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
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Application Processing Notes
Permit#
Minor Mod Renewal Transfer
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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
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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
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AMERICAN VERTICAL DATUM, 1988 (NAVD88). • - -
i ll
o (((yyy y A►TW CORSTAL ■TANNING S ENGINEERING, INC. MANTEO (SHALLOWBAG) BAY MAINTENANCE DREDGING PROJECT
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PROPOSED UPLAND
• DISPOSAL AREAS
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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 ^ �.,
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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
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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
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Local Permit Officer
Corps of Engineers - Regulatory Branch
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DWR-Public Water Supply
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DEMLR-Stormwater
DEMLR-Sed and Erosion
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Wildlife Resources Commission
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DMF - Shellfish Section
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DMF - Habitat&Enhancement
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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:
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i f� �� � �H'& 0 ` dC.nvl'R n vN'NZ+ -�^':•E
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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
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%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.
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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.
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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.
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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
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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
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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.
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MANTEO (SHALLOWAG) BAY MAINTENANCE DREGING PROJECT
Appendix E: Affected Environment
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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
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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
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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.
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17
k
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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.
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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).
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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
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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)
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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
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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
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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.
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Figure 3. SAV beds in proximity to Sballowbag Bay.
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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
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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
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Figure J. Shellfish resources in proximity to the project area.
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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
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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
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Figure S. Wetlands in proximity to the project area.
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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
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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
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Figure (i. Primary and secondary nursery areas in proximity to the project area.
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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
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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
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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
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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.
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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
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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
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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).
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ShWish GProhibited
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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
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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
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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
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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.
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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).
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Grid. Slate Plane NAD 83 1 EPipsoid. WGS 84 1 Zane: NC3200 NORT... 1, Dat UnI. US Su..
c�^•v fin.
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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
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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.
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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.
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Armstrong, J.L., and J.E. Hightower. 2002. Potential for restoration of the Roanoke River
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Bain, M. B. 1997. Atlantic and shormose sturgeons of the Hudson River: Common and divergent
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and Risk. United States Army Corps of Engineers. Environmental Laboratory. ERDC/EL TR-
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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
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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
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Deaton, A.S., W.S. Chappell, K. Hart, J. O'Neal, and B. Boutin. 2010. North Carolina Coastal
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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
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Fulk, R., D., Gruber, R., Wullschleger. 1975. Laboratory study of the release of pesticides and
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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
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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,
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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
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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
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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,
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MAFMC (Mid -Atlantic Fisheries Management Council). 2019. Fishery Management Plans &
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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.
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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
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as tsE�
COiIECTOR
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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