipt Received From Permit No.: /0:4' AppiicarN rt's ame: �ye r Project Address: 997la8 C D Date: 202 D s �'7c e o Check No.: cV17.97 3 3 County IQ I'e- Please retain receipt for your records as proof of payment for permit Issued. Signature of Agent or Applicant: Ri Signature of Field Representative: r Data. �� d Date: �� �� MAJOR PERMIT FEE MATRIX Krm v4l r. G n � Selection Development Type Fee DCM % (14300 16014351000931626 6263) DWo % (243001602 435100096 2341) I. Private, non-commercial development that does not $250. 100% ($250) 0% ($0) involve the filling or excavation of any wetlands or o on water areas: 11. Public or commercial development that does not $400 100%G ($400) 0%($0) Involve the filling or excavation of any wetlands or o en water areas: Major Modification to a $250 100% ($250) 0% ($0) CAMA Major permit III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A, B. C, or D below a lies: III(A). Private, non- commercial development, If $250 100% ($250) 0% ($0) General Water Quality Certification No. 4097 (See attached) can be applied: III(B). Public or commercial development, if General • $400 100% ($400) 0% ($0) Water Quality Certification No. 4097 (See attached) can be applied: Ill(C). If General Water Quality Certification No. $400 60% ($240) 40% ($160) 4097 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or a uatic fife: III(D). If General Water Quality Certification No. $400 60% ($240) 40% ($160) 4097 (see attached) cannot be a lied: IV. For development that I the filling and/or $475 60% ($285) 40% ($190) excavation of more than one acre of wetlands and/or oi3en water areas: DCM Coordinator: Greg Bodnar Distributed Yes® No ❑ Applicant: Dare County Distribution Date: 4/17/2020 AGENCY ECRO Community Development/LPO Donna Creef DCM Planner Charlan Owens Eliz City US COE: Josh Pelletier Community Assistance Lee Padrick (Beaufort Carteret Craven, Eliz City, Pamlico, Washington) Cultural Resources Renee Gledhill -Earley Div. of Water Infrastructure (No longer public Water Supply) Clif Whitfield Marine Fisheries Anne Deaton WARO/ECRO James Harrison NC DOT David Harris Shannon Jenkins Shellfish Sanitation Sharon Gupton Tim Walton State Property Mike Moser Wanda Hillard DEMLR/DWR: Sheri Montalvo DEMLR Sediment & Erosion- Samir Dumpor Storm water- Roger Thorpe DWR 401- Anthony Scarbraugh Maria Dunn (WARO) WRC National Heritage Program Rodney Butler RECEIVED APR 17 2020 DCM-NAND CITY C:\Users\ajcannon\AppData\Local\Microsoft\Windows\INetcache\Content.Outlook\Y3T91DNS\Maj Comment Distribution Sheet - Shallowbag Bay.docx Revised: 6/29/2018 —This is a word processing form to be completed in Microsoft Word — NC Division of Coastal Management Major Permit Application Computer Sheet (IIM12012) Date of initial epplk ellon submittal (EX.-1/WO07): 31112020 Dete application'receivad as complete" in the Field o/fice (t7C 1AV2007): 4IM20 Permit Authorization: CAMA ❑Dredge & Fill ZBolh SITE DESCRIPTION/PERMIT INFORMATION PNA: ®Yes ❑No Photos Taken: Yes® No[] Setback Required (riparian): ❑Yes No Critical Habitat: ❑Yes ❑No []NotSure 15 toot waiver obtained. [I Yes ONO Hazard Notification Returned: ❑Yes ®No SAV. ❑Yes ®No ❑Not Sure Shell Bottom: []Yes ®No ❑ Not Temporary Impacts: ®Yes ❑No Sure Sandbags. ❑Yes ®No ❑ Not Sure Did the land use classification come from Mitigation Required (optional): county LUP. ®Yes []No ❑Yes ®No Moratorium Conditions: ®Yes ❑No Environmental Assessment Done: ❑NA [I Yes ❑No®NA SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) ❑ Swamp Waters (SW) High Quality Waters (HOW Outstanding Resource Waters (ORW) WETLANDS IMPACTED (404) Corp. or Engineers (Jurisdictional (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort (Selicomia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) (SA) Salt marsh cordgrass (Spartina ❑ (SY) Salt reed grass (Spartma altemigora) cynosumides) ❑ (DS) Salt or spike grass (Distichlis ❑ (SC) Bullmsh or three square (Scirpus ❑ (TY) Cattail (Typha sp.) spicsta) sp.) (JR) Black needlerush (Juncus 0 (SP) Selt/meadow grass (Spartina roemerianus) patens) APPLICATION FEE ❑ No tee required - $0.00 ❑ III(A) Private w/ D&F up to 1 acre; ❑ III(D) Privpublic or comet w/ D&F to 1 3490 can be applied - $250 acre; 3490 can't be applied - $400 ❑ Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major IV Any development involving D&F of permit-$100 permit - $250 more than 1 acre - $475 ❑ Permit Transfer- $100 ❑ Ill(B) Public or commercial w/ D&F to 1 Express Permit - $2000 acre; 3490 can be applied - $400 Major development extension request - 11. Public or commercial/no dredge $100 and/or fill - $400 ❑ 1. Private no dredge and/or fill - $250 ❑ III(C) Pdv. public or comm w A)&F to 1 acre; 3490 can be applied; DCM needs RECEIVED DWQ agreement - $400 252.808-2808 :: 1-888-4RCOAST :: www.nccoastaimana0oinent.net revisetl: ov. DCM-MND CITY NC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 3) Applicant Dam County Date: 411512020 Describe below the ACTIVITIES that have been applied for. Ali values should match the dimension order, and units of measurement found In yourActivitles code sheet. TYPE REPLACE Activity Name Number Choroose Choose Dimension f Dimension 2 Dimension 3 Dimension 4 D Access I New Work❑ Replace 11,800 100 5 channel Maint ® ❑ Y ® N Excavation 1 New Work ❑ Replace 290 70 6 maintenance Maint ® ❑ Y ® N Excavation I New �k Replace 420 135 1 (*edge) Maint ❑ ❑ Y ® N Highground 1 New dark ® Replace 67 40 Disturbance Maim ❑ ❑ Y ®N Spoil 5 New work ® Replace 617 617 Maint❑ ❑Y®N New At* Replace Maint ❑ ❑ Y ON New Work N Replace Maint ❑ ❑ Y ® N New Work Replace Maint ❑ ❑ Y [IN New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y [IN New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work Replace . Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ Cl Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Nark Replace Maint ❑ Cl Y ❑ N New Wak❑ Replace DECEIVE Maint ❑ 1 ❑ Y ❑ N revised Nov. mi DCM-MHO CITY NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 3) Applicant Dare County Date: 4/15/2020 Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. Habitat Name DISTURB TYPE Choose One TOTAL Sq. Ft. (Applied for. Disturbance total includes any anticipated restoration or tamp eit acts) FINAL Sq. Ft. (Anticipated final disturbance. Excludes any restoration and/or temp impact amount TOTAL Feet (Applied for. Disturbance total includes any anticipated restoration or tam im ads FINAL Feet (Anticipated final disturbance. Excludes any restoration anaVor temp impact amount Deep bottom Dredge ® Fill ❑ Both ❑ Other ❑ 1,503,856 1,503,856 High Ground Dredge Fit Both [I Other® Z700 Z700 High Ground Dredge ❑ Fit 20 Both ❑ Other ❑ 1,525,907 1,525,907 Dredge ❑ Fit ❑ Both ❑ Other ❑ Dredge ❑ Fit ❑ Both ❑ Other ❑ Dredge ❑ Fit ❑ Both ❑ Other ❑ Dredge ❑ Fit ❑ Both ❑ Other ❑ Dredge ❑ Fit ❑ Both ❑ Other ❑ Dredge ❑ Fif ❑ Both ❑ Other ❑ Dredge ❑ Fit ❑ Both ❑ Other ❑ Dredge ❑ Fd ❑ Both ❑ Other ❑ Dredge ❑ FIN ❑ Both ❑ Other ❑ Dredge ❑ Fit ❑ Both ❑ Other ❑ Dredge ❑ Fit ❑ Both ❑ Other ❑ Dredge ❑ Fit ❑ Both ❑ Other ❑ RECEIVED APR 17 2020 DCM-MHD CITY 252.808.2808 :: 1.888-4RCOA87 :: www.nccoastabnanagement.net revised: Nov. 2012 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director APTIM c/o Brad Rosov 4038 Masonboro Loop Rd. Wilmington, NC 28409 NORTH CAROLI`— Environmental Quality March 18, 2020 Re: CAMA Major Permit Application - Shallowbag Bay Channel Maintenance Project Dear Mr. Rosov: The NC Division of Coastal Management hereby acknowledges receipt of your application on March 11, 2020, for State approval for the development of the referenced project An initial screening of the submittal package has been conducted as per 15A NCAC 07J.0203 & 07J.0204. This revealed certain deficiencies, which must be corrected before the application package can be accepted as complete. To assist you in expediting the permitting process as much as possible, I am notifying you of these deficiencies immediately so that they can be quickly corrected to facilitate my detailed review. Because the deficiencies are easily correctable, I am not returning the original application package. Please make the needed changes, and submit the appropriate documentation. With the retained copy of the application, I can commence the detailed review. Please understand that the subsequent detailed review may reveal additional areas where further information or documentation is required to demonstrate compliance with the rules directly applicable to the proposed development If this occurs, you will be notified of such issues separately. Our initial screening has identified the following deficiencies: 1. On Form DCM MP-1, Under #1, the project name is listed as'Dare County Oregon Inlet Channel Maintenance Project'. Should this instead be listed as 'Shallowbag Bay Channel Maintenance Project'? Please verify, and I will make the change on the application. 2. On Form DCM MP-1, #4(d) lists the existing depths within the dredge area to be between --2' and -10' MLW. Per the depth contours on the site plans, the deepest contour is -9' MLW. If there is a -10' contour, it will need to be shown, specifically within the south side of Range 5 where dredging starts (i.e. connective deptlkECEIVED 1WE Q MAR 2 3 2020 North Caolhn Departmentof Environmental Quality i Division of Coastal Management DCM-MHD CITY Elzabeth City Office 1 401 South Griffin Street. Suite 300 1 Elizabeth City, North Carolina 27909 252,2643401 Brad Rosov. March 18, 2020 Page 2 of 3 3. On Form DCM MP-2, Within the table at the top of the first page: ■ It is unclear if the length listed (11,800') includes the Queen Elizabeth II berth dredge area. Let's separate this out and put the Federal Channel section in the "Access Channel" column and put the berth area dredging in "Other". I understand that the length & width won't be exact due to the shape of the dredge footprint, just include the square footage. ■ You should also include the offload site dredging parameters in a separate column. Also, a 10' dredge depth with a 2' over dredge depth (12' total depth) is listed. The connective depth where dredging begins in Range 5 is -9' at MLW. I want to caution you that a permit will not be granted for a depth greater than -9' at MLW. The proposed dredge depth will either result in a permit with the dredge depth conditioned to a maximum of -9' (total) at MLW or a permit denial. If you want the -10' (+2' over), you will have to request a variance before the CRC. If there is a -10' connective depth, it needs to be shown at the south end of Range S. 4. Within the submitted Project, Narrative, there is a reference to the berth forthe Elizabeth II as Figure 1; however, Figure 1 shows the dredging footprint for the entire project. There is a non -Figured picture of the offloading site prior to Figure 1 and Figure 2 within the narrative references the transfer site. It seems the figures are incorrectly labeled and/or out of order. Please correct. S. Adequate Work Plans or Drawings have not been submitted. Please address the following items: ■ The submitted plans scale.correctly to the indicated scales. This maybe a .pdf printing issue. ■ On sheet 5, if there is a -10' MLW connective depth, it must be shown and identified as such. On sheet 6, the indicated scale is 1"=20'; however, I don't believe this scale is correct based on comparing the scaled measurements to google earth imagery. For example, the distance between the northern and southern dolphin piles is —97' on Google Earth but the plan's 1"=20' scale indicates the distance as —47'. Please correct. ■ On sheet 11, indicate the adjacent riparian property owner (ML Master, LLC) ■ A scaled site plan must be submitted of the proposed dredge footprint for the offload site. This plan must include water depth contours and be limited to the necessary dredge area. This area should also be accounted for within the Table on MP-2 as well as within other applicable areas of the application. Brad Rosov. March 18, 2020 Page 3 of 3 • A Cross -Section Drawing must be submitted for the dredging within the Elizabeth II berth. 6. Previous documents submitted for review (i.e. Appendix E) included figures that were in color that utilized colored shading to reference areas within the project site. The final application was not submitted in color and these figures cannot be easily read. For example, an area of SAV cannot be seen and shellfish resource areas are barely visible. Please submit these parts of the application in color. To expedite our response to your permitting request, we will commence the detailed review of your application for a permit pending the receipt of the additional information requested above. However, the statutorily provided 75/150 days allowed for review cannot commence until such time as we have received a complete application package. Once your application has been accepted as complete, you will receive a separate notification letter. If it is not possible to render a permit decision within 70 days of the date when your application is received complete, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting Will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. Please do not hesitate to contact me at our Elizabeth City office (252 264 3901) if you have any questions regarding this letter or the permitting process. Sincerely, 6;W( Ron Renaldi District Manager Division of Coastal Management cc: Gregg Bodnar, Assistant Major Permits Coordinator, DCM, Morehead City Dare County c/o Robert Outten, Applicant RECEIVED MAR 2 3 2020 DCM-MHD CITY