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HomeMy WebLinkAbout49-19 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 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 JUL 2 9 2019 DCM-MHD Issued to Dare County, 954 Marshall C. Collins Drive, Manteo, NC 27954 Authorizing development in Dare County at Oregon Inlet, from the ocean bar channel to Old House Channel, , as requested in the permittee's application dated 1/30/19 (MP-1), revised 2/11/19 (W-2) including attached workplan drawings (7), as referenced in Condition No. 1 below. This permit, issued on June 24, 2019 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. 1) Unless specifically altered herein, all development shall be carried out in accordance with the attached workplan drawings (7), Sheets 2 and 4, dated revised 5/30/19, Sheets 3 and 5-8, dated 1/8/19, and AEC Hazard Notice dated 1/29/19. Excavation 2) Excavation shall not exceed -14' MLLW (with no overdredge allowance) in Oregon Inlet and the ocean bar channel and -12' MLLW (with no overdredge allowance) in the channels labeled Oregon Inlet to Hells Gate Channel and Old House Channel. (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, 2022 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. '8�, - /- 14. - D2 BraxtoE C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted ao_�_ Signature of Permittee Dare County- Oregon Inlet Maintenance Dredging Permit No. 49-19 Page lmftiVED • ADDITIONAL CONDITIONS JUL 2 9 2019 3) The temporary placement or double -handling of excavated or fill materials withir�og_eIT wetlands is not authorized. CY Disposal Area 4) All disposal of excavated materials shall take place entirely within the area indicated on the attached workplan drawings. Any proposal to modify the disposal location shall require a modification of this permit. Cultural Resources 5) Prior to the initiation of any dredging activities authorized by this permit, the permittee shall, in coordination with the N.C. Department of Natural and Cultural Resources (DNCR), develop and implement an archaeological survey of the proposed project area. Initiation of permitted dredging activities shall not begin until written approval is obtained from DNCR, and a copy of such approval has been submitted to the Division of Coastal Management. 6) There exists the possibility that the authorized activities may unearth a beached shipwreck or other archaeological resources. Should such a finding occur, the permittee shall immediately move to another area. The DNCR Underwater Archaeology Branch shall be contacted at (910) 458-9042 to determine appropriate response procedures. General 7) Prior to the initiation of any dredging activities authorized by this permit, the permittee shall demonstrate to DCM, in coordination with the appropriate resource agencies, that the hopper dredge has been constructed in accordance with the U.S. Army Corps of Engineers hopper dredge plant specifications and that the dredge plant complies with the conditions of the Corps' 2004 FONSI. 8) The permittee shall obtain any necessary authorizations or approvals from the U.S. Army Corps of Engineers prior to initiation of any permitted activity. Unless altered by a specific Condition of this Permit, the permittee shall adhere to all conditions on the Federal approval. 9) 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. 10) In order to ensure compliance with the conditions of this Permit, and in order to ensure that each proposed excavation event adheres to the limits of this permit authorization, the permittee and his contractor shall schedule a pre -construction conference with the Division of Coastal Management, the U.S. Army Corps of Engineers, and the N.C. Division of Water Resources prior to the initiation of any dredging activities. In order to facilitate these discussions, a complete set of project plans shall be provided to all listed agencies at the time of each request for a pre -construction conference. 11) All excavation shall take place entirely within the area indicated on the attached workplan drawings, and subject to the plans required by Condition No. 10 of this permit. Dare County- Oregon Inlet Maintenance Dredging Permit No. 49-19 ' Page 3 of 3 ADDITIONAL CONDITIONS 12) The authorized project shall 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. 13) Any mitigative measures or environmental commitments specifically made in the application for this project should be implemented, regardless of whether or not such commitments are addressed by individual conditions of this permit. 14) This permit does not authorize any permanent or long-term interference with the public's right of access and/or usage of all State lands and waters. 15) The N.C. Division of Water Resources has authorized the proposed project under DWR Project No. 2019-0264, which was issued on 4/26/19. Any violation of the Water Quality Certification shall also be considered a violation of this CAMA Permit. 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 has assigned the proposed project Action ID No. SAW-2019- 00175. 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. RECEIVED JUL 2 9 2019 DCM-MHD CITY DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Dare County COUNTY: Dare PROJECT NAME: Oregon Inlet Channel Maintenance LOCATION OF PROJECT: Oregon Inlet extending to Old House Channel, adjacent to the Atlantic Ocean DATE APPLICATION RECEIVED COMPLETE BY FIELD: 1-30-19 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: Choose an item. FIELD REPRESENTATIVE: Heather Coats DISTRICT OFFICE: Wilmington DISTRICT MANAGER REVIEW: Roy Brownlow B) DATE RECEIVED BY MAJOR PERMITS UNIT: 2-22-19 FEE REC'D: $475 (60140) # Enter text. ✓ APPLICATION ASSIGNED TO: Heather Coats PUBLIC NOTICE REC'D: 3-3-19 ✓ END OF NOTICE DATE: 3-23-19 ✓ ADJ. RIP. PROP NOTICES REC'D: Yes DEED REC'D: Ci�. u/1* C) 75 DAY DEADLINE: 445-19 150 DAY DEADLINE: Enter a date. Cp/Zal/� HOLDS: Enter text. MAIL OUT DATE: 2-26-19 STATE DUE DATE: Enter a date. PERMIT FINAL ACTION: ISSUE DENY AGENCY DATE NOTES OBJECTIONS: COMMENTS YES NO RETURNED DCM - Field Rep Local Permit Officer DCM — LUP Consistency Determination Rural Development Division (DCA) ✓ DEMLR — Stormwater & Sed/Erosion Z8 I ✓ — L I9 DWR-401 DOA — State Property hOfce 1 H,/DMF — Shellfish Section 21Z S / I NCDOT DMF - Habitat & Enhancement DWR-Public Water Supply 11 .3/W h 1 11 11 ✓ 11 1 USACE — Regulatory DNCR — Archives & History DNCR — Natural Heritage Program Lo I t/ V*;td — etc m- A • wJVVWSfW ROY COOPER Governor MICHAELS.REGAN Secretary BRAXTON C. DAVIS Director February 26, 2019 MEMORANDUM: NORTH CAROLINA EnNrorunentol QuaW FROM: Heather Coats, Beach & Inlet Management Project Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 Fax: 910-395-3964 (Courier 04-16-33) Heather.Coats@ncdenr.gov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Dare County Project Location: Oregon Inlet extending to Old House Channel, adjacent to the Atlantic Ocean, in Dare County Proposed Project: To maintain the federal navigation channel by way of hopper dredge from Oregon Inlet to Old House Channel. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 19, 2019 at the address above. If you have any questions regarding the proposed project, please contact Heather Coats at (910) 796-7302. 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 G k ar-(4h C l'W rc s AGENCY N v SIGNATUR RECEIVED DATE —zz—. 19' MAR 18 2019 DCM WILMINGTON, NC North Carolina Department of Environmental Quality ' Division of Coastal Management Morehead City Office i 400 Commerce Avenue Morehead City, North Carolina 28557 252.808,2808 ROY COOPER Governer MICHAEL S. REGAN Secretory BRAXTON C. DAVIS Director MEMORANDUM NORTH CAROLINA EnHrowiimtaf QuaUry TO: Heather Coats, Beach & Inlet Management Project Coordinator Division of Coastal anagement FROM: Charlan Owe CP, NE District Planner Division of Coas al Management SUBJECT: Major Permit Request by Dare County to conduct year-round maintenance dredging of the Oregon Inlet and the ocean bar channel to a maximum width of 400 feet and a depth of 14 feet below Mean Lower Low Water (MLLW), the channel from Oregon Inlet to Hell's Gate to a maximum width of 100 feet and a depth of 12 feet below MLLW, and the Old House Channel to a maximum width of 100 feet and a depth of 12 feet below MLLW, and place dredge disposal on a 5,000 foot long near -shore area south of Oregon Inlet in the Atlantic Ocean; in Dare County. DATE: March 13, 2019 Consistency Determination: The request is consistent with/not in conflict with the Dare County 2009 Land Use Plan certified by the CRC on February 24, 2011. Overview: The project area is located within Oregon Inlet and connecting areas of the Pamlico Sound and Atlantic Ocean. Oregon Inlet is bounded to the north by Bodie Island and the Cape Hatteras National Seashore and to the south by Hatteras Island and the Pea Island National Wildlife Refuge. Both the Herbert C. Bonner Bridge and the recently constructed Basnight Bridge cross the inlet to connect the islands. The project boundaries extend from the Ocean Bar Inlet Channel, to Hells Gate Channel to Old House Channel. Oregon Inlet and the ocean bar channel are authorized to a maximum width of 400 feet and a depth of 14 feet below Mean Lower Low Water (MLLW). A length is not provided. The channel from Oregon Inlet to Hell's Gate is authorized at 100 feet wide, 16,050 feet long and a depth of 12 feet below MLLW. Old House Channel is authorized at 100 feet wide, 2,850 feet long and a depth of 12 feet below MLLW. Locations vary depending on deep water. Project boundaries also include a 5,000 foot long near - shore disposal area in the Atlantic Ocean south of Oregon Inlet. The dredge corridor encompasses approximately 3,333 acres. The US Army Corps of Engineers (USACE) has historically dredged approximately 900,000 cubic yards in the project area channels annually to maintain navigation. The USACE uses special purpose hopper and side cast dredges year-round as authorized in 2004. Since 2016, Dare RECEIVED ��� MAR 18 2019 North Carolina Department of Environmental Quality I Division of Coastal Managem W I LM I NGTO N,_ N CElizabeth City Office 1 401 South Griffin Street. Suite 300 1 Elizabeth City, North Car 2SZ2643901 - - _.-- - North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 2 of 4 County and the State of NC have contributed supplemental funding to the USACE for maintenance dredging. Concerns regarding dredge availability have resulted in Dare County acquiring a privately -owned, state -contracted hopper dredge for maintenance of the navigational channels. The privately -owned, state -contracted dredge is to be used under the direction of the Oregon Inlet Task Force as approved in Session Law 2018-15. Year-round maintenance dredging of the Oregon Inlet and the ocean bar channel to a maximum width of 400 feet and a depth of 14 feet below Mean Lower Low Water (MLLW), the channel from Oregon Inlet to Hell's Gate to a maximum width of 100 feet and a depth of 12 feet below MLLW, and the Old House Channel to a maximum width of 100 feet and a depth of 12 feet below MLLW and placement of dredge disposal on a 5,000 foot long near -shore area south of Oregon Inlet in the Atlantic Ocean are proposed. To minimize risk to threatened and endangered species, the dredge will be weight limited, equipped with dragheads, and use suction pipes not to exceed 14 inches in diameter. Discharge pipes will range from 12 inches to 16 inches in diameter. Dare County will use the privately -owned, state -contracted dredge under the direction of the Oregon Inlet Task Force. The waters adjacent to Oregon Inlet in this area are designated as Class SA waters and are open to shellfish taking. A review of historic and/or archaeological resources was not provided. Anticipated Impacts resulting from this project are expected to include: the dredging of approximately 167 acres of Public Trust Area/Estuarine Waters Area of Environmental Concern (AEC) and the filling of approximately 287 acres of Ocean Hazard Area/Public Trust Area AEC. No Submerged Aquatic Vegetation impacts are anticipated. Basis for Determination: The project site is in the Pamlico Sound, Oregon Inlet and Atlantic Ocean. As indicated on Page 217, the "Conservation" designation applies to all CAMA Areas of Environmental Concern (AECs). 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." RECEIVED MAR 18 2019 DCM WILMINGTON, NC North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 3 of 4 Policy PA#S, Page 146. "Dare County supports the maintenance of wildlife preservation areas and refuges..." 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 individual protection/management strategies should be implemented to ensure archaeological and/or historical resources are not destroyed." Natural Hazards: Ocean shoreline Policy NH#1, Page 179. "Oceanfront shoreline development should continue to be managed to protect and preserve the natural and recreational resources along the oceanfront. The appropriate tools for this are the existing CAMA permit program and the Areas of Environmental Concerns (AECs) designated under the CAMA program..." Implementation Strategy, Page 179. 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..." RECEIVED MAR 18 Z019 DCM WILMINGTON, NC North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 4 of 4 Water Quality: 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 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: Federal/State Support Policy LAC #4, Page 200. "Dare County encourages federal and state regulatory agencies to consider fast -tracking of public -purposes projects. Where State grant funds have been secured, consideration of an assumed or accelerated permit process is advocated." Channel Maintenance — Oregon Inlet 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." Policy LAC #11, Page 202. "Dare County recognizes the importance of Oregon Inlet and its continued need for stabilization, protection and navigable maintenance." RECEIVED MAR 18 2019 DCM WILMINGTON, NC ! r k I(tjtj!(( i i .WCOOPER I .. i -NORTH CAROUNA r r Governcr. ,,. � fnY4nnmenrni Qudtty r +' ; i MICHAEUS.REGAN I _ searfcrr: BRAXTONC.DAVIS'rPbutor , March"1; 2019 MEMORANDUM: FROM Heather Coats Beach & Inlet Management Project Coordinator NCDEQ 'Division of CoastaPManagement 127 Cardinal orive;Extension Wilmington, Nb 28405 Fax:'910-395-*4 (Courier'04-16-33) Heather.Coa s n enr aov { SUBJECT: CAMA/Dredg( &Fill Application Review " i 'I Applicant: Dare County 1 Protect Location: Oregon Inlet a ending to Old House Channel, adjacent to the.Atiantic Ocean, in 4 Dare County Proposed Project: To maintain the-federal'navigation channel by way of:hopper dredge from Oregon Inlet to Old House -Channel.' - Please:indicate below your agency s, position or viewpoint on the proposed project and` ' return this form by March 19 -2019 afj the address above. If you:have any questions regarding'the proposed project, please contact Heather Coats at j910j796-736Z When appropriate, in-depth `` comments with supporting data is requ, sted. a REPLY. Thls:agency has no oblectlonto"the,profect as proposed. *'Additional c#mentsmaybe attached his agency has no comment on the proposed' project. This agency',approves of the project only. if-tke'recommended changes' are incorporated, See attached, This agency otilects to the;project.for reasons described in the attached comments If RINTlA,t�O .�✓"G AGENCY Corr'! ✓vlfi 4.e $IGNATUR� vcEiE.IVLL� a DCM WILhAIf�GTO1�, NC DATg 3 I ` � MAR 0'1`'2019 - ; , !?-EQW u North Carolina Department of Environmental Qualfty I Dlvisioh or Coastal Management MorehmdCityOfflce 1400 Commerce AvmueI Morehw City, North Caroltnamsw - "` 252,6082808 , ROY COOPER Governor MICHAEL S. REGAN se"ary BRAXTON C. DAVIS Dlratmr February 28, 2019 MEMORANDUM' NORTH CARCUNA Environmental Quality FROM Heather Coats, Beach & Inlet Management Project Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 Fax: 910-395-3964 (Courier 04-16-33) Heather. Coats(a) ncden r. oov SUBJECT. CAMA /Dredge & Fill Application Review Applicant: Dare County Project Location: Oregon Inlet extending to Old House Channel, adjacent to the Atlantic Ocean, in Dare County Proposed Project: To maintain the federal navigation channel by way of hopper dredge from Oregon Inlet to Old House Channel. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 19, 2019 at the address above. If you have any questions regarding the proposed project, please contact Heather Coats at (910) 796-7302. When appropriate, in-depth comments with supporting data is requested. REPLY: X 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 2� RECEIVED ;� I � QV> FEB 2 R 2019 DCM WILMINGTON, NC North Carolina Department of Envlronme ul Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City. North Carolina 28557 252,808tl2808 -1 1 Coats, Heather From: Bodnar, Gregg Sent: Wednesday, March 6, 2019 8:41 AM To: Coats, Heather Subject: FW: CAMA Major - Oregon Inlet to Old House Channel Maintenance Dredging, Dare County From: Thorpe, Roger Sent: Wednesday, March 06, 2019 8:41 AM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Subject: CAMA Major - Oregon Inlet to Old House Channel Maintenance Dredging, Dare County Gregg The subject project will not require a State stormwater permit. Roger Roger K. Thorpe Environmental Engineer Division of Energy, Mineral, and Land Resources North Carolina Department of Environmental Quality 252-948-3923 office roper. thorpencdenr.gov Washington Regional Office 943 Washington Square Mall Washington, NC 27889 Nothing Compares..-,,,. Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. LArU-,tatay-�g.vP-aS4"71i l 1 E A r Srfv t, Ij Ell 1 (� ,i1 ! 1 Y 'Y d f Y':9 u Tiles;VA,pny V:-�'• le 15 �rr;P�olect GQord(trar- ` ' 1 . ntsu �q tl�€.tv{u�x4rplr�rty�yu3 ! Y,!lJkGrr� Eli t'-y1+�'•t K S M fttk�'"- cad R $'iii �1 Y.9^e''t +"^��'R .� t$� T pQg .k ti a4 a a3. n e`n 5 1 .tt y t �h �ge7iLyaf �te�°Jenll��fe�ecomh�eaec�artg ✓:C.. 5L. ff ��` i' 1.k 3 '4�� a<e"7[( n" j /.�4 ... 1 z 1 s r�y��yn J" h.>•`t {y{'�� r a #p' N(.�..i{y6'¢. y y�j gy.,�r�..; eu -g4.rj b4.3w P3 f L -9 r?n �G e l , 11 +r"..j 4�4t11RV ifr 41� P�kiMllMt p �Y ,t 3 1 r �f -': k iY� s' 9 L`•nHtthgt xf ,n�.sw i yc.: �� A �t� 3 h �.. �. ti� air! c x Sy d. tH RECEIVED /�'M WIL- DVMiN'GTON� NC' ' � v z t s, x �_ dPR `0 81019 i i - � � KiotlhCaYoUtta Dst�5r(m�nfoFEnvfroR�,r1i"ia(QiialKy(01415(ol�afCoasial Mafia finenC , .ir .:-, °��x3 r9 �� tlitoi2FkadCltS'6f(kC(AbQCSmu'llMc'ee�yerl�Ia�Mb[f&CadC([�Naetli Caidlna2855j`k ?tr � - , � . n ^ f 1 1 13 '1 � L .� n e � -G q � r 4� Ss 3jT h •a .e ,� _u✓ w :P, y'i J h : `�"i"a# �---�scs-avr� a ,s, - r _.h..�....1 -,ar.• a ..'�.'.✓ z�_, b.:_» . � sc ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Dh t or February 27, 2019 MEMORANDUM. NORTHCAROUNA E FROM Heather Coats, Beach & Inlet Management Project Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 Fax: 910-395-3964 (Courier 04-16-33) Heather.Coats0ncdenr.cov SUBJECT CAMA /Dredge & Fill Application Review Applicant: Dare County Project Location: Oregon Inlet extending to Old House Channel, adjacent to the Atlantic Ocean, in Dare County Proposed Project: To maintain the federal navigation channel by way of hopper dredge from Oregon Inlet to Old House Channel. Please indicate below your agency's position or viewpoint on the proposed project and return this tonn by March 19, 2019 at the address above. If you have any questions regarding the proposed project, please contact Heather Coats at (910) 796-7302. 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 NAMY Jeffrey Rheubottom for Shannon Jenkins AGENCY NCDMF Shellfish S``antation SIGNATURI� l /c/Gf7.L 4&&O%it, DATE RECEIVED FE9 2 R 2019 DCM WILMINGTON, NC Nash Cardiria Departmem of Envhw tal Qualtty I Division of Coastal Manse Morehead City Office 1 400 Commerce Avenue I Morehead CBy, North Carohm 2M 252-80828W ROY COOPER] .rzPk�lU4 - IM1CHAELS. REGAN', 5euetwr t3RA�C7'b�C,DAVIS R✓ma+' April 8, 2019 MEMORANDUM: FROM: Heather Coats, Beach & Inlet Management Project Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 Fax: 910-395-3964 (Cour/er04-16-33) Heather. Coatsno ncdenr.gov SUBJECT: CAMA /Dredge & Fill Application Review Applicant: Dare County Project Location: Oregon Inlet extending to Old House Channel, adjacent to the Atlantic Ocean, in Dare County Proposed Project: To maintain the federal navigation channel by way of hopper dredge from Oregon Inlet to Old House Channel. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 19, 2019 at the address above. If you have any questions regarding the proposed project, please contact Heather Coats at (910) 796-7302. When appropriate, in-depth comments with supporting data is requested. REPLY: X This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. r 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. ,RINT NAM David Harris G NC _NCDOT RECEIVED DCM WILMINGTON, NO 4/8/2019 APR 0 9 2019 D_EAftZ No"11 carotmarieparcmcntorFS,vtroomenra AnaGty CD1v*rtofcoasrai M.a 9eMM '.Morehead CRgOc,i400CommeOcebvenoe,!M_oreheak-Cit North CaTUna2SW .?52808;28R8 ROY COOPER NORTH CAROLINA Governor EavfronmentalQuaUty MI EL S. REGANSeaerary r=FE92 BRAXTON C. DAVIS °1rednr March 5, 2019 MEMORANDUM FROM: Heather Coats, Beach & Inlet Management Project Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 Fax: 910-395-3964 (Courier04-16-33) Heather.COatskfncdenr. goy SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Dare County Project Location: Oregon Inlet extending to Old House Channel, adjacent to the Atlantic Ocean, in Dare County Proposed Project: To maintain the federal navigation channel by way,of hopper dredge from Oregon Inlet to Old House Channel. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 19, 2019 at the address above. If you have any questions regarding the proposed project, please contact Heather Coats at (910) 796-7302. When appropriate, iri-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 NAIVE _514d_ S;1 /k�ENCY CtO/� r MGNATURE RECEIVED DCM WILMINGTON, NC DATE tZ l / 9 MAR 15 2010 F �. �Dkg North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1400 Cona erce Avenue I Morehead City, North Carolina26557 252.808280d ROY COOPER coverna- MICHAEL S. REGAN secretary STEPHEN W.MURPHEY Director qI �mhl JU. TO: Heather Coats, Beach & Inlet Management Project Coordinator FROM: Shane Staples, Fisheries Resource Specialist SUBJECT: Dare County, Oregon Inlet Dredging Operation DATE: 3/14/19 A North Carolina Division of Marine Fisheries (DMF) Fisheries Resource Specialist has reviewed the subject permit application for proposed actions that impact fish and fish habitats. Dare County has proposed to perform maintenance dredging within Oregon Inlet and extending to Old House channel, the area currently maintained by the USACE. Dare county proposed to.construct a new dredge to be used to complete the work so that dredging can occur when USACE dredges are not. available. The NCDMF has no objection to the project as proposed project provided Dare County adheres to the specifications for dredge operation described in the 2004TONSI. Contact Shane Staples at (252) 948-3950 or shane.stanlesQncdenr.eov with further questions or concerns. State of North Cmlino I Division of Marine Rshertes . _.- 3441 ArcndellStreet 1 P.O. Box 7691 Morehead City, North Caraina 2&557 252-776-7021 env. ROY COOPER Covemar MICHAEL S. REGAN 5eaetary BRAXTON C. DAVIS Director March 4, 2019 MEMORANDUM: NORTH CAROLINA Environmental Quality FROM: Heather Coats, Beach & Inlet Management Project Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 Fax: 910-395-3964 (Courier 04-16-33) Heather.CoatsAncdenr.g ov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Dare County Project Location: Oregon Inlet extending to Old House Channel, adjacent to the Atlantic Ocean, in Dare County Proposed Project: To maintain the federal navigation channel by way of hopper dredge from Oregon Inlet to Old House Channel. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 19. 2019 at the address above. If you have any questions regarding the proposed project, please contact Heather Coats at (910) 796-7302, 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 Clif Whitfield AGENCY /—Public Water �Supply ySection SIGNATURE �✓fn�/ C�y DATE 3-4-201 North CaralM1u Department of Environmental Quality I Divislm of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 252.80&2808 RECEIVED MAR 0 4 2019 DCM WILMINGTON, NC ' 28R # v? 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S,.o J ,y�w�y♦yj:/�� r-"qre ,�* .i.'S4 "^���.w.q+p�µ,� � s.;.+- .:..:�-4` .MyMjya a : ,:;d 1 rf} y F�y+VS_Mlbti W Gi x A�4A'OwnYvh * µ C LL4Y.y1TWIY•'t�' A. 1: 1R°94-y ,lJ• � Pt� 1� + xi `1T�9av,�T,U7�z�1 �� ,.+rinicagt;olEa+Iticasx�ieStCueerilihdaic�elfds�te�Cute.'�haja�ieuGii�si i +-'�^ . +9 M .stir .1 N -s f t v i w T u", ! n saB4stkYex�#nq_ t��1�e 6fis3tugs u4 �c 3 4wdp� t Wqutec``�ittanu¢ed as the3�tii�alJr"mo��Saiige� i � .tA$ �e,�," 1 itg trr QBrru r �as�i a}q �Z Y fisn G €{.,' —4 lsr ` ' lea g 1r 'pwS#A` ql95en yiey�1A�'i�'NIi�X'du to,tvck;Er d `5.[t8m-a�}S 18' iyCf 9S�H 7Pi �� �'"`�" t _. ( i � --2 1' � g d J C'� ri i -0 9 � S✓ '� .Q ( k � d. ✓� { % 1 ^-0,y. .t <w' a dt es jc > r A'x _ 6 i x cYM Y a 1 r3 y ems- C �RkSoj'..� p' t o qA. te` '"duet i Iea�t� Y r>5s�r� Z.,'i V©ul S RECE D. 7�, a_; s+-<r av-�z d. "" 9,.^.mfi e; ... e,.S ^s� .�`. .v. .r. •.n-.a.� .,p 4?`,'qa ic .]I W-60, id to #46 ka. ig r,o IC RIT's 00 to thLo 11 - "�4 �SYTO CIMIDEM 'T 0 oR-t ccf� r &N i6AW*fPi - 4, . q wjk:� dI %I J!, geN-,_ 061h ft, t _b It, 4 UJI 0 'Mlnm6 Q a Ridded dle ht7t SlaY;'�r''i'itoab leftm law A -ler fAm uf I Wt 11 RECEN OW WMIN GTOK Ut t MAR 0 8 2019 --3 10 Coats, Heather From: Henry, Nathan Sent: Monday, March 11, 2019 12:21 PM To: Coats, Heather Cc: Gledhill-earley, Renee; Willson, Kenneth Subject: RE: Oregon Inlet Channel Maintenance Utilizing a New Privately Owned Hopper Dredge ER 19-0101 Attachments: Oregon Inlet Wrecks jpg Hi Heather, I apologize for not contacting you about this sooner. Here is a map illustrating the location of the wrecks mentioned in the letter in relation to the current channel alignment and the proposed authorized potential channel alignment if the channel happens to naturally migrate. These wreck locations are based on several older magnetometer surveys and NOAA obstruction data. I would not want to risk expensive dredging equipment on the coordinates used. I recommend that the permittee contract a consultant to perform a magnetometer survey in combination with modern GPS to positively determine the location of these wreck scatter areas and any others that have appeared since the 1980's. This is the only way they can be delineated with any confidence and avoided by the dredge. This will avoid unnecessary damage to the dredge and the wrecks. I hope this helps. The known wrecks in the inlet are probably not highly historically -significant but the tug is potentially eligible for inclusion on the National Register, due to its age, and the trawlers will become so in the 2030's. More important is the danger of striking a large metal object by a dredge or boater. Nathan Henry Assistant State Archaeologist Office of State Archaeology Underwater Archaeology Branch New: 910 2517327 voicemail nathan.henrvCancdcr.cov 1528 Fort Fisher Blvd. I Kure Beach, North Carolina 28409 acoeAtvresa+r os _.....--- NATUIUt ♦HO MTVPAL RE3WRICFS Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Coats, Heather Sent: Friday, March 8, 2019 4:32 PM To: Gledhill-earley, Renee <renee.gledhill-earley@ncdcr.gov> Cc: Henry, Nathan <nathan.henry@ncdcr.gov> Subject: RE: Oregon Inlet Channel Maintenance Utilizing a New Privately Owned Hopper Dredge ER 19-0101 Thanks Renee, and hello Nathan! Nathan, if you could send me the location info when possible, it would be much appreciated. Thanks in advance and I hope you both have a great weekend! Heather `_ Heather Coats Beach & Inlet Management Project Coordinator Division of Coastal Management North Carolina Department of Environmental Quality 910 796 7302 office heather.coats(a ncdenr.00v 127 Cardinal Drive Extension Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Gledhill-earley, Renee Sent: Friday, March 8, 2019 2:40 PM To: Coats, Heather <heather.coats@ncdenr.gov> Cc: Henry, Nathan <nathan.henry@ncdcr.gov> Subject: Oregon Inlet Channel Maintenance Utilizing a New Privately Owned Hopper Dredge ER 19-0101 Heather: I'm going to put you and Nathan Henry, the underwater archaeologist who reviewed this project, in contact with each other. That way I can't mess up any of the information that Henry says we can provide on the wrecks and area and that you just called to say you would like to have. Renee Please note, effective October 9th, my phone number changed to 919-814-6579 Renee Gledhill -Earley Environmental Review Coordinator State Historic Preservation Office 109 E Junes St MSC 4617. Raleigh, NC 27699 919 814 6579 office Nissan Mumma NC DEPARTMENT OF Mumma Mamma NATURAL AND CULTURAL RESOURCES Mason Email correspondence to anclAom this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Please Note: Requests for project review or responses to.our review comments should be sent to our Environmental Review emailbox at environmental.review@ncdcr.govOtherwise; I will have to return your request and ask that you send it to the proper mailbox. This will cause delays in your project. Information on email project submittal is at: http://www.hpo.ncdcr.gov/er/er email submittal.html CURRENT l AUTHORIZED \ CHANNEL PROPOSED DREDGING OPTIONS ER 19-0101 amP4�❑ jp Drill Rig 1981 loI Joyce 1982 Tug W.G.Townsend 1961 v 5 PANAMERICAN CONSULTANTS �. •1 SURVEV 1993 t Trawler Elizabeth Christlne199V S .s Oregon Inlet SS [o,= ^J i� Roy Cooper, Governor NC DEPARTMENT OF Susi Hamilton, Secretary NATURAL AND CULTURAL RESOURCES Walter Clark, Director, Land and Water Stewardship NCNHDE-8413 March 7, 2019 Susan Day NC Coastal Mgmnt 400 Commerce Avenue Morehead City, NC 28557 RE: CAMA: Oregon Inlet extending to Old House Channel, adjacent to the Atlantic Ocean, in Dare County Dear Susan Day: The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. A query of the NCNHP database indicates that there are records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. These results are presented in the attached 'Documented Occurrences' tables and map. The attached 'Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is documented within the project area or indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: hht nc//WWw fws aov/off ces/D rectory/i s Offi s fm9s at od =37 Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. Also please note that the NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Clean Water Management Trust Fund easement, or an occurrence of a Federally -listed species is documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rodney.butlerrobncdcr.Oov or 919-707-8603. Sincerely, NC Natural Heritage Program RECEIVED MAR 2 0 Z019 DCM WILMINGTON, NC DEPARTMENT OF NATURAL AND CULTURAL RESOURCES (f) 121 W. JONES STREET, RALEIGH, NC 27603 • 16151 MAIL SERVICE CENTER RALEIGM NC 27SW OFC91M707.9120 • FA%919.7072121 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Intersecting the Project Area CAMA: Oregon Inlet extending to Old House Channel, adjacent to the Atlantic Ocean, in Dare County March 7, 2019 NCNHDE-8413 melodus Coast subspecies N Common Tern 2007-05-28 F 3-Medium --- 16259 Caretta caretta Loggerhead Seaturtle 2017-09-01 C 3-Medium N No Natural Areas are Documented within the Project Area Areas Documented Within Project Area' - NOTE: If the proposed project intersects with a conservation/managed area, please contact the landowner directly for additional information. If the project intersects with a Dedicated Nature Preserve (DNP). Registered Natural,Heritage Area (RHA), or Federally -listed species, NCNHP staff may provide additional correspondence regarding the project. Definitions and an explanation of status designations and codes can be found at httos//n nhd .natur s ry .ora/ ont nt/h In. Data query generated on March 7, 2019; source: NCNHP, 01 Jan 2019. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. i Page 2 of 6 I' rf Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area CAMA: Oregon Inlet extending to Old House Channel, adjacent to the Atlantic Ocean, in Dare County March 7, 2019 NCNHDE-8413 Documented Within a One -mile Radius of the Project Area Assemblage Animal 36352 Waterbird Colony Assemblage ArrimaT 12044 Waterbffd 0616 y Erf1 ge _.___ _.�� Animal 9223 Waterbird Colony Assemblage Arnmal 8K nblage_ Bird B rd Bird Bird Bird Bird 36345" WaferbTWC616Ay --- 20T4-M20 -- 2014 06-06 602 Charadrius melodus Piping Plover - Atiant�c melodus Coast subspecies 13603 " Cht6radlus1neldid6s "MltiV g"Plover - Atlantic rnlodu ,,,,,, _ m. , Soascubs ecies /210 Falco peregrinus American Peregrine anatum Falcon 36353 erh 12865 Gelochelidon nilotica Gull -billed Tern 36346 G' 26011 iaematopus palliatus American Oystercatcher Bird 27341 Haematopus palliatus American Oystercatcher Bird 36356 Hydroprogne caspia rn Bird 36347 Hydroprogne caspia Caspian Terr. Bird 1 Rynch•` lack Skimmer' 2015 '2013 1986 2007-06-01 200I-O6-T. 1993-06-25 2007 2007-06-01 2007 1992-07-01 988-06-0/ 2009-06-10 Page 3 of 6 3-Medium - -- A """3-Medflui'i °--- GNR S3 X 3-Medium- - _- E 3-Medium Threatened Threatened G3T3 S1B,S1 N n 4-LUW --- CIIUOIIjCICU VYIY JIV,JG N F' , F 3-Medium --- Threatened GS S1S2B C 3-Medium --- Special GS S2S3B, Concern S3N F 3-Med' D 3-Medium --- Special G5 S2S3B, Concern S3N F 3-Medium,, X 3-Medium --- Threatened G5 S1B,SZ N F 3-Medium r MAR 2 0 2019 DCM WILMINGTON, NC Element Occurrences Documented Within a One -mile Radius of the Area N �r�Q '_ Jb J425 F'CYn(.nVpS rilger e' olal.K JKll nlllere, F.4' I��J vo eJ 1 =+Tn � !� J I Ieulul 11 �' �¢: J�UCUaI - VJ JGo:JJ i;Gor Bern N Bird 25745 Sterna hirundo Common Tern 2007-05-28 F 3-Medium Endangered GS S2B bird--3�6,Z4 Sterna hirundo Bird 16164 Sterna hirundo Common Tern 2009-06-10 F 3-Medium Endangered GS S2B pi� 3-69 Ster' na fiirundo = - 9 @ommon,Tern =- 1993 06=25 X"Medium ndanger CS 7 Bird 35643 Sterna hirundo Common Tern 2014-06-06 C 3-Medium --- Endangered GS S2B Ind a 2fi70 Sternula anfilfa'rum Least Tern 20(4 t50 C 3 R1e lum F - pedal 64 5� :t. s �_ a ,. ,1x +ram �k.'�� �..... sa ,e -d Concern. Bird 19273 Sternula antillarum Least Tern 2014-06-20 A 3-Medium --- Special G4 S313 Concern Freshwater Fish24087 Acipenser Shortnose Sturgeon 199� brevirostrum reshwafer Fisi24086 Acipenser Shortnose Sturgeon `' 799, brevirostrum Freshwater Fish32417 Acipenser oxyrinchus Atlantic Sturgeon 201: oxyrinchus ammal""' ; 35z peromyscus leuco" pus Pungo WITEe-foot" ee �20, east! ..'Deermouse Mammal 841 Trichechus manatus West Indian Manatee 2011 caretta Chelonia mydas Green Page 4 of 6 Low E S=Very : noangered Endamgere G3 ST .Low ti E 4-Low Endangered Endangered G3T3 S2 Low 3.Medwm Threatened Threatened G S3B'S3 3-Medium Threatened Threatened G3 S3B,S3 N Low N Element Occurrences Documented Within a One -mile Radius of the Area 4" in Diamondback TerraT Reptile 6729 Nerodia sipedon Caroline, Wate,snake 2003-05-30 . Vascular Plant 23026 Potamogeton illinoensis gloriosa P&ls6 d"Nait16r1 fe'RefU§@Pegistered Heritage Area Grass 1971-08- Yucca Area Area u Concern Special Concern F1 4-LUW --- c1lucul�1VI tU VJIJI Ji 40 y�5. 'it C 2-High stffr�tty�s i H 4-Low --- Significantly G5 S1 Rare Disiunct 2-High --- Rare Peripheral Definitions and an explanation of status designations and codes can be found at htt = I/ncnhcie.natureserve ora/contenL/help. Data query generated on March 7, 2019: source: NCNHP, 01 Jan 2019. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. RECEIVED Page 5 of 6 MAR 2 0 20?9 DCM WILMINGTON, NC rti 3: n-I I PC W North Carolina Wildlife Resources Commission Gordon Myers, Executive Director MEMORANDUM TO: Heather Coats NC Division of Coastal Management FROM: Maria T. Dunn, Coastal Coordinator Habitat Conservation Division DATE: March 22, 2019 SUBJECP: CAMA Dredge/Fill Permit Application for Dare County c/o Robert Outten, 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 area is within the federal project of Oregon Inlet and associated channels near Nags Head, 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 glean 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, Dare County (County) proposes to perform year-round maintenance dredging of the federal navigation project the US Army Corps of Engineers (USACE) currently performs. The County states the maintenance would not be in addition to but compliment USACE maintenance efforts. A yet to be constructed private dredge would perform the dredge activities between the southern tip of Bodie Island and the northern portion of Pea Island, including the ocean bar channel extending offshore and the connecting channels and waters on the Pamlico Sound side of the existing Bonner Bridge. The USACE in 2004 received a FONSI to perform the allowed dredge activities year-round, in part to the type of dredge the USACE uses to conduct the activity. All aspects of the USACE project would be followed by the County, including dredge dimensions and disposal area. The NCWRC has reviewed the request for year-round dredging by the applicant We understand it is the goal of the County to perform the maintenance activity as the USACE has in years past under the 2004 FONSI. The NCWRC would not object to this allowance only if the yet to be constructed private dredge is designed to perform as the USACE special purpose dredges, the Currituck and Murden, perform These design specifications include draghead size and design, draghead suction, draghead openings *dsuction. Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-17ZI Telephone: '(919)707-0220 • Fax: (919)707-0029 G LU19 DCM WILMINGTON. NC 4 t�� t a su S f��a '3 Inpe, gngth The dysigo d of tho Gaartuck and Mtuden have shi L.1 , sea tanks during pp gt<oix I ,the new edgeoamiotbe destgnedio tl a same f a1 f,r"+� ! l 1 L, a ram' a t the iCV CY61 rnr�'szt ort, lm r d mam%hi& a uoies 4�e'EiylerFkG31[ a J.-J a 1 �`®How' cvc r; t msurc th6l. t o be cons( wdird,- de(�f�'x 'g, ( rLsaitation *&, ,USACEX World to compare a p 45e¢ de§igd speciE :f". 1 rtp ,„t ' rtia box ted after cans'"cnoo to uuacmalseaxxhutle mtpacts 2Lis'i toxz�u ONS$ t1?ea EY r s gjp °E g_ , , T;�'cvtquldhaveimitlntl,oithd, WJiIl Y'j'Ci1ri00041IOatl tltCllallCaCtlVliitX trt c ptol�ta;es`vt6 regard to set tn[tle-u�acts .Ifra$cr n3aintennanoe aeviices crn a , ,determined the activity affects listed L tes suGb as seaturtl ors}iorebuds ;i rotadactr I s4outd'bereconsidc7al , pioposod.e iansioli� r `cyAp'' W. ) is ;' -t • need addi6oaal ze�ne�w4 We reggest' placement on a managaibid w i.3a.9 .!' i pasta;t cyltati94w.!fhoiu�ageucy ntuw to msure�bestmanagamentpL l W r ., M " We iat&theo loic oiCumt ,vi andcommeaianthvs kwfEapphGati 5` asssstance or'addiUonal uiformahon ;pl ase contact meat ( -2� 94$ 391-6 or'a 1 mana dunu ancwddh lc- rg I j1a' I„ •, sar T'i. a , :"1 41,. 20l' ®, s' a IV ULL: 1�1G1LV![aµ_ iistiat d b ;�de$tga; dba rogo lnlot, -.i':a..... , J0 -; - Coats, Heather From: Pelletier, Josh R CIV CESAW CESAD (US) <Josh.R.Pelletier@usace.army.mil> Sent: Tuesday, May 21, 2019 1:19 PM To: Coats, Heather Subject: RE: [External] FW: Oregon Inlet CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.spam@nc.gov<mailto:report.spam@nc.gov> Heather, That is correct. None of the resource agencies had an concerns with the scour holes and as its part of the Corps plan and dredge box, it was still considered a maintenance activity. So right now, it is a part of that plan. I have no reicved anything other than the updated map that showed those int!al changes to the plans. 1 will request some final plans from Brad here in the next week or so to see if they have had any changes on their end. -----Original Message ----- From: Coats, Heather [mailto:heather.coats@ncdenr.gov] Sent: Tuesday, May 21, 2019 1:10 PM To: Pelletier, Josh R CIV CESAW CESAD (US) <Josh.R.Pelletier@usace.army.mil> Subject: [Non-DoD Source] RE: [External] FW: Oregon Inlet Okay- thanks, Josh! So the scour hold disposal is remaining in the application as initially proposed and the only changes were to eliminate dredging around "The Crack", Manteo Range 17 Extension and Old House Range 2 channels? And to confirm that nearshore disposal area is located between the -10' and -14' contour along Pea Island? Did you receive any updated plans for those changes other that the Figure 1 Brad sent with their initial response? Thanks again! Heather Heather Coats Beach & Inlet Management Project Coordinator Division of Coastal Management North Carolina Department of Environmental Quality 910 796 7302 office heather.coats@ncdenr.gov 127 Cardinal Drive Extension Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. -----Original Message ----- From: Pelletier, Josh R CIV CESAW CESAD (US) [mailto:Josh.R.Pelletier@usace.army.mil] Pr. % Sent: Tuesday, May 21, 2019 1:01 PM To: Coats, Heather<heather.coats@ncdenr.gov> Subject: RE: [External] FW: Oregon Inlet CAUTION: External email. Do not click links or open attachments unless you verify. Send all.suspicious email as an attachment to repo rt.Spam@nc.gov<mailto:report.spam@nc.gov> Hey Heather, I am finishing up my first draft of the EA. IT will probably be a bit before the 408 review is done. We don't have any further issues with the scour hole disposal area as Dare County, and our Navigation folks have some pretty good reasoning for utilizing that. As far as I know, all of our issues are resolved unless something pops up as I am finishing the EA. How about you guys? Josh -----Original Message ----- From: Coats, Heather [mailto:heather.coats@ncdenr.gov] Sent: Tuesday, May 21, 2019 8:19 AM To: Pelletier, Josh R CIV CESAW CESAD (US)<Josh.R.Pelletier@usace.army.mil> Subject: [Non-DoD Source] RE: [External] FW: Oregon Inlet Hi Josh, Can you please.give me an update on where you all are now on this? Have you resolved the bridge disposal issue or are you still working on it with the applicant? Thanks in advance for any info you can provide, Heather Heather Coats Beach & Inlet Management Project Coordinator Division of Coastal Management North Carolina Department of Environmental Quality 910 796 7302 office heather.coats@ncdenr.gov 127 Cardinal Drive Extension Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. -----Original Message ----- From: Pelletier, Josh R CIV CESAW CESAD (US)[mailto:Josh.R.Pelletier@usace.army.mil] Sent: Thursday, April 18, 2019 1:11 PM To: Dunn, Maria T. <maria.dunn@ncwildlife.org>; Twyla Cheatwood - NOAA Federal <twyla.cheatwood@noaa.gov>; Coats, Heather <heather.coats@ncdenr.gov>; kathryn_matthews@fws.gov Subject: [External] FW: Oregon Inlet .E . e CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to repo rt.spam@nc.gov<maiIto: report.spam@nc.gov> All, See the below response from Todd Horton of USACE Navigation Branch. Dare County is still requesting that they use the areas at the base of the terminal groin as well as areas under the old Bonner Bridge as disposal sites. As you can see in the email, these areas were not utilized by the Corps and thus not covered under their 2004 FONSI. So these are "new disposal" sites and will be treated as such moving forward. Before I go back to the county I wanted to see what resource issues you guys had with these areas. I will be digging into the existing and new SARBO to see what ramifications this has as far as being covered under that authorization. Thanksl Josh -----Original Message ----- From: HORTON, J TODD CIV USARMY CESAW (US) Sent: Thursday, April 18, 2019 12:59 PM To: Pelletier, Josh R CIV CESAW CESAD (US) <Josh.R.Pelletier@usace.army.mil>; Owens, Jennifer L CIV USARMY CESAW (US) <Jennifer.L.Owens@usace.army.mil> Subject: RE: Oregon Inlet Josh /Jenny, Navigation Branch has reviewed the applicant's responses to the public comments, and we have the following feedback. All seem to be resolved except Item #1. Here are our comments on each. Item 1- A 1200' portion of the Bonner Bridge on the Pea Island side will be left as a recreational fishing pier. The Corps has never placed dredged material adjacent to that section of the bridge nor has it place material adjacent to the Pea Island terminal groin. Navigation Branch has no issue with placement of material in those areas, because we do not believe this material will impact the federal navigation channel in any negative way. However, we should keep in mind these are "new" placement sites that have not been previously authorized or permitted. Item 2 - Navigation has no issue with dredged material being placed in the -10 to -14 foot contour along Pea Island. Figure 1 has been updated to reflect this change. Item 3 -proposal has been modified to remove dredging within "The Crack". Figure 1 has been updated to reflect this change. Item 4 - proposal has been modified to indicate the western most dredging can only occur within Old House Channel Range 1, and not Manteo Range 17 Extension or Old House Range 2 channels. Figure 1 has been updated to reflect this change. Item 5 - Applicant agrees to perform bathymetric surveys prior to each dredge event to determine "best water". Just needs to be included as a permit condition. v/r, Todd Todd Horton Navigation Branch Deputy USACE Wilmington District Office: (910) 251-4067 Cell: (910) 685-3269 -----Original Message ----- From: Pelletier, Josh R CIV CESAW CESAD (US) Sent: Thursday, April 18, 2019 9:43 AM To: Owens, Jennifer L CIV USARMY CESAW (US) <Jennifer.L.Owens@usace.army.mil> Cc: HORTON, J TODD CIV USARMY CESAW (US) <James.T.Horton@usace.army.mil> Subject: FW: Oregon Inlet Hey Jenny, " Just touching base on this again. Let me know what you need from me to get things rolling on your end. Please let me know if you have any questions! Josh -----Original Message ---- From: Pelletier, Josh R CIV CESAW CESAD (US) Sent: Wednesday, April 10, 2019 1:44 PM To: Owens, Jennifer L CIV USARMY CESAW (US) <Jennifer.L.Owens@usace.army.miI> Cc: HORTON,1 TODD CIV USARMY CESAW (US) <James.T.Horton@usace.army.mil> Subject: Oregon Inlet Jenny and Todd, I hope this email finds your week going well. As you know, Dare County is requesting a permit from us to maintenance dredge portions of the federal project in and around Oregon Inlet. We solicited public notice comments and we received some great comments from you guys as well. Attached is Dare County's response to those comments. Some of their disposal options, I think, are outside the scope of current work undertaken by you. I wanted to get your thoughts on that. Jenny, what would be the best way to begin this process with you as far as any 408 concerns? Please let me know if you guys have any thoughts or concerns or if you need any additional information from me. Thanks and I look forward to hearing from you! Josh Pelletier Project Manager US Army Corps of Engineers Washington Regulatory Field Office 2407 W. 5th Street Washington, North Carolina 27889 Phone: (910) 251-4605 Email: josh.r.pelletier@usace.army.mil We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is located at: Blocked Blocked http://corpsm a pu. usa ce. a rmy.m i I/cm_a pex/f? p=136:4:0 Thank you for taking the time to visit this site and complete the survey. 0- Coats, Heather From: Wojoski, Paul A Sent: Tuesday, May 7, 2019 2:05 PM To: Coats, Heather Cc: Rosov, Brad Subject: RE: Dare County Oregon Inlet Channel Maintenance Project 401 Certification Hi Heather/Brad The intent of the language in Condition #2 of the 401 is that the dredging is authorized for this event and for future events, provided that, for future events, removed material is within the dredge corridor outlined in the application (and Corps public notice) and the volume stays below 125,750 cy (per event). For the future events (within the corridor and under the volume limit), notification to DWR is required but a formal permit modification is not. Only when the future event is planned either 1.Outside of the dredge corridor or 2. In excess of the volume, is a formal modification to the 401 triggered. Hope this helps. Please let me know if further clarification is needed. Best, Paul Paul Wojoski 401 & Buffer Permitting Branch Division of Water Resources Department of Environmental Quality (919) 707-3631 office Pau l.Woioski(&ncdenr.gov 512 N. Salisbury Street (Archdale Building), Suite 942-F, Raleigh, NC 27604 1617 Mail Service Center, Raleigh, NC 27699-1617 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Coats, Heather Sent: Tuesday, May 7, 2019 1:51 PM To: Wojoski, Paul A <Paul.Wojoski@ncdenr.gov> Cc: Rosov, Brad <Brad.Rosov@aptim.com> Subject: RE: Dare County Oregon Inlet Channel Maintenance Project 401 Certification Hi Paul, I just wanted to follow up on my voicemail last week regarding the 401 authorization for this project. Brad called me with concerns that it appears to be written only authorize a volume for a single -event (125,700 cy) and hoped for some clarification whether future maintenance events will require additional authorization or if they are covered for all maintenance events that do not exceed 125,700 cy (provided they submit prior notification as conditioned). Any clarification you can provide would be appreciated! I've copied Brad on this as well to help streamline communication. Brad- please just say so if I haven't characterized that correctly. Thanksl Heather Heather Coats Beach & Inlet Management Project Coordinator Division of Coastal Management North Carolina Department of Environmental Quality 910 796 7302 office heather.coats(o)ncdenr.gov 127 Cardinal Drive Extension Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Wojoski, Paul A Sent: Monday, April 29, 2019 7:14 AM To: kenneth.willson@aptim.com; outten@darenc.com Cc: brad.rosov@aptim.com; Coats, Heather <heather.coats@ncdenr.gov>; Pelletier, Josh R SAW <Josh.R.PeIletier@usace.army.m!I>; Bowers, Todd <bowers.todd@epa.goy> Subject: Dare County Oregon Inlet Channel Maintenance Project 401 Certification Please find the attached 401 Certification for the above -referenced project. Please reach out with any questions. Thank you, Paul Paul Wojoski 401 & Buffer Permitting Branch Division of Water Resources Department of Environmental Quality (919) 707-3631 office Paul. WoioskiCcDncdenr. aov 512 N. Salisbury Street (Archdale Building), Suite 942-F, Raleigh, NC 27604 1617 Mail Service Center, Raleigh, NC 27699-1617 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. 2 %NORTHCAROAN" z ROY COOeER, En►9ranmentefQualtry, Ggye: rrw,- MICHAEL.REGAN'' seaerwy ., UNDA CULPEPPERi Apri(26; 20191 D1NTr k 20190i6d Dare Cci Mare County . ATTN M'r. Robert utfen 154 Marchall C Collins ,rjve Manteo, NC 27954 • v A royal of Indniiduai 40L WaterQuaiityCertiHcation with'Add SubTect {pp ttional ContlitTons - Dare;',County Oregon Inlet Channei,Matntenance Project Dear. Mr'Outten ;- :" _ #AUdLIICY IIC[,i Dare County;. o-r•,Secttom 10. Management .Divlsion`6 Cc Permit (or not limited,to) Sediment and'Eroston'Controi regulations. - This a -,pi-.oval and Itscondttions:are- finaf:and l >.Mr. RobeirtOutten,and •il; the correspgnding 464 id the Coasts) Area is) isissued bythe'NC ' ny.otherfederal, state ar those regwredl by (but ulnu+a+.lra+gcy arw:,�ralm aupw+r-rr.owraupu idmg unless contested' This Certification can be contested,as provided In General Statute -150B by filing a", written petition for an administrative heanng to the,Office'-of'Administrative Heaiings•.(h'eieby known; as OAH) within sMv.,(60) cafendar'days;: = A petltion.form,lnay, be obtained from the.OAH at;htto://www.ncoah.com/ or-by'calhng th'e OAH; Clerk's Office at (919) 431 300.0 for information Apetition Is consid'ere l filed when the original . and one.(1) copy along with any: applicable OAH filing fee is.-eceived in the OAH .during normal' office, Hours (Monday 1 tough "Frldag., between .8 0D5rri,'7ahcl S:OOpm, excluding official state :holidays): RECEIVED • -E.��� APR 2 9 2019 MP SECTION WIRO ' - - Nbrth Camfina70epaKmentbtEnvirMmentafQuatn'yl Orv151on of WaleY.ReSources , _ 5 2NdfthSalisWVtreetllW Mah Service Center j Raleigh _NaM Carolina'2m0i� ' 3919707.90001 ire COUnty OregArt,inlet'Chahnet Mafntenanee`PreJecC'i" DgJRN`0190264' " Indiy dual00ifi4ti0fil, Q9041$8 , P.age2of9 _ Tfie petltron ma'y,be,f�xed tsr thie OAH ap ta919y 431-3100, provided the=anginal and one cp"py of . ' . =the get ition'atotig'Witfi any'apphcable,OAH filing -fob lis received byahe OAH'--Wthin five (5j business;days fol(ov�tirig thefaxeil tran3misslorr:, fUlarling adtlresSfoNtF'e OAf° ,1 4 ffsendrn9<vrp tlSPgsta15""' cb" If sendengawa del+`reryseni; e'{flPS; Fedfx, etcls d ffce of Administrativg Hear *.' :OffiGo rtf AtlministratNe Hbari ngs; 674• Mail Service Center 1711.Kevi7 Hope;Cf ucch Road ' Ralergh, NC27R99 6714" -Raleigh, N� 27609-6285' One (1) cope of the petition.must also be served to DEQt; ' , -s Wdham F Lane;:General Counsel, - ' _ `• i - _ _ Department of•Envvonmerital Quality 1601 Aifait ServicesCenter Raleighi,fVC 27699 1601 Unfess sucfi:a pet*h t filed; this [ertificatran 3hali he final and b�riiling. '- Thii certification completes th'e t'eurew ofthe DlviSiin untlersection40I of the'.Cfean Wete`r Act ' :and i54.NCAC 02N .0500 Contact Paiil`Woioski,at 919 707a3631 or'Paul.Wo osid@ncdei3�ieov meat karenhiasms@nctlenr Qovtifyou fiaye any:q'uestions:or.concerns . , = - v Karen Higgins; Supervrsor : 401 &Buffer Permitting Bunch' . cc;; Mr;.Kenneth Willson, ARIM (vta.email) Josh Pelletier, WSACE IMashrngton :Regulatory.,Field Office ToddBowers;,"EPA (via bowers toed@epagovj ; NC'Division'of Coastal'Management NC DWR.WaRO NC DW. 40t&;Buff4euP ' Mi tmg Branctr file I Fleriarnec 301963640aieCoarityC�regoriinlet(6ar0}_40T IC cl`+' individual dertificationiWdcd 407 P3ge13. of Sit NORTH CAROUNA 401_WATER,,QVA9TYCkRTlFlCATION CERTIFICATION'#WCC(OO418gis,issi[edinconformityrrients cifSection 401-j. withAhe require and Regulations.: in f$ NCAC, 62W6900arW45A NtAC'029.0200jo. Mr. Robert Outten and baro County ;N C, whahaveAuthorizatfon forthel impacts listed 116!-Q"W",js,described within your -Coastal Area. N46naprnentAct,(tAmA)ap plidation tedo!Vdd-by.,.thk-.N.C..D!Vi"sioh,of WatbfI16bbric" (blvislon): on Febtuary,261019; Public- Notice- issued by'the US.-Arrny'Corps of -Engineer's on Fdbruary 4, 2019. . I The State ,of'North Carolina certifies thatthis,activity will not violate the.appilcable portions of., Sec,tip'm 3b-1. 406; of the, Public. Laws, 9.2.-.500.arld, P . L95411 if conducted In; accordance wi.th.the application, th-els-upporti-ng,dqcume.ntation,,an-d conditions hereinafter set; This you.to follow the conditions ils.ted�-in'the,certification''be-lbAr,c, . Conditions of ertiflicailon: 1. IrnOdcts A00rdv6d, Thd4dIdWirigImpacts, asAetailedIn ydur,Jafivary 2019 CA MA Majoir' Application b d peovidIddIh4tall of the other specificrand,general! - .,arehere yapprove conditions dfthiiCeitifiedfi66-(oeisolated Wetland Permit) are met. No otherfimpapts are qpprovqd,_ i.nclUdingincideriflal imppcts.. [l5A7NC-AC.02H,�'.05Q6(4)'..pno/or (c)]; •Type of'impact Amount..Approvgdlunits) , Plan Location or Reference; opeh -Permanent, 125750 (cubic yards). B jgurelof US ArmyCorps of Water/Shillow Bdadifi Dredge . 1-145;550i i5qquare feet) -t e6t) 1­1 1 Engineers ,Public--Noti6e. Dated,2019' Proposed Corridbr:Footprint February4 i, Cohc#otuaI Aooroval,`of EventsI Proposed .inthe Dare County Ciree'dil Injet'dannef, Maintenance Project and Notification lIdgiArehiefit TM.Divislon approves the Uare County. Oregon Irilet.Chbrinell Mainterianee Pr6ject.and the. anticipated futureAted&g and material plicernentas described in.the plans. The -Division rdcognizes th6-puepos&of the projb.d is to dredge in the s6memanner and. under th-eAame conditions is What is"currently authorized for the Wilmington'DistricLCorps of Engineers (Corprs)rpq qdrm maintenance dredging mithi n thew.atert in proximii0o Oregon liniet',as defin.e . d'i.n,t.he:torpe-2.0�04,FinO.ingpfN6,5I n filcant, impact (FONSI) entitled,?Vse, of Government Plant: to Dredge in Frdemlly Authorized . 9qiIoq#r'bjqe4In North Cgrollnai" The dredgingg0imensions-of the current Corps authorization,includ6 a.14-feet deep:by,400- feet wide channel ihrough-Ciregomolet and the ocean bar. ;An approximate 16,0- - go. fooflong r 6 poirtion of a ch"annefir. County: bare Caunty'bregon inlet;Channel_fviaintenanEgProjeet OWRN 201902$4 Individual`Certiticatioti:'NW.QC004188 ' Page a df 9 eil's"Gate (12-fe'efdeep.by io feet wide and k survey'will be performed prior to each dredge;e"vent in an effort to,-determinethe locatlon af,A"" the.best'water forthe channel, For the proposed project;;a "dredge corridor" has been, developed andserve as -the domain 4 which dredgmg_Gould be perf_o_rmed in the fukure;, Priortq nitlating;anyfuture;phases orprojects gutlmed in he plans a notification shah be;, , submitted to the,Division of" ter, Resources. Prior to_initiating'anyfuturephases'or-projects'outsid"e ofPropdied'Cha—h e61, rridor' ("dredge corridor"), shown in Figure 3;of US ArmyCorps of Engineers PubilcNotice Dated' = February"4, 2019, a request.to rnodify this 401 1Nater Quality Certification shall be submitted -withth appropriate feetn the Division of -Water Resources for review and approval. •,[15A , NCAC`02H .0506(b):and/on 3;: All construction aYivitiesshall berperformed and maintained in fulhcgmpliancewitkcany p rmit s _Issued b the KC. Divlsfon of toastal_Management. 4., All constructl0n activitlesshall be performed;and maintained in (61 cgmpliance with .G<S. Chapter 118A Article 4 (Sedmenf'anrl Pollutl'on'ControCPct of 19Z3); 5a ; The permittet and their contractorshall invite the Division of Water Resources to thepre- construction conference prior t0the,initiation of.`any, activities.authoriied by this certfitatiorr, 6. Any monitoring,d'redgingor;asbuiltsurveysrequfredbytheUSArmyCorpsofEngineers shall also be provided to the.:Division;of Water'Resoum8[15ANCAC 02H,.0502(f)] 7. The Permittee shall ad here;specially to 15A, N ,AC 02.B_;0221 Ldal Salt Water Quality for. - Class':-SB Waters (3)(g; range 4etween.6.9 ar result of;natural;cond excee415 NTU; ifiurl existing turbidity leve 8.. Thisapprovalis,forth 'the'Ru is Notice'.�Tfi( andarean entgrceab notification',to DWR a fee:. [i5A'NCACO21-1'. 85',except that swamp:.waters may have :a, pl as low. as 4 if it is the:. ons; C Turbidity the turbidity -In the receiving water shall not: lity'exceeosihis level due to natural background conditions,, the, hall not be increased. [i5A NCAc WB:.02211' 36rpose and, design descdbed:in your applicitionand as,described.iii; labs, and specifications for thisproject are ncorporatedby reference; part of the Certification., -Any rfiodificatio6sito the project.require I may, require an.applicafion submittal to DWR with:the appropriate- 0.1 and-_0502]' Diir& MWntiihAnE,;xWdjecf 6WRM 2011k" IndWdual Ce lcadbn iwdC66488 Page:5 of I., No waIste;,,sp4[1,,5qRdI,s, or fill of a klnd.shall occur Inveilands or waters beyond. the, any - , , . � occur - . - � , _. . - � -, . - - ey.0'. _. footprint of the impacts (including temporary-limpacts) as'auihorilzed Under this, Certification. COAAac 624 4041,arid`,O5&I io. Whim applicable, all construction activities shall:.be performed''add maintained in -ML cbrAollibcd WitWG.S.- Chapter 113A,Aftitio.4i,(S6ditfiL-fit:jrfd P61lutiorf Control Actldf 1973 Regardless of'applicability of theSedimOnt and PollUtI66 Control Act, all prqjdds shall incorporate appropriate BestMaiiaftdih6'fit,PeiictiiE6sf.br"th6e6litroI of s4difirierit and'erosion -0-1hat fib violations of state,water quality standards, statutes,: or rules occur, [EA NqAC P".14506](b)(3).-and (c)(3) and,154,0CAC'026.02001 Design; Installaii6ni,operatforij and maintenance of all sedirn-Ot and :erosion control measures shall r equal n the most,recent,yers" ,be . qplto or exceed the,requkerne is,specified in jon of. the North Carolina Sedirmant and Erosion; Control, Manual,- or, for linear transportation on projects,'the NC66tSedzmenuand Erosion cbritroWanual. All devices be:maintained on,all cbristrUctfori.sitesi,b6fird - wtsites, a . n A waste Pilo (spolq sites,` including contractor -owned or, leased borrow, pits associated with the project. -Sufficient materials ire ,qPired fof-stabilization and/or fb0air-cif erosion control measures. and stornfWater routing,and-treatment shaillbe.on site at all th-nes. For borrow sites, the, erosion,aryd�sedim-ent-corit.rol,,measures all be designed; installed, _ . Plit, .. ... .. operat.ed,,ap# ma!pfja4qe,;l in -accordance W(th.,ihe most recent version of th.'e-Alpith Carolina Surface Mining Manual. Red mation-me-asuresanO ImplementatiIor-sha,II comply with h the IAc t: and the MiningAct It the project occurs In Watea orwat&-sheds cIdssifiedJas Pr'imary.Nurs6ry. Areas. (PNA's), SA, WS4, WS711,, High QuWitilWaterg (HQW),g or Resource .-Waters (!DRW),tKeh'the: sedimentation and: erosion control designs shall corn ' Oly with the requirements set forth in ISA NCAC 048.0124;.Ddslgh,Stdndard§ 1h SensitiveWat6f9hed. 1 11. S6dlment and erosion;control measures shall not be -placed in wetlands or waters. F?ccep ons to this condition require a pliIca..t...i.oIn"-su­bmi­tt­a[to and,written approval by the, - Divisf6m If placement of sedi'ment,andlerosion control devices in wetlands and waters is unavoidable, then design andplacerrilkot.,of iemporarlv-e,r.osion,Contro.11m.eas.ur.es slhall,ript. heconducted uctedAh.a_ manner, that may res-ultn- .idiseq I uIllbrium of,weilandIsj stream beds, or banksPadfacerit toorupsixearn-anddownstreaM Ofthe above structures. � Allsedi'mentand ;erosion control devices- shall. , be removed and theSnatural grade restored Within two'( , 2) months of the date t hat t he.Divislon-of Energy, Mineral and Land'Rewuricesl(DEIVIL11) or focally qgir ,. ; " ', qa�e County OregoA Inlef-4hanneLMATittenance?Project� , ' DWR#:20190264 individuarCertificaiion #WQE00418& Page'6! 9 22' AncNPDES Constructwn Stormwater Permit is regwred for'consfructi on projects that;dfsturb; ' one (1)'or. more, acres of land. This.Permit allows•stormwater to be:discharged.dunng:Iand disturbing constructwn activities as stpulater fn;the conditionsfofthe pemlita 'If your ` prolectiscavered`-try this permit, full compliance'with periniroopditons irictudingth�- erosion.& sedimentation cantroi plan' inspections and maintenance;:self-monitoring, record'. keepmg,and reporting rggUirements(s required :� copp pfthe general permit (NCG610000), inspection logsheets, an'd athet information may be fountl all htto.T/aortal ncdenr oreJweb/wa'/ws/su/npdessw#tab=w. ". 13. Construction Moratonums:a6 CooMInation 'lf:activities-must occur; during periodsof high biological activity (:e sea tujtle nestirig, fish spawning or Bird nesting}, then biological;" monitoring may be required at ttie request ofotlier state:o� federal,agenc_i_es and . eoordinated'With these activities. All moratoriums on'construction activities established bytteNC Wildlife Resources, Commfssion:(WRQ US Fish -and Wildlife Service:(USFWS), NC Divislon of Marine Fisheries' ;(DMFj,ior Natwnal,Manne f sheries.Service (NMFS) to lessen impacts pn trout; anadromous. fish, larval/post-lary ii fl'shes-and crustaceans, or other aquatic species of.'concern'shall be implemented Eic eptionstoahiscondition,requirewrittenapprovalbythefopogrteagency' respons'ibleforthe:'given;mo"taLoriUm. Work within the twenty five;(25) designated trout cm,nties:or identified state.or federaP ,endangered or threatenedspecieshabitatshall`be coordiria_ted with'the appropnate.liVRC USFWS :NMFS,;`and/orDMF'personnel.-_; ' 14sh Cosiires. The ef�6eht water from the "not betel asied into open she!lifish (waters , hfi hellSanitat ana d the D v soon of VVa Qou)di Quality must be notified if thins to occur 5. If concrete is used during the,:consttucdon; then all necessary measures shall,be taker' to. prevent direct contact between uncured'or curing concrete;and-waters of thestate. Watch due to thvertenily cQOacts, uncured conerete�shall not be;discharged'to Wate'rs,af.the. late that,inad e pot ental'for'elevated"pH and possible aquatic.life/fish kills MAlhtemporary. fill and culverts shall be femoved and the`iriipacted;area r'eturned to natural conditions, within O days o Ahe determination.that.the temporary impact:is no longer_ . . necessary 'The impacted areas shall be restored to original grade, including each stream's oti,$inaI.cross. sectional tlimensians;.plan form pattern, and iongdudirlal bed and bed profile;: and the various sites shall be_stabiliied,with n_aturalwoody vegetation (except approved h a . maintenance areasyand retQred iq'pevent erosion':, DV/k#:201902614 in.dMid4a(ceolfica,elon, 17. Al[tempqrpry:pjpps/ culverts/nprap pads ptp,sliall-bg.installed in all streamsas outifned in the most receRt edition ofthe North CarolinasedimentandECosiall,Control Planning ai)d, Des is-eiq ilibrI ui lum. MAll.mechanizedeq uipirniefintoperated near.stirfacie watetsshall.belnspettiJd and maintain' ed regularly, itiel§,lubildifits, hydrduliefluidg, to,',prev-64t�contam' iha&h-jDfsar4c6,Wate-e§- from f or-'ather, toxic matteriak. Constructiort'shall be staged in order to minimize the expqsurd.of, ,e4uip-rh'O6t,td sutfaceWiJiteles to.1he rnjxlMLthi extent Oektic�ible. Fueling,lubrication and, generaiequipment maintenance shall be,0666imed . 1wa.4n.pripgr toprevent;to the. ib5kiffiuYri4klJdnt , practl6ablecontamination of,surface Waters by fuels, and oils., 115A NCAC ,02K.050O(0)M.ad and 15A NCX("C12E,'O211 (12)j piP.M. 0 . In accordance with 14 -1151�0 by, ilieappikaptshall repori,any'petroleum spill of 25 gikljpqsormore; any'spill r.6gard-less,-ofam,o,unt,that,,causes a*erf Feorisurfice wiitei-s;-any p.eirojeum;sp ill rega rd . less ofamountQccurringwithin 100,feet o. I Usurfa . c6WAters,,and`.any ,getroleurkspi 11 less than 2S gallons that cannot be cleaned :uO'Withln.Z4 hdurrK. 26. The p-erthitte#-shalletilidft:t6ffhe.,Wilriiihgt'dri Regional Offidd.dt.(919) 796'7215 (eifter,hours and.oh *&kifids"call BOO-85M1 . 368any noncompliance with this_ certification, any violation of.," trfiafn.6t,w.etiand.staridatds(15A.NCACO 8..02001 including Out not firnitedio, sediment impact IISA,NCACO28-.0200]. Information shall be :Prqvic1edpr011y,,v4ithJn.24' hours (or the:ne)ct-bu§ihessday :if.,a-weeke.nd,orlh-oliday),from the i.ling'the'applicant becameawareof the circums.ta-nces.l Awritten submission shall alsckbepro-yirled withih,5 business -of thle.tjm.e, the,�ppllc becomes _ss days 4rj saware oftlie,circgrnstances; The�wrltten subrrilsslop shalj q ilieripricom period of oiltaimar description -.of Jplfance�,and [is causes, tfte�perlia noncompliance; incIudifgrexactdatesandtimO., if the. ontomplian ; cehjsnotbdbeen. corrected, the:anticipked time compliance,is eXpectedto continueandst6psAaken'or planned to, -reduce, thtnihate, and preVent'reoccurr.6rice dthe noriccimp . lizince. Tile, . DIViSjoyj I may-walve-the W-ritt6n.'sJubM . ission I r . e I qui , re m e . nt on a case7by-dzis6'basK 21. it -an, ehvitonnibritAl dticuMOnfis e0quittd 'under the St#6 Environmental Policy then -this General Certification is riot -Valid until a Finding of NPSlgnificant Impact (FONSI) or Rkdkd,of Dedision.(ROD)js issued bytheState Clearinghouse If an, environmental, OqqOmerius re-44firdd. under the National Environmental PrqHc—YAct,(N1EFA),then this,,, General Ceitification is. not valid until a: Categorical Exchuslopjhe Final Environmental Assessment, or Final Environmental impact StaipmenOs-published byrihe.lead agency t15A, NCACO.k.0.107(a)] 224 Thi ! S'C , er.h.fication do'es,riot relleve(the applicant of tWrresponsi - 4ility to o I btairt 611 . -other required Federai,,State;,or Local approvals before-proceedin tfiiypeojed,�i & With ricluding MW&Cou"nty 0iegon.irilet chaeiner Wfiberiance Pi6j6di D.WRO2610 64.. IndIVfdOal CerlifitatmorrAwQCOp4189. Page &ofg, those required_,by, but not limited to5ediment:and Erosion Control, Non -Discharge, Water Supply V1latershed,and Trout 9uffer;regulations; 23„The,;appiicant andtheir authorized: agents shall conduct al) actiyities[m:a manner consistent with Statewater_quality stanciards:(i'ncluding any requir-ements`resulting from compliance; with 003(d) ofthe' C►ean.Water.Act) and any-otherrappropriate.requirements of State;and Federal Law if D\NR 2tetermines th4k such;staniiards oilaws are ha be -mg met, including failure to:sustam_axdesignated or achieved use,.orthatistate or Federal lavi4s'being violated,_ or that further conditions are netdssatyAd assure compliance;=then DWR"may revoke_or modify`a Written.:authoritation associated With this General Water:Quality Certification:, (15A NCACO2H''..0507(d)] 24, D'are:County shall: conduct; construction activities in a manner, consistent with:State'water qualit is andards(Including-any requirements resulting ftom compliance with section 303(d) of the Clean=Water_Act) and any of herappropriate;requi'rements'of Siate:and Federakiaw,(15a-.NCAC628:.Q200] lftheDivsondeterminesthat:suchstandardsarlaw.s are,O,b:eingrrtet:(including'thefail''re•to'sustain'adesignated,orachieved'use]orthat State orfederal law is befng violated .or thatfurther conditions:are necessaryto;assure: compliance,thebMsionmay°reevaluate;andiriddifythisCertification Beforehiddifyingthe Certification; the.Diwsionshaifnotify Mr: Robert -Outten and Dare• County"andthe U.S. Army Corps of Engineers,.provide "public.notice in acco(dahce:With 1&A=NCAC 02H.0503..and. provide oppoitunit-,for public hearing in Aetdf"dance With15A NCAC 02Hi,.b504. Any`new orrevised conditions shall.be provided to'Mr. Robert:0utten and`'Dbt&,Courity in; writing, shall, beiprovided to the.`,U.S: Army Corps of Engineers.for-reference:in any, Permit issued' pursuant to.Section-404ofthe Clean Water Act, and shall -also became conditions of the. 404 Permit for the project:: 25 ,The permitte.e shallrequire, its•contractors and/or agenisto.comply"with the=ferms;and conditions of this:certirication in ifie construction and'mafntenanceof"this project, and shall provide.each of its contractors and/oragents associated; with the construction or mdi'ntenance-of this project with o copy of this Certification. A copyofthis'Cei t] ication includ)ng alltonditions, shall be available atthe projecnite during the.construction and maintenance bf this project. (15A NCAC,02W.0506 (b)(2)] 26. If the property, or -project- is soil ortramferred,the.new Permitteershall be given ai copy, of this Certification and is responsible.foe complying with.all conditions. Any new owner of the property or project;must notifyrthe-Mvision and shay be required to request -the Certification be issuedin their name. [15A NCA.C,02H..0501 and,0502] W. This.Certification neither grants nor affirms anyproperty, right, license or privilege in°any watersi,sand or dredged material, or any right of.use in any waters sand or dredged: material, This Certificat]ondoes not aythorge?any personto interfere."with the ripar'iarr C6e6CdWitVaih6qp6 thletChanifdWaieenance Orojeci 64 iiiclMdual bertifcatj6w#WQGqQ41134 Fake 9,6f rights,,fittaral rig4tsiW4t4euse -rights, and: ,rights ,Qr dredged, material il" ghts:ofanyothier Oeisbifand this Certification does, notcr.e#e.-,..anV Dre.scrlpiivexighi-or, any right of priority rdgardin&qriy u te Certification iliallnot be, usage wa, rPsa,nd"pr7dre'dged material; this Certifi n interposed as a:defense ln.any a#ii p�re4pecting--,thedetermination of'riparian oe-;fittdrbI rights dr, other rights to- wakr„iand or,drAd d koxonsurhotivt,useeisi dredged mateilaf,usL .deemed by -virtue pf this Certific-ation-to possess%anypeescriptivebr other right of priority with, respictIo any other consumptive , user regardless 4-the tioanutyq- of the Withdrawalior- the , clate on which the wltKdr 6wa. I W a sin ki 46d: obirb-xparitle-d. d lr6cfaf aiwtiu h6rized representative - �ofthq - Dlrect0r,'car DEQ'staff, uoon-thboresentatiofi of proper,:crederitialsito enter the property dunngnormal business hours:. This aOpfova[tq proceed with: your proposed ]rnpacts, or i c6n dttti.,ii-npa`cts-toNoters--,is, depicted in, y,9!4r?pplilca.tio..n.,,shall eI.xi3i.reup..Qnoxpiration,-pfthe .404-orcAMAPermit: The. conditibris%ln-effect,on.,fhe;dat issuance S, of is uishall", , remalri neectforthelif6 - ff ofthe project;A- 5. Non-compliance with' orviolation ofthe,coriditions hetelmsetfbirth fray-e0sult]h rev6cation,of this Qert ificaiion.and may also result in-' criminal and/or civil penatities. ThisVie 26th day -of April, 2019 Karen Higgins', , SUVervisor 401,& -801`er Oermitting'Branch KAH/paw. 41188,- "x� Coats, Heather From: Pelletier, Josh R CIV CESAW CESAD (US) <Josh.R.Pelletier@usace.army.mil> Sent: Thursday, April 18, 2019 1:11 PM To: Dunn, Maria T.; Twyla Cheatwood - NOAA Federal; Coats, Heather, kathryri-matthews@fws.gov Subject: [External] FW: Oregon Inlet CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to �eport.spam@nc.gov<mailto:report.spam@nc.gov> All, See the below response from Todd Horton of USACE Navigation Branch. Dare County is still requesting that they use the areas at the base of the terminal groin as well as areas under the old Bonner Bridge as disposal sites. As you can see in the email, these areas were not utilized by the Corps and thus not covered under their 2004 FONSI. So these are "new disposal" sites and will be treated as such moving forward. Before I go back to the county 1 wanted to see what resource issues you guys had with these areas. I will be digging into the existing and new SARBO to see what ramifications this has as far as being covered under that authorization. Thanks! Josh -----Original Message----. From: HORTON, J TODD CIV USARMY CESAW (US) Sent: Thursday, April 18, 2019 12:59 PM To: Pelletier, Josh R CIV CESAW CESAD (US) <Josh.R.Pelletier@usace.army.miI>; Owens, Jennifer L CIV USARMY CESAW (US) <Jennifer.L.Owens@usace.army.mil> Subject: RE: Oregon Inlet Josh /Jenny, Navigation Branch has reviewed the applicant's responses to the public comments, and we have the following feedback. All seem to be resolved -except Item #1. Here are our comments on each. Item 1- A 1200' portion of the Bonner Bridge on the Pea Island side will be left as a recreational fishing pier. The Corps has never placed dredged material adjacent to that section of the bridge nor has it place material adjacent to the Pea Island terminal groin. Navigation Branch has no issue with placement of material in those areas, because we do not believe this material will impact the federal navigation channel in any negative way. However, we should keep in mind these are "new" placement sites that have not been previously authorized or permitted. Item 2 - Navigation has no issue with dredged material being placed in the -10 to -14 foot contour along Pea Island. Figure 1 has been updated to reflect this change. Item 3 - proposal has been modified to remove dredging within "The Crack". Figure 1 has been updated to reflect thi/ change. / i Item 4 - proposal has been modified to indicate the western most dredging can only occur within Old House Chan/ Range 1, and not Manteo Range 17 Extension or Old House Range 2 channels. Figure 1 has been updated to refle change. United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh ES Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 March 1, 2019 Mr. Josh Pelletier U. S. Army Corps of Engineers Washington Regulatory Field Office 2407 West Fifth Street Washington, North Carolina 27889 Subject: Action ID #SAW- 2019-00175; Oregon Inlet Channel Maintenance Utilizing a New Privately Owned Hopper Dredge Dare County, NC Dear Mr. Pelletier: This letter provides the comments of the U. S. Fish and Wildlife Service (Service) on the subject Public Notice (PN), dated February 4, 2019 for Dare County. The County proposes to perform year-round maintenance dredging of the federal project within Oregon Inlet and associated connecting channels, located in Dare County, North Carolina. The Service has reviewed the PN, along with the draft Environmental Assessment (EA). This letter is provided in accordance with section 7(a)(2) of the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531 et seq.), and the Fish and Wildlife Coordination Act (FWCA) (48 Stat. 401, as amended; 16 U.S.C. 661- 667d). Project Area, Proposed Activities, and Anticipated Impacts The project area is Oregon Inlet and Ocean Bar Channel, Oregon Inlet to Hell's Gate Channel, Old House Channel, and the adjacent Atlantic Ocean and Pamlico Sound. The substrate of the project area is primarily sand. According to the draft EA, the proposed dredging operations, including the extent of dredging areas, the location for disposal of dredge spoils and the ability to dredge year round will be bound by the same conditions and constraints as defined within the U.S. Army Corps of Engineers' (Corps) existing authorization for the operation of their special purpose dredges. The specific areas to be dredged, as defined in the Corps authorization, would include: RECEIVED MAR 0 4 2019 DCM-MHD CITY "... a 14 feet deep by 400 feet wide channel through Oregon Inlet and the ocean bar. An approximate 16, 050 foot long portion of the channel from Oregon Inlet to Hell's Gate (12 feet deep by 100 feet wide) and an approximate 2,850 foot long portion of Old House Channel (I2 feet deep by 100 feet wide) in Dare County" (USACE, 2004). Given the channel through Oregon Inlet and the ocean bar as well as the channel from Oregon Inlet to Hell's Gate are both maintained in a location that follows "best water", and are not in a fixed position, a proposed channel corridor has been defined in which maintenance dredging is being requested to align with the channel parameters sited above. Federally Protected Species The Service has reviewed available information on federally- threatened or endangered species known to occur in Dare County, within our purview. Our review indicates that the West Indian manatee (Trichechus manatus) may occur in the project area. In addition, the project area is located within Piping Plover Critical Habitat Unit NC-01. The Corps has made a "May Affect, Not Likely to Adversely Affect" determination for all Federally listed endangered or threatened species. The draft EA states that dredging will follow deep water, and intertidal areas will not be affected. The draft EA also states that operation of the privately -owned dredge would comply with the precautions outlined within the Service's "Guidelines for Avoiding Impacts to the West Indian Manatee." Because of the commitment to avoid dredging of intertidal habitats and to comply with the Service's manatee guidelines, the Service concurs with the Corps determination. We note that, in the future, if the project plans change such that intertidal areas are affected, the Corps should reinitiate consultation. The Service appreciates the opportunity to comment on this project. If you have questions regarding these comments, please contact Kathy Matthews at 919-856-4520, ext. 27 or by e-mail at <kathryn_matthews@fws.gov >. Sincerely, g Peter Benjamin Field Supervisor Is 3 cc: Twyla Cheatwood, NOAA Fisheries, Beaufort Maria Dunn, NCWRC, Washington Doug Huggett, NC DCM, Morehead City Karen Higgins, NC DWR, Raleigh RECEIVED MAR 0 4 2019 DCM-MHD CITY Coastal Manayem nt ENVIRONMENTAL QUALITY Coastland Times Re: Public Notice — Dare Co. Dear Sir: ROY COOPER Governor MICHAEL S. REGAN BRAXTON DAVIS Pw, for Please publish the attached Notice in the 3/3/19 Sunday issue of the Coastland Times. The State Office of Budget and Management require 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 Jessica Gibson, NC Division of Coastal Management, 400 Commerce Avenue, Morehead City, North Carolina 28557, Telephone (252) 808-2808. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Morehead City office. Sincerely, Susan Day Coastal Management Representative Enclosure cc: Roy Brownlow, District Manager Doug Huggett, Major Permits Coordinator State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Ave I Morehead City, NC 28557 252 808 2808 NOTICE OF FILING OF A PPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that an application for a development permit in an Area of Environmental Concern as designated under the CAMA was received on 1/30/19. According to the application, Dare County is proposing to maintain the federal navigation channel by way of hopper dredge from Oregon Inlet to Old House Channel A copy of the entire application may be examined or copied at the office of Heather Coats, NC Division of Coastal Management, located at 127 Cardinal Drive, Wilmington, NC, (910) 796-7302 during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, N.C. 28557, prior to 3/23/19, will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. PUBLISHED ON: 3/3/19 State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Ave I Morehead City, NC 28557 252 808 2808 ROY COOPER Gavernar MICHAEL S. REGAN Secreary BRAXTON C. DAVIS Ww"r Mr. Brad Rosov NORTH CAROLINA Env4anmwa& Qnallty April 15, 2019 Aptim Coastal Planning & Engineering of NC, Inc. 4038 Masonboro Loop Road Wilmington, NC 2809 Dear Mr. Rosov: This letter is with reference to your application for a Coastal Area Management Act Major Development and State Dredge and Fill permit, acting as agent for Dare County, to undertake development activities at property in and adjacent to Oregon Inlet, in Dare County. 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. 113A-122(c) which would make June 29, 2019, 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, if you have any question on the status of your application, do not hesitate to contact me by phone (910) 796-7302 or e-mail at: heather.coats@ncdenr.gov. Sincerely, Heather Coats Beach & Inlet Management Project Coordinator cc: Wilmington Files MHC Files North Carolina Department of Environmental Quality I Division of Coastal Management WIImington Office 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 1 FORMS 1.1 DCM MP-1 APPLICATION for Major Development Permit Gast revised 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Dare County Dare County Oregon Inlet 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 page(s) 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 4731817 Street Address (d different from above) City State ZIP Email outten@darenc.com 2. Agent/Contractor Information Business Name APTIM Agent/ Contractor 1: First Name MI Last Name Kenneth Willson Agent/ Contractor 2: First Name 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 ext ext. FAX No. Contractor # NA Federal ID # 020623951 Email kenneth.willson@aptim.com; brad.rosov@aptim.com 3. Project Location REC EIV APTIM FEB 2 2 2019 I DCM_MHI7 CITY JAN 3 0 2019 4CM WILMINGTON, NC County (can be multiple) Street Address State Rd. # Dare Unincorporated Dare County within Oregon Inlet NA Subdivision Name Cily State Zip NA NA INC NA Phone No. Lot No.(s) (d 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 Atlantic Ocean and Pamlico Sound c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural []Manmade []Unknown Atlantic Ocean and Pamlico Sound e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ❑Yes ®No work falls within. NA 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) None 145,190,199 (Size of proposed dredge corridor) c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NA NWL (normal water level) (If many lot sizes, please attach additional page with a list) -2 to -12 MSL ❑NHW or ❑NWL e. Vegetation on tract None f. Man-made features and uses now on tract Existing navigation channels. g. Identify and describe the existing land uses adjacent to the proposed project site. Pea Island National Wildlife Refuge (to the south) and Bodie Island sand spit (to the north) h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? NA (Attach zoning compliance certificate, if applicable) ❑Yes ❑No ®NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ®Yes []No ❑NA If yes, by whom? Dames and Moore magnetometer surrey (1979), NCDOT, FHWA, and SHPO remote sensing survey (1993 and 1995) I. Is the proposed project located in a National Registered Historic District or does it involve a []Yes ®No ❑NA National Register listed or eligible property? m. (i) Are there wetlands on the site? ❑Yes ®No (ii) Are there coastal wetlands on the site? ❑Yes ISINo (ill) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes ®No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. NA o. Describe existing drinking water supply source. NA REC APTIM FEB 2 2 2019 JAN 3 0 2019 CCM-MHD CIMM WILMINGTON, NC p. Describe existing storm water management or treatment systems. NA 5. Activities and Impacts a. Will the project be for commercial, public or private use? ®Commercial ®PubliclGovemment ®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 a newly constructed privately owned special purpose dredge. e. Are the proposed activities maintenance of an existing project, new work, or both? Maintenance f. What is the approximate total disturbed land area resulting from the proposed project? 0.0 ❑Sq.Ft or ®Acres g. Will the proposed project encroach on any public easement, public access way or other area ®Yea ❑No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to water: of the state. Dredged material will be placed along the nearshore waters off Pea Island and in proximity to the remaining bridge pilings along the existing Bonner Bridge. I. Will wastewater or stonnwater 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 j. Is there any mitigation proposed? []Yes ®No ❑NA If yes, attach a mitigation proposal. & Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application instruction booklet on how to propedy prepare the required items below. a. A project narrative. b. 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. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. 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. RECEIVED FEB 2 2 "C 9 RECEIVED APTIM DCM-MHD CITY JAN 3 0 2019 3 DCM WILMINGTON, NC 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 state or federal permits issued for work on the project tract. Include perk numbers, permittee, and issuing dates. h. Signed consultant or agent authorization for, it applicable. I. Wetland delineation, K necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10). it 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. 17. Certification and Permission to Enter on Land I I understand that any permit issued in response to this application will allow only the development described in the application project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grunt, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further that the information provided in this application is truthful to the best of my knowledge. Date % 3 Print Name /S /-,, lit XOJo ✓ Signature Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ❑DCM MP-4 Structures Information RECEIVED FEB 2 2 20i9 RECEIVED APTIM DC"-MHD CITY !,N 3 0 2019 4 UCM WILMINGTON, NC 1.2 DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) 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. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Other Access Channel Canal Boat Boat Rock Rock oxcluding shorelinreline �y (NLW or NWL) Basin Ramp Groin Breakwater stabilization) 11,090 ', 20,540', and Length 8,410' Width 100'-400' Avg. Existing NA NA -5' MLW Depth Final Project NA NA -10 to -14' MLW Depth EXCAVATION ❑This section not applicable a. Amount of material to be excavated from below NHW or AWL in b. Type of material to be excavated. cubic yards. Sand 125,750 cubic yards based on current conditions C. (i) Does the area to be excavated include coastal wetlands/marsh d. High -ground excavation in cubic yards. (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or None other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW _ ❑SAV ❑SB ❑WL _ ®None (ii) Describe the purpose of the excavation in these areas: N/A DISPOSAL OF EXCAVATED MATERIAL ❑This section not applicable a. Location of disposal area. b. Dimensions of disposal area. Open water disposal in nearshore waters off Pea Island 5,000' x 2,500' and adjacent to remaining Bonner Bridge pilings C. (i) Do you claim title to disposal area? d. (i) Will a disposal area be available for future ❑Yes ❑No ®NA maintenance? ®Yes []No ❑NA (ii) If no, attach a letter granting permission from the owner. (ii) If yes, where? Same locations e. (i) Does the disposal area include any coastal wetlands/marsh I. (i) Does the disposal include any area in the water? (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or ®Yes ❑No ❑NA other wetlands (WL)? If any boxes are checked, provide the (ii) If yes, how much water area is affected? number of square feet affected. ❑CW _ []SAV ❑SB 12,500,000" ❑WL _ ®None (ii) Describe the purpose of disposal in these areas: WA RECEIVEp RECEIVED APTIM FEB 2 21�'d: JAN 3 0 2019 5 DCM-MMp CirY DCM WILMINGTON, NC SHORELINE STABILIZATION ®This section not applicable (If development is a wood groin, use MP-4 - Structures) a. Type of shoreline stabilization: b. Length: ❑Bulkhead ❑Riprap ❑Breakwater/Sill []Other Width: C. Average distance waterward of NHW or NWL: d. Maximum 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 Other i. Source of fill material. f. (i) Has there been shoreline erosion during preceding 12 months? ❑Yes ❑No ❑NA (it) 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) 1. (i) Will fill material be brought to the site? []Yes ❑No ❑NA b. (i) Will fill material be placed in coastal wetlands/marsh If yes, (ii) Amount of material to be placed in the water (iii) Dimensions of fill area (iv) Purpose of fill (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV _ [ISO ❑WL []None (ii) Describe the purpose of the fill in these areas: GENERAL a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., controlled? dregline, backhoe, or hydraulic dredge)? Excavated material will be transported from excavation she to Hopper dredge. disposal areas via hopper dredge only. C. (i) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. P'1 iLVl" /L/loo 11�2- d. (i) Will wetlands be crossed in transporting equipment to project site? []Yes ®No ❑NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. Date Oregon Inlet Channel Maintenance Project Utilizing a New Special Purpose Dredge Project Name Dare County, clo Robert Outten Applicant Name Applicant Signature RECEIVEDPrO 2 2 2019 APTIA4 DCM,MND JAN 3 0 2019 CiTy DCM WILMINGTON, NO 2 ATTACHMENTS 2.1 DCM MP-1. ADDITIONAL INFORMATION 2.1.1 5b. Give a brief description of purpose, use, and daily operations of the project when complete. Dredging is necessary to maintain safe and reliable transportation routes through waterways. Oregon Inlet is no exception. Despite considerable efforts on the part of the USACE, State, and Dare County, shoaling continues to impede mariners and has resulted in the U.S. Coast Guard's inability to properly position navigation buoys within the channel. As a result, the risk of damage to vessels and injury to people continues. Since the 1960's, over 25 people have died and 22 boats have been lost within the inlet (Dare County, 2018). Oregon Inlet is considered one of the most commercially vital shallow draft inlets along coastal North Carolina (Dumas, 2014). Numerous business sectors rely on the ability to safely navigate this waterway on a regular basis. As such, maintaining safe navigation from Pamlico Sound to the Atlantic Ocean via Oregon Inlet is critical for the local, regional, and state's economy. Between 1995 and 2012, the US Army Corps of Engineers, State of North Carolina, and Dare County have spent an average of approximately $6.25 million per year on dredging Oregon Inlet. The economic impact of Oregon Inlet to Dare County, however, is very significant and far outweighs the historic costs necessary to keep the inlet passable via dredging (Dumas et al, 2014). A recent economic study of the inlet suggested that under recent conditions (when the inlet is navigable --40% of the time), five business sectors (commercial fishing, seafood packing/processing, boat building and support services, recreational fishing, and tournament fishing) contribute an economic impact of $403.5 million in revenues while supporting 3,319 jobs in Dare County. When incorporating nearby counties including Dare, Currituck, Camden, Pasquotank, Perquimans, Tyrell, and Hyde, the regional economic impact of the inlet amounts to $423.3 million while supporting 3,601 jobs. At a larger scale, the study cites an overall statewide economic impact of $548.4 million and 4,348 jobs. If the inlet were to be navigable 85-100% of the time over the course of a year, the 2014 study stated that these business sectors could potentially provide a total annual economic impact of 5,120 jobs and $642.2 million to Dare County, 5,590 jobs and $678.4 million to the region, and 5,397 jobs and $693.0 million to the state of North Carolina (Dumas et al, 2014). The economic impact of Oregon Inlet to Dare County prompted the County to partner with the North Carolina Division of Water Resources (NC DWR) to provide supplemental funding for Oregon Inlet starting in 2016. The annual report prepared by the NC DWR, which was required by SL 2013-360, Section 14.22, indicates a Dare County contribution of $884,000 matched with $1,768,000 by the State to contribute an additional $2,625,000 to the USACE for Oregon Inlet maintenance in FY 16/17. Even with the state and Dare County taking initiatives to provide the necessary supplemental funding to maintain the Oregon Inlet Channel, dredge plant availability has become the primary reason for not being able to maintain dependable navigation through the inlet. The USACE Wilmington District dredge plants are in high demand to maintain navigation channels throughout the East and Gulf Coast including other channels throughout North Carolina. Demand has increased recently given the ability of other communities to provide supplemental funding for USACE dredges to conduct navigation aintenance in channels vital to their communities. CE/vz0 FEB g 8 2019 RECEIVED " 7 ffNOC140yo C17-Y FEA 13 2019 DCM WILMINGTON, NC Recognizing the need for greater dredging capacity, Senate Bill 99 of Session 2017 was passed by the North Carolina Senate and provides for the construction of a privately owned dredge that can be utilized to maintain shallow draft navigations channels within the state including Oregon Inlet. Section 13.7(a-h) of the bill states: ...the maintenance of the state's shallow draft navigation channels in a manner that keeps those channels navigable and safe and minimizes their closure or degradation is a vital public purpose and proper governmental function and that declines in federal funding and dredging activity have significantly and adversely impacted the ability of the federal government to maintain these channels in a timely manner. The resulting deterioration in these channels damages the significant portion of the economy of the State's coastal regions that is dependent on the use of the navigation channels by watercraft. Therefore, it is the policy of the State to support and, when necessary to meet the public purposes set forth in this subsection, to supplement federal maintenance of the navigational channels. The bill authorized the allocation of up to $15 million of State funds to be provided, in the form of a forgivable loan to a private partner for the construction and operation of a dredge capable of maintaining shallow draft navigation channels throughout the state. The legislation further authorized the Oregon Inlet Task Force to solicit proposals through an RFP, through which a private partner could be selected. Proposals were solicited from interested companies and the Oregon Inlet Task Force selected a private partner to work with. However, prior to significant investments being made by the dredge partner for planning, design, and construction of a dredge plant, it is necessary to have permits in place for the maintenance work for which the dredge is being constructed. With that in mind, the purpose of Dare County's proposed action is to have the ability to operate a yet -to -be - constructed dredge within the confines of Oregon Inlet in a manner that aligns with current USACE maintenance practices within Oregon Inlet. This includes the ability to conduct maintenance dredging on a year-round basis. The need of this action is to maintain the county's, region's and state's economic viability while preserving environmental quality and human safety. 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. Dredging will be performed on a year-round basis by a newly constructed privately owned hopper dredge. As stated below in the response to item 6a, the dredge will be outfitted with a number of specifications that will minimize the risk of impacts to a number of threatened or endangered species that may be present during dredge operations. Dredged material will be disposed at the nearshore disposal location off Pea Island and/or along the bridge pilings at the remaining portions of the original Bonner Bridge. No equipment will be stored on the land. When not in use, the dredge will be docked at a marina or moored in proximity to Oregon Inlet. 2.1.3 6a. Project Narrative Dare County is seeking permits and authorizations to utilize the yet -to -be -constructed privately owned special purpose dredge in the same manner and under the same conditions as what is currently authorized for USACE to perform maintenance dredging within the waters in proximity to Oregon Inlet, as defined in the 2004 FONSI. The dredging conducted by the privately owned dredge would not replace dredging performed by the USACE dredge fleet; rather it would complement the USACE's existing efforts. The dimensions of the channels in which maintenance dredging is apposed follows the existing USACE authorization, which is specifically stated as "...a 14-feet deep by 400,G� uel through Oregon Inlet nPTiM FEB 2 2 2019 ' Cuu RECEIVED 8 dCM MND C17. 1, FHH 13 0?9 DCM WILMINGTON, NC and the ocean bar. An approximate 16,050-foot long portion of the channel from Oregon Inlet to Hell's Gate (12-feet deep by 100-feet wide) and an approximate 2,850-foot long portion of Old House Channel (12-feet deep by 100-feet wide) in Dare County". Because the USACE authorization allows for the maintenance dredging following best water, the footprints of the areas to be dredged are not fixed. Rather, a bathymetric survey is performed prior to each dredge event in an effort to determine the location of the best water for the channel. As such, for this proposed project, a "dredge corridor" has been developed and will serve as the domain in which dredging could be performed in the future (Figure 1). Figure 1 depicts the current location of the confluence of Old House Channel and the Oregon Inlet to Hell's Gate Channel. It should be noted, however, that after further consultation with USACE Navigation staff, the extent of authorized dredging within Old House Chanel that was included in the 2004 FONSI, only includes Range 1 (which extends approximately 2,850 feet) (Figure 1). Due to the migration of "best water" within the channel, dredging of the 2,850 linear feet under this proposed project may occur anywhere along the portion of Old House Channel Range 1 and 2 and Manteo Channel Range 17 Extension within the proposed dredge corridor, as shown in Figure 1. Figure 1. Proposed dredging and disposal locations The nearshore disposal sites for material dredged by the new dredge would also be identical to what is currently authorized by the USACE. These areas include nearshore disposal off the north end of Pea Island and in deep scour holes beneath the Herbert C. Bonner Bridge (Figure ). It should be noted that no upland disposal will be included in the proposed work. Because it is anticipated that the m othe existing Bonner Bridge will be demolished in the near future, the disposal of material for this prsed"Ubn will be limited to the APTN FEB 2 2 2019 RECEIVED 9 OCM.MHO CITY Fc` 13 2019 DCM WILMINGTON tie I 3 areas surrounding the remaining bridge pilings. According the NCDOT, the portion of the existing bridge that will remain will extend from the shoulder of Pea Island approximately 1,500 feet and will end at the section known as "Bent 184". Historically, the total volume of dredged material removed from the connecting channels in proximity to Oregon Inlet has averaged around 900,000 cubic yards on an annual basis. This includes material removed by pipeline dredges from the interior channels as well as the volume removed by the USACE special purpose dredges and sidecast dredges. In addition to the material removed by these three dredge types, the privately owned dredge would also be able to perform some maintenance dredging in the ocean bar channel. The average volume of material typically removed from the ocean bar channel by a USACE special purpose hopper dredge has been approximately 300,000 cubic yards/year. Thus, in total, the total volume of material available for removal by a privately owned dredge may average between 900,000 and 1,000,000 cubic yards/year even after the existing Bonner Bridge with the restrictive navigation span is removed. This proposed activity for this permit request will be limited to the operations of a new special purpose dredge and will not include work performed by a pipeline or sidecast dredge. In order to minimize the risk of impacts to any threatened or endangered species, the construction of the new privately owned dredge comply with specifications that were included with the design of the USACE's special purpose hopper dredges which are currently authorized to operate year-round in Oregon Inlet. The 1999 BO issued by NMFS states that the special use hopper dredges that include the specifications, as listed below, are not required to operate with sea turtle deflectors on the dragheads nor is screening or observers required. The new privately owned special purpose hopper dredge will abide by the same standards. These specifications include: • Vessel weight limited to 500 gross tons • Brunswick, Brunswick County Type, Brunswick Adjustable, or equivalent dragheads • Draghead suction produced by use of dredge pumps averaging 350-horsepower, with a maximum horsepower of 400D • Draghead sizes range from approximately 2 feet by 2 feet to 2 feet by 3 feet • Draghead openings are include gridded baffles with openings ranging from 5 inches by 5 inches to 5 inches by 8 inches • Suction pipes 10-14" diameter • Discharge pipes 12-16" diameter Because dredging activity is limited to the areas of best or deepest water, no SAV or shellfish resources will be impacted by the dredges. By employing a 100' "no dredge" buffer around any mapped SAV or shellfish resources, direct impacts and indirect impacts associated with elevated turbidity will be minimized. 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. RECEIVED APTIM FEB 2 2 2019 10 DCM-MHD C17,y RECEIVED ~cEi 1 3 'Ui9 DCM WILMINGTON, NC 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. Not Applicable. 2.1.7 6e. The appropriate application fee. Check or money order made payable to DEQ. Please find enclosed an application fee check for $475. 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. W.A. Worth Estate and James C. Fletcher 0 Island Wanchese, NC 27981 Pea Island National Wildlife Refuge c/o Alligator River National Wildlife Refuge P. O. Box 1969 Manteo, NC 27954 Cape Hatteras National Seashore, ATTN: Mr. Steve Thompson, 1401 National Park Drive Manteo, NC 27954-9451 NCDOT Jerry Jennings, Division 1 Engineer Highway Division 1 113 Airport Drive, Suite 100 Edenton, NC 27932 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. • May 17, 1950; P.L 81-516, The River and Harbor Act, Congress authorized the USACE to dredge Oregon Inlet's ocean bar navigation channel to a depth of 14 feet. • May, 1988: EA/FONSI, Maintenance Dredging of Ocean Inlets and Connecting Channels Within the U.S. Army Corps of Engineers, Wilmington District, With a Sidecast or Hopper Dredge. • November 1990: EA/FONSI, Emergency Maintenance Dredging Manteo-Oregon Inlet Channel, Discharge of Dredged Material in Oregon Inlet, Vicinity of the Herbert C. Bonner Bridge, Manteo (Shallowbag) Bay Project, Dare County, North Carolina. RECEIVED RECEIVED FEB222019 APTIM I I 0CA4.lyHD CITY DCM WILMINGTON, NC .. � .. .0 , i � � n .. { .i li ' � I' i � ., F � � � .. ' 1' � t: y /Cr .. Y' a • ' d:' .. � � . • December 1990: EA/FONSI, Maintenance Dredging Manteo-Oregon Inlet Channel, Discharge of Dredged Material at Oregon Inlet, Vicinity of the Herbert c. Bonner Bridge, From December 1990 through March 31, 1991, Manteo (Shallowbag) Bay Project, Dare County, North Carolina • July 1990: EA/FONSI, Discharge of Dredged Material on Pea Island National Wildlife Refuge and Advanced Maintenance of the Oregon Inlet Channel, Manteo (Shallowbag) Bay Project, Dare County, North Carolina. • September 1990: EA/FONSI, Maintenance Dredging of New Alignment of Manteo-Oregon Inlet Channel, Vicinity of Old House Channel, Manteo (Shallowbag) Bay Project, Oare County, North Carolina. • September 2004; USACE Finding of No Significant Impact: "Use of Government Plant to Dredge in Federally Authorized Navigation Project in North Carolina" 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. See Appendix B. 2.1.13 6k. 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. SEPA compliance has been met by the development and authorization of the federal project. RECEIVED RECEIVED FEB 2 2 2019 Ftn 13 AP 2 DCM-Iy1HD C17btM WILMINGTON, NC R*C.Dimision of Coastal Management Major Permit Application Computer Sheet AEC: Oregon Inlet Fee: $475 #269311 CDAITS MHC cc Applicant: Dare County Agent/Contractor: Ap6m Project Site County: Dare County Staff: Heather Coate District: Wilmington Project Name: Oregon Inlet Channel Maintenance Rover File: n/a River Basin: Pasquotank Initial date of application submittal: 1-30-19 Date application "received as complete" in the Field office: 1-30-19 Permit Authorization: CAMA ❑ Dredge & Fill ZBoth SITE DESCRIPTION/PERMIT INFORMATION ORW: ❑Yes NNo IPNA: ❑Yes NNo Photos Taken: Yes No❑ Setback Required (riparian): []Yes NNo Critical Habitat: ❑Yes ❑No NNot Sure 15 foot waiver obtained: Yes NNo Hazard Notification Returned: NYes ❑No SAV: ❑Yes NNo ❑Not Sure Shell Bottom: ❑Yes NNo ❑ Not Temporary Impacts: []Yes NNo Sure Sandbags: ❑Yes NNo []Not Sure Did the land use classification come Mitigation Required (optional): from county LUP: NYes []No ❑Yes NNo Moratorium Conditions: Environmental Assessment Done: Length of Shoreline: ❑Yes ❑No ❑NA ❑Yes ❑No [DNA N/A_ FT. Shellfish Area Designation: Project Description: (code) Development Area: (code) Open -or- Closed 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 (OR" WETLANDSIMPACTED ❑ (404) Corp. of Engineers (Jurisdictional (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort (Salicornia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) ❑ (SA) Salt marsh cordgrass (Spartina ❑ (SY) Salt reed grass (Spartina altemiflora) cynosuroides) ❑ (DS) Salt or spike grass (Distichlis El (SC) Bullrush or three square (Scirpus (TY) Cattail (Typha sp.) spicata) sp.) El (JR) Black needlerush (Juncus (SP) Salt/meadow grass (Spartina roemerianus) patens) APPLICATION FEE ❑ No fee required - $0.00 III(A) Private w/ D&F up to 1 acre; 3490 III(D) Priv. public or comm w/ D&F to 1 can be applied - $250 acre; 4144 can't be applied - $400 ❑ Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major 0 IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 ❑ Permit Transfer - $100 ❑ III(B) Public or commercial w/ D&F to 1 ❑ Express Permit - $2000 acre; 4144 can be applied - $400 REC elym ❑ Major development extensjon request - ❑ Il. Public or commercial/no dredge $100 and/or fill - $400 ❑ I. Private no dredge and/or fill - $250 III(C) Priv. public or comm w /D&F to 1 acre; 4144 can be applied; DCM needs DWQ agreement - $400 DCM-MHD CITY Are County- Oregon Inlet Channel Maintenance Date: 1-30-19 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet. TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One New Work ❑ Replace AC Maint ❑ ❑ Y ❑ N 11090 400 -14 AC New Work 0 Replace 20540 100 -12 Maint ❑ ❑ Y ❑ N AC New Work Replace 8410 100 12 Maint ❑ ❑ Y ❑ N OT New Work Replace 5000 2500 Maint ❑ ❑ 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 Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. TOTAL Sq. Ft. FINAL Sq. Ft. TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for. (Anticipated final DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Habitat Name Choose One includes any Excludes any total includes Excludes any anticipated restoration any anticipated restoration and/or restoration or and/or temp restoration or temp impact temp impacts) impact amount) temp impacts) amount SB Dredge ® Fill ❑ Both ❑ Other ❑ 145,190,199 145,190,199 SB Dredge ❑ Fill ® Both ❑ Other ❑ 12,500,000 12,500,000 Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ {� —W �CR"�N►MD r_I 919.733-2293 :: 1.888-4RCOAST :: www.nccoastalmanagement.net revised: 02/26118 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Dare County Oregon Inlet Channel Maintenance Project 2. LOCATION OF PROJECT SITE: The project site is located at Oregon Inlet extending to Old House Channel, adjacent to the Atlantic Ocean, in Dare County. Approximate State Plane Coordinates — X: 3029134 (start)/ 3011404 (end) Y: 759402 (start)/ 749329 (end) Approx. Lat: 35°47'13.65"N/ 35°45'40.16"N Long: 75°31'45.44"W/ 75°35'24.73"W 3. INVESTIGATION TYPE: CAMA / D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 1/11/19 / Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received—1/30/19 Office — Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan — Dare County (B) AEC(s) Involved: OH, PTA, EW (C) Water Dependent: Yes (D) Intended Use: Public (E) Wastewater Treatment: Existing — N/A Planned - N/A (F) Type of Structures: Existing — Federal channel, NCDOT bridge & terminal groin Planned — Maintenance authorization for dredging of the federal channel (G) Estimated Annual Rate of Erosion: N/A SBF: N/A 7. HABITAT DESCRIPTION: (A) Vegetated Wetlands (coastal) (B) Other (Below MHW) — 167 acres +/- Up to 287 acres (approx.- subject to deep (nearshore disposal) water channel location (C) Other (Above MHW) (H) Total Area Disturbed: up to —454 acres (1) Primary Nursery Area: No (J) Water Classification: SA Open: No 8. PROJECT SUMMARY: The applicant is proposing to maintain the federal navigation channel by way of hopper dredge from Oregon Inlet to Old House Channel. RECEIVED FEB 2 2 2019 State of North Carolina I Environmental Quality I Coastal Management D Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 CM�MHD CITi 9107967215 i Dare County Oregon Inlet Channel Maintenance Project Page Two 9. PROJECT DESCRIPTION: Oregon Inlet is located between Bodie Island to the north, which is part of Cape Hatteras National Seashore, and Pea island National Wildlife Refuge, which is located south of the inlet in Dare County. While primarily undeveloped, a former U.S. Coast Guard Station is located on Pea Island. The building is listed on the National Register of Historic Places. Oregon Inlet Fishing Center is located immediately north of the project vicinity on the sound side of Bodie Island and Oregon Inlet Campground is located on the south end of the island to the east of the Fishing Center. The Herbert C. Bonner Bridge spans the inlet connecting the two islands via NC Highway 12.Oregon Inlet is a highly trafficked means of access between the Atlantic Ocean and Pamlico Sound, both by commercial and recreational vessels. The current bridge has constrained navigation from the ocean to sound and the inlet's interior channels through a primary navigation span measuring 130' in width. The inlet is currently maintained by the U.S. Army Corps of Engineers (USACE) Wilmington District via special purpose hopper and sidecast dredges, as authorized under the Corps' 2004 Finding of No Significant Impact (FONSI) and DCM Federal Consistency Determination DCM 2004-0061. This authorization allows for year-round dredging at Oregon Inlet. Since 2016, Dare County and the State of NC (through the Division of Water Resources) have contributed supplemental funding to the USACE for maintenance of the inlet. However, concerns regarding continued federal dredge plant availability led to the allocation of $15 million from the State's Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund to be provided to Dare County as a local partner for the purchase of a privately -owned hopper dredge for maintenance of the shallow draft navigation channels, and to be used under the direction of the Oregon Inlet Task Force (via Session Law 2018-5). The project boundaries extend from the Ocean Bar Inlet Channel to Hells Gate Channel to Old House Channel. While channels lengths and locations vary due to the federal channel authorization following deep water rather than a fixed location, Oregon Inlet and the ocean bar is authorized to a maximum width of 400 feet and a depth of -14' MLLW. The channel from Oregon Inlet to Hell's Gate is referenced in the federal authorization as approximately 16,050 feet in length, 100' in width, and dredged to a depth of -12' MLLW. Old House Channel is authorized at 100' wide and to -12' MLLW depth, and referenced in the federal authorization as 2,850 feet in length. Due to the fluctuation in the location of deep water over the years, Old House Channel has expanded from Range 1 to include Range 2 and Manteo Channel Range 17 Extension. Dredging in the inlet and connecting channels has been accomplished by hopper dredge and dredged material is disposed of at a 5000' length near -shore disposal area south of Oregon Inlet and adjacent to the north end of Pea Island, or in deep scour holes beneath the Herbert C. Bonner Bridge, as needed. A new bridge is currently under construction, and is reportedly scheduled to open to traffic in the spring of 2019. The NC Department of Transportation (DOT) will then be demolish the current bridge, save for a section measuring approximately 1,500' located to the south adjacent to Pea Island. The new bridge will provide for much broader range of vessel clearance with multiple navigation spans, rather than essentially confining all vessel passage to a single span. As a result, historically the USACE has dredged approximately 900,000 cubic yards in the project area at Oregon Inlet annually in an effort to maintain navigation. The waters of Oregon Inlet and Old House Channel fall within the Pasquotank River Basin, as classified by the NC Division of Water Resources (DWR). The waters adjacent to Oregon Inlet are classified as SA by the DWR. The NC Marine Fisheries Commission has NOT designated the area to be impacted as a Primary Nursery Area, and the area is open to the harvesting of shellfish. RECEIVED FEB 2 2 2019 State of Norih Carolina I Environmental Quality I Coastal Management DCM-MHD Clry Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 2&405 I / 910 796 7215 Dare County Oregon Inlet Channel Maintenance Project Page Three PROPOSED PROJECT: The applicant proposes to maintain Oregon Inlet from the ocean bar through Hells Gate to Old House Channel following the federally authorized dimensions by way of a privately -owned, but state -contracted hopper dredge. The applicant has identified a dredge corridor encompassing 145,190,199 square feet (approximately 3,333 acres), within which the channels could be located based on deep water and surveys at the time of the dredge event. While replacement of the Herbert C. Bonner Bridge will result in more flexibility for navigation than the current structure, the applicant is still anticipating a need to regularly dredge the inlet and connecting channels due to the highly dynamic nature of the area. The applicant is proposing use of a shallow -draft hopper dredge, similar in nature and specifications to the USACE's Special Purpose Dredge Currituck, with the intention of being able to work year-round. The narrative states that in order to minimize risk to threatened and endangered species, the proposed dredge plant would be weight limited to 500 gross tons, and equipped with Brunswick, Brunswick County Type, Brunswick Adjustable or equivalent dragheads. The draghead suction would average 350-horsepower, with a maximum horsepower of 400, and the draghead sizes would not exceed 2 feet by 3 feet. Draghead openings would include gridded baffles with openings ranging from 5 inches by 5 inches to 5 inches by 8 inches in size. Suction pipes would not exceed 14" in diameter and discharge pipes would range from 12"-16" in diameter. 10. ANTICIPATED IMPACTS The proposed dredging associated with the first project is currently projected to result in impacts to up to 167 acres of submerged bottom. Up to 287 acres of nearshore disposal site has been identified as potentially impacted, as well as an unquantiffed area at the remaining Bonner Bridge bents in cases of scour holes. However, it should be noted that actual impacts will be dependent on future conditions and are subject to vary due to the intent to follow the deep water channel. All proposed dredging work would remain confined within the channel corridor box identified on Sheets 2-5. While the total area of the proposed corridor encompasses approximately 3,333 acres, only channel length would vary based on the location of deep water. Channel width and depth would remain fixed as represented in the application. The dredging and nearshore disposal would result in temporary increases in turbidity and impacts to submerged aquatic vegetation (SAV) are not anticipated due to the following of the deep water channel. It should be noted that should the permit be issued, dredging by the U.S. Army Corps of Engineers will also likely continue to some extent. Submitted by: Heather Coats Date: February 20, 2019 Office: Wilmington RECEIVED FEB 2 2 2019 DCM_MHD C17.y State of North Carolina I Environmental Quality l Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910 796 7215 APTIM January 30, 2019 Heather Coats Division of Coastal Management North Carolina Department of Environmental Quality 127 Cardinal Drive Ext. Wilmington, NC 28405-3845 Brad Rosov Client Program Manager Aptim Coastal Planning & Engineering of North Carolina, Inc. 4038 Masonboro Loop Road Wilmington, North Carolina Tel: +1 910-791-9494 Brad.Rosov@aptim.com Subject: Oregon Inlet Channel Maintenance Utilizing a New Privately Owned Hopper Dredge Project Dear Ms. Coats, Please find enclosed a complete application for a Major Development Permit for the subject project. Also enclosed is the $475 fee check. Adjacent riparian landowner notifications have been sent by certified mail and the return receipts will be forwarded to you once they are received. Please contact me anytime should you have any questions or need anything in addition. Sincerely, APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. Brad Rosov Client Project Manager ECE1. r,'E JAll a 0 20{9 RECEIVED FEB 2 2 20,19 RECEIVED DCM-Aft) CITY JAN 3 0 2019 OCM WILMINGTON, NC OREGON INLET CHANNEL MAINTENANCE UTILIZING A NEW PRIVATELY OWNED SPECIAL PURPOSE DREDGE NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT MAJOR PERMIT APPLICATION Prepared for: Dare County, North Carolina Prepared by: APTIM 4038 Masonboro Loop Road Wilmington, North Carolina 28409 Submitted to: North Carolina Department of Environmental Quality Division of Coastal Management Wilmington Regional Office RECEIVED FEB 2 2 N',9 January 2019 DCM-MHD CITY RECEIVED JAN 3 0 Z019 APTIM DCM WILMINGTON, NO Oregon Inlet Channel Maintenance Utilizing a New Privately Owned Hopper Dredge NCDCM Major Permit Application CONTENTS 1 FORMS.....................................................................................................................................1 1.1 DCM MP-1.......................................................................................................................... 1 1.2 DCM MP-2.......................................................................................................................... 5 2 ATTACHMENTS.......................................................................................................................7 2.1 DCM MP-1. Additional Information...................................................................................... 7 2.1.1 5b. Give a brief description of purpose, use, and daily operations of the project when comple........................................................................................................8 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 bestored....................................................................................................8 2.1.3 6a. Project Narrative..................................................................................................... 8 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 ................................ 10 2.1.5 6c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site........................................................................................................ 11 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........................................................... 11 2.1.7 6e. The appropriate application fee. Check or money order made payable to DEQ... 11 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..................Error! Bookmark not defined. 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............................................................. 11 2.1.10 6h. Signed Agent Authorization Form......................................................................... 12 2.1.11 6i. Wetland delineation, if necessary .......................................................................... 12 2.1.12 6j. Signed AEC Hazard Notice.................................................................................... 12 2.1.10 6k. 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 ............................................... Error! Bookmark not defined. Appendices Appendix A: Work Plats and Location Maps Appendix B: Signed Agent Authorization Form and Adjacent Riparian Landowner Notifications Appendix C: Environmental Assessment RECEIVED RECEIVED APTIM FEB 2 2 2019 JAN 3 0 2019 1 DCM-MHD CITY DCM WILMINGTON, NC _ ' - - s�- - _ � . Oregon Inlet Channel Maintenance Utilizing a New Privately Owned Hopper Dredge DRAFT Environmental Assessment Prepared by: Aptim Coastal Planning & Engineering of North Carolina, Inc. APTIM Prepared For: Dare County, North Carolina RECEIVED FEB 22 -J January 2019 DCM-MHD CITY RECEIVED JAN 3 0 2019 DCM WILMINGTON, NC TABLE OF CONTENTS INTRODUCTION.......................................................................................................1 1.1 The Proposed Action.......................................................................................1 1.2 Purpose and Need............................................................................................5 1.3 Scoping and Consultation History.................................................................7 DESCRIPTION OF ALTERNATIVES....................................................................8 2.1 Alternative #1: Status Quo- Continuation of Existing Channel Maintenance Operations........................................................................................................8 2.1.1 Summary of USACE Maintenance Dredging.............................................12 2.1.2 Existing Authorizations for the Utilization of USACE Dredge Fleet withinOregon Inlet........................................................................................14 2.2 Alternative #2: Applicant's Preferred- Oregon Inlet Maintenance Supplemented with a New Privately Owned Hopper Dredge ...................16 ENVIRONMENTAL SETTING..............................................................................17 3.1 Physical Environment of Oregon Inlet........................................................17 3.1.1 Geomorphology..................................................................................18 3.1.2 Waves..................................................................................................19 3.1.3 Wind and Storms...............................................................................20 3.1.4 Sea Level Rise.....................................................................................22 AFFECTED ENVIRONMENT................................................................................23 4.1 Water Quality .................................................................................................23 4.2 Air Quality ......................................................................................................25 4.3 Noise ................................................................................................................26 4.4 Essential Fish Habitat...................................................................................27 4.4.1 Fishery Management.........................................................................27 4.4.2 Habitats Designated as EFH.............................................................30 4.4.3 Habitat Areas of Particular Concern...............................................36 4.4.4 Nursery Areas....................................................................................36 4.4.5 Significant Natural Heritage Areas..................................................37 4.4.6 Managed Species................................................................................38 4.4.6.1 Coastal Migratory Pelagics................................................39 4.4.6.2 Highly Migratory Species...................................................40 4.4.6.3 Snapper Grouper Complex................................................40 4.4.6.4 Shrimp.................................................................................41 4.4.6.5 Summer Flounder, Scup, and Black Sea Bass .................41 4.4.6.6 Red Drum............................................................................42 4.4.6.7 Bluefish................................................................................43 4.4.6.8 Spiny Dogfish......................................................................4f�ECEIVED 4.5 Threatened and Endangered Species...........................................................44 4.5.1 West Indian Manatee........................................................................4 4.5.2 Sea Turtles..........................................................................................2EB 2 2 2019 4.5.3 Shortnose Sturgeon......................................................................... so 4.5.4 Atlantic Sturgeon........................................................................... DgP-MHD CITY 4.5.5 Giant Manta Ray...................................................................REGMED JAN 3 0 Z019 APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. DCM WILMINGTON, NC 4.6 Cultural Resources........................................................................................54 4.7 Socioeconomic Resources..............................................................................60 4.7.1 Economic Impacts of Oregon Inlet.....................................................62 4.8 Recreational Resources.................................................................................62 IMPACTS ASSOCIATED WITH EACH ALTERNATIVE.................................62 5.1 Water Quality .................................................................................................62 5.1.1 Impacts Associated with the Status Quo Alternative .....................62 5.1.2 Impacts Associated with the Applicant's Preferred Alternative ... 64 5.2 Air Quality ......................................................................................................65 5.2.1 Impacts Associated with the Status Quo Alternative .....................65 5.2.2 Impacts Associated with the Applicant's Preferred Alternative ... 65 5.3 Noise................................................................................................................65 5.3.1 Impacts Associated with the Status Quo Alternative .....................65 5.3.2 Impacts Associated with the Applicant's Preferred Alternative ... 66 5.4 Essential Fish Habitat....................................................................................66 5.4.1 Impacts Associated with the Status Quo Alternative .....................67 5.4.2 Impacts Associated with the Applicant's Preferred Alternative ... 70 5.5 Threatened and Endangered Species...........................................................72 5.5.1 West Indian Manatee........................................................................72 5.5.1.1 Impacts Associated with the Status Quo Alternative ......... 72 5.5.1.2 Impacts Associated with the Applicant's Preferred Alternative..........................................................................................73 5.5.2 Sea Turtles..........................................................................................73 5.5.2.1 Impacts Associated with the Status Quo Alternative ......... 73 5.5.2.2 Impacts Associated with the Applicant's Preferred Alternative..........................................................................................76 5.5.3 Shortnose Sturgeon............................................................................77 5.5.3.1 Impacts Associated with the Status Quo Alternative ......... 77 5.5.3.2 Impacts Associated with the Applicant's Preferred Alternative...........................................................................................78 5.5.4 Atlantic Sturgeon...............................................................................79 5.5.4.1 Impacts Associated with the Status Quo Alternative ......... 79 5.5.4.2 Impacts Associated with the Applicant's Preferred Alternative...........................................................................................80 5.5.5 Giant Manta Ray...............................................................................81 5.5.5.1 Impacts Associated with the Status Quo Alternative ......... 81 5.5.5.2 Impacts Associated with the Applicant's Preferred Alternative..........................................................................................81 5.6 Cultural Resources........................................................................................81 5.6.1 Impacts Associated with the Status Quo Alternative ..................... 1 5.6.2 Impacts Associated with the Applicant's Preferred Alternative... CEIVED 5.7 Socioeconomic Resources..............................................................................83 5.7.1 Impacts Associated with the Status Quo Alternative .....................M 2 2 Z019 5.7.2 Impacts Associated with the Applicant's Preferred Alternative ... 84 5.8 Recreational Resources............................................................................Del-MHD CITY 5.8.1 Impacts Associated with the Status Quo Alternative ..................EIVED JAN 3 0 2019 APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. �` DCM WII AAIMrTON, NC 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 5.8.2 Impacts Associated with the Applicant's Preferred Alternative ... 85 CumulativeImpacts...................................................................................................85 6.1 Water Quality .................................................................................................86 6.2 Air Quality ......................................................................................................87 6.3 Noise ................................................................................................................87 6.4 Essential Fish Habitat....................................................................................88 6.5 Threatened and Endangered Species...........................................................88 6.5.1 West Indian Manatee........................................................................88 6.5.2 Sea Turtles..........................................................................................88 6.5.3 Shortnose Sturgeon............................................................................89 6.5.4 Atlantic Sturgeon...............................................................................89 6.5.5 Giant Manta Ray...............................................................................99 6.6 Cultural Resources........................................................................................89 6.7 Socioeconomic Resources..............................................................................89 6.8 Recreational Resources.................................................................................90 CONSERVATION AND MONITORING MEASURES........................................90 7.1 Construction Practices..................................................................................90 7.2 Dredge Design Specifications........................................................................90 LITERATURECITED.............................................................................................91 List of Figures ProjectLocation......................................................................................................2 Map showing locations of dredge projects maintained with USACE WilmingtonDistrict Dredge Plants.......................................................................3 Proposed dredging corridor and disposal locations............................................6 Oregon Inlet/Old House Channel..........................................................................9 The sidecast dredge the Merritt ..........................................................................10 The special purpose dredge Currituck...............................................................11 The special purpose dredge Murden...................................................................11 Cumulative dredge volumes removed since 1980..............................................13 Annual cost maintenance dredging for the Oregon Inlet project....................14 Average wave height and direction near Oregon Inlet from WISStation 63223................................................................................................20 Average wind speed and direction near Oregon Inlet from WISStation 63223................................................................................................21 Relative sea level rise trend at Oregon Inlet Marina, NC.................................23 Water quality sampling stations in proximity to Oregon Inlet........................25 SAV resources found within proximity to the project area..............................33 Shellfish resources in proximity to the project area..........................................35 Loggerhead turtle sightings during the Southeast SMAPPS summer 2016 aerial survey.................................................................................................48 Migration routes of satellite -tracked loggerhead turtles..................................49 Atlantic sturgeon detections recorded by acoustic array..................................53 RECEIVED FEB 2 2 1019 III CMK MRD CITY BAN 30 2019 APTIM COASTAL PLANNING & ENGINEERING OF NORTH DCM WILMPIGTON, Mr, List of Tables Summary of Average Annual Dredging Activity for the Oregon Inlet Project.............................................................................................12 EFH for managed species within coastal North Carolina.................................28 Essential Fish Habitat identified in IMP Amendments of the South Atlantic and Mid -Atlantic FMC's............................................................30 Geographically defined HAPC identified in the IMP .......................................36 HMSand their life stage.......................................................................................40 Federally threatened, endangered or proposed listed species that may occur in the Project Area.....................................................................................45 Proposed federal state channel maintenance projects within the Outer Banks..........................................................................................................86 List of Appendices A 2017 Guidelines for Avoiding Impacts to the West Indian Manatee RECEIVED FEB 2 2 `9 DCM-MHD CITY RECEIVED "' JAN 3 0 2019 APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. DCM lMl 41KIGTQN, S!C INTRODUCTION 1.1 The Proposed Action Oregon Inlet, in Dare County, North Carolina, is located along the Outer Banks and separates Bodie Island from Pea Island, which is the northern tip of Hatteras Island. The inlet is the only ocean -to -sound passage between Virginia and the south tip of Hatteras Island and provides access and safe harbor to recreational boaters, commercial fishing fleets, north and south bound transient vessels avoiding Diamond Shoals, and other vessels traversing the waters between the inland waters of the Pamlico, Albemarle, Currituck, Croatan, and Roanoke Sounds and the RECEIVED FEB 2 2 2019 DCM-MHD CITY RECEIVED JAN 3 0 2019 APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. 0CM WILMINGTON. NC Atlantic Ocean Figure 1). Since its formation following a hurricane in 1846, the inlet has mi90W-MHD CITY approximately 2.3 miles south as shifting sands have built up the northern side while eroding its southern side. The erosion of the south side of the inlet was abated by the construction of a Terminal Groin on the northern end of Pea Island in 1991. As these sands shift, extRkMIVED 2 JAN 3 0 200 APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. DCM WILMINGTON, NC shoaling often occurs within the confines of the inlet creating chronically unsafe conditions for navigation. As such, the US Army Corps of Engineers (USACE) along with the State of North Carolina and Dare County have spent significant time and resources attempting to maintain navigable depths and restore safety for mariners. In 1950, Congress authorized the USACE to dredge a channel in the inlet to a depth of 14 feet. Later, in 1970, Congress authorized construction of two jetties and extended the depth of the ocean bar navigation channel within the inlet to 20 feet. However, after several decades of studies and debate, the jetty project was ultimately rejected largely due to environmental concerns leaving dredging as the sole means of management. Historically, dredging operations within the inlet have been performed by a combination of the USACE dredge fleet (sidecast dredge and special purpose hopper dredges) and contract dredges including both pipeline and hopper dredges. According to dredge data from the North Carolina Beach and Inlet Management report, between 1975 and 2015 more than 32 million cubic yards has been dredged from within Oregon Inlet (Moffatt & Nichol, 2016). A decrease in federal funding for shallow draft inlets nationally has resulted in decreased funding for dredging of Oregon Inlet. The overall downward trend in federal funding prompted the North Carolina Department of Environmental Quality (Formerly NC Department of Environment and Natural Resources) to execute a Memorandum of Agreement with the USACE in November 2013, allowing the State and Local Governments to contribute funds to the USACE for maintenance dredging of "Shallow Draft Navigation Channels". A number of factors prompted the State of North Carolina to modify the 2013 MOA. The first factor was a noticeable trend of decreased federal funding to maintain Oregon Inlet between 2013 and 2016. The second factor had to do with the ineffectiveness of an approximately $9 million pipeline dredge project conducted by the USACE (contract dredge) in 2014. The channel, which was dredged to approximately 18 feet, shoaled to a depth of less than 4 feet in a matter of months. This led to local officials and the USACE concluding that continuous maintenance of Oregon Inlet year round was necessary to avoid navigation closures of the inlet. However, that amount of dredging would have exceeded the $4 Million cap included in the original MOA. A third factor included the nearing of the expiration of the 2013 MOA, scheduled to expire in September 2017. The MOA was amended in July 2016, increasing the annual cap from $4 Million to $12 Million. Although the State and Dare County have taken initiatives to provide the necessary supplemental funding to maintain the Oregon Inlet Channel, dredge plant availability has become an issue as the USACE Wilmington District dredge plants are in high demand to maintain navigation channels throughout the East and Gulf Coast. Figure 2 shows a figure of all the different projects competing for use of these limited dredges. RECEIVED FEB 2 2 T 19 DCM-MHD CITY RECEIVED 3 APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. JAN, 3 0 2019 00A Mt'!.f14m't'rnpa -4—r Dare County Oregon Inlet Channel Maintenance Environmental Assessment Bodie Island l Atlantic Ocean Oregon Inlet 4 i Pamlico Sound r r r r�rr US Army Corps of Engineers Wilmington Dlatriet Georgia New York MA CT RI ME Virginia NJ Maine NJ dell. Harbor, W ralts slouyn, Nc North Carolina ZZon Intel, NC �-Ro]anthc Harbor, NC klatama Ferry, NC .�i eTeacm�bWllU IterCLate Harbor, NC South �` Taylor'xCmeb. Nc a treat ChanrrN, NC B, I Inlet NC New ire, Inlet, NC Carolina NUYV Tovwv tile[, NC Cewoolra FFalry Ies NC �.` halotl9 Inlet, NC To Creek, Be Folly IiaaM. SC Texas 'Famanefina Harbor, FL `GIWW Florida sL Auguatale, FL Clearwater, FLU Tampa Bay, FLU Pinellas County. FC o Key. Saneota. FC--- Ft. Myem, FL — Nee, Dale: F.Ime" 19. 2015 Mapg sa ,,I&2911•01744 '—Ponce de Leon Inlet, FL Surge I larbor, MA Louisiana Galveston, TX GIVWy /Stuart, FL e f.--SL Lucle Inlet, FL --Palm Beach, FL 0 50 100 200 300 Miles Wilmington District East & Gulf Coast Dredging Locations Figure 2. Map showing locations of dredge projects maintained with USACE WihFMFIkVC4q Dredge Plants (Source: USACE Wilmington District). FEB 2 2 Z019 RECEIVED 5 JAN 3 0 2019 APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAROLIEM_MHD CITY DGM VUlI_ AIN(7WNN MC Recognizing the need for greater dredging capacity, Senate Bill 99 of Session 2017 was passed by the North Carolina Senate and provides for the construction of a privately owned dredge that can be utilized to maintain shallow draft navigations channels within the State including Oregon Inlet. Section 13.7(a-h) of the bill states: the maintenance of the slate's shallow draft navigation channels in a manner that keeps those channels navigable and safe and minimizes their closure or degradation is a vital public purpose and proper governmental function and that declines in federal funding and dredging activity have significantly and adversely impacted the ability of the federal government to maintain these channels in a timely manner. The resulting deterioration in these channels damages the significant portion of the economy of the State's coastal regions that is dependent on the use of the navigation channels by watercraft. Therefore, it is the policy of the State to support and when necessary to meet the public purposes set forth in this subsection, to supplement federal maintenance of the navigational channels. The bill authorized the allocation of up to $15 million of State funds to be provided, in the form of a forgivable loan to a private partner for the construction and operation of a dredge capable of maintaining shallow draft navigation channels throughout the State. The legislation further authorized the Oregon Inlet Task Force to solicit proposals through an RFP, through which a private partner could be selected. Proposals were solicited from interested companies and the Oregon Inlet Task Force selected a private partner to work with. However, prior to significant investments being made by the dredge partner for planning, design, and construction of a dredge plant, it is necessary to have permits in place for the maintenance work for which the dredge is being constructed. With that in mind, Dare County is seeking the permits and authorizations required to utilize a privately owned new special purpose dredge to supplement the USACE's efforts to maintain safe navigation within the confines of Oregon Inlet and certain connecting channels (Figure 2). This proposed action includes the ability to dredge on a year-round basis as is currently. All aspects of the proposed dredging operations, including the extent of dredging areas, the location for disposal of dredge spoils and the ability to dredge year round would be bound by the same conditions and constraints as defined within the USACE's existing authorization for the operation of their special purpose dredges. The specific areas to be dredged, as defined in the USACE authorization, would include: "... a 14 feet deep by 400 feet wide channel through Oregon Inlet and the ocean bar. An approximate 16,050foot long portion of the channel from Oregon Inlet to Hell's Gate (12 feet deep by 100-feet wide) and an approximate 2,850 foot long portion o Old House Channel (12 feet deep by 100 feet wide) in Dare County" (USACE, 20045N ECEIVIED Given the channel through Oregon Inlet and the ocean bar as well as the channel from OfiWn2 2 L-019 Inlet to Hell's Gate are both maintained in a location that follows "best water", and are not in a fixed position, a proposed channel corridor has been defined in which maintenance "4WD CITY is being requested to align with the channel parameters sited above. Figure 3 sho&IVED s JAN 3 0 2019 APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. DCM WILMmInTriN Nr` location of the proposed channel corridor, examples of the channel position based on present bathymetric surveys, as well as proposed disposal sites. The nearshore disposal sites proposed for material dredged by the new dredge would also be identical to what is currently authorized by the USACE that is "nearshore disposal off the north end of Pea Island and in deep scour holes beneath the Herbert C. Bonner Bridge" (USACE, 2004). 1.2 Purpose and Need Dredging is necessary to maintain safe and reliable transportation routes through waterways. Oregon Inlet is no exception. Despite considerable efforts on the part of the USACE, State, and Dare County, shoaling continues to impede mariners and has resulted in the U.S. Coast Guard's inability to properly position navigation buoys within the channel. As a result, the risk of damage to vessels and injury to people continues. Since the 1960's, over 25 people have died and 22 boats have been lost within the inlet (Dare County, 2018). Oregon Inlet is considered one of the most commercially vital inlets along coastal North Carolina (Dumas, 2014). Numerous business sectors rely on the ability to safely navigate this waterway on a regular basis. As such, maintaining safe navigation from Pamlico Sound to the Atlantic Ocean via Oregon Inlet is critical for the local, regional, and State's economy. Based on available data, between 1995 and 2012, the US Army Corps of Engineers spent an average of approximately $6.5 million per year on dredging Oregon Wet. In recent years, Dare County and the State of North Carolina have contributed significantly to the maintenance of Oregon Inlet as federal funding levels have been reduced. That being said, the economic impact of Oregon Inlet to Dare County is very significant and far outweighs the costs necessary to keep the inlet passable through dredging. In fact, the annual economic impact to the Federal Government alone greatly exceeds the recent and historical annual expenditures for dredging (Dumas et al, 2014). A recent economic study of the inlet suggested that under recent conditions, (as of 2014) when the navigation through Oregon Inlet is successful 40% of the time, five business sectors (commercial fishing, seafood packing/processing, boat building and support services, recreational fishing, and tournament fishing) contribute an economic impact of $403.5 million in revenues while supporting 3,319 jobs in Dare County. When incorporating nearby counties including Dare, Currituck, Camden, Pasquotank, Perquimans, Tyrell, and Hyde, the regional economic impact of the inlet amounts to $423.3 million while supporting 3,601 jobs. At a larger scale, the study cites an overall statewide economic impact of $548.4 million and 4,348 jobs. If the inlet were to be navigable 85%-100% of the time over the course of an entire year, the 2014 study stated that these business sectors could potentially provide a total annual economic impact of 5,120 jobs and $642.2 million to Dare County, 5,590 jobs and $678.4 million to the region, and 5,397 jobs and $693.0 million to the State of North Carolina (Dumas et al, 2014). The economic impact of Oregon Inlet to Dare County prompted the County to partner with the North Carolina Division of Water Resources (NC DWR) to provide supplemental funding for Oregon Inlet starting in 2016. The annual report prepared by the NCDWR, which was required by SL 2013-360, Section 14.22, indicates a Dare County contribution of $884,000 matched with $2,652,000 by the State to contribute an additional $2,652,000 to E1E0E$IW&r Oregon Inlet maintenance in FY 16/17. RECEIVED FEB 2 2 2019 � [AN 3 0 2019 APTIM COASTAL PLANNING & ENGINEERING OF NORTH CARAIJtJA.INS M CITY �l.M M 0CM WILMIMMON. NO . ....... ATLA.NTIG OCEAN rw000 ...... 0 OREGON 1NL ET 1` AND V DISPOt;AL IS ANC 'L 11 �FXTF_N41UN 17RANGE 1, Ada Dredge material to be placed in newshore dispcsal [ 7500op as wetl as underneath HerbertC BcrnFr Hodge it deep soair holes, r GT; Notes: 1- Cordmates are in feet based on the North Carolina State Plane 3. Backgramd imagery is from ESRI Imagery Lenend: Coordinate System. FPIS 3200, Forth American Datum of Basenap dated February 11, 201& 1983 (NAD 83). Proposed Channel Old House Channel 2. Proposed Oregon Inlet, Ocean Bar Channel, and Oregon Corridor Oregon Inlet to HelYs Inlet to Hells Gate Channels are not fixed and rather follow Federally Authorized Gate Channel deep water at time of maintenance. Locations shown on Fixed Location the map are for representation onh/,and will change based Channels {� Oregon Inlet & Ocean on bathymetiy at the time of maintenance. Bar Channel Figure 3. Proposed dredging corridor and disposal locations 8 APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. U Z 0 � W LU � o «� Z O C9 Z V C) m M- W o U W ittwi m U 0 Even with the State and Dare County taking initiatives to provide the necessary supplemental funding to maintain the Oregon Inlet Channel, dredge plant availability has become the primary reason for not being able to maintain dependable navigation through the inlet. The USACE Wilmington District dredge plants are in high demand to maintain navigation channels throughout the East and Gulf Coast including other channels throughout North Carolina. Demand has increased recently given the ability of other communities to provide supplemental funding for USACE dredges to conduct navigation maintenance in channels vital to their communities. The purpose of Dare County's proposed action is to have the ability to operate a yet -to -be - constructed dredge within the confines of Oregon Inlet in a manner that aligns with current USACE maintenance practices within Oregon Inlet. This includes the ability to conduct maintenance dredging on a year-round basis. The need of this action is to maintain the County's, region's and states economic viability while preserving environmental quality and human safety. 1.3 Scoping and Consultation History An interagency scoping meeting to discuss the proposed action was held at the North Carolina Department of Environmental Quality (NC DEQ) in Washington, NC on September 25, 2018. Attendees included representatives from Federal and State resource agencies including the US Army Corps of Engineers (USACE), US Fish and Wildlife Service (USFWS), North Carolina Division of Marine Fisheries (DMF), North Carolina Division of Water Resources (DWR), North Carolina Division of Coastal Management (DCM), and the North Carolina Wildlife Resources Commission (WRC). Representatives from Dare County's consultant, APTIM, were also in attendance. The meeting's primary objective was to bring agency representatives together to present the project scope and develop an agreed upon permitting approach and the necessary environmental documentation. During the meeting, it was determined that a CAMA Major Permit, NC DWR General Water Quality Certificate, and NC State Historic Preservation Ofiice's (SHPO) concurrence would be required. In addition, from the federal side, a Department of Army (DA) Individual Permit complying with Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act would be required. Concurrences would also be needed from USFWS and NMFS to comply with Section 7 of the Endangered Species Act (ESA) and the Magnuson -Stevens Fishery Conservation and Management Act. Furthermore, an Environmental Assessment (EA) would be required to satisfy the requirements of the National Environmental Policy Act (NEPA). A subsequent meeting was convened on October 29, 2018 between the County and representatives of Wilmington District's Civil Works and Regulatory Division to discuss the procedural aspects of the proposed project and to ensure that the actions associated with the proposed project will strictly adhere to the conditions set forth for the authorized federal project. INSERT DISCUSSION OF FURTHER CONSULTATION WITH USFWS (Jule of existing SARBO if Josh provides me with this info.)?? RECEIVED FEB 222019 s JAN 3 0 2019 APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAROLINbINM C._MHD CITY liDCM WILMINGTON, NC 2 DESCRIPTION OF ALTERNATIVES 2.1 Alternative #1: Status Quo- Continuation of Existing Channel Maintenance Operations The federal Manteo (Shallowbag) Bay project (also known as the Oregon Inlet Project) consists of the maintenance dredging of a channel 14 feet deep and 400 feet wide from the Atlantic Ocean through Oregon Inlet with a connecting channel 12 feet deep and 100 feet wide west of the Bonner Bridge to the intersection with Old House Channel in Pamlico Sound. This channel intersection is known as Hell's Gate. Old House Channel, which also measures 12 feet deep and 100 feet wide, connects Hell's Gate with Wanchese Harbor and Shallowbag Bay near Manteo (Figure 4). In recent years, the USACE has focused much of its maintenance dredging in the area around the navigation span of the existing Bonner Bridge to address severe shoaling associated with the southward encroachment of the Bodie Island spit into the navigation channel. The navigation span of the existing bridge is only 130 feet wide and the channel through the navigation span must be maintained in order to keep the channel navigable. Maintenance dredging near the navigation span has been performed by contract hopper dredges, contract pipeline dredges, Government sidecast dredges, and Government special purpose dredges. Maintenance of the ocean bar channel has been performed primarily by contract hopper dredges since 1993 supplemented by USACE sidecast dredges and special purpose dredges. Prior to 2004, maintenance of the channel west of the bridge and a portion of Old House Channel near Hell's Gate, was maintained by contract pipeline dredges with disposal of the dredged material in upland disposal sites. In 2004, the USACE published an EA/FONSI (USACE, 2004) which permitted USACE special purpose dredges to perform maintenance in the channel west of the bridge as well as in Hell's Gate and along approximately 2,850 feet of Old House Channel near Hell's Gate on a year-round basis (Figure 4). The Bonner Bridge is currently undergoing replacement and the new Bonner Bridge will include a 3,400-foot navigation section. Bent spacings for the navigation section of the new bridge will be 350 feet, which will allow a greater degree of flexibility for routing the navigation channel through the bridge. RECEIVED FEB 2 2 .:';'i DCM-MHD CITY RECEIVED 10 IAN 3 0 2019 APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. LLCM WILMINGTON, NC Old House Channel L to Oregon Inlet o are J nteo (ShatI Be die IB/ and d W Isl. C jLWXA rA aT rs Gate WOpte9°" G�0oe\ to Isl. �Npt71O Dynamic Inlet. Dredging follows existing channeYnaturaly deep water, except in the vicinity of Herbert C. Bonner Bridge. where the dredging alignment is constrained by the bridge's Pamlico ,Sound navigation span. Atlantic Ocean Dredge material to be placed in near shore disposal as well as undemeath Herbert C. Bonner Bridge in deep scour holes Not ;o Scale. t intended for navgn a6ouse. For -.: New Shore Disposal Me A a� Navigation Channel Dredge vn>rs IRICIVED Figure 4.Oregon Inlet/Old House Channel (Source USACE EA 2004). Maintenance of the ocean bar channel through Oregon Inlet was initiated by the USACE in FEB 2 2 2019 1960. Between 1960 and 1972, maintenance was accomplished primarily with the USAMM_MHD CITY hopper dredge Hyde supplemented by the USACE sidecast dredges Merritt and Schweizer. RECEIVED tt JAN 30 2019 APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. i)CM WILMINGTON, NC With the retirement of the hopper dredge Hyde, maintenance of the bar channel between 1973 and 1980 was performed exclusively by USACE sidecast dredges Merritt, Schweizer, and Fry. In 1981, severe shoaling of the seaward portions of the bar channel necessitated the renewed use of contract hopper dredges. Between 1981 and 1982, the newly commissioned USACE special purpose dredge Currituck together with the sidecast dredges Merritt, Schweizer, and Fry constructed a pilot channel across the inlet ebb tide delta in order to allow larger commercial hopper dredges to work in the inlet channel. Between 1983 and 1990, maintenance of the ocean bar channel was accomplished by a combination of contract hopper dredges, USACE sidecast dredges and the Currituck. The material removed by the contract hopper dredges during this period, which totaled over 4 million cubic yards, was deposited off the north end of Pea Island in water depths of approximately 20 feet. During that same time period, USACE sidecast dredges reportedly removed approximately 5.3 million cubic yards from the bar channel. Note, the sidecast dredge Schweizer was retired in the year 2000. As previously mentioned, shoaling in the vicinity of the navigation span of the existing Bonner Bridge, which is associated with the southward encroachment of the Bodie Island sand spit into the navigation channel, became acute around 1991 requiring the USACE to obtain the services of high capacity contract pipeline dredges to clear the channel. Since 1991, contract pipeline dredges have removed an average of about 275,700 cubic yards of sand per year, primarily from the vicinity of the bridge navigation span. The dredged material removed by pipeline dredges is pumped to ocean beach disposal sites located along the northern 1 to 3 miles of Pea Island. When operating, sidecast - - -W � LT. dredges like the Merritt (Figure 5) dispense material to the side of the navigation channel, while special purpose dredges such as the r Currituck (Figure 6) and J Murden (Figure 7) fill a p small hopper with the material and transport it to oFigure oMerritt. designated disposal areas. In special purpose dredges, such as the Currituck, water pumped into the hopper is osidecastocrediftt':ACE) overflowed to provide an economic load of sand, since the dredged slurry entering the hopper contains about 20% sand RECEIVED and 80% water. Once the desired load is obtained, the sediment is taken to nearshore waters where the split —hull hopper is opened and the sediments are dumped. In 2012, the USACE FEB 22 2019 replaced the sidecast dredge Fry with the special purpose dredge Murden. The Murden is similar in design to the Currituck, but has a larger bin capacity of 512 cubic yards comp'*M_MHD CI to 315 cubic yards for the Currituck. The Murden along with other USACE dredges including Ty the Currituck and the sidecast dredge Merritt have all worked in Oregon Inlet. (RECEIVED 12 JAN 3 0 2019 APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. W.0 NIILMINGTON, NC 1� Based on recent operations, the Currituck can remove between 2,000 to 2,500 cubic yards per day. Production rates for the Murden average between 2,500 to 3,000 cubic yards/day. Production rates for the two dredges depend on the location of the disposal sites. In 2018, the Currituck worked a total of 145 days in Oregon Inlet and removed over 307,000 cubic yards of material. The Murden worked 5 days and removed over 10,000 cubic yards of sand. Most of the material removed by Murden and Currituck was deposited in the scour hole in Davis Slough on the south end of the bridge. The working speeds of these special purpose hopper dredges range between 1 and 3 knots, and travel speeds range from 7 to 10 knots. The dredges normally maintain shallow channels with depth between -4 - and -14 feet MLW. Daily operating costs for the Currituck are currently $16,200/day while the Murden costs $19,200/day based on a 12 hour day. Figure 6. The special purpose dredge Currituck (Photo Credit: safesea.com lleft.l; from; USACE [right]) Figure 7. The special purpose dredge Murden. (Photo Credit: USACE [left.]; Brian Gauvin, www.professional mariner.com [right]) RECEIVED FEB 2 2 2019 RECEIVED 13 DCM-MHD CITY JAN 8 0 2019 APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. DCM WILMINGTON, NC 2.1.1 Summary of USACE Maintenance Dredging The past maintenance dredging activity by the USACE for the Oregon Net project is summarized in Table 1. This table was developed using Annual Reports of the Secretary of the Army on Civil Works Activities up to 2012, dredge records published in a 2003 report by Moffatt & Nichol on the Bonner Bridge replacement (Moffatt & Nichol, 2003), and a summary of Oregon Inlet dredging activity published in 2018 by EJE Recycling (EJE, 2018). The values in this table are not intended to represent any one year since the type of dredge used over the years has varied. Rather, the values in the table are only intended to provide a general indication of the scope of past maintenance dredging activity associated with the Oregon Inlet Project. A graph of the cumulative volumes removed by the different dredge types since 1980 is provided on Figure 8. Table 1. Summary of Average Annual Dreddw Activitv for the Oregon Inlet Protect Period of Record Used Average Dredge Dredging Years of Total Dredge Vol. Volume (cy/yr) Estimated Activity From To Record Used (cy) During Period During Period of Dredge days/yr. of Record Record Interior Pipeline 1995 2009 15 4,181,100 278,700 117 Ocean Bar- 1983 2005 23 6,504,500 282,800 62 Hopper Dred e Pipeline -Bridge 1991 2013 23 6,340,900 275,700 IS Bar Charnel Sidecast 1974 2015 41 22 380 000 545 800 192 Special Use- 1988 2015 28 1,586,800 56,700 27 Hop er RECEIVED FEB 2 2 2019 DCM-MHD CITY RECEIVED 14 APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. JAN 3 0 _?u �� DCM WILMINGTON, NC Cumulative Dredge Volumes - Oregon Inlet Project- Since 1980 z0,",000 E 1s,000," 0 c` lo.wa,000 a v 0 o,om o 1975 1980 1%5 1990 1995 2003 ]WS 1,)10 Jots 1020 FBral Ywr —Interior Pipeline —Hopper Dredge —Pipeline Bridge & ear Channel Side -Cast —Cumulative Speoai Purpose Figure 8. Cumulative dredge volumes removed since 1980. A plot of the cost of maintenance dredging for the Oregon Inlet project between 1995 and 2015, with cost updated to 2018 price levels using changes in the marine equipment index (USACE, 2016), is provided on Figure 9. These costs only include the actual cost of the dredging operations and do not include ancillary cost for surveys, engineering & design, environmental monitoring, etc. Note the peak in funding during FY 2009 was associated with special funding provided by the American Recovery & Reinvestment Act and does not reflect the average level of funding with normal Operation and Maintenance (O&M) funds. Excluding 2009, the average cost of maintenance dredging between 1995 and 2015 for the Oregon Inlet project (expressed in 2018 price levels) was $6,525,000/year. RECEIVED FEB 2 2 2019 DCM-MHD CITY RECENED 15 APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. JAN 3 0 2019 DCM WILMINGTON, NC Annual Cost of Dredging -1995 to 2012 $1810001000 _..__....._.._... $16,000,000 $14,000,000 V, $12,000,000 0 u m$10,0001000 v e G $8,000,000 a C C C Q $6,000,000 '. $4,000,000 - $2,000,000 1994 1996 1998 2000 2002 2004 Figure 9. Annual coat Fiscal Year 2006 2008 2010 2012 2014 project (1995 to 2012) Following the replacement of the Bonner Bridge, dredging currently conducted in the vicinity of the sole navigation span would no longer be needed. However, dredging in other portions of the channel may be required, including the portion of the channel west of the bridge. Furthermore, if the Bodie Island sand spit continues to migrate south, the spit could again begin to encroach into the navigation channel, however, based on past movement of the sand spit, shoaling due to the southward migration of the sand spit should not pose a problem for at least another 20 to 30 years (CPE-NC, 2012). 2.1.2 Existing Authorizations for the Utilization of USACE Dredge Fleet within Oregon Inlet On May 17, 1950, through PL81-516, The River and Harbor Act, Congress authorized the USACE to dredge Oregon Inlet's ocean bar navigation channel to a depth of 14 feet. In 1970, Congress authorized the Manteo (Shallowbag) Bay Project, which involved the construction of two rock jetties and a 20-foot-deep ocean bar navigation channel for Oregon Inlet. However, in 2003, after decades of study and debate, the White House Council on Environmental Quality (CEQ) announced that they reached a mutual agreement with the Departments of Interior and Commerce not to proceed with the project primarily due to environ oncems. The decision included assurances that the US Army Corps of Engineers ame enough funding to keep the inlet dredged to maintain the authorized 14-foot depth. RECEIVED FEB 2 2 2019 16 JAN 3 0 2019 APTIM COASTAL PLANNING & ENGINEERING OF NORTH CARGO ASwaaa HD CITY DCM WILMINGTON, NC In April 2002, the USACE issued an EA for the maintenance of the ocean bar channel that includes dredging a 600-foot wider channel on the north side of the inlet, removing 26 acres of Bodie Island, and placing the dredged material on Pea Island. After receiving comments from the Department of Interior, two special use permits were issued- one by the NPS and the other from US Fish and Wildlife Service (USFWS) that allowed for a 400-foot wider channel on the north side of the inlet with the dredged material to be placed on Pea Island. In March 2004, the USACE drafted another EA entitled "Use of Government Plant to Dredge in Federally Authorized Navigation Projects in North Carolina". The subsequent Finding of No Significant Impacts (FONSI) document, issued in September 2004, authorized the maintenance of"an approximate 2,650-foot long portion of Oregon Inlet (14-feet deep by 400- feet wide), an approximate 16,050-foot long portion of the channel from Oregon Inlet to Hell's Gate (I2-feetdeep by 100-feet wide) and an approximate 2,850-foot long portion of Old House Channel (12-feet deep by 100-feet wide) in Dare County". The nearshore disposal site for material dredged by a special purpose dredge is located on the south side of Oregon Inlet, off the north end of Pea Island, and in deep scour holes beneath the Herbert C. Bonner Bridge. This authorization allowed for the use of the USACE's shallow -draft special purpose dredge Currituck (or similar Corps special purpose dredge) and the sidecast dredge Merritt (or similar Corps' sidecast dredge). Because the intent of the authorization was to expeditiously remove shoals that were impeding navigation, the proposed dredging could occur at any time of the year. In 1998, the USACE drafted a Biological Assessment (BA) entitled "Use of the Sidecast Dredges Fry, Merritt, Schweizer, and the Split -Hull Hopper Dredge Currituck in Coastal United States Waters". Due to concerns with possible impacts to swimming sea turtles and other biological resources, the BA describes a number specifications included with the design and specifications of the authorized dredges. These design considerations are intended to reduce the risk of impacts to these resources. These include: • Draghead suction limited to an average 350-horsepower with a maximum horsepower of 400-horsepower. • The draghead sizes limited and range from approximately 2 feet by 2 feet to 2 feet by 3 feet. • The draghead openings are further subdivided on their undersides by gridded baffles with openings ranging from about 5 inches by 5 inches to 5 inches by 8 inches. These baffles restrict the size of objects which can enter the dredge draghead. With these specifications in place, the authorization further states that these vessels are not required to operate with sea turtle deflectors on the dragheads and do not require screening or observers. The subsequent Biological Opinion (BO) issued by NMFS later that year states: RECEIVED FEB 2 2 2019 RECEIVED 17 DCM-MHD CI'ry JAN 3 0 2019 APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. DCM WILIi DWON, MC "Based on our consideration of the best available information, we believe that the year- round operation of the hopper dredge Currituck and the sidecast dredges Fry, Merritt and Schweizer to maintain coastal inlets on the eastern seaboard of the United States may affect, but is not likely to adversely affect the continued existence of listed species under NMFS purview. This consultation is valid as well for the operation by Wilmington District Corps of Engmeersfor channel maintenance dredging of up to 10 vessels of this or similar type and size class (under 500 gross tons), with similar dragheads (Brunswick, Brunswick County Type, Brunswick Adjustable, or equivalent), dredge pump horsepower (400 H.P. maximum), and suction and discharge pipe specifications (dredge suction pipes 10-14 inches in diameter, and combined discharge pipe 12-16 inches in diameter) ". 2.2 Alternative #2: Applicant's Preferred- Oregon Inlet Maintenance Supplemented with a New Privately Owned Hopper Dredge Dare County is seeking permits and authorizations to utilize the yet -to -be -constricted privately owned special purpose dredge in the same manner and under the same conditions as what is currently authorized for USACE to perform maintenance dredging within the waters in proximity to Oregon Inlet, as defined in the 2004 FONSI. The dredging conducted by the privately owned dredge would not replace dredging performed by the USACE dredge fleet; rather it would complement the USACE's existing efforts. Because the USACE authorization allows for the maintenance dredging following best water, the footprints of the areas to be dredged are not fixed. Rather, a bathymetric survey is performed prior to each dredge event in an effort to determine the location of the best water for the channel. As such, for this proposed project, a "dredge corridor" has been developed and will serve as the domain in which dredging could be performed in the future (Figure 3). Figure 3 depicts the current location of the confluence of Old House Channel and the Oregon Inlet to Hell's Gate Channel. It should be noted, however, that after further consultation with USACE Navigation staff, the extent of authorized dredging within Old House Chanel that was included in the 2004 FONSI, only includes Range 1 (which extends approximately 2,850 feet) (Figure 3). Due to the migration of "best water" within the channel, dredging of the 2,850 linear feet under this proposed project may occur anywhere along the portion of Old House Channel Range 1 and 2 and Manteo Channel Range 17 Extension within the proposed dredge corridor, as shown in Figure 1. The nearshore disposal sites for material dredged by the new dredge would also be identical to what is currently authorized by the USACE. These areas include nearshore disposal off the north end of Pea Island and in deep scour holes beneath the Herbert C. Bonner Bridge (Figure 3. Because it is anticipated that the majority of the existing Bonner Bridge will be demolished in the near future, the disposal of material for this proposed action will be limited to the areas surrounding the remaining bridge pilings. Many of the specifications for the dredges authorized for year-round use in Oregon Inlet, as specified in the 2004 USACE EA/FONSI are detailed above REVeh4911. 1. 1. RNMVED 18 FEB 2 2 2019 JAN 3 0 2019 APTIM COASTAL PLANNING & ENGINEERING OF NORTH CARD MGD `IT& WILMINGTON, NC specifications were developed to reduce the potential for impacts to swimming sea turtles and other biological resources. With these measures in place, it was determined in the FONSI that sea turtle deflectors on the dragheads, screening, or the use of observers would not be required. These specifications will be implemented for the operation of the privately owned dredge as well. Historically, the total volume of dredged material removed from the connecting channels in proximity to Oregon Inlet has averaged around 900,000 cubic yards on an annual basis. This includes material removed by pipeline dredges from the interior channels as well as the volume removed by the USACE special purpose dredges and sidecast dredges. However, it should be noted that of that volume, approximately 558,400 cubic yards is attributed by the USACE's sidecast dredges. In general, the material removed by sidecast dredges is over stated since the material is simply discharged immediately adjacent to the channel with some of this material retuning to the channel following the dredging operation. The actual volume of in -situ material removed from the channel by sidecast dredges is generally credited to be around 50% of the reported volume. Assuming this is the case, the volume of material that could be available for removal by the privately owned dredge each year would be approximately 615,000 cubic yards. In addition to the material removed by these three dredge types, the privately owned dredge would also be able to perform some maintenance dredging in the ocean bar channel. Based on the values provided in Table 1, the average volume of material typically removed from the ocean bar channel by a USACE special purpose hopper dredge has been approximately 300,000 cubic yards/year. Thus, in total, the total volume of material available for removal by a privately owned dredge may average between 900,000 and 1,000,000 cubic yards/year. 3 ENVIRONMENTAL SETTING 3.1 Physical Environment of Oregon Inlet The project area encompasses the waters between the southern tip of Bodie Island and the northern portion of Pea Island including the ocean bar channel extending offshore and the connecting channels and waters on the Pamlico Sound side of the existing Bonner Bridge. The inlet connects the northern end of Pamlico Sound to the Mid Atlantic Bight region of the Atlantic Ocean. Oregon Inlet is approximately 1.5 miles along its axis and 0.6 miles wide (Mallinson et al., 2008). Bodie Island, which forms the inlet's northern shoulder, is a part of the Cape Hatteras National Seashore (Seashore), which is administered by the National Park Service (NPS). The southern end of Bodie Island, including the Oregon Inlet campground and the Oregon Inlet Marina and Fishing Center, is primarily used for recreation. The southern shoulder of the inlet is home to the Pea Island National Wildlife Refuge (Refuge). The Refuge lies within the boundaries of the Seashore and is administered by the US Fish and Wildlife Service (USFWS). The Refuge consists primarily of barrier island beach, dunes, and coastal wetlands. A former US Coast Guard Station building is at the northern end of Hatteras Island. The Station is listed on the National Register of Historic Places (NRHP). In 1963, the 2.44-mile Bonner Bridge was constructed and served to connect vehicular traffic along Highway 12 between Bodie Island and Pea Island. The briBeGENED a primary navigation span navigation span providing 65 feet of vertical clearance above mean higIVED 19 FEB 2 2 2019 APTIM COASTAL PLANNING & ENGINEERING OF NORTH CA L I JAN 3 0 2C'.y iil-NNS(HD CITY DCM WILMINGTON, NC and 130 feet horizontal clearance between fenders. An adjacent span with 90 feet of horizontal clearance is often used for navigation as the result of natural channel movement (US DOT, 2008). The primary navigation channel, Oregon Inlet Channel, extends approximately 3 miles and is aligned northeastward in the inlet proper and then turns northwestward to Old House Channel, into Pamlico Sound. Davis Channel, a secondary route just west of Pea Island, runs to the southwest for 2.5 miles and is especially susceptible to shoaling (Nichols and Pietrafesa, 1997). Because the existing Bonner Bridge is nearing the end of its intended lifespan, the North Carolina Department of Transportation is in the process of constructing a replacement bridge. The new 2.8 mile Bonner Bridge, anticipated to open in the spring of 2019, will be located just west of the existing bridge INC DOT, 2018). The new bridge will include seven navigation spans providing an average of 300 feet of horizontally clearance between spans and a vertical clearance of 70. The navigation zone (area with spans of the navigation span height and width) would be 1,600 to 2,000 feet long (US DOT, 2008). Following the constriction of the new bridge, the majority of the original bridge will be demolished with the exception of a 1,000-ft section at the south end that will be repurposed into a fishing pier (Walker, 2018). 3.1.1 Geomorphology Like most inlets, the geomorphology of Oregon Inlet is dynamic. During relatively storm -free periods, an elongated spit forms along the southern shoulder of Bodie Island and the cross- section of the inlet assumes a narrow, but deep configuration with steep banks. However, during times of stormy weather, when Oregon Inlet's shoulders are well-rounded, the configuration is a shallow channel with wide overbanks on one or both sides (US DOT, 2008). The inlet channel that separates the adjacent islands is called the throat channel or inlet gorge. The throat channel generally consists of a central main ebb channel flanked by several marginal flood channels. In general, the cross -sectional area of the throat channel conforms to the volume of water that must pass through it. When the water volume is decreased, the channel will tend to shoal. If the volume increases, the channel will deepen and/or widen (NUlinson et al., 2008). The throat channel at Oregon Inlet has remained relatively stable over time; however, there has been a tendency for the gorge to migrate southward. Shifts in the location of the throat often coincide with the passing of major storm events such as hurricanes and nor'easters. The continued movement of the throat has become problematic for the USACE in maintaining the navigation channel beneath the existing Bonner Bridge's navigation span. In the first few years following the construction of the bridge, the location of the channel through the navigation span was maintained by the natural scouring action of tidal currents (Mallinson et al., 2008). However, beginning in 1968, the shoaling rate for this part of the channel increased as the sand spit on the Bodie Island shoulder began migrating southward toward the span. Since 1971, bottom profiles have shown the throat channel somewhere other than at the navigation span most of the time (US DOT, 2008). The continued movement of Oregon Inlet's throat channel has complicated the USACE's maintenance of the ocean bar channel. In 1981, the channel adjacent to the south end of Bodie Island began to deteriorate, and a new bar channel formed in a more central location between Oregon Inlet's shoulders. Consequently, inlet dredging was increased to preserve the navigation channel, a terminal groin was constructed on the south bank at Pea Island in 1989- RECEIVED RECEIVED 20 FEB 2 2 2019 JAN 3 0 2019 APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. DCM-MHD C1V9M WILMINGTON, NC 1991, and a rock revetment was emplaced around the south base of the bridge to prevent further migration (Mallinson et al., 2008). Despite these attempts to maintain safe navigation, the geomorphology of the inlet channel remains dynamic necessitating the need to continue regular channel maintenance dredging. 3.1.2 Waves Wave data gathered by the USACE's Wave Information Studies program from WIS Station 63223, located offshore from Oregon Inlet, indicates that significant wave heights at Oregon Inlet average about 3 feet with yearly extreme significant wave heights of at least 10 feet. Wave heights exceeding 5 feet occur approximately 10% of the time in the project area. The majority of the wave energy at Oregon Inlet comes from the northeast and east directions; this accounts for the southward migration of Oregon Inlet (Figure 10) (USACE, 2018). RECEIVED RECEIVED 21 FEB 2 2 2019 JAN 3 0 2019 APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. DCM-MHD CITY DCM WILMINGTON, NC Atlantic WIS Station 63223 01-Jan-1980 thru 31-Dec2014 m Long:-75.33° Let: 35.830 Depth: 30 m Total Obs : 306815 WAVE ROSE N 0 337.5 22.5 315 45 292.5 67.5 frequency Of 014 018 0 oaumence 0 7 011 W 270 90 E 247.5 112.5 225 135 202.5 157.5 180 SIG WAVE HEIGHT (m) S o-+ +-z za as as ,, rs+o +a+ze US Army Engineer Research & Development Center sreaWA3 Figure 10. Average wave height and direction near Oregon Inlet from WIS Station 63223. 3.1.3 Wind and Storms Wave data gathered by the USACE's Wave Information Studies program from WIS Station 63223, located offshore from Oregon Inlet; indicates that the mean wind speed from 1980 through 2014 near Oregon Inlet was 15.4 mph with a maximum wind speed of 86 mph. The mean wind direction during this timeframe was from the southeast at 142' (Figure 11) (USACE, 2018). RECEIVED FEB 2 2 2019 RECEIVED 22��.a�p CITY JAN 3 0 2019 APTIM COASTAL PLANNING & ENGINEERING OF NORTH DCM WILMINGTON, NC Is Atlantic WIS Station 63223 01Jan-1980 thru 31-Dec-2014 Long:-75.330 Let: 35.831 Depth: 30 nn Total Obs : 306815 WIND ROSE N 0 337.6 22.5 315 45 292 5 67.5 frequency of 0.08 0.1 0.13 mwnerim 0.03 W 270 90 E 247.5 112.5 225 135 2D2.5 157.5 180 WIND SPEED (rn'/s)) S 0.6 FlaF,a 1P�aF25 US Army Engineer Research & Development Center Srs3m_.aa Figure 11. Average wind speed and direction near Oregon Inlet from WIS Station 63225. Most of the storms affecting the Outer Banks, including Oregon Inlet, occur during the months of November through April with the most intense in January followed by December and February. Cione et al. (1993) showed that between November and March, there are 4 or 5 extratropical cyclones which occur per month in the vicinity of Cape Hatteras, with each event lasting 1 to 4 days. Generally, the North Carolina coast is subject to two types of severe windstorms: extra -tropical northeasters and hurricanes. Northeasters, with accompanying high tides and waves, can rapidly erode the shoulders of Oregon Inlet.,�h s are faiCEIVED common in this area, with between 30 and 35 of varying severity hi hie t each y 23 FEB 2 2 2019 JAN 3 0 2019 APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. DCM-MHD CITYDCM WILMINGTON, NC (US DOT, 2008). Hurricanes may be responsible for major events, such as inlet openings and closings and gorge shifts, but because of their relative infrequency (approximately one hurricane every two years), the overall impact of hurricanes is less significant than northeasters on this section of the coast (US DOT, 2008). Storm surges associated with hurricanes and extra -tropical lows have dramatic impacts on Oregon Inlet by generating water level differences between the sound and the ocean, which potentially could be more than 10 feet (3 meters). The maximum sound water level of 7.5 feet over mean sea level was recorded during Hurricane Donna, in September 1960; during the Ash Wednesday Storm in March 1962, the maximum ocean surge level of 8 feet over mean sea level was recorded (US DOT, 2008). 3.1.4 Sea Level Rise On October 1, 2011, the USACE distributed an Engineering Circular (EC) setting parameters for the inclusion of the effects of projected sea level rise for all phases of USACE coastal projects. This consideration includes the planning, engineering, design, construction, operation and maintenance phases (EC 1165-2-212). Because projects are implemented at a local or regional scale, it is important to distinguish between global mean sea level (GMSL) and local mean sea level (MSL). According to the USACE (1996), global mean sea level (GMSL) change is defined as a global change of oceanic water level. Local mean sea level (MSL) changes result from the collective effects of GMSL and regional changes, such as local land elevation changes. According to the International Panel on Climate Change (IPCC) (2013), the long-term global mean sea level trend estimate from 1901 to 2010 is 1.7 mm/year, for a total sea level rise of 0.19 in. The latest IPCC report states that global mean sea level will continue to rise during the 21' century, and climate models predict that rates of sea level rise will increase due to increased ocean warming and melting glaciers and ice sheets (IPCC, 2013). Mean sea level trends can be estimated using historical tidal gauge records. The National Oceanographic and Atmospheric Administration (NOAA) has maintained a tide observation station at Oregon Inlet Marina, North Carolina called Tide Station 8652597 since 1977 (NOAA, 2018). This station presently is in working order and continues to collect tide data. The mean sea level trend for Oregon Inlet is estimated at 4.36 (+/- 1.66) mm/year, based on monthly mean tidal data recorded by Tide Station 8652587 from 1977 to 2017 (Figure 12) (NOAA, 2018). RECEIVED FEB 2 2 P0,9 RECEIVED DCM-MHD CITY JAN 3 0 2019 24 APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. OCM W ILMINGTON, NC 8652587 Oregon Inlet Marina, North Carolina 4.36 +/— 1.16 mm yr 0.60 — Linear gtladve Sea Level Trend 0.45 —Upper 95%Confidenm Interval _ — — — — — — — — — — — — — — — — — — — — — — — — — —Lower 95%Comldence Interval Monthly mean sea level VvIth the 0.30 _ avenge seasonal gtle removed — — — — — — — — — — — — — — 0.15 — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — n u 0.00 I IT i -0.30 — _ _ _ _ — _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ -0.45 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ -0.60 ,__... __Y.,_._.. 1900 1910 1920 1930 1990 1950 1960 197D 1980 1990 2000 2030 2020 Figure 12. Relative flea level rise trend at Oregon Inlet Marina, North Carolina. AFFECTED ENVIRONMENT 4.1 Water Quality The waters of the Atlantic Ocean contiguous to that portion of Pasquotank River Basin that extends from the North Carolina -Virginia State Line to the northeast tip of Ocracoke Island are classified as SB by the North Carolina Department of Environmental Quality, Division of Water Resources (DWR). Class SB waters are tidal salt waters protected for all SC uses in addition to primary recreation. Primary recreational activities include swimming, skin diving, water skiing and similar uses involving human body contact with water where such activities take place in an organized manner or on a frequent basis. Class SC waters are all tidal salt waters protected for secondary recreation such as fishing, boating and other activities involving minimal skin contact; fish and noncommercial shellfish consumption; aquatic life propagation and survival; and wildlife. Water quality can be measured by a number of different methods that quantify re -suspended sediments and the related effects of turbidity, light attenuation and water chemistry. Turbidity, expressed in Nephelometric Turbidity Units (NTU), quantitatively measures the clarity of water, taking into account the scattering and absorption of light by suspended particles. The two reported major sources of turbidity in coastal areas are very fine organic particulate matter and sand sized sediments that are re -suspended around the seabed by local waves and currents (Dompe, 1993). Total Suspended Solids (TSS) are solids that are present anywhere in the water column. TSS can include a wide variety of material, such as silt, decaying plant and animal matter, industrial wastes and sewage. Currently, there are no standards associated with TSS in North Carolina. RECEIVED In 1989, the DWR (at the time known as the Division of Environmental Management of ffB 2 2 2019 North Carolina Department of Environment, Health, and Natural Resources) conducted a synoptic water quality study of the Albemarle/Pamlico system. Water quality parameterDMMHD CITY sampled from 33 sampling sites at the surface, photic zone, bottom, and throughout the water column. Two locations sampled near Oregon Net (Pamlico Sound near channel matW601VE� 25 APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. JAN 3 0 2019 L)CM WILMINGTON, NC 4M14 "PA" and Roanoke Sound at channel marker G "9") indicated that the parameters tested were within state standards and expected ranges (US DOT, 2008). The DEQ's Division of Marine Fisheries (DMF) maintains water quality sampling sites throughout the State. Two stations near the Oregon Inlet indicate good water quality levels, with enterococci levels within the EPA standards for swimming. These monitoring sites are located specifically at the northernmost beach access on Pea Island (Station ID #25) and at the Oregon Inlet Federal Campground (Station ID #23) (Figure 13). Between April 2017 and October 2018, neither monitoring site exhibited enterococci levels about the EPA standard indicating that water quality, in terms of bacterial contamination, was good in the ocean waters around Oregon Inlet and no water quality advisories or alerts had been issued (NCDMF, 2018). RECEIVED FEB 2 2 2019 DCM-MHD CITY RECEIVED JAN 3 0 2019 26 APTIM COASTAL PLANNING & ENGINEERING Of NORTH CAROLINA, INC. OCM WILMINGTON, NC Figure 13. Water quality sampling stations in proximity to the Oregon Inlet. Green indicates no alert/advisory, meaning the enterococci levels are within the EPA standards for swimming. RECEIVED 4.2 Air Quality FEB 2 2 2019 In accordance with the Clean Air Act of 1970 (42 USC 7609, as amended in 1990 and 199 the US Environmental Protection Agency (USEPA) established National Ambient Air Qualt*M-MHD CITY Standards (NAAQS) for the protection of public health and welfare. Ambient air quality standards are based on six common pollutants: particulate matter less than 2.5 m (PM-2.5 particulate matter 2.5 to 10 m (PM-10); carbon monoxide (CO); ozone (03); sulfur �JVED JAN 3 0 2019 27 APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. DCM WILM INGTON, NO (S02); nitrogen dioxide (NO2); and lead (Pb). According to the EPA, a geographic area that meets or is within the national ambient air quality standard is deemed an "attainment area"; an area that does not meet this standard is called a nonattainment area. Dare County as a whole is designated as an attainment area (USEPA, 2014). 4.3 Noise Noise levels in the proposed project area are relatively low. No terrestrial -based commercial or industrial activities exists within the proposed project area. The two main sources of noise in proximity to the inlet originate from vehicular traffic on the Bonner Bridge along Highway 12 and boat traffic (including dredging activity). In 2003, a noise measurement survey was conducted in areas surrounding Oregon Inlet. The A -weighted noise levels, a measure of sound intensity with frequency characteristics that correspond to human subjective response to noise, were recorded in a grassy area in the Oregon Inlet Campground located approximately 1.5 miles to the north of Oregon Inlet. The average A -weighted noise level at this location was 58 dBA which does not approach the Federal Highway Administration's Noise Abatement Criteria (NAC) for Category B activities (US DOT 2008). As stated previously, a wide range of commercial and recreational vessels utilize Oregon Inlet on a regular basis. These vessels contribute to the noise within the project area. The primary sources of noise emanating from ships originates from their propellers, motors and gears. The noise created by the motor is continuous and caused by the combustion of fuel inside the engine cylinders and by the rotating gears and shafts. Sound is also created by bubbles formed by the rotating propellers and, to a lesser extent, by the wake of waves produced by the movement of the ship. The breaking of these bubbles creates a loud acoustic sound and is known as cavitation noise. The faster the propeller rotates the more cavitation and the louder the sound. The breaking bubbles produce sound over a range of frequencies, and at high speeds, these frequencies can be as high as 20,000 Hz. On the other extreme, a large ship with slowly turning propellers can generate very low frequencies (below 10 Hz) (Discovery of Sound in the Sea, 2018). Most vessels, but particularly large ships, produce predominantly low frequency sound (below 1 kHz) from onboard machinery, hydrodynamic flow, and from propeller cavitation (Ross, 1987). Source levels can range from < 150 dB re: luPa to over 190 dB for the largest commercial vessels (Hildebrand, 2009). Along with boating operations, the use of dredges on a regular basis contributes to the noise experienced within Oregon Inlet. Hopper dredges, like the USACE Murden and Cunitu44ECEIVED hydraulically remove sediment from the seafloor through dragheads. Sediment is sucked upward through a pipe by means of centrifugal pumps, and the slurry is transferred to t�g 2 2 2019 hopper bin. These actions, along with operating the vessel's engine, produce noise ranging from 70 to 1,000 Hz with peaks at 120 to 140 dB (Clarke et al 2002, unpublished). RobbX%-MHD CITY et al., (2011) carried out an extensive study of the noise generated by a number of trailing suction hopper dredges during marine aggregate extraction. Source levels of the vessels `MEIVED estimated and an investigation undertaken into the origin of the noise. Source levels at frequencies below 500 Hz were generally in line with those expected for a cargo ship trave'3% 3 0 2019 28 DCM WILMINGTON, NC APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. at modest speed. Levels at frequencies above 1 kHz were elevated by additional noise generated by the extraction in harder substrate (e.g., gravel), and attenuate rapidly with distance. CEDA (2011) indicate that hopper dredges have a source level of 186 dB — 188 dB re luPa rms ranging from 100 — 500 Hz. In a study of hopper dredge noise on a sand shoal, Reine et al., (2014) found that source levels peaked at 178.7 dB re luPa at lm. Additional ambient noise levels in the inlet arise from sources such as wind and pounding surf. Ambient sound levels within coastal waters can vary seasonally and temporally, and are associated with shipping and industrial sounds, wind -and -wave induced sound, and biologically produced sound (Richardson et al., 1995). 4.4 Essential Fish Habitat 4.4.1 Fishery Management 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 RECEIVED 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 FEB 2 2 2019 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 manageDCM-MHD CIT 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 RECEIVED 29 APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. JAN 3 0 2019 MY %Y" 1A111>s? ?l*l. NC 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 overshed. 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). 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 2). 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, 2014). 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, 2010a). 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. Table 2. EFH for managed species within coastal North Carolina. Not all species within a management unit have EFH desi nated; such species ha 'none' within the life sta es column. Management Agency Management Plan Species group Common name Scientific name EFH life stages SAFMC Calico Scallop Calico scallop Ar o ecten gibbus A SAFMC Coastal Migratory Pelagics Cobia Rach centron canadum E L P J A SAFMC Dol tun King mackerel Co haena hi urns Scomberomoms cavalla L P J A JA SAFMC SAFMC Spanish mackerel Scomberomorus maculatus L J A SAFMC lComl & Coral Reef Corals 100s of species Florida onl SAFMC Golden Crab Golden crab Chaceon fenneri A SAFMC Red Drum Red dmm Sciaeno s ocellatus E L A SAFMC Shrimp Brown shrimp Far ante enaeus azteem E L A SAFMC Pink shrimp Fa ante enaeus duorarwn E L A SAFMC Rockshrimp Sicyonia brevirosiris A SAFMC Royal red shrimp Pleoticus robustus A SAFMC White shrimp Lilovenams setl eras E L A SAFMC I Snapper Grouper Blackfin snamer Lu 'anus J A SAFMC Blueline tilefish CaulolaW E A SAFMC Golden tilefish Lo holatilus chamaeleontice s A SAFMC Gray snapper Lu 'anus gp4jiis L A SAFMC Greater amberiack Seriola d J 30 DCM-MHD CITY JAN 3 0 2019 APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. W,M VIRt MIMGTnmN NC SAFMC Jewfish E ine helus ita'ara Florida only SAFMC Mutton snaliver Lut'anus analis Florida on[ SAFMC Red vorgy Pagrw pagrwE L J A SAFMC Red sna or Lutimus cam charms L P J A SAFMC Scamp ctero rca henax A SAFMC Silk snapper Lut'anus vivanus J A SAFMC Snowy uver E ine helus niveatus E L A SAFMC Speckled hind E ine helus drummmnd/ravi A SAFMC Vermillion sna er Rhombo lites auroruberu SAFMC Warsaw grouper E ine helus ni ims SAFMC White runt Haemulon plum SAFMC Wreckfish Po rion americmms SAFMC Yellowed a ou r E ine helus avolimbatus rA SAFMC Spiny Lobster Spiny Lobster Panuirrus argus MAFMC Atlantic Mackerel, Squid, Butterfish Atlantic butterfish Pe dl triacmdw MAFMC Atlantic mackerel Scomber scombrus MAFMC Lon finned s uid Loli ealei MAFMC Short finned squid 111ex illecebrosus None MAFMC Atlantic Surfelam & Ocean Quahog Ocean quahog Artica islandica None MAFMC Surfelam S isula soli&mma None MAFMC Bluefish Bluefish Pomatomus saltahr LJA MAFMC Spiny Dogfish Spinydogfish S uahes acanthus JA MAFMC Summer Flounder, Scup, Black Sea Bass Black sea bass Centroristis siriata E L J A MAFMC Summer flounder Parafichthys dentahm L J A NMFS FLgh Migratory Species Blue marlin Make ira nigricans E L J A NMFS Lon bills earfish Tetra turns pfluejzem JA NMFS Sailfish Istio horns platypterus E L J A NMFS White marlin Tetra tiros albidus JA NMFS Atlantic angel shark S uau'na dumerili None NMFS Atlantic sha nose shark Rhizo rionodon terraenovae J A NMFS Baskina shark Cetorhinos mmimus None NMFS Bilt now shark Carcharhinusaltimus J NMFS Bi e e sand tiger shark Odontas is noronhai None NMFS Bi e e six ill shark Hexanchus vimlus None NMFS Bi e e thresher shark Ala ias su erciliosus E L P J S A NMFS Blacknose shark Carcharhinus acronotus JA NMFS Blackfiv shark Carcharhinus limbatus JA NMFS Blue shark Prronace zimca J S A NMFS Bonnethead Sphyrnadburo JA NMFS Bull shark Carcharhinus leucas J NMFS Carribean reef shark Carcharhinusji rezi Research Area NMFS Carribean sharmose shark Rhrz rionodon pomstis None NMFS Dusky shark Carcharhinus obscurus A NMFS Finetooth shark Carcharhinus isodon E L P J S A NMFS Galapagos shark Carcharhinus galapazensis None NMFS Great hammerhead Sphyrna mokarran J A NMFS Lemon shark Neizaprion brevirostris J A NMFS Longfin mako shark Isurus paucus E L P J S A NMFS Narrowtooth shark Carcharhinus britchvurw None NMFS Night shark Carcharhinus sigwtus J A NMFS Nurse shark Ginglymostoma cirratum J A NMFS Oceanic whitefiv shark Carcharhinus longimanw J S A NMFS Porbeagle shark Lamm nasus None NMFS Sand tiger shark Odonwpis taurus J A NMFS Sandbar shark Carcharhinus lumbeus NMFS Scalloped hammerhead S lewrni NtUti NMFS Sha nose seven ill shark He tranchias erlo NMFS Shortfin mako shark Isurus inchus NMFS Sil shark Carcharhinus al i ormisNMFS UE Six 'll shark Hexanchus iseus NMFS Smalltail shark Carcharhinus roses NMFS Smooth hamerhead S na aena NMFS S inner shark Carcharhrnus brew! inna FED 2019 � ■ 31 JAN 3 0 Z019 APTIM COASTAL PLANNING F� ENGINEERING OF NORTH CAROLINA, INC. Dem 1IVll.!14lMr?(1N *40 NMFS Thresher shark common Alovias m1 inus None NMFS Tilter shark Galeocerdo cuvim J S A NMFS Whale shark Rhincodon twits None NMFS White shark Camharodon corcharias J NMFS Swordfish Xi hias ladius E L J S A NMFS Albacore Thmnus alai= a A NMFS Atlantic bi e e tuna Thunmus obesus J A NMFS Atlantic vellowfin tuna Thunnus albacores E L J S A NMFS SkipLack tuna Kolmwonus elamis E L J S A NMFS Western Atlantic blueftn tuna Thunnus th nnus E L J S A 1. These Essential Fish Habitat species were compiled from Essential Fish Habitat: A Marine Fish Habitat Conservation Mandate for Federal A encies. Febr 1999 (Revised 10/2001) (Appen ices 2, 3, 6, 7, an 8). Although species are fisted m ppen ix under ationa Marine FigService management, only 35 of these species have EFH listed in Appendix 8. . Life stages include: E = Eggs, L = Larvae, P = PostLarvae, J = Juveniles, S = SubAdults, A = Adults . Organizations responsible for Fishery Management Plans include: SAFMC (South Atlantic Fishery Management Council); r"AFMC (Mid -Atlantic Fishery Management Council; NMFS = National Marine Fisheries Service) 4.4.2 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 3. Of those habitats listed, only marine/estuarine water column, intertidal flats, 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 3. Essential Fish Habitat identified in FMP Amendments of the South Atlantic and Mid -Atlantic FMC's (NMFS 20 10a). SAFMC MAFMC Estuarine Areas Estuarine Areas Estuarine Emergent Wetlands Seagrass Estuarine Scrub/Shrub Mangroves Creeks Oyster Reefs and Shell Banks Mud Bottom Intertidal Flats Estuarine Water Column Palustrine Emergent and Forested Wetlands Aquatic Beds Estuarine Water Column Marine Areas Marine Areas Live/Hard Bottoms (None) Coral and Coral Reefs Artificial/Manmade Reefs Sargassum Water Column Intertidal Flats RECEIVED FEB 2 2 Z 019 DCM-MHD CITY The SAFMC designates intertidal flats as EFH that serve as benthic nursery areas, refuges and feeding grounds. Benthic nursery areas provide a low energy environment where predation RECEIVED 32 APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA. INC. JAN 3 0 M9 Dom 11411."Wr__70N, No pressure is low and suitable prey is abundant (flounders, red drum, gray snapper, blue crab and penaeid shrimp utilize this EFH as nurseries). Intertidal flats serve as areas of refuge since they provide safety from predation and adverse physical conditions, such as tidal currents. As feeding grounds, intertidal flats provide prey for those species adapted to feeding in shallow water (SAFMC, 1998). Intertidal flats are ephemeral features located within Pamlico Sound and along the shoulders of Oregon Inlet on Bodie Island and Pea Island. Estuarine and Marine Water Columns The SAFMC and MAFMC designate estuarine and marine water columns as EFH. The SAFMC defines the estuarine and marine water columns as the medium of transport for nutrients and migrating organisms between river systems and the open ocean (SAFMC, 1998). The estuarine water column is organized into salinity categories ranging from 0 ppt to > 30 ppt according to the method of classification utilized. The marine water column is divided into oceanographic zones that are defined by physical parameters of the water column such as temperature, salinity, density and others. Three oceanographic zones are defined for the North Carolina area including outer shelf (131 to 230 ft.), mid -shelf (66 to 131 ft.) and inner shelf (0 to 66 ft.). These zones are influenced by the Gulf Stream, winds, tides and freshwater runoff (SAFMC, 1998). Marine water column environments in proximity to the Project Area include the inner shelf waters and surf zone waters in proximity to Oregon Inlet. Managed fish species that utilize marine water column EFH in North Carolina waters are managed by the ASMFC, NCDMF, NMFS, SAFMC and MAFMC and are discussed in Section 4.4.1 above. The estuarine water column environment within the project area encompass the waters on the soundside of the Bonner Bridge in proximity to the connecting channels. The North Carolina Division of Water Quality (NCDWQ) classifies the Pamlico Sound as SA, High Quality Waters (HQW) while the Atlantic Ocean is classified as SB. The SA classification refers to tidal salt waters used for commercial shellfishing or marketing purposes and are also protected for all Class SC and Class SB uses. All SA waters are also HQW by supplemental classification. The HQW classification refers to waters that rate excellent based on biological and physical/chemical characteristics through Division monitoring or special studies, primary nursery areas designated by the Marine Fisheries Commission and other functional nursery areas designated by the Marine Fisheries Commission. 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 characteriz'RECE IVED 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)(t)). In North Carolina, the most common species of SAV is eelgrasFEB 2 2 2019 (Zostera marina), shoalgrass (Halodule wrightii) and widgeon grass (Ruppia maritime). These vegetation beds occur in both subtidal and intertidal zones and may occur in isolated patikrmM-MHD CITY or cover extensive areas (Deaton, 2010). SAV is designated EFH for the snapper/ o er complex, red drum and penaeid shrimp by the SAFMC (NMFS, 2010b). Blue crabs, wMENED JAN 3 0 2019 33 APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. DCM WILMINGTON, NC managed by the NCDW, 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 (Mycteroperca microlepsis), gay snapper (Lu Janus griseus), bluefish (Pomatomus saltatrix), flounder species (Paralichthys sp.), fish of the Clupeidae family and others are found in seagrass beds in the early spring and summer (ASMFC, 2016). Bay scallops (Argopecten irradians concentricus) are also typically found in SAV habitat. Because of its use for foraging, spawning and shelter, SAV is designated as HAPC. The red drum (Sciaenops ocellatus) 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 wrighth) 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. SAV occurrences within coastal areas in North Carolina have been delineated by NWS using visual interpretation of SAV areas using high resolution aerial photography. The most recent visual interpretation for the area surrounding Oregon Inlet was conducted using 2013 imagery (Field, 2018 pers. comm.). Figure 14 depicts the extent of the occurrences within this area. No SAV resources are found within the proposed project area. RECEIVED FEB 2 2 20,9 DCM-MHD CITY RECEIVED JAN 3 0 2019 3 APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. ilCM WILMINGTON, NC r.p..- ... - .................. p............7......., p...j.,... ........ IlGVG1 Y GV FEB 2 2 2019 iqN 3 0 2019 35 DCM-MHD CI � APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. Yi6M WILMINGTON, NC Oyster Reefs and Shell Banks 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, 2010a). 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 substrate; vegetated or non -vegetated substrate and presence or absence of shell. Figure 15 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 red polygon just to the west of the project area is designated as "subtidal unvegetated shell" habitat. RECEIVED FEB 2 2 2019 RECEIVED DCM-MHD CITY JAN 3 0 2019 36 APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. JCM W ILMINGTON, NC Figure 15. Shellfish resources in proximity to the project area. FEB 2 2 2019 RECEIVED DCM-MHD CITY]AN 3 0 2019 37 APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. DCM WILMINGTON, NO 4.4.3 Habitat Areas of Particular Concern 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 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 4 below (NMFS, 2010a). There are no designated HAPC identified within the project area. Table 4. 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 Hermatypic Coral Habitat and Reefs Not Applicable Hard bottoms Not Present Hoyt Hills Not Applicable Sar assum Habitat Not Applicable State -Designated Areas of Importance to Managed Species Not Applicable Submerged Aquatic Vegetation Not Ap2licable North Carolina HAPC Project Area Habitat Big Rock Not Applicable Bogue Sound Not Applicable Pamlico Sound at Hatteras/Ocracoke Inlets Not Applicable Capes Fear, Lookout & Hatteras (sandy shoals Not Applicable New River Not Applicable The Ten Fathom Ledge Not A licable The Point Not A licable 4.4.4 Nursery 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 ofe year when juvenile species are abundant (Deaton et al., 2010). There are no NCDMF99V&1FVNAs i�CEIVED proposed project area. 38 FEB 2 2 2019 JAN 3 0 2019 APTIM COASTAL PLANNING & ENGINEERING OF NORTH cA00*M.p CIi' Y)CM WILMINGTON, NC 4.4.5 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, three are in proximity to Oregon Inlet including the Bodie Island Lighthouse Pond, the Oregon Inlet/Roanoke Sound Bird Nesting Islands, and the Pea Island National Wildlife Refuge. Bodie Island Lighthouse Pond The Bodie Island Lighthouse Pond is a man-made pond/impoundment spanning 255 acres located on the west side of NC Highway 12 approximately 2 miles to the north of Oregon Inlet. This feature is owned by the National Park Service and is part of the Cape Hatteras National Seashore. The pond was created decades ago for waterfowl hunting purposes and for fill material for NC 12 (Sorrie, 2014). There is only one narrow outlet to Roanoke Sound, impeded by an earthen roadbed. Water level fluctuates with rainfall cycles, such that the amount of emergent marsh encircling the pond varies over time. Common plants include nonnative common reed (Phragmites austrahs), Olney's threesquare, common threesquare (Schoenoplectus pungens), broadleaf cattail (Typha latifolia), climbing hempweed (Mikania scandens), and seashore mallow (Kosteletzkya virginica). Three North Carolina rare spikerushes are present: salt marsh spikerush (Eleocharis halophila), beaked spikerush (E. rostellata), and littlespike spikerush (E. parvula). Olney's threesquare (Schoenoplectus americanus, formerly known as Scirpus olne)i), a Watch List sedge, is common in patches (Sorrie, 2014). The Pond is habitat for large numbers of waterbirds, making it an excellent bird watching site. Black -necked stilts (Himantopus mexicanus) nest at the edge of the pond, and black rails (Laterallus jamaicensis) have been heard calling in the marsh and are presumed to nest there (Sorrie, 2014). Oregon Inlet/Roanoke Sound Bird Nesting Islands The Oregon Wet/Roanoke Sound Bird Nesting Islands natural area comprises a collection of nine or more dredge spoil islands along the channel from Oregon Inlet to Roanoke Sound (east of Wanchese), as well as a few islands that extend south into northern Pamlico Sound, opposite North Pond on Pea Island. The 314-acre site comprises an outstanding cluster of bird nesting colonies, with eighteen species documented, eleven of them rare in North Carolina. Shrub thickets support nesting colonies of up to seven species of herons, ibises, and egrets. Several less -vegetated islands are used by large numbers of gulls and terns for nesting and resting. Nearly 1,000 pairs of brown pelicans (Pelecamrs occidentalis) nested in 1988 (Some, 2014). The 2011 census tallied these numbers of nesting pairs: great egret (Ardea alba) — 112, little blue heron (Egretta caerulea) — 47, snowy egret (E thula) — 16, tricolored heron (E. tricolor) — 53, white ibis (Eudocimus albus)—1,474, gull -billed to n nilotica — 3, Caspian tern (Hydroprogne caspia) — 2, herring gull (Lanus argeen a us — 6, great RMEM FEB 2 2 2019 JAN 3 0 2019 39 APTIM COASTAL PLANNING & ENGINEERING OF NORTH 14® C1 JCM WIIMINGTON, NC backed gull (L. marinus) — 133, black -crowned night -heron (Nycticorax nycticoraz) — 22, brown pelican —1,485, glossy ibis (Plegadisfalcinellus)-14, black skimmer (Rynchops niger) — 90, common tern (Sterna hirundo) — 46, least tern (Sternula antillarum) — 150, royal tern (7halasseus maximus) — 3,961, Sandwich tern (T. sandvicensis) — 490 (NCWRC, 2011). Succession to woody species on islands used by terns, gulls, and skimmers is detrimental; on others, woody succession creates nesting habitat for the herons, ibises, and egrets. Deposition of dredge materials on some of the early successional islands by the US Army Corps of Engineers is helping to replenish lost sand and to smother woody succession. Pea Island National Wildlife Refuge Pea Island was cut off from Hatteras Island by New Inlet, just north of Rodanthe until the inlet closed many decades ago. Today, Pea Island forms the northern end of Hatteras Island. This site includes 5,899 acres and features 12 miles of ocean beach, dunes, interdune sand flats, shrub thickets, tidal marshes, and waterfowl impoundments; most of it in excellent condition. Islets in Pamlico Sound provide nesting habitat for egrets, shorebirds, terns, and skimmers. Terns and piping plovers also nest on sand flats and upper beaches. The impoundments attract many kinds of birds to feed and rest; some spend the summer, some spend the winter, and others stop over just in migration (Some, 2014). Natural communities found within the Refuge include Brackish Marsh (Salt Meadow Cordgrass Subtype), Dune Grass (Southern Subtype), Maritime Shrub (Bayberry Subtype), Maritime Shrub (Wax Myrtle Subtype), Maritime Wet Grassland (Southern Hairgrass Subtype), Salt Marsh, Sand Flat, Stable Dune Barren (Southern Subtype), Upper Beach (Southern Subtype) (Sorrie, 2014). These communities serve as habitat for a large number of rare plants and animals. Rare plants include blue witchgrass (Dichanthelium caerulescens), nerved witchgrass (D. aciculare ssp. neuranthum), little -spike spikerush (Eleocharis parvula), salt -meadow grass (Diplachne maritima), winged seedbox (Ludwigia alata), Illinois pondweed (Potamogeton illinoensis), slender sea -purslane (Sesuvtum maritimum), moundlily yucca (Yucca gloriosa) (Some, 2014). Rare animals found within the site include piping plover (Charadrius melodus), northern harrier (Circus cyaneus), little blue heron (Egretta caerulea), snowy egret (E thula), tricolored heron (E tricolor), gullbilled tern (Gelochelidon nilotica), American oystercatcher (Haematopus palliatus), blacknecked stilt (Himantopus mexicarms), black rail (Laterallus jamaicensis), glossy ibis (Plegadts falcinellus), black skimmer (Rynchops niger), common tern (Sterna hirundo), least tern (Sternula antillarum), diamondback terrapin (Malaclemys terrapin), loggerhead seaturtle (Caretta caretta), green seaturtle (Chelonia mydas), Carolina watersnake (Nerodia sipedon williamengelsi) (Some, 2014). 4.4.6 Managed Species Managed species that have the marine water column listed as an EFH and that may be present in the project area include coastal migratory pelagics, highly migratory species; snapper grouper complex; shrimp; summer flounder, scup and black seabass; red drum; bluefish and spiny dogfish. The following narratives briefly describe each of tWEqWMeI9r species. FEB 2 2 2019 RECEIVED 40 DCM-MHD CITY JAN 3 0 2019 APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. DCM WILMINGTON, NO 4.4.6.1 Coastal Migratory Pelagics Prior to the 1980's, king and Spanish mackerel catches were essentially unregulated. Introduction of airplane reconnaissance and large power -assisted gill net vessels in the commercial fishery took advantage of the schooling nature of the fish and greatly increased catches. Harvests by both recreational and commercial fishermen in the 1970's and early 1980's exceeded reproductive capacity and led to overfishing. Federal regulations were implemented in 1983 to control harvest and rebuild dwindling stocks of king and Spanish mackerel. Different migratory groups were later managed separately, and quotas, bag limits and trip limits established to rebuild the mackerel fisheries. Gear regulations included the elimination of drift gill nets in 1990. Since the implementation of management measures, stocks have been increasing (SAFMC, 2018). The Coastal Migratory Pelagic (Mackerel) FMP for the Gulf of Mexico and South Atlantic regions is a joint management plan between the Gulf of Mexico Fishery Management Council and SAFMC. Beginning in January 2012, in addition to managing separate migratory groups of king mackerel and Spanish mackerel, the two fishery management councils have added separate migratory groups of cobia to the FMP. Essential fish habitat for coastal migratory pelagic species includes sandy shoals of capes and offshore bars, high profile rocky bottom, barrier island ocean -side waters and waters from the surf to the shelf break zone, including Sargassum. In addition, all coastal inlets and all state - designated nursery habitats are of particular importance to coastal migratory pelagics. Spanish Mackerel (Scomberomorus maculates) Spanish mackerel make north and south migrations depending on water temperature, with 68' F being a preferred minimum. Spanish mackerel can be found from April to November in North Carolina's waters, then they migrate south to the Florida coast in the late fall. They may be found as far inland as the sounds and coastal river mouths in the summer months. Spanish mackerel spawn from May to September (SAFMC, 1998). King Mackerel (Scomberomorus cavalla) Similar to Spanish mackerel, water temperature and prey availability trigger inshore and offshore migrations of king mackerel. In the winter and early spring, king mackerel congregate just inside the Gulf Stream along the edge of the continental shelf. During the summer and fall, they move inshore along the beaches and near the mouths of inlets and coastal rivers. King mackerel prefer water temperatures between 68° F and 78' F (SAFMC, 1998). Cobia (Rachycentron canadum) Cobia have a world-wide distribution preferring warm water temperatures from 680 to 860 F. Cobia are pelagic fish, and typically congregate off North Carolina to spawn in May and June. However, spawning has been observed in shallow bays and estuaries with the young heading offshore after hatching (FLMNH, 2010). Cobia typically migrate south in the fall to over - winter in wanner waters. EFH for cobia includes, but is not limit Iinity bays, estuaries, seagrass habitat, sandy shoals and rocky bottom (SAFMC, ]� �+ RECEIVED FEB 2 2 2019 JAN 3 0 2019 41 DCM-MHD CITY APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. DCM WILMINGTON, NC 4.4.6.2 Highly Migratory Species Atlantic Highly Migratory Species are managed under the dual authority of the MSFCMA and the Atlantic Tunas Convention Act (ATCA). Under the MSFCMA, the National Marine Fisheries Service (NMFS) must manage fisheries to maintain optimum yield by rebuilding overfished fisheries and preventing overfishing. Under ATCA, NMFS is authorized to promulgate regulations, as may be necessary and appropriate, to implement the recommendations from the International Commission for the Conservation of Atlantic Tunas (ICCAT). Before this action, tunas, swordfish and sharks were managed under the 1999 FMP for Atlantic Tunas, Swordfish and Sharks (and its 2003 amendment) and billfish were managed under the 1988 Atlantic Billfish FMP (and its 1999 amendment). The 2006 final HMS FMP combined the management of all Atlantic HMS into one FMP (NMFS, 2006). In Amendment 1 to the consolidated HMS FMP released in 2009, NMFS updated identification and descriptions for EFH and revised existing EFH boundaries for Atlantic HMS (NMFS, 2009). Table 5 identifies the HMS and corresponding life stage for which the marine waters in vicinity of the project are designated as EFH. Table 5. HMS and their life starie that have marine wa rsinvkinityofthepro ect area desi5 nated as EFH. Tuna Life Stage' Sharks Life Stage Bluefin (Thunnus thynnus) J Sandbar (Carcharhinus plumbeus) YOY, J, A Skipjack (Katsuwonus pelamis) J, A Silky (Carcharhinus falciformis) YOY, J, A Yellowfin (Thunnus albacres) J Spinner (Carcharhinus brevipinna) J, A Billfish Life Stage Tiger (Galeocerdo cuvieri) YOY, J, A Sailfish (Istiophorus platypterus) J Sand Tiger (Carcharias taurus) YOY, J, A Sharks Life Stage Angel (Squatina dumerilt) J, A Scalloped Hammerhead (Sphyrna lewini) J A Sharpnose (Rhizoprionodon terraenovae) A Dusky (Carcharhinu obscurus) YOY, J, A Thresher (Alopias vulpinus) YOY, J, A 'Young of the Year (YOY), Juvenile (J), Adult (A) 4.4.6.3 Snapper Grouper Complex Ten families of fishes containing 73 species are managed by the SAFMC under the snapper grouper FMP. Association with coral or hard bottom structure during at least part of their life cycle and their contribution to an interrelated reef fishery ecosystem is the primary criteria for inclusion within the snapper grouper plan. There is considerable qLXIVE13pecific lift. EIVEp FEB 2 2 2C'9 az JAN 3 0 2019 APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAIXMIMD CIT&M WILMINGTON, NO history patterns and habitat use among species included in the snapper grouper complex (SAMFC, 1998). Essential fish habitat for snapper grouper species includes coral reefs, live/hard bottom, submerged aquatic vegetation, artificial reefs and medium to high profile outcroppings on and around the shelf break zone from shore to at least 600 feet where the annual water temperature range is sufficiently warm to maintain adult populations. EFH includes the spawning area in the water column above the adult habitat and the additional pelagic environment, including Sargassum, required for larval survival and growth up to and including settlement. In addition, the Gulf Stream is an essential fish habitat because it provides a mechanism to disperse snapper grouper larvae. Essential fish habitat for specific life stages of estuarine dependent and nearshore snapper grouper species includes areas inshore of the 100-foot contour such as attached macroalgae; submerged rooted vascular plants; estuarine emergent vegetated wetlands; tidal creeks; estuarine scrub/shrub; oyster reefs and shell banks; unconsolidated bottom; artificial reefs; and coral reefs and live/hardbottom. Given the lack of EFH present near the project area and space constraints in this document, thorough characterizations of this diverse multispecies complex is omitted but may be referenced in the SAFMC FMP (SAFMC, 1998). 4.4.6.4 Shrimp Penaeid Shrimp: Brown Shrimp (Penaeus aztecus), Pink Shrimp (Penaeus duorarum), White Shrimp (Penaeus setiferus) Penaeid shrimp are reported to spawn offshore, moving into estuaries during the post -larval stage during the early spring. As the shrimp grow larger, they migrate to higher salinity environments. In late summer and fall, they return to the ocean to spawn (NCDMF, 2006). For penaeid shrimp, EFH includes inshore estuarine nursery areas, offshore marine habitats used for spawning and growth to maturity, and all interconnecting water bodies as described in the Habitat Plan. Inshore nursery areas include tidal freshwater (palustrine); estuarine and marine emergent wetlands; tidal palustrine forested areas; mangroves; tidal freshwater, estuarine and marine submerged aquatic vegetation and subtidal and intertidal non -vegetated flats. This applies from North Carolina through the Florida Keys. 4.4.6.5 Summer Flounder, Scup and Black Sea Bass Summer flounder (Paralichthys dentatus), scup (Stenotomus chrysops) and black sea bass (Centropristus striata) are managed by the MAFMC. The three species are considered part of an offshore -wintering guild of fish, a migratory group of warm temperate species that are intolerant of colder, inshore winter conditions (MAFMC, 2018). Summer flounder (Paralichthys dentatus) Adult summer flounder emigrate from North Carolina estuarie "dp November as water temperatures decrease and spawning takes place in continental shelf waters (MAFMC, 2018). Larvae immigrate to the higher salinity areas of estuarie QAnArmmon JAIMIVED 43 DCM-MHD CITY JAN 3 0 2019 APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. UCM WILMINGTON, NC through April. Juveniles are present year-round at salinities between 5 ppt to > 25 ppt (MAFMC, 2018). Adult summer flounder are common in estuaries in November and December, but typically not present January through March as they will have migrated to warmer offshore waters to over -winter. Juveniles are abundant year-round in estuarine waters from 5 ppt to >25 ppt salinity. From January to April larval summer flounder are rare at lower salinities (5 ppt to 25 ppt), becoming common at salinities > 25 ppt (MAFMC, 2014). This stage (larval) of the life cycle is reported as most abundant in nearshore waters (12 — 50 miles offshore) at depths between 30 and 230 feet from November to May in the southern part of the Mid -Atlantic Bight (MAFMC, 2018). EFH for summer flounder has been identified as shelf waters and estuaries from Albemarle Sound, North Carolina through to St. Andrew/Simon Sounds, Georgia for the larval, juvenile and adults stages (MAFMC, 2018). Scup (Stenotomus chrysops) Scup are a schooling continental shelf species of the Northwest Atlantic that undertake extensive migrations between coastal waters and offshore waters. Spawning occurs from May through August, peaking in June. Scup spawn once annually over weedy or sand -covered areas. Juvenile and adult scup are demersal, using inshore waters in the spring and moving offshore in the winter. About 50% of age-2 scup are sexually mature (at about 17 cm total length, or 7 inches), while nearly all scup of age 3 and older are mature. Adult scup are benthic feeders and forage on a variety of prey, including small crustaceans (including zooplankton), polychaetes, mollusks, small squid, vegetable detritus, insect larvae, hydroids, sand dollars, and small fish. The Northeast Fisheries Science Center food habits database lists several shark species, skates, silver hake, bluefish, summer flounder, black sea bass, weakfish, lizardfish, king mackerel and goosefish as predators of scup (MAFMC, 2018). Essential Fish Habitat for scup includes demersal waters, sands, mud, mussel beds and seagrass beds, from the Gulf of Maine through Cape Hatteras, North Carolina. Black Sea Bass (Centropristus striata) The northern population of black sea bass spawns in the Middle Atlantic Bight over the continental shelf during the spring through fall, primarily between Virginia and Cape Cod, Massachusetts. Spawning begins in the spring off North Carolina and Virginia, and progresses north into southern New England waters in the summer and fall. Collections of ripe fish and egg distributions indicate that the species spawns primarily on the inner continental shelf between Chesapeake Bay and Montauk Pt., Long Island. Adult black sea bass are also very structure oriented, especially during their summer coastal residency. Unlike juveniles, they tend to enter only larger estuaries and are most abundant along the coast. A variety of coastal structures are known to be attractive to black sea bass, including shipwrecks, rocky and artificial reefs, mussel beds and any other object or source of shelter on the bottom. Essential Fish Habitat for black sea bass consists of pelagic waters, structured habitat, rough bottom shellfish, and sand and shell, from the Gulf of Maine through Cape Hatteras, North CaroliniRECEIVED (MAFMC, 2018). FEB 2 2 2019 4.4.6.6 Red Drum DCM-MHD CITY Red drum (Sciaenops ocellatus) are managed solely by the ASFMC through Amendment 2 to the Interstate FM? (ASFMC, 2014). Red drum populations along the Atlantic coRE6EIVED JAN 3 0 2919 44 APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. DCM WILMINGTON, NC managed through the Atlantic Coastal Fisheries Cooperative Management Act (Atlantic Coastal Act). Unlike the MSFCMA that addresses fishery management by federal agencies, the Atlantic Coastal Act does not require the ASFMC to identify habitats that warrant special protection because of their value to fishery species. Nonetheless, the ASFMC identifies habitats used by the various life stages of red drum for management and protection purposes (ASFMC, 2013). Red drum occur in a variety of habitats distributed from Massachusetts to Key West, Florida on the Atlantic coast. Spawning occurs at night in the fall (August through October) along ocean beaches and near inlets and passes and in high salinity estuaries with optimal temperatures being between 72' to 86" F (SAFMC, 1998; ASMFC, 2013). In North Carolina, spawning adults were reported to be common in salinities above 25 ppt (ASMFC, 2013). Juveniles are reported to prefer shallow shorelines of bays and rivers and shallow grass flats in the sounds (SAFMC, 1998). Adult red drum migrate seasonally along the Atlantic coast. Reports from fishermen and menhaden spotter pilots indicate that red drum typically arrive at Cape Hatteras, North Carolina between March and April, some entering Pamlico Sound and others proceeding up the coast. They are expected about a week later at Oregon Inlet and three weeks to a month later in Virginia. Red drum leave Virginia in most years by October and North Carolina by November (SAMFC, 1998). The SAFMC recognizes several habitats as EFH for red drum from Virginia to Florida. In North Carolina, these natural communities include tidal freshwater, estuarine emergent vegetated wetlands, submerged rooted vascular plants, oyster reefs and shell banks, unconsolidated bottom, ocean high salinity surf zones, and artificial reefs. Of the designated EFH, HAPC have been recognized for red drum by the SAFMC. Areas that meet the criteria for HAPC in North Carolina include all coastal inlets, all state -designated nursery habitats of particular importance to red drum, documented sites of spawning aggregations, other spawning areas identified in the future, and areas supporting submerged aquatic vegetation (NCDMF, 2008a). 4.4.6.7 Bluefish Bluefish (Pomatomus sakatrix) are managed by the NNE as a single stock under a joint FMP collaboratively developed by the MAFMC and the ASMFC and implemented in 1990. Bluefish are considered warm water migrants, preferring waters above 57° to 61' F (Shepherd and Packer, 2006). Generally, juvenile bluefish occur in North Atlantic estuaries from June through October, Mid -Atlantic estuaries from May through October, and South Atlantic estuaries March through December, within the "mixing" and "seawater" zones. Adult bluefish are found in North Atlantic estuaries from June through October, Mid -Atlantic estuaries from April through October, and in South Atlantic estuaries from May through January in the "mixing" and "seawater" zones. Bluefish adults are highly migratory and distribution varies seasonally and according to the size of the individuals comprising the schools. Juveniles utilize estuaries as nursery areas and then emigrate to warmer offshore waters when temperatures approach 59' F (Shepherd and Packer, 2006). Bluefish can tolerate temperatureh Ift 86.7° F, but RECEIVED FEB 2 2 2019 JAN 3 0 2019 45 APTIM COASTAL PLANNING & ENGINEERING OF NORTH C9eMGMNC CI M WILMINGTON, NC exhibit signs of stress at both extremes. They can survive temporarily in waters of 45.50 F, but juveniles cannot survive below 50' F (Lund and Maltezos, 1970). Bluefish EFH has been designated for marine areas north of Cape Hatteras based on life stage. Based on the maps provided in Amendment 1 to the Bluefish FMP (MAFMC, 2018), EFH for all life stages of bluefish exists within or in proximity to the Project Area, with an emphasis on young of the year (YOY) and adult bluefish surveys showing the most dense coverage near the project area. 4.4.6.8 Spiny Dogfish In North Carolina, the spiny dogfish (Squalus acanthias) is currently included in the Interjurisdictional FMP, which defers to ASMFC/MAFMC/NEFMC FMP compliance requirements. It is managed jointly under the MAFMC and the North East Fisheries Management Council (NEFMC) FMPs (NCDMF, 2008b). The spiny dogfish is a long-lived species with an estimated life expectancy of 25 to 100 years and is reported to be one of the most abundant sharks in the world. Spiny dogfish are found in oceans and coastal zones, are rarely found in the upper reaches of estuaries, and do not occur in fresh water. Generally, spiny dogfish are found at depths of 33 to 1475 ft. in water temperatures ranging between 37' and 82° F. The preferred temperature range is 45° to 55' F. Spiny dogfish migrate seasonally, moving north in the spring and summer and south in fall and winter (MAFMC, 2018). They are most common in shelf waters in North Carolina from November through April, at which time they begin their northward migration toward Newfoundland and Labrador. Pregnant females and pups are present from February through June in North Carolina waters, with the preferred pupping area located around the Cape Hatteras shoals (MAFMC, 2018). North of Cape Hatteras, EFH is the waters of the continental shelf from the Gulf of Maine through Cape Hatteras, North Carolina in areas that encompass the highest 90% of all ranked ten-minute squares for the area where adult dogfish were collected in the NEFSC trawl surveys. Based on figures within the Spiny Dogfish FMP (MAFMC, 2018), this includes marine water located within the Project Area. 4.5 Threatened and Endangered Species The threatened and endangered (T&E) species under consideration within this environmental assessment were identified through consultation with the National Marine Fisheries Service (NMFS) and the U.S. Fish and Wildlife Service (UFWS) (Table 6). These species, as described in detail below, could be present in the project area based upon their historic geographic range. However, 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. RECEIVED FEB 2 2 2019 RECEIVED 46 DCM-MHD CITY JAI 3 0 2019 APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. DCM WILMINGTON, NC Table 6. Federally threatened, endangered or proposed listed species that may occur in the Project Area. Common Name Scientific Name Federal Status Mammals West Indian Manatec Trichechus manatus Endangered Reptiles Leatherback Sea Turtle Dermochelys coriacea Endangered Hawksbill Sea Turtle Eretmochelys imbricata Endangered Kemp's Ridley Sea Turtle Lepidochelys kempii Endangered Loggerhead Sea Turtle Careua careua Threatened-NWA DPS' Green Sea Turtle Chelonia mydas Endangered' Fish Shortnose Sturgeon Acipenser brevirostrum Endangered Atlantic Sturgeon Acipenser oxyrinchus Endangered —Carolina DPS' Giant Manta Ray Manta birostris Threatened 4.5.1 West Indian Manatee 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 (NIIMIPA). 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) 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 (Schwartz, 1995; USFWS, 2018a). 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). The West Indian manatee (Trichechus manatus) includes two subspecies, the Florida manatee (T. m. latirostris) and the Antillean manatee (T. m. manatus). 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. No statistically robust estimate of population size is currently available for manatees (USFWS, 2018a). The current, best available information includes FWC's d suggests ests a ,�n minimum population size of 4,834 individuals in the Florida REC , et al., 2013). Occurrence throughout the southeastern U.S. changes seasonally, as the manateeREORD FEB 2 2 2019 47 DCM-MHD CITY JAN 3 0 2019 APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. ,)CM WILMINGTON, NO 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, et al., 2007). Sightings and stranding data suggest the Florida manatee regularly 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 71017) (USFWS, 2017; USFWS, 2018a). 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, Berne, Brunswick, Camden, Carteret, Chowan, Craven, Currituck, 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. Manatees arrived in North Carolina in April, and sightings were most common from June to October, when water temperatures were above 20°C (68°F). Sightings declined with water temperature in November, and manatees appeared to absent from the region from December through February (Cummings et al., 2014). Within northeastern North Carolina, sightings have increased since 2011, which may be due to greater awareness and improved survey efforts (Cummings et 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 number of manatees potentially occurring in the Project Area is not known, but is presumed to be low with the greatest likelihood of occurrence during the warmer months, in particular June through October. 4.5.2 Sea Turtles There are five species of sea turtles that can be found nesting on the beaches of North Carolina, swimming in offshore waters, or both. These species include the leatherback sea turtle (Dermochelys coriacea), hawksbill sea turtle (Fretmochelys imbricata), Kemp's ridley sea turtle (Lepidochelys kempii), green sea turtle (Chelonia mydas), and the loggerhead sea turtle (CwTetta carretta). Because the proposed activity is limited to dredging and disposal of dredged material within the waters in and around Oregon Inlet, the information provided below will pertain to swimming sea turtles only. Numerous studies have shown that the Mid -Atlantic and South -Atlantic Bight, particularly the waters from North Carolina to New Jersey, provide important seasonal and migratory habitat for sea turtles, especially juvenile and adult loggerheads from the Northern U.S population. The Mid -Atlantic Bight (MAB) includes oceanic waters from Cape Cod, Massachusetts to Cape Hatteras, NC; and the South Atlantic Bight (SAB) include yy�t��t,ers from Cape Hatteras, NC to Cape Canaveral, Florida. Loggerhead sightings da c r �Yor the MED FEB 2 2 2019 JAN 3 0 2019 4s APTIM COASTAL PLANNING & ENGINEERING OF NORTF{3MLNN6C1T%6CM WILMINGTON, NO Marine Assessment Program for Protected Species show the presence of this species inside the 200-m isobaths is well -documented during the spring (NOAA, 2016) (Figure 16). The occurrence and distribution of sea turtles along the Atlantic coast is tied to sea surface temperature (SST) (Coles and Musick, 2000; Braun -McNeill et al., 2008). In addition, Mansfield et al. (2009) shows that site fidelity of juvenile loggerheads can be due to environmental changes such as water temperature as well as prey availability. Throughout the region, water temperatures increase rapidly in March and April and decrease rapidly in October and November; these temperature changes are quicker in nearshore waters. An analysis of historical tracking and sightings data conducted by the Turtle Expert Working Group (TEWG) indicates that the shelf waters (out to the 200-meter isobaths) off North Carolina are seasonally "high -use areas" for certain life stages of loggerhead sea turtles (TEWG, 2009). During the winter months (January through March), very few loggerheads occur coastally north of Cape Hatteras, North Carolina. During the spring (April through June), summer (July through September) and fall (October through December), the nearshore waters from the North Carolina/South Carolina border up to the Chesapeake Bay, Virginia serve as high -use areas for juvenile and adult nesting females. Similarly, male loggerheads frequent the nearshore waters of the mid -Atlantic Bight from the spring through the fall (essentially April through December), with a high -use area in the vicinity of Cape Hatteras. Braun -McNeill et al.(2008) show that loggerhead turtle presence off Cape Hatteras (based on sightings, standings, and incidental capture records) occurred when 25% or more of the area exceeded SST of 11°C (51.80F). Satellite tagging studies ofjuvenile loggerheads performed by Mansfield et al. (2009) also demonstrate that the waters of Virginia and North Carolina serve as important seasonal habitat for juvenile sea turtles from May through November, and the Cape Hatteras area creates a "migratory bottleneck" that warrants "special management consideration". In a study spanning ten years (1998-2008) 68 female loggerhead sea turtles (Caretta caretta) were tagged following nesting on the beaches of North Carolina (NC), South Carolina (SC), and Georgia (GA) (Griffin et al., 2013). Using satellite tags, their movements were observed to document where the turtles spend their time at sea. Tagging data from the "Northern Recovery Unit (NRU) turtles" (those turtles nesting in this area of the United States) indicate that they migrate to areas offshore Cape Hatteras, NC to northern New Jersey (NJ) to forage and recover from the stresses of reproduction and nesting (Griffin et al., 2013). The majority of the NRU tagged turtles (42 of 68) used migration routes over the continental shelf off Cape Hatteras, NC moving south to the SAB in the winter (mid -September -November) and north to the MAB in the summer (April -June) (Griffin et al., 2013) (Figure 17). The width of the migratory corridor used by the turtles was constricted off Cape Hatteras, NC and used over 7 months of the year (Griffin et al., 2013). This indicates that it is an important high -use area for female loggerheads and this should be considered when conducting activities there. RECEIVED FEB 2 2 2019 RECEIVED as DCM-MHD CITY JAN 3 0 2019 APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. 0CM WILMINGTON, NC "ci" • Loggerhead Survey twklines N 2* 3'4� moben dw Mown. a0 40 80 180 240 320 Nauftel AN Figure 16. Loggerhead turtle sightings during the Southeast AMAPPS summer 2016 aerial survey. Image from NOAA, 2016. RECEIVED FEB 2 2 Z019 DCM-MHD CITY ReCp1VIEM 50 JAN 3 0 2019 APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. or NYII.MINGTON, NC 77°w 37'N 37° USA r 1 U VA Northwest Atlantic Ocean F 36'N 38° NC Mid -Atlantic Bight Cape Hatteras S°N WIN yr tea` c CP South Atlantic Bight 340111 34° 0 1020 40 60 6o „N ®Kilomtem ry Figure 17. Migration routes (post -nesting and inter -foraging segments) of sateWte-tracked loggerhead turtles (N=15) represented by Individual black lines in the Cape Hatteras, North Carolina INC) region. The horizontal dotted line separates the Mid -Atlantic and South Atlantic Bights. Figure from Griffin et al., 2013. Although loggerheads are the most common turtle occurring offshore of North Carolina, the state's marine waters also provide important habitat for green and Kemp's ridley sea turtles. A review of sightings reports obtained from commercial and recreational fishermen and the public indicate that sea turtles are present offshore North Carolina year-round. There were two seasonal peaks: one in spring (April to June) off the entire North Carolina coast E one-, 51 FEB 2 2 2019 APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. DCM-MHD CITY late fall (October through December) off the northern North Carolina coast (Epperly et al., 1995). Sightings were generally greatest in offshore water (>5.6 km from shore), except during the period from May to June, when nearshore (<5.6 km) sightings were equal to offshore sightings. Leatherbacks were also documented nearshore in "large numbers" in early May, presumably with the appearance of prey. The sightings data also indicated the leatherbacks subsequently moved northward along the beach, and leatherback presence declined by late June (Epperly et al., 1995). The North Carolina Sea Turtle Stranding and Salvage Network (STSSN) collects stranding data that are used by state and federal managers in management decisions regarding fisheries activities, dredging operations, beach renourishment, etc. More than 700 participants in the STSSN are required to report each stranding to the NC sea turtle coordinator within 24 hours of first observation. Sea turtle stranding data from STSSN in 2017 show that of 1040 total recorded strandings in North Carolina, 461 (44%) occurred in the months of December and January. Of the 1040 observations, 545, or 52% originated from the waters of Dare County. This includes 4 from the waters off Bodie Island, 365 off Hatteras Island, and 13 in proximity to Pea Island National Wildlife Refuge (Seaturtle.org, 2013). 4.5.3 Shortnose Sturgeon The shortnose sturgeon (Acipenser brevirostrum) 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, 2018a). 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 mesohaline 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). There are accounts of shortnose 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 sturgeon 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 f4EkbEIVED northeast offshore bottom trawl survey (NMFS, 1998). 4.5.4 Atlantic Sturgeon �+F�E�B2 2 2019 In 2009, the Natural Resources Defense Council (NRDC) petitioned NMFS to list thpfa-KHD CITY 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 FebgM EIVED 52 JAN 3 0 2019 APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. ECM WILMINGTON, NC 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 f. Atlantic sturgeon are similar in appearance to shortnose sturgeon (Acipenser brevirostrum), but can be distinguished by their larger size, smaller mouth, different snout shape and scutes (NMFS, 2018b). 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, 2018b). 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, 20118b). 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 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, 2018b). Following 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, 2018b). 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. Records from federal, private and state surveys also show that Atlantic sturgeon have been documented within nearshore Atlantic Ocean habitats from the North/South Carolina state line to off the mouth of Chesapeake Bay (Moser et al. 1998). Collins and Smith (1997) reported the occurrence of Atlantic sturgeons in the Atlantic Ocean off South Carolina in months of low water temperatures (November —April) from nearshore to well offshore in depths up to 40 meters. The rivers, estuaries and nearshore waters of coastal North Carolina serve as important habitat for Atlantic sturgeon. Coastal North Carolina is considered one of several concentration areas along the northeastern U.S. where sturgeon have been shown to aggregate, and Stein et ad. (2004) found the fish were often associated with inlets of the Outer Banks. An acoustic array deployed offshore Cape Hatteras has collected data on acoustically -tagged Atlantic sturgeon (tagged by members of the Atlantic Cooperative Telemetry network) from February 2012 to May 2014. The array consists of 12 VR2W receivers placed 1.6 km apart, nearshore to just shy of 20 km offshore. Data has been collected for 123 individual Atlantic sturgeon, and indicate the highest numbers of detections have occurred during the monfhE%12 2 2019 November and March (Bangley, pers. comm., 2014). In general, few acoustically tagged Atlantic sturgeon were recorded passing the array during the summer months. The Va r&MHD CITY picked up signals from sturgeon released from Connecticut through Georgia, and th4ftEIVED 53 JAN 3 0 2019 APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. DCM WILMINGTON, NC suggest the area may be a "hotbed for Atlantic sturgeon" (Rulifson, pers. comm., September 11, 2014) (Figure 18). A study conducted by Laney et al. (2007) provides some insight into spatial distribution of Atlantic sturgeon in the marine waters offshore Virginia and North Carolina, based on incidental captures in winter tagging cruises conducted between 1988 and 2006. The surveys included sampling in and near extensive sand shoals adjacent to Oregon Inlet and Cape Hatteras. During the months of January and February from 1998 through 2006, investigations by bottom trawling captured 146 juvenile Atlantic sturgeons in depths from 929.9 to 69.9 ft. (Laney et al., 2007). Numbers of Atlantic sturgeon captured and tagged in a given year ranged from 0 (1993, 1995) to 29 (2006). Atlantic sturgeon were encountered in 4.2% of tows, with the percentage varying from 0 in 1993 and 1995 to 12.6% in 1988. Captures typically occurred near shore at depths less than 18 in. Capture patterns suggested that Atlantic sturgeon were likely aggregating to some degree. Many of the fish were captured over sandy substrates. Total lengths of captured Atlantic sturgeon ranged from 577 to 1,517 mm (mean of 967 mm), suggesting that most fish were juveniles. Limited tagged returns and genetic data suggest that fish wintering off North Carolina constitute a mixed stock. 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 et 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). This species has also been shown to utilize sand shoals in the mid -Atlantic Bight. Atlantic sturgeon were collected during otter trawl surveys over the Beach Haven Ridge, a large shoal feature located about 7 miles offshore New Jersey in water depths 6.5 — 62 ft (Milstein and Thomas, 1977). CSA International et al. (2009) suggests pelagic and demersal species that affiliated with shoals are likely seeking food, shelter, orientation or a break from the currents. RECEIVED FEB 2 2 ZC19 DCM-MHD CITY RECEIVED 54 ="iN ,, C 1019 APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. aCM WILMINGTON, NO rl 140 20 too 80 z I 60 40 20 Date Figure 18. Atlantic sturgeon detections recorded by acoustic array located offshore Cape Hatteras, NC. Sturgeon were tagged by the Atlantic Cooperative Telemetry Network (Bangley, pers. comet., September 15, 2014) 4.5.5 Giant Manta Ray https://www.fislieries.noaa.gov/species/giant-manta-rav The giant manta ray (Manta birostris) is currently proposed as threatened under the ESA (82 FR 3694). This proposed rule was initiated by a November 10, 2015 petition from Defenders of Wildlife, which also included the request to designate critical habitat alongside the final listing. As part of this process, a detailed status review of the species was conducted and published in 2016 (Miller and Klimovich, 2016). This review contains extensive species information such as life history and ecology, abundance trends, analysis of the ESA Section 4(A)(1) factors and extinction risk analysis. The IUCN lists the species as vulnerable, which indicates that it is facing a high risk of CEIVED extinction in the wild. The genus is also listed on Appendix 11 of CITES, which providg�6 2 2 2019 protections regarding international trade of the animals and requires very closely restricted aat���� controlled regulations to avoid over utilization. In addition, M. birostris is listed on�t Appendix I and II of the Convention of Migratory Species (CMS). This listing ai AN 3 0 2019 55 APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. ()CM WILMINGTON, NC conserve migratory species throughout their range, including their habitats and migratory routes. The giant manta ray can weigh up to 2,400 kg (5,300lbs) and extend up to 8 m (25 ft) in length. It is characterized by a diamond -shaped body that is black on the dorsal side and white on the ventral side. The giant manta ray has paired cephalic lobes and a wide terminal mouth which they use to feed on plankton. As pelagic planktivores, the giant manta ray seasonally inhabits coastlines with regular upwelling, oceanic island groups, and offshore pinnacles and seamounts (NMFS, 2018c). They also have been observed utilizing inshore areas such as shallow reefs (less than 32 ft in water depth), sandy bottom areas, and seagrass beds (O'Shea et al., 2010; Marshall et al., 2011; Rohner of al., 2013). Overall, the species has a global distribution and is considered migratory; however, studies also suggest that this species may have a higher degree of site fidelity than previously thought (Stewart et al., 2016). The furthest from the equator they have been recorded is North Carolina in the United States (31°N) and the North Island of New Zealand (36°S). They prefer water temperatures above 68 °F (20 °C). The overall low population numbers of giant manta rays are in part due to the threats that these animals face, namely targeted fisheries and bycatch. Manta rays are primarily sought after for their gill plates, which are used in traditional medicine. In addition, the cartilage and skins are also valued in the international trade market (NMFS, 2018c). To a lesser extent, tourism may also negatively impact manta rays by potentially altering their behavior and by divers inadvertently damaging their habitat and/or inappropriately interacting (i.e. touching) the animals. Lower biodiversity and prey availability at overexploited dive sites has also been observed (Miller and Klimovich, 2016). Although no specific studies on the presence of the giant manta ray in North Carolina appear to be available, there have been reports individuals observed in nearshore waters along the outer Banks along with numerous sightings offshore (Bonne, pers. comm., 2018). 4.6 Cultural Resources Cultural resources, such as archaeological or historic artifacts and structures, exist along portions of the North Carolina coastline including along the Outer Banks. Some may be eligible for listing on the National Register of Historic Places (NRHP). 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. In 2008, the US DOT developed an Environmental Impact Statement (EIS) while evaluating alternatives to replace the existing Bonner Bridge. As part of the development of the 2008 EIS, surveys were conducted in order to identify historic architectural and other historic resources within the area of potential effects (APE). The APE for the Bonner Bridge replacement project included the marine and terrestrial areas surround,ern terminus of Bonner Bridge and Hatteras Island from Oregon Inlet to Rodanthe wTiicc m des a PREAENED FEB 2 2 2019 JAN 3 0 2019 56 APTIM COASTAL PLANNING & ENGINEERING OF NORTH CDC"HD CITYCM WILMINGTON, NC of the proposed dredging corridor for this proposed project (see Figures 19 and 20). The methodology for the surveys consisted of background research into the historical and architectural development of the area and a field survey of the APE. All structures 50 years of age and older were photographed, mapped, surveyed, and evaluated for NRBP-eligibility. The APE, as defined for the Bonner Bridge replacement project, is inclusive of portions of the project area for this proposed action, which includes the entire proposed dredging corridor. RECEIVED FEB 2 2 DCM-MHD CITY RECEIVED 57 JAN 3 0 Z019 APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. JCM WILMINGTON, NC u WANCHESE J;���/7� •� :g lslnn i ° e- Q Roanoke Island ^3 ,\ � ,i : aa` , (Former) Onion triter US coast boatel station CanetZarle C' el \ Ha spot Pea Leland It: Nanmud {FfIX(fe 12 : '} ji V ►7. Sandbag Am � Ha smr 1�1i 1: t t' ' , ► ��► It i ► n 1 li i �= ji ; li i Iii 11► � 1: ,1': I► 1Island %'+' t► ► LEGEND V. •.� \ 1 ► �•;' Pamico Sound Bridge Corridor V. ; fef Parelelilddge Camelot \�1••.. ► Rotlgnthe'S' �. AM of Polaalai Ftfert \�. '•. Y., •. 1 Curves Hot Spot 1 ► Pe®ISIaMNaliatal Witlae fleNpe \••''. \Y•••.. 1 C7Hot Spats .�. ,�... ................ .............. t ..x ► Natlorrel Register of HleWdc Places ���-41 ......... . ,"•}, ► Eligible Rodenlhe Hull Dis9t�rict Boundary Emergency _a ff_o��See lnsat 'nap a� Ferry Dock -SKI-- ODANTHE ° REC IVED Figure 19. Area of Potential Effect as determined within the 2008 EIS. FEB 2 2 2019 Four resources or resource areas within the APE were identified in the 2008 EIS as either listed on, or eligible for, inclusion in the NRHP. These include 1) Pea Island National V&CLeMHD CITY Refuge; 2) the (former) Oregon Inlet US Coast Guard Station building (at the northern end of Hatteras Island, 3) Rodanthe Historic District; and 4) the Chicamacomico Life Saving S1®EIVED 58 JAN 3 0 2019 APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. DCM "WIiGTQIIIa NO (USDOT, 2008). Each of these four sites are terrestrial. Because the proposed action of operating a new dredge within the waters of Oregon Inlet and its connecting channels do not include any terrestrial areas, these sites would not be affected and will not be included for fiuther investigation within this EA. As described in Section 3.1.1, the waters within the project area are dynamic and extensive shoaling occurs on a regular basis. Despite the dynamic conditions, historical research indicates that the project area lies in a location with an active maritime history. As such, the North Carolina Division of Archives and History, Underwater Archaeology Branch (NCDAHUAB) has documented the loss of approximately 96 vessels in the general vicinity of Oregon Inlet and an additional 79 vessels within Pamlico Sound (USDOT, 2008). The majority of the documented wrecked vessels are schooners while other vessel types include barks, brigs, and steamers. Documentation from NCDAHUAB indicates that vessel traffic through Oregon Inlet was heaviest in the nineteenth century, with traffic during earlier periods slight in comparison (Dames and Moore, 1979; Angley, 1985; Watts, 1992). Of these documented losses, four wrecks have been identified in proximity to the project area using historic maps. Three of the wrecks plotted on an 1849 US Coast Guard Survey Map are likely well north of the project area because of the southerly migration of Oregon Inlet since its formation in 1846. The fourth wreck, plotted on NOAA Navigation Chart No. 12204 (1975), appears to be the remains of an iron -hulled barge that washed ashore in the early 1970s (USDOT, 2008). This wreck site is in Pamlico Sound immediately west of Rodanthe. This wreck is a modern vessel, however, and is not considered a significant submerged cultural resource. An early twentieth- century windmill also was identified during a review of historic cartographic maps; however, the windmill site is outside of the project area. A magnetometer survey was performed by Dames and Moore (1979) within the Oregon Inlet navigation channel. This survey revealed several anomalies. However, no ground tnrthing of the Dames and Moore targets were performed at the time as background research revealed no known shipwrecks. However, NCDOT, FHWA, and representatives of the SHPO worked cooperatively to develop a scope of work for a remote sensing survey for underwater resources in the area that would likely be disturbed by the construction of Bonner Bridge replacement and, in February 1993, performed the survey. The survey area excluded those areas that have been dredged in the past. The results of the remote sensing survey revealed 41 anomalies, of which three were considered high priority (two near the northern end of Bonner Bridge, and one near the southern end of Bonner Bridge), requiring investigations if not avoided. The SHPO concurred with this assessment in a letter dated May 23, 1993 (USDOT 2008). In October 1995, an underwater investigation of these three anomalies was conducted. A magnetometer survey was conducted to confirm and refine each location and visual inspections were conducted. The anomalies in the northern area were also investigated using subbottom probes. This investigation revealed that the source objects for the anomalies of the two clustersRECEIVED at the north end of the bridge either lie more than 10 feet below bottom or were too small to be located within the patterns of sub -bottom probing. It is, therefore, reasonable to conclude that FEg 2 no substantial shipwreck remains exist within 10 feet of the bottom in this area. The anomaly 2 2019 cluster at the south end of the bridge consisted of three anomalies. A pipeline discovered dullipgM_MHD the diving investigation has characteristics indicating modem origin and, apparently, rs CITY source object for two of the three anomalies. The third anomaly, indicative of an isolated RECEIVED 59 JAN 3 0 2019 APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. DCM WILMINGTON, NC single -source object, has significantly reduced potential for representing a shipwreck. Based on the results of this investigation, it is concluded that no shipwrecks exist in this area. The SHPO concurred with this finding in a letter dated June 5, 1996 (USDOT, 2008). In 1991, an additional remote sensing survey was conducted at Oregon Inlet for the USACE by Panamerican Consultants, Inc. under contract with GAI Consultants, Inc. (Figure 11). This survey was designed to determine the presence or absence of targets that might represent historically significant shipwrecks within proposed jetty construction and dredging areas in response to the USACE's Scope of Work for Delivery Order No. 0001, entitled Underwater Archaeological Remote Sensing Sample Survey, Oregon Inlet Jetties, Manteo (Shallowbag) Bay Project, Dare County, North Carolina, under Contract No. DACW54-91-0010. The sensing survey, which employed both magnetometer and side -scan sonar, recorded three targets which possibly represented shipwreck sites. Of these anomalies, Target 1 was determined to be the site of a drill rig that was lost in 1981, Target 2 represents the recent wreck of the fishing trawler Elizabeth Christine, and Target 3 represents the remains of the tug W.G. Townsend that was lost in 1961. Owing to the recent time frame of these targets, none are considered historically significant relative to National Register of Historic Places criteria and further archaeological investigations within the survey area are not warranted. RECEIVED FEB 2 2 -' DCM-MHD CITY 'RECEIVED JAN 3 0 2019 60 APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. DCM WILMINGTON, NC Figure 20. 1991 Archeological Survey Area and Area of Potential Effects FEB 2 2 2019 RECEIVED DCM-MHD CITY JAN 3 0 2019 61 APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. DCM WILMINGTON, NC As described in detail in Section 2.1, dredging has occurred extensively within Oregon Inlet and its connecting channels. Channel dredging has primarily occurred through the navigation zone of Bonner Bridge, in a corridor approximately 1,000 feet to the east of Bonner Bridge and in a corridor parallel to and west of Bonner Bridge. The dredging parallel to Bonner Bridge occurred during construction of the bridge. The inlet bottom was dredged where the water was less than 10 feet deep. This dredging occurred in an area approximately 150 feet wide and extending the full length of the bridge, except in the area of the current navigation span and several spans to the south. As such, this dredging activity would have disturbed, damaged, or destroyed shipwreck resources unless scour associated with inlet movement re -deposited vessel remains at depths below the limits of dredging. In summary, the 2008 EIS drafted to support the Bonner Bridge replacement effort concluded, "The North Carolina Office of State Archaeology site files contain no record of terrestrial or submerged cultural resources in the Bonner Bridge project area and the associated APE". In addition, the 1991 USACE archeological survey performed within the confines of the proposed jetties in Oregon Wet revealed the presence of no historically important resources as well. 4.7 Socioeconomic Resources As stated in Section 1.2, a recent economic study of Oregon Inlet by Dumas et.al (2014) suggested that five key business sectors contribute the majority of Oregon Inlet's economic impact to Dare County, the region, and the state. These sectors include commercial fishing, seafood packing/processing, boat building and support services, recreational fishing, and tournament fishing. Commercial Fishing Oregon Inlet is considered one of the most commercially vital inlets along coastal North Carolina (Dumas et al., 2014). Users include fishermen from the communities of Wanchese, Manteo, Manns Harbor, and Stumpy Point (all in Dare County) as well as additional communities from other coastal counties (e.g. Hyde, Pamlico). As the ability to navigate through Oregon Inlet has declined over recent decades, the commercial fishing industry has declined as well. For example, in the 1960s there were approximately 40-50 different commercial seafood businesses in Dare County. Presently, however, there are approximately only 15-20 remaining in the County. Of these businesses, most landings are handled by the 4- 5 largest dealers (Dumas et. al, 2014). Due to the relative shallow and dangerous conditions, fewer fishermen choose to operate through Oregon Inlet compared to in the recent past. Potential trips are frequently lost or shortened due to these dangerous inlet conditions, resulting in reduced catch. The shallow draft conditions force commercial boats reduce catch in an attempt to lighten tonnage so that they might be able to pass through the inlet with less chance of grounding. On some occasions, when navigation is extremely challenging, some Oregon Inlet -based commercial fishing boats must offload their landings in Virginia due to safety concerns of traveling the inlet under loaded conditions. If the navigability of Oregon Inlet is not maintained, Dumas et. al (2014) indicated that the remaining few commercial fishing vessels would choose to remain in the fishing business but pjp@I e their fishing operations to other ports, most likely located in southern North aro ma otr`�>rginiOR�thiA would certainly impact the local and regional economy. FEB 2 2 2019 �CEIVEp JAN 3 0 2019 62 DCM-MHD CITY APTIM COASTAL PLANNING 8, ENGINEERING OF NORTH CAROLINA, INC. DCM WILMINGTON, NC Seafood Packing/Processing Seafood packing and processing businesses prepare the catch for market after the catch is brought into port. Taken together, these Oregon -Inlet dependent activities generate jobs, wages, and profits for local workers and business owners, as well as tax revenues to support local government services. Again, a recent trend is showing that some local businesses have also begun packing and processing businesses in Virginia so that the loaded vessels are not dependent on Oregon Inlet conditions. It is assumed that if Oregon Inlet were to close, Oregon Inlet dependent fishery landings would be lost (Dumas, 2014). Boat Building and Support Services The commercial fishing industry in proximity to Oregon Inlet are supported by a number of businesses that service and supply the vessels. As of 2014, 15 boat building companies existed in Dare County producing custom sport fishing yachts. These companies directly employed a total of 274 workers, earning $10.6 million in wages, and represent over half of the 480 manufacturing jobs in Dare County as of 2013 dollars (Dumas et.al, 2014). These local boat builders are directly dependent on Oregon Inlet, as the valuable reputation of the boats for strength and durability is maintained by continuous research and testing in the uniquely rough waters offshore. Based on the field interviews conducted by Dumas et. al, (2014), if Oregon Inlet were to close, these businesses would as well. Recreational Fishing The area offshore of the northern Outer Banks, including the waters off Oregon Inlet, is considered one of the prime sportfishing regions along the East Coast due to its proximity to the Gulf Stream and extended seasons of abundant fishing opportunities (e.g. marlin, tuna). The recreational sport fishery is vast and includes large "headboat" recreational fishing vessels, smaller "for -hire" charter fishing vessels, and private fishing boats. As of 2014, it was estimated that 109,000 Oregon Inlet fishing trips are taken per year by North Carolina residents and an additional 153,000 trips are taken by non-residents (Dumas et. al, 2014). A significant number of jobs in the tourism industry are related to sport fishing, which is dependent on the inlet for access to the ocean fishing grounds which contain the fish species prized by sport fishermen. Tournament Fishing In addition to general recreational fishing, sportfishing tournaments are important to the economy in the Oregon Inlet region. The Outer Banks is called "The Billfish Capital of the World," as hundreds of blue marlin, white marlin and sailfish are caught and released in the offshore waters annually. The billfish season is long, with the peak for blue marlin in June and white marlin and sailfish most plentiful in August and September. All are caught consistently from late spring to early fall. Another big draw are yellowfin tuna, which are caught year- round. Large offshore fishing tournaments are held in Dare County with anglers utilizing Oregon Inlet as the means to access the offshore waters. In 2006, there were 9 fishing tournaments in the area, however, by 2014 the number had declined to just 5 (Dumas et. al, 2014). During that time more than 173 boats annually are expected to participate in sportfishing tournaments dependent on passage through Oreggp jnl�Fu�mas et. al, 2014). These tournaments draw significant economic impacts to 14 ranginEOMED 63 FEB 2 2 201 JAN 3 0 2019 APTIM COASTAL PLANNING & ENGINEERING OF NOR0W-' NA.I lTY)CM WILMINGTON, NC expenditures on fishing gear, lodging, food, retail to custom boat sales, marine maintenance, and/or boat storage. These recreational fishing activities generate additional economic impacts for the region, in particular for the tourism industry. 4.7.1 Economic Impacts of Oregon Inlet Under recent conditions at Oregon Inlet where the UAACE, Dare County, and the State continue to perform maintenance dredging on a regular basis, these five business sectors contribute an economic impact of $403.5 million in revenues while supporting 3,319 jobs in Dare County. When incorporating nearby counties including Dare, Currituck, Camden, Pasquotank, Perquimans, Tyrell, and Hyde, the regional economic impact of the inlet amounts to $423.3 million while supporting 3,601 jobs. At a larger scale, the study cites an overall statewide economic impact of $548.4 million and 4,348 jobs. If the inlet were to be navigable throughout the entire year, the 2014 study stated that these business sectors could potentially provide a total annual economic impact of 5,120 jobs and $642.2 million to Dare County, 5,590 jobs and $678.4 million to the region, and 5,397 jobs and $693.0 million to the state of North Carolina (Dumas et.al, 2014). 4.8 Recreational Resources The area surrounding Oregon Inlet offers a wide range of recreational opportunities for residents and tourists alike. Anglers utilize the inlet for access to the nearshore and offshore waters. Fishing is also popular on the sound side of the Bonner Bridge. In addition, surf fishing occurs along the beaches of Bodie Island and Pea Island. Visitors to the Pea Island National Wildlife Refuge, located directly to the south of the inlet, take part in bird watching and guided canoe tours. Oregon Inlet Campground is the northernmost campground on Cape Hatteras National Seashore located on the south end of Bodie Island. The beach adjacent to the campground can be reached by foot from your campsite as well as by vehicle with a Cape Hatteras Off -Road Vehicle Permit. Popular activities include fishing, swimming, surfing, birding, and shell hunting. The calmer waters of the sound to the west of the campground can be accessed at the public boat launch at Oregon Inlet Fishing Center. Popular sound side opportunities include crabbing, clamming, paddle -boarding, boating, and fishing. IMPACTS ASSOCIATED WITH EACH ALTERNATIVE 5.1 Water Quality 5.1.1 Impacts Associated with the Status Quo Alternative Direct Impacts: Historically, maintenance dredging in and around Oregon Inlet has been performed by USACE sidecast dredges, special purpose dredges, and contracted pipeline/hopper dredges. The material dredged by special purpose and hopper dredges have been disposed in a nearshore disposal site off the northern end of Pea Island and within scour holes located along the pilings of the Bonner Bridge. The material dredged by the pipeline dredges has been disposed of along the northern shoreline of Pea Island. Due to the operational differences attributed to these dredge types, the impacts to ff& are realized in different ways. RECEIVED sa FEB 2 2 2019 JAN 3 0 2019 APTIM COASTAL PLANNING 8 ENGINEERING OF NO MHDIG1TY)CM WILMINGTON, NC During dredging events performed by a special purpose dredge, sediment re -suspension occurs as the draghead moves over the seafloor, as well as during the discharge of overflow while filling the hopper. Sediment re -suspension that results from overflow as the hopper is being filled generally only occurs during a portion of the filling time. The time required to fill a hopper (fill cycle) can vary, but on average may take 45 minutes to one hour, depending on the hopper capacity, when dredging sandy substrates. The first 1/3 of the cycle involves filling the hopper with sand and water. For the remaining 2/3 of the fill cycle, sand replaces the water in the hopper, and the water sporadically overflows back into the ocean. Turbidity plumes can also be created sub -surface at the drag head site. These plumes are localized to the immediate vicinity of the drag head and do not reach the surface (LaSalle et al., 1991). The sediment plume generated by hopper dredging has been shown to extend 1,640 to 4,000 feet from the dredge, and is generally reported to be short-term (Hitchcock et al., 1999; Anchor Environmental 2003; Roman -Sierra et al., 2011). The length and shape of the plume depends, in part, on the hydrodynamics within the water column as well as the sediment grain size within the area being dredged. Turbidity also increases temporarily during the disposal of material from the hopper dredge at the disposal site. Impacts to water quality as a result of sidecast dredging differ from those attributed to hopper dredging and have been described in a 2013 USACE EA entitled "Sidecast Maintenance Dredging of a Portion of Hatteras -to -Hatteras Inlet Channel- Pamlico Sound, North Carolina". The EA states that minor and short-term suspended sediment plumes and the release of soluble trace constituents from the sediment can be expected during sidecast dredging. As such, during active dredging, turbidity increases outside the immediate dredging area. However, approximately 50-75 feet from the disposal area, turbidity levels typically diminish to below 25 NTUs (Nephelometric Turbidity Units). These water quality effects of sidecast disposal are expected to be short-term and minor and rapidly dissipated by wave and current action (USACE, 2013). Cutter suction pipeline dredges generate comparatively lower amounts of suspended sediment and plumes are confined to within a few meters of the drilling cutterhead at the seafloor. A cutter suction dredge functions by drilling below the surface of the substrate; therefore, the sediment plumes created from the drilling cutterhead are generally highly localized (CSA et al., 2009). Additionally, the material is hydraulically moved from the cutterhead /sediment interface directly into a pipeline, eliminating the hopper -filling stage and associated overflow. Although unlikely, a leaking submerged pipeline can also be a source of elevated turbidity (Michel et al., 2013). At the placement site, turbidity will increase within the surf zone due to pipeline discharge and can affect hundreds of meters of shoreline. Several studies of similar projects involving sand placement activities have shown elevated concentrations within the nearshore extend an alongshore distance of 1,310 to 1,640 feet from the discharge pipe in the swash zone, and dissipate on the order of hours (Shubel et al., 1978; Burlas et al., 2002; Wilber et al., 2006). Best management construction practices are typically employed and include the construction of temporary containment dykes on the beach in an attempt to minimize the magnitude and extent of turbidity. Furthermore, the use of beach -compatible material has ensured that the percentage of fine material within the beach fill isO has served to minimize turbidity levels as well. ECEI�E RECEIVED ss FEB 2 2 2019 JAN 30 2019 APTIM COASTAL PLANNING & ENGINEERING OF NORTH19MIM46.CI RCM WII.MINGTON, NO Because the material dredged from within the federally authorized channels at Oregon Inlet is generally composed of sand with low organics and biological oxygen demand, re -suspended material would be expected to have a quicker settling time, and have no appreciable effects on the dissolved oxygen, pH or temperature. Furthermore, the tidal exchange within inlets allows adequate mixing with oxygen rich ocean waters. The 2004 EA drafted by the USACE entitled "Use of Government Plant to Dredge in Federally Authorized Navigation Projects in North Carolina' explored the impacts associated with the implementation of sidecast and special purpose dredging in proximity to Oregon Inlet along with other federally maintained channels within the state. The document stated, "The relatively minor amount of dredging and dredged material disposal anticipated from all three alternatives would result in only temporary and minimal impacts to water quality" (USACE, 2004). Indirect Impacts: When sediment re -suspension 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. However, due to the temporary nature of the anticipated elevated turbidity levels, no indirect impacts will be expected. 5.1.2 Impacts Associated with the Applicant's Preferred Alternative Direct Impacts: The proposed action involves the use of a special purpose dredge. Therefore, the direct impacts to water quality, as described above in Section 5.1.1 for special purpose and hopper dredges will be anticipated. In summary, the length and shape of the turbidity plume created during dredging and disposal depends, in part, on the hydrodynamics within the water column as well as the sediment grain size within the area being dredged. Turbidity also increases temporarily during the disposal of material from the dredge at the disposal site. Because the material dredged from within the federally authorized channels at Oregon Inlet is generally composed of sand with low organics and biological oxygen demand, re -suspended material would be expected to have a quicker settling time, and have no appreciable effects on the dissolved oxygen, pH or temperature. As such, only temporary and minor impacts to water quality would be anticipated. Indirect Impacts: The indirect impacts for water quality would be the same as described above in Section 5.1.1. In short, due to the temporary nature of the anticipated elevated turbidity levels, no indirect impacts will be expected. RECEIVED FEB 2 2 2019 RECEIVED DCM-MHD CITY JAN 3 0 2019 66 APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. JCM W ILMINGTON, NO 5.2 Air Quality 5.2.1 Impacts Associated with the Status Quo Alternative Direct andlndirectImpacts: A temporary reduction in air quality occur as a result of emissions created by the engines and generators associated with dredges and support vessels. The primary emissions would result from the burning of fossil fuels by this equipment. Variables that will affect the impact to ambient air quality include duration of dredging activities and meteorological conditions (e.g. wind velocity and direction) during dredging. In accordance with 40 CFR 93.153 for nonattainment and maintenance areas, conformity determinations with the State Implementation Plan are required for federal permits if certain exemptions are not met. However, since the project is in an attainment area, a conformity determination is not required. In addition, the 2004 EA entitled "Use of Government Plant to Dredge in Federally Authorized Navigation Projects in North Carolina" and the 2013 EA entitled "Sidecast Maintenance Dredging of a Portion of Hatteras -to -Hatteras Inlet Channel Pamlico Sound, North Carolina", it was stated that the project was in compliance with Section 176 (c) of the Clean Air Act, as amended. The direct and indirect emissions from the project fall below the prescribed de minimis levels; therefore, the activities associated with the Status Quo Alternative would not have any adverse effect on the air quality of the Project Area (USACE, 2004; USACE 2013). Therefore, no direct or indirect impacts would be associated with the Status Quo alternative. 5.2.2 Impacts Associated with the Applicant's Preferred Alternative Direct and Indirect Impacts: Due to the similarity of the nature of the proposed activity to the similar activities already authorized by the USACE, the findings from the 2000, 2004, and 2013 EAs would apply to this proposed project and no adverse effect on air quality is expected. 5.3 Noise 5.3.1 Impacts Associated with the Status Quo Alternative Direct Impacts: During dredging activities, noise levels will increase above the ambient levels near the dredge area and at the nearshore disposal site due to the presence of the dredge and personnel. Marine dredging produces broadband, continuous, low frequency sound that can be detected over considerable distances and may trigger avoidance reactions in marine mammals (Thomsen et al., 2009) and other organisms. The sound produced is dependent on many factors including, but not limited to, sediment type being dredged, type of equipment used, and skill of the dredge operator. The variation in noise emitted by equipment type is related to how the machinery makes contact and extracts material from the sea floor. Clarke et al. (2002) performed a study of underwater noise produced by various types of dredging equipment, including a trailing suction hopper dredge. For the hopper dredge, which is similar to the special purpose dredges often used in Oregon Inlet by the USACE, much of the sounds emitted during the active dredging process are produced by propeller and a*"*td'unW1E-CanE'IVED 67 FEB 2 2 2019 JAN 3 0 2019 APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. DCM-MHD WINWILMINGTON,NC generators. Most of the sound energy produced fell within the 70 to 1,000 Hz range and was continuous in nature. However, Clarke et al. (2002) reported peak pressure levels recorded by a listening platform ranged from 120 to 140 dB re 1 µPa rms for hopper dredges. A more recent study evaluated sound levels produced by hopper dredges operating in an offshore environment during sediment excavation, transport of material, and pump -out of material (Refine et al., 2014). When averaged across all dredging activities, sound pressure levels averaged 142.31 dB at a distance of 50 meters, and grew progressively less to 120.1 dB at 1.95 km. At all distances from dredging activity, sound levels were highest during sediment removal activities and transition from transit to pump -out, and were quietest during flushing of pipes at pump - out (132.45 dB). At a distance of 2.5 km, sounds attenuated to ambient levels. Noise levels may only be elevated during active construction and will return to pre -construction levels upon project completion. Indirect Impacts: Sound plays an important role in the marine environment; however, the function of sound in the ecology of many marine animals is not entirely understood. The extraction of sand from the marine environment produces sound that elevates levels above ambient and may disturb or cause injury to some marine fauna such as invertebrates, fishes, mammals and sea turtles. For example, in marine cephalopods, exposure to low -frequency sound was found to cause acoustic trauma to sensory structures responsible for the animals' sense of balance and position (Andre et al., 2011). Sound can also prove detrimental to fishes, especially those considered "hearing specialists" that have specialized hearing structures, and those with swim bladders. The frequency and sound levels emitted by dredges overlap the range of hearing for some fish species, meaning dredging can cause adverse effects such as behavioral changes or physiological damage (Thomsen et al., 2009). Impacts from dredging noise incurred by certain threatened and endangered species (e.g. manatees, whales and sea turtles) are discussed further in Section 5.5. 5.3.2 Impacts Associated with the Applicant's Preferred Alternative Direct Impacts: As stated above in Section 5.3.1, direct noise impacts in association with operating a special purpose dredge, similar to the yet -to -be -constructed privately owned dredge, would result in peak pressure levels of 120-140 dB re IpPa rms. These noise levels dissipate to ambient levels at only 2.51am. See Section 5.3.1 for more information regarding the noise impacts associated with hopper dredging. Noise levels may only be elevated during active construction and will return to pre -construction levels upon project completion. Indirect Impacts: The indirect impacts associated with the proposed action are the same as those described in Section 5.3.1. 5.4 Essential Fish Habitat There are no HAPC or PNAs identified within the project area and therefore impacts to these designated areas will not be discussed below. Three Significant Natural Heritage Areas are found in proximity to Oregon Inlet including the Bodie Island Lighthouse Pond, the Oregon Inlet/Roanoke Sound Bird Nesting Islands, and the Pea Island NRE(aEIJV1EZIfe Refuge. However, due to the fact that they are not located within the proposed project area, impacts FEB 2 2 2019 RECEIVED 68 �lr ,MeD CITY JAN 3 0 2019 APTIM COASTAL PLANNING & ENGINEERING OF NORTH CA o I 3CM WILMINGTON, NO will not be incurred and will not be discussed below. However, there are four habitats considered EFH within the project area — intertidal flats, seagrass, estuarine and marine water column, and oyster reefs and shell banks. The potential for impacts, both direct and indirect, are discussed for each of the two alternatives. In addition, the impacts to managed species are discussed as well. 5.4.1 Impacts Associated with the Status Quo Alternative Direct Impacts: Intertidal Flats Although intertidal flats are found within proximity to the project area, specifically within Pamlico Sound and along the shoulders of Oregon Inlet and Bodie Island, the current dredging efforts conducted by the USACE dredge fleet and contracted pipeline dredges do not encroach on these areas. Therefore, no impacts associated with the Status Quo Alternative is anticipated for intertidal flats. Seagrass While the ongoing maintenance dredging performed by the USACE dredge fleet and contracted pipeline dredges occur in the vicinity of known SAV habitat, the rapid accumulation of sand characteristic of the development of such shoals likely precludes the presence of mature or extensive SAV populations within the areas to be dredged. SAV do no occur in the nearshore areas adjacent to the ocean beaches of North Carolina, therefore the disposal of material in nearshore sites by special purpose dredges does not impact SAV. The nature of sidecast dredging involves a discharge adjacent to the area being dredged. When possible, the use of a sidecast dredge includes positioning of the discharge pipe into the deepest water. Conditions that preclude this are when winds and/or currents redeposit this material back into the recently dredged area. The decision as to whether this positioning can be done is left up to the dredge captain, but the need to avoid deposition in shallow water to the maximum extent practicable is emphasized each time a sidecast dredge is used. If SAV are present within the sidecast dredge's deposition area, they could be impacted. However, effluent from the dredge rapidly dissipates and the quantity of material is generally less than that occurring in past emergency dredging scenarios due to the nature of maintenance dredging: the preemptive removal of shoals before they become too large. The US Army Corps of Engineers' Engineering Research and Development Center (ERDC) ran a model predicting the impacts of sandy material dredged from Hatteras Inlet, located south of the project area, on SAV that are 350 feet or more from the centerline of the sidecast dredge discharge (USACE, 2013). In a 2,000-foot reach of the model summary, TSS concentrations above 10 mg/L, 1 mg/L and 0.1 mg/L are predicted to occur only within 55 feet, 80 feet and 100 feet, respectively, of the centerline of the discharge. In a different 6,500-foot reach of the model summary, TSS concentrations above 10 mg/L, 1 mg/L and 0.1 mg/L are predicted to occur only within 80 feet, 130 feet and 160 feet, respectively, of the centerline of the discharge. Therefore, the plume was not predicted to spread over the SAV beds within Hatteras Channel, which were at least 350 feet from the centerline of the discharge. Considering the location of known SAV beds in relation to the dredging activities associated the Status Quo alternative, impacts are anticipated to be minimal, temporary, and sho - . IVED RECEFM FEB 2 2 2019 JAN 3 0 2019 69 APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAR"WN.HD CMI WILMINGTON, NO Estuarine and Marine Water Columns The potential water quality impacts of dredging and disposal are addressed in Section 5.1. Dredging and disposal operations conducted during project construction may impact the estuarine and marine water columns in the immediate vicinity of the discharge; either adjacent to the dredging project in the case of sidecast dredge use or adjacent to the nearshore disposal area in the case of special purpose dredge use. These impacts may include minor and short- term suspended sediment plumes and related turbidity, as well as the release of soluble trace constituents from the sediment. Outside the project area, turbidity increases resulting from the actual dredging would be less than 25 NTUs and are, therefore, considered insignificant. Oyster Reels and Shell Banks Oyster reefs and shell banks near the proposed proj ect area have the potential to be affected by sedimentation caused by the channel maintenance dredging. However, as discussed above, sedimentation in estuarine areas should be minimal since the location of the habitat is not within the areas effected by dredging activity. No direct effects to this EFH are expected. Managed Species As determined by the USACE, the effects of sidecast and special purpose dredging in Hatteras Inlet to adult managed species would at most be minimal and short lived. In addition to the dredging components of the Status Quo alternative, the nearshore disposal would also have a minimal and transient effect to any adult managed species since they are mobile and expected to avoid the active disposal location or insignificantly effected at the population level (USACE, 2004; USACE, 2013). Larvae and early juvenile stages of many managed species, however, pose a greater concern to the activities associated with the Status Quo alternative than adults because their powers of mobility are either absent or poorly developed, leaving them subject to transport by tides and currents. This physical limitation makes them potentially more susceptible to entrainment by an operating dredge. Organisms close to the dredge intake may be captured by the effects of its suction and may be entrained in the flow of dredged sediment and water (USACE, 2004). As a worst -case, it may be assumed that entrained animals experience 100% mortality, although some small number may survive. Susceptibility to this effect depends upon avoidance reactions of the organism, the efficiency of its swimming ability, its proximity to the intake, the pumping rate of the dredge, and possibly other factors. Behavioral characteristics of different species in response to factors such as salinity, current, and diurnal phase (daylight versus darkness) are also believed to affect their concentrations in particular locations or strata of the water column. Any organisms present near the channel bottom would be closer to the dredge intake and, therefore, subject to higher risk of entrainment. The biological effect of hydraulic entrainment has been studied to assess its impact on early life stages of marine resources, including larval oysters (Carriker et al., 1986), post -larval brown shrimp (Van Dolah et al., 1994), striped bass eggs and larvae (Burton et al., 1992), and others. In general, these studies indicate that the primary organisms subject to entrainment by hydraulic dredges are bottom -oriented fishes and shellfishes. The significance of entrainment impact depends upon the species present; the number of organisms entrained; the relationship RECEIVED RECENM 70 � � 2 201 JAN 3 0 2019 APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAROLI N DCM-MHD CI%m WILMINGTON, NO of the number entrained to local, regional, and total population numbers; and the natural mortality rate for the various life stages of a species. Assessment of the significance of entrainment is difficult, but most studies indicate that the significance of impact is low. Reasons for low levels of impact include: (1) the very small volumes of water pumped by dredges relative to the total amount of water in the vicinity, thereby impacting only a small proportion of organisms, (2) the extremely large numbers of larvae produced by most estuarine -dependent species, and (3) the extremely high natural mortality rate for early life stages of many fish species (natural larval mortalities may approach 99% [Dew and Hecht, 1994; Cushing, 1988]). In summary, only a very small percentage of marine and estuarine larvae are subject to entrainment; therefore, dredging conducted as part of the Status Quo Alternative is not expected to significantly impact these organisms at the local or regional population levels. Indirect Impacts: Intertidal Flats Although ephemeral and dynamic, intertidal flats often exist within the areas historically maintained by the USACE within Oregon Inlet and its connecting channels. This dredging activity, however, is not performed in a defined area as, rather, it follows the best or deepest water. As such, intertidal flats will inherently be avoided by dredging. SeatJrass Because dredging activity is limited to the areas of best or deepest water, no SAV resources will be impacted by the dredges. By employing a 100' "no dredge" buffer around any mapped SAV resources, indirect impacts associated with elevated turbidity will be curtailed. Estuarine and Marine Water Columns As noted in the 2004 EA, scientific data are very limited with regard to the effects of placement of dredged material on fishery resources. These effects may be similar, on a smaller scale, to the effects of storms; storm effects may include increased turbidity and sediment load in the water column and, in some cases, changes in fish community structure (Hackney et al., 1996). However, due to the temporary nature of the elevated turbidity levels observed during maintenance dredging activities, indirect impacts are not anticipated as a result of the Status Quo alternative. Oyster Reefs and Shell Banks Due to the lack of oyster reefs and shell banks within the areas historically maintained through dredge activity under the Status Quo alternative, no indirect impacts are anticipated. Managed Species The dredging activity associated with the Status Quo alternative along with the nearshore disposal would also have a minimal and transient effect to any adult managed species since they are mobile and expected to avoid the active disposal location (USACE, 2004; USACE 2013). However, the loss of larval and juveniles through entrainment could indirectly impact predators that would otherwise feed upon these organisms in the estuary. Due to the small percentage of entrained larvae during active dredging operations co>IVOB volume of RECEIVED 71 FEB 2 2 2019 JAN 3 0 2019 APTIM COASTAL PLANNING & ENGINEERING OF NORTH CADOWMNp CITY DCM WILMINGTON, NO water flowing in and out of the inlet on a daily basis, these impacts are not anticipated to be significant. 5.4.2 Impacts Associated with the Applicant's Preferred Alternative Direct Impacts: Intertidal Flats Although intertidal flats are found within proximity to the project area, specifically within Pamlico Sound and along the shoulders of Oregon Inlet and Bodie Island, the proposed dredging efforts to maintain navigation within Oregon Inlet and its connecting channels will not encroach on these areas due to the fact that dredging will follow deep or best water. Therefore, no impacts associated with the Applicant's Preferred Alternative is anticipated for intertidal flats. Seagrass Impacts to seagrass as a result of the Applicant's Preferred Alternative would be limited to those produced by special purpose and hopper dredging as described above in Section 5.4.1. SAV do no occur in the nearshore areas adjacent to the ocean beaches of North Carolina, therefore the disposal of material in nearshore sites by the Privately owned dredge will not directly burry or smother SAV resources. Elevated turbidity during dredging will be temporary and, due to the method of disposal, will be less significant than what has been documented for sidecast dredging. As discussed above, the US Army Corps of Engineers' Engineering Research and Development Center (ERDC) ran a model predicting the impacts of sandy material dredged from Hatteras Inlet, located south of the project area, on SAV that are 350 feet or more from the centerline of the sidecast dredge discharge (USACE, 2013). In a 2,000- foot reach of the model summary, TSS concentrations above 10 mg/L, 1 mg/L and 0.1 mg/L are predicted to occur only within 55 feet, 80 feet and 100 feet, respectively, of the centerline of the discharge. In a different 6,500-foot reach of the model summary, TSS concentrations above 10 mg/L, 1 mg/L and 0.1 mg/L are predicted to occur only within 80 feet, 130 feet and 160 feet, respectively, of the centerline of the discharge. Therefore, the plume was not predicted to spread over the SAV beds within Hatteras Channel, which were at least 350 feet from the centerline of the discharge. A special purpose dredge would produce a smaller plume compared to what has been documented for a sidecast dredge. A dredging corridor has been established for the proposed project that defines the limits of where dredging activity may occur (Figure 3). Based on NOAA's most recent assessment of SAV locations in the area, some patchy seagrass beds are found within the dredging corridor. A 100' buffer surrounding these mapped resources will be employed such that dredging activity will not directly affect mapped seagrass beds. Therefore, considering the location of known SAV beds in relation to the dredging activities associated with the Applicant's Preferred Alternative, impacts to any SAV resources are not expected. Furthermore, during open water disposal, the effluent from the dredge rapidly dissipates and the quantity of material is generally less than that occurring in past emergency dredging scenarios due to the nature of maintenance dredging. RECEIVED RECEIVED FEB 222019 JAN302019 APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAROLIINA, INC. C M WILMINGTON, NO Estuarine and Marine Water Columns The potential water quality impacts of dredging and disposal are addressed in Section 5.1. Dredging and disposal operations conducted during project construction may impact the estuarine and marine water columns in the immediate vicinity of the discharge at the nearshore disposal area and adjacent to the bridge pilings of the Bonner Bridge. These impacts may include minor and short-term suspended sediment plumes and related turbidity, as well as the release of soluble trace constituents from the sediment. Outside the project area, turbidity increases resulting from the actual dredging would be less than 25 NTUs and are, therefore, considered insignificant. Oyster Reefs and Shell Banks Oyster reefs and shell banks near the proposed project area have the potential to be affected by sedimentation caused by the channel maintenance dredging. However, as discussed above, a dredging corridor has been established for the proposed project that defines the limits of where dredging activity may occur (Figure 3). Based on NCDW's most recent assessment of shellfish beds in the area, several oyster reefs and shell banks have been mapped within the dredging corridor. However, it should be noted that one of these features appears to be inaccurate due to the fact that historical channel maintenance dredging has occurred directly over the feature and no shellfish has been noted. A 100' buffer will be created around verified shellfish features within the proposed dredging corridor which will serve to reduce the potential for direct impacts. Managed SMcies Dredging activity performed by the privately -owned dredge would have a minimal and transient effect to any adult managed species since they are mobile and expected to avoid entrainment and the active disposal locations (USACE, 2004; USACE, 2013). As described in greater detail above in Section 5.4.1, larvae and early juvenile stages of many managed species pose a greater concern to the activities associated with the Applicant's Preferred Alternative than adults because their powers of mobility are either absent or poorly developed, leaving them subject to transport by tides and currents. The significance of entrainment impact depends, however, upon the species present; the number of organisms entrained; the relationship of the number entrained to local, regional, and total population numbers; and the natural mortality rate for the various life stages of a species. Assessment of the significance of entrainment is difficult, but most studies indicate that the significance of impact is low. Because only a very small percentage of marine and estuarine larvae are subject to entrainment; therefore, dredging performed by the privately -owned dredge is not expected to significantly impact these life forms at local or regional population levels. Indirect Impacts: Intertidal Flats Although ephemeral and dynamic, intertidal flats often exist within the areas historically maintained by the USACE within Oregon Inlet and its connecting channels. This dredging activity, however, is not performed in a defined area as, rather, it follows the best or deepest water. As such, intertidal flats will inherently be avoided by dredgi4E. CEIVED RECEIVED FEB 2 2 2019 73 DDCCMM uunn JAN 3 0 2019 APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAROLINNC' CITY DCM WIL.MINGTON, NC Sea -grass Due to the inclusion of the 100' buffer around existing seagrass beds found within the proposed dredge corridor, no indirect impacts are anticipated. Estuarine and Marine Water Columns Similar to those described above in Section 5.4.1, the effects to the water column may be similar, on a smaller scale, to the effects of storms; storm effects may include increased turbidity and sediment load in the water column and, in some cases, changes in fish community structure (Hackney et al.,1996). However, due to the temporary nature of the elevated turbidity levels observed during maintenance dredging activities, indirect impacts are not anticipated as a result of the Applicant's Preferred Alternative. Oyster Reefs and Shell Banks Due to the inclusion of the 100' buffer around existing oyster reef and shell banks found within the proposed dredge corridor, no indirect impacts are anticipated. Managed Species As described in Section 5.4.1, dredging and nearshore disposal activity would also have a minimal and transient effect to any adult managed species since they are mobile and expected to avoid the active construction areas (USACE, 2004; USACE 2013). However, the loss of larval and juveniles through entrainment could indirectly impact predators that would otherwise feed upon these organisms in the estuary. Due to the small percentage of entrained larvae during active dredging operations compared to the volume of water flowing in and out of the inlet on a daily basis, these impacts are not anticipated to be significant. 5.5 Threatened and Endangered Species 5.5.1 West Indian Manatee 5.5.1.1 Impacts Associated with the Status Quo Alternative Direct Impacts: One of the major threats to the West Indian manatee is collisions with watercrafts, which can result in serious injury or mortality. Manatees are present seasonally in North Carolina, and are most commonly sighted in the Intracoastal Waterway or sounds and bays. There is also substantial SAV, a primary food source for manatees, within the Pamlico Sound in proximity to the areas historically dredged by the USACE and contracted pipeline dredges. 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 Pamlico Sound or Oregon Inlet during the warmer months. Should dredging coincide with this period, manatee and vessel interactions are possible while the dredge is underway. That said, for all dredging that occurs between June and October, the dredges would comply with all precautions outlined I ft&SFWS's "Guidelines for Avoiding Impacts to the West Indian Manatee" (Appendix A). FEB 2 2 2019 RECEIVED 74 DCM-MHD CITY JAN 3 0 2019 APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. JCM WILMINGTON, NC Marine mammals are highly vocal and dependent on sound for many ecological functions, making them particularly susceptible to noise impacts. For example, manatees have been shown to select grassbeds with lower ambient noise for frequencies below i kHz. Noise levels within the nearshore environment will likely be elevated due to construction activities associated with the placement of sand onto the receiving beaches. As stated above, however, manatees do not commonly utilize the nearshore environment off North Carolina; therefore, it is considered unlikely manatees will occur within much of the project area. Due to its rare occurrence in the area, the nature of the proposed construction activities, and compliance with the guidelines, the Status Quo Alternative is not likely to adversely impact the manatee. Irrdtrectlmpacts: No indirect impacts are anticipated. 5.5.1.2 Impacts Associated with the Applicant's Preferred Alternative Direct Impacts: Direct impacts associated with the Applicant's Preferred Alternative would be the same as those described above in Section 5.5.1.1. Operation of the privately -owned dredge would also comply with the precautions outlined within the USFWS's "Guidelines for Avoiding Impacts to the West Indian Manatee" (Appendix A). As such, due to its rare occurrence in the area, the nature of the proposed construction activities, and compliance with the guidelines, the Applicant's Preferred Alternative is not likely to adversely impact the manatee. Indirect Impacts: No indirect impacts are anticipated. 5.5.2 Sea Turtles 5.5.2.1 Impacts Associated with the Status Quo Alternative Direct Impacts: Sea turtles utilize different habitats in different phases of their life cycle. While sea turtles spend the vast majority of their life within the marine environment, they also utilize the beach for nesting purposes. Navigation maintenance dredging and beach nourishment activities, both part of the Status Quo Alternative, may lead to several effects on swimming and nesting sea turtles. Dredging and sand placement activities occurring outside the typical environmental windows recommended for sea turtles (November 16 through March 31 for hopper dredges; November 16 through April 30 for cutterhead dredges) could exacerbate these impacts as construction would coincide with warmer water temperatures and periods of increased sea turtle activity within North Carolina waters and beaches. As discussed in Section 4, swimming sea turtles are present seasonally within Pamlico Sound and the nearshore waters surrounding Oregon Inlet; spending spring, summer and fall within the sound and migrating out to the ocean in the winter. Therefore, there would be little to no chance of encountering swimming sea turtles when dredging occurs in the cooler winter months. When dredging occurs in the spring and summer, however, it is possible that loggerhead, green and Kemp's ridley sea turtles would be present in the sound or migrating into the sound via Oregon Inlet. RECEIVED RECEIVED FEB 2 2 2019 JAN 3 0 2019 75 APTIM COASTAL PLANNING & ENGINEERING Of NORTH.Gp al -CITY JLM W ILMINGTON, NC The risk of collision also depends upon the amount of time the animal remains near the surface of the water (NMFS, 2012). The greatest risk of collision would occur when the dredge is transiting between the dredging areas and the nearshore pump -out locations. While vessel collisions are a significant source of mortality for swimming sea turtles, it is assumed that turtles are more likely to avoid slower moving vessels, such as dredges, due to a greater amount of time to maneuver out of harm's way. Because there are no hardbottom areas that would serve as sea turtle foraging habitat in proximity to the areas historically dredged under the Status Quo Alternative, it is most likely any sea turtles present will be swimming in the water column or on the surface to breathe rather than on the bottom foraging. This may increase the chance of a collision; while at the same time reduce the potential for entrainment. As described in the 1998 Biological Assessment (USACE, 1998), the special purpose dredges use small, "California -style dragheads", and the sizes and suction power are less than that of commercial hopper dredges. The California -style draghead has a large flat bottom that sits level in the sand (Figure 21). The location of the intake is approximately 1 to 2 feet below the sediment surface making it less likely to entrain turtles (Studt, 1987; USACE, 1990). The dredge pumps on these vessels average 350 horsepower and draghead sizes range from approximately 2' x 2' to 2' 3'. The draghead openings are further subdivided on their undersides by gridded baffles with openings ranging from 5" x 5" to 5" x 8". The baffles restrict the size of objects that can enter the dredge and even -out and direct the hydraulic forces during dredging, allowing for maximum production with each dredge cut. In 1998, field trials were performed to test the potential of special purpose dredges to take sea turtles. Tests were run using a deceased green sea turtle (previously taken in the gill net fishery and frozen) in three scenarios that incorporated impinging the sea turtle on the draghead while the pumps were running 1) in the water column, 2) placed on the bottom, and 3) during active dredging. In the first two scenarios, the suction was not strong and the turtle could be easily prodded away from the draghead using a pole. The third scenario was considered the worst case and resulted abrasions from being dragged along the bottom, but no fractures, dislocations, or other physical damage was detected. It was therefore concluded that the low suction forces attributed to these special purpose dredges would reduce the likelihood of impinging a sea turtle. If a sea turtle were to become impinged accidentally, it would have many opportunities to escape due to low suction forces and bottom irregularities (USACE, 1998). RECEIVED FEB 2 2 2019 RECEIVED DCM-MHD CITY 1 4N 3 0 2019 76 DCM WILMINGTON, NC APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. California draghead r 11/ ■■an■ II110M it Now I Mason i SIDE 0 Figure 21. Representation of the California draghead. This drag head sits flat upon the bottom and the location of the intake for sediment s approximately 1 to 2 feet below the sediment surface. (Schematic from Studt,1987). The slow speeds in which these special purpose dredges operate will also reduce the risk of in - water collisions. In 1998, the Corps prepared a Biological Assessment (BA) assessing the year- round use of the USACE dredge plant special purpose dredges and sidecast dredges on sea turtles and other listed species. NMFS provided a Biological Opinion (BO) on March 9, 1999, concluding that the year-round use of these dredge types in North Carolina's coastal inlets, including Oregon Inlet, may affect, but is not likely to, adversely affect the continued existence of these species "because of the slow speed of the vessels, the low suction levels inherent to these small dredges, and the small size of the dragheads." The continuation of the Status Quo Alternative will not introduce any new or different impacts for swimming sea turtles, therefore the effect determination for loggerhead, green and Kemp's ridley sea turtles remains may affect, not likely to adversely affect. Hawksbill and leatherback sea turtles have not been recorded within Pamlico Sound, and both species have been documented to nest very rarely along the Cape Hatteras National Seashore. Therefore, no effects are anticipated for hawksbill or leatherback sea turtles. In April 2008, the North Carolina Coastal Resources Commission (CRC) adopted State Sediment Criteria Rule Language (15A NCAC 07H .0312) for borrow material aimed at preventing the disposal of incompatible material on the beach. The only aspect of the Sediment Criteria Language that applies for navigation projects, however, is the requirement that the material being disposed must contain less than 10% silt. The material dPdWfVqFdhe ocean bar and placed in the near shore waters of Pea Island or along the Bonner Bridge pilin?JMEIVED FEB 2 2 2019 1 4 N 3 0 2019 n ENGINE APTIM COASTAL PLANNING 499MmUHD CAT 8, ENGINEERING OF NORTH CAR 11VILIIAINGTON, NO historically met these criteria and consequently reduces many of the potential impacts to nesting and hatchling sea turtles. Indirect Impacts: As discussed above, the seagrass resources near the areas historically dredged under the Status Quo Alternative provide habitat and foraging opportunities for sea turtles, particularly green sea turtles. Dredging near seagrass beds could pose adverse impacts such as reduced light attenuation due to increased turbidity and TSS within the water column. However, due to the distance of these resources from the historical areas dredged by the USACE dredge fleet, no impacts to these important foraging areas would be expected. When sand is placed along portions of Pea Island, benefits to endangered and threatened sea turtles may be realized through the restoration of nesting habitat along the previously eroded shoreline. Some studies have found no significant difference between nourished and non - nourished beaches in the number of eggs per nest, as well as, hatching and emergence success (Nelson et al., 1987; Ryder, 1991). Other projects have shown increased numbers of nests, hatchlings, and survival rate of young turtles (Raymond, 1984). The widened beach along the fill placement areas on Pea Island will indirectly benefit sea turtles since they require dry beaches to nest, preferring to nest along wide sloping beaches or near the base of the dunes. 5.5.2.2 Impacts Associated with the Applicant's Preferred Alternative Direct Impacts: Dredging activities occurring outside the typical environmental windows recommended for sea turtles (November 16 through March 31 for hopper dredges) could exacerbate these impacts as construction would coincide with warmer water temperatures and periods of increased sea turtle activity within North Carolina waters and beaches. As discussed in Section 4, swimming sea turtles are present seasonally within Pamlico Sound and the nearshore waters surrounding Oregon Inlet; spending spring, summer and fall within the sound and migrating out to the ocean in the winter. Therefore, there would be little to no chance of encountering swimming sea turtles when dredging occurs in the cooler winter months. When dredging occurs in the spring and summer, however, it is possible that loggerhead, green and Kemp's ridley sea turtles would be present in the sound or migrating into the sound via Oregon Inlet. The risk of collision also depends upon the amount of time the animal remains near the surface of the water (NWS, 2012). The greatest risk of collision would occur when the dredge is transiting between the dredging areas and the nearshore pump -out locations offshore of Pea Island and along the remaining pilings of the existing Bonner Bridge. While vessel collisions are a significant source of mortality for swimming sea turtles, it is assumed that turtles are more likely to avoid slower moving vessels, such as dredges, due to a greater amount of time to maneuver out of harm's way. Because there are no hardbottom areas that would serve as sea turtle foraging habitat in proximity to the areas historically dredged under the Applicant's Preferred Alternative, it is most likely any sea turtles present will be swimming in the water column or on the surface to breathe rather than on the bottom fora w increase the chance of a collision; while at the same time reduce the potential for en amment. FEB 2 2 2019 RECEIVED DCM-MHD CITY ^:N 3 0 2019 78 APTIMCOASTAL PLANNING & ENGINEERING OFNORTH CAROLINA,INC. JCM WILMINGTON, NO The specifications of the new privately owned dredge will mimic many of the specifications included in the USACE's special purpose class of dredges. These specifications will reduce the risk of in -water impacts to sea turtles. The low suction power and California style drag head reduces the likelihood of impingement and it is hypothesized that live turtles would be able to free themselves if they were impinged. The slow speeds that they operate will also reduce the risk of in -water collisions. In 1998, the Corps prepared a Biological Assessment (BA) assessing the year-round use of the USACE dredge plant special purpose dredges and sidecast dredges on sea turtles and other listed species. NMFS provided a Biological Opinion (BO) on March 9, 1999, concluding that the year-round use of these dredge types in North Carolina's coastal inlets, including Oregon Inlet, may affect but is not likely to adversely affect the continued existence of these species. The implementation of the Applicant's Preferred Alternative will not introduce any new or different impacts for swimming sea turtles, therefore the effect determination for loggerhead, green and Kemp's ridley sea turtles remains may affect, not likely to adversely affect. Hawksbill and leatherback sea turtles have not been recorded within Pamlico Sound, and both species have been documented to nest very rarely along the Cape Hatteras National Seashore. Therefore, no effects are anticipated for hawksbill or leatherback sea turtles. Indirect Impacts: As discussed above, the seagrass resources found in proximity to the proposed dredge corridor provide habitat and foraging opportunities for sea turtles, particularly green sea turtles. Dredging near seagrass beds could pose adverse impacts such as reduced light attenuation due to increased turbidity and TSS within the water column. However, due to the distance of these resources from the dredge corridor, no impacts to these important foraging areas would be expected. 5.5.3 Shortnose Sturgeon 5.5.3.1 Impacts Associated with the Status Quo Alternative Direct Impacts: Shortnose sturgeon spawning habitat lies upstream in inland rivers. There is no such habitat within or near the areas historically dredged; therefore, dredging will not occur within the typical spawning or foraging grounds for juvenile or spawning adult shortnose sturgeon. As discussed in Section 4.5.3, historical capture data and recent telemetry studies suggest this species presumably does not occur in the Pamlico Sound and the Oregon Inlet area. Also, juvenile shortnose usually remain upstream of saline water until they reach about 45 cm (approximately 18 in) in length. That said and although highly unlikely, adult shortnose sturgeon may be present in areas where dredging and sand disposal will occur. Encounters 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 small dragheads used on the special purpose and side cast dredges. Telemetry studies show these fish may undergo alongshore migrations over substantial distances in the nearshore waters of the Atlantic; therefor �tr . m6ble one or more individuals may migrate through or near the nearshore disposal �ere`a'``.�ecausee of their�pp ility — it is presumed these individuals would be capable of avoiding and 2 2 ly vering� W-W JAN 3 0 2019 79 DCM-MHD CITY APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. DCM W I LMINGTON, NC moving dredges, greatly reducing any chances of collision or interaction with the dredge at the disposal site. The ocean environment may be affected by elevated turbidity levels resulting from mechanical action of the draghead at the dredge site, as well as placement of sand at the nearshore disposal site. In the case of a sidecast dredge, sediment re -suspension will also occur as the slurry is discharged via the discharge pipe. In general, when sediment re -suspension occurs, larger particles will likely 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 shormose sturgeon including feeding, respiration, reproduction and potentially cause predator avoidance. The areas historically dredged by the USACE within Oregon Net, however, is generally composed of non - contaminated sandy material with low organics and silt content; therefore, re -suspended material is expected to settle out quickly and have no appreciable effects on the dissolved oxygen, pH, or temperature. Additionally, the hydrodynamics of the inlet and the nearshore environment allows adequate mixing with ocean water. Turbidity levels are not expected to reach levels considered detrimental to shortnose sturgeon. This conclusion is consistent with that reached in the 2004 USACE's FONSI for dredging within Oregon Inlet and the connecting channels. Additionally, these fish are highly mobile and it is anticipated that they would avoid the activity within the nearshore disposal area via minor alteration of migration routes. It is therefore considered unlikely any shortnose sturgeon would be impacted by project activities. For these reasons, it is determined that the potential impacts to shortnose sturgeon are insignificant and extremely unlikely, and therefore the project activities may affect, but are not likely to, adversely affect shortnose sturgeon. This determination is consistent with that of the Biological Opinion for Use of Dredge Fry, Merritt, Schweizer and Currituck in coastal U.S. Waters (NMFS, 1999). Indirect Impacts: No indirect impacts are anticipated to the shortnose sturgeon. 5.5.3.2 Impacts Associated with the Applicant's Preferred Alternative Direct Impacts: As discussed above in Section 5.5.3.1, although it is highly unlikely, adult shortnose sturgeon may be present in areas where dredging will occur under the Applicant's Preferred Alternative. Encounters 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 small dragheads used on yet -to -be -built special purpose 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 with the dredge at the disposal sites. For these reasons, it is determined that the potential impacts to shortnose sturgeon are insignificant and extremely unlikely, and therefore the project activrct, but are not likely to, adversely affect shortnose sturgeon. This determination i consistent with 4126tWp FEB 2 2 2019 JAN 3 0 2019 80 6CM-MHD CITY APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. DCM WILMINGTON, NC Biological Opinion for Use of Dredge Fry, Merritt, Schweizer and Currituck in coastal U.S. Waters (NMFS, 1999). Indirect Impacts: No indirect impacts are anticipated to the shortnose sturgeon. 5.5.4 Atlantic Sturgeon 5.5.4.1 Impacts Associated with the Status Quo Alternative Direct Impacts: The areas historically maintained by dredging activity associated with the Status Quo Alternative does not include suitable spawning grounds for the Atlantic sturgeon, as the closest spawning grounds are located in the Tar -Pamlico and Roanoke rivers. However, the presence of individuals in past tagging studies indicates at least a small presence within Pamlico Sound. Because this species transits from riverine spawning habitat to the ocean, it is possible for Atlantic sturgeon to migrate through Oregon Inlet. Atlantic sturgeon spend much of their life history in the marine environment and can be found there year-round; therefore, the possibility that this species may transit through or near the nearshore disposal area cannot be ruled out. The potential for Atlantic sturgeon to be present in the dredging area creates the possibility for interactions with the dredge and draghead. Any Atlantic sturgeon passing through the inlet will likely be subadults or adults, and will therefore be larger than 36 inches. The size and inherent mobility of these individual should allow them to avoid approaching slow -moving dredges and entrainment in the small dragheads. These conclusions are consistent with those made for shortnose sturgeon in the 1999 Biological Opinion regarding the use of special-purpose dredges and sidecast dredges in U.S. Coastal waters (NMFS, 1999). The water column within the estuary and nearshore ocean environment may be affected by elevated turbidity levels resulting from placement of sand at the nearshore disposal site and along the oceanfront shoreline at Pea Island. The mechanisms of these effects are discussed previously for shormose sturgeon in Section 5.5.3. Any increase in turbidity should be transient and restricted to the area directly around the draghead, and within the nearshore environment. The sediment that will be dredged and disposed is composed of a low percentage of fines. This will allow suspended material to quickly settle out of the water column, and minimize the potential for turbidity to reach levels considered detrimental to Atlantic sturgeon. As is the case with shortnose sturgeon, dredging and disposal activities will not occur near, or pose any impacts to, spawning and juvenile Atlantic sturgeons. Although unlikely, the only potential for interaction with this species would be adult individuals within, or migrating through, the inlet and the disposal sites. The size and mobility of adult Atlantic sturgeon that would occur in these areas makes it highly unlikely that any adverse impacts will occur. It is therefore determined that the potential impacts to Atlantic sturgeon are insignificant and unlikely to affect this species adversely. This determination is consistent with that of the Biological Opinion of Use of Dredge Fry Merritt, Schweizer �;k in coastal U.S. Waters (N1viF5, 1999). K�� RECEIVED FEB 2 2 ZOl9 JAN 3 0 2019 81 DCM-MHD CITY APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. DCM WILMINGTON, NC Indirect Impacts: No indirect impacts are anticipated to the Atlantic sturgeon. 5.5.4.2 Impacts Associated with the Applicant's Preferred Alternative Direct Impacts: The dredging corridor, defined for the Applicant's Preferred Alternative, as depicted in Figure 3, does not include suitable spawning grounds for the Atlantic sturgeon, as the closest spawning grounds are located in the Tar -Pamlico and Roanoke rivers. However, the presence of individuals in past tagging studies indicates at least a small presence within Pamlico Sound. Because this species transits from riverine spawning habitat to the ocean, it is possible for Atlantic sturgeon to migrate through Oregon Inlet. Atlantic sturgeon spend much of their life history in the marine environment and can be found there year-round; therefore, the possibility that this species may transit through or near the nearshore disposal area cannot be ruled out. The potential for Atlantic sturgeon to be present in the dredging area creates the possibility for interactions with the dredge and draghead. Any Atlantic sturgeon passing through the inlet will likely be subadults or adults, and will therefore be larger than 36 inches. The size and inherent mobility of these individual should allow them to avoid approaching slow -moving dredges and entrainment in the small dragheads. These conclusions are consistent with those made for shortnose sturgeon in the 1999 Biological Opinion regarding the use of special-purpose dredges and sidecast dredges in U.S. Coastal waters (NMFS, 1999). The water column within the estuary and nearshore ocean environment may be affected by elevated turbidity levels resulting from placement of sand at the nearshore disposal site and along remaining bridge pilings at the Bonner Bridge. The mechanisms of these effects are discussed previously for shortnose sturgeon in Section 5.5.3. Any increase in turbidity should be transient and restricted to the area directly around the draghead and within the disposal locations. The sediment that will be dredged and disposed will be generally composed of a low percentage of fines. This will allow suspended material to quickly settle out of the water column, and minimize the potential for turbidity to reach levels considered detrimental to Atlantic sturgeon. As is the case with shortnose sturgeon, dredging and disposal activities will not occur near spawning and juvenile Atlantic sturgeons and therefore will not pose any impacts. Although unlikely, the only potential for interaction with this species would be adult individuals within, or migrating through, the inlet and the disposal sites. The size and mobility of adult Atlantic sturgeon that would occur in these areas makes it highly unlikely that any adverse impacts will occur. It is therefore determined that the potential impacts to Atlantic sturgeon are insignificant and unlikely to affect this species adversely. This determination is consistent with that of the Biological Opinion of Use of Dredge Fry Merritt, Schweizer and Currituck in coastal U.S. Waters (NMFS, 1999). Indirect Impacts: No indirect impacts are anticipated to the Atlant dMIED RECEIVED FEB 2 2 2019 JAN 3 0 2019 DCM-MHD CITY 82 DCM WILMINGTON, NO APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. 5.5.5 Giant Manta Ray 5.5.5.1 Impacts Associated with the Status Quo Alternative Direct Impacts: The main threat to the giant manta is fishing, whether targeted or incidental. Other threats, such as mooring line entanglement and boat strikes, can also wound manta rays, decrease fitness, or contribute to non -natural mortality (Deakos et al. 2011). Because manta rays are highly mobile and quite rare in the waters surrounding Oregon Inlet, it is very unlikely that they would collide with a dredge. Therefore, no direct impacts to the giant manta ray are anticipated. Indirect Impacts: No indirect impacts to the giant manta ray would be anticipated under the Status Quo Alternative. 5.5.5.2 Impacts Associated with the Applicant's Preferred Alternative Direct Impacts: The main threat to the giant manta is fishing, whether targeted or incidental. Other threats, such as mooring line entanglement and boat strikes, can also wound manta rays, decrease fitness, or contribute to non -natural mortality (Deakos et al. 2011). Because manta rays are highly mobile and quite rare in the waters surrounding Oregon Inlet, it is very unlikely that they would collide with a dredge. Therefore, no direct impacts to the giant manta ray are anticipated. Indirect Impacts: No indirect impacts to the giant manta ray would be anticipated under the Status Quo Alternative. 5.6 Cultural Resources 5.6.1 Impacts Associated with the Status Quo Alternative Direct Impacts: As described in Section 4.6, four terrestrial cultural resources or cultural resource areas within the area of potential effects were identified in the 2008 EIS as either listed on or eligible for inclusion in the NRHP. These include 1) Pea Island National Wildlife Refuge; 2) the (former) Oregon Inlet US Coast Guard Station building (at the northern end of Hatteras Island; 3) Rodanthe Historic District; and 4) the Chicamacomico Life Saving Station (USDOT, 2008). Each of these four sites are terrestrial. The nearshore disposal area off Pea Island results in the deposition of a relatively small amount of material during each event. While not expected due to the lack of known shipwrecks in proximity to the disposal area, burying shipwrecks is an acceptable method of preservation. Based on this rationale, there would be no impacts to cultural resources as a result of nearshore disposal. Sidecast dredging discharges do occur near the dredge areas. Similar to the disposal of material in the nearshore environment, an addition of mzl1 E0EH jElVynamic aquatic environment would not result in adverse impacts to cultural resources. RECEWD FEB 222C119 83 DCM-MHD CITY JAN 3 0 2019 APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. DCM WILMINGTON, NC The North Carolina Division of Archives and History, Underwater Archaeology Branch (NCDAHUAB), however, has documented the loss of approximately 96 vessels in the general vicinity of Oregon Inlet and an additional 79 vessels within Pamlico Sound (USDOT, 2008). Of these documented losses, four wrecks have been identified in proximity to the dredge and disposal areas associated with the Status Quo Alternative. Three of the wrecks plotted on an 1849 US Coast Guard Survey Map are well north of these areas because of the southerly migration of Oregon Inlet since its formation in 1846. The fourth wreck, plotted on NOAA Navigation Chart No. 12204 (1975), appears to be the remains of an iron -hulled barge that washed ashore in the early 1970s (USDOT, 2008). This wreck site is in Pamlico Sound immediately west of Rodanthe which is considerably south of the areas where dredge or disposal would occur. Furthermore, this wreck is a modern vessel, however, and is not considered to be a significant submerged cultural resource. An early twentieth-century windmill also was identified during a review of historic cartographic maps; however, the windmill site is outside of the project area as well. A magnetometer survey was performed by Dames and Moore (1979) within the Oregon Inlet navigation channel. This survey revealed several anomalies. However, no ground tnrthing of these targets have been performed. Background research revealed no known shipwrecks; however, NCDOT, FHWA, and representatives of the SHPO worked cooperatively to develop a scope of work for a remote sensing survey for underwater resources in the area that would likely be disturbed by the construction of Bonner Bridge replacement project that is currently underway. In February 1993, the remote sensing survey was performed, but excluded those areas that have been dredged in the past. The results of the remote sensing survey revealed 41 anomalies, of which three were considered high priority (two near the northern end of Bonner Bridge, and one near the southern end of Bonner Bridge), requiring investigations if not avoided. The SHPO concurred with this assessment in a letter dated May 23, 1993 (USDOT 2008). In October 1995, an underwater investigation of these three anomalies was conducted. A brief magnetometer survey was conducted to confirm and refine each location and visual inspections were conducted. The anomalies in the northern area were also investigated using subbottom probes. This investigation revealed that the source objects for the anomalies of the two clusters at the north end of the bridge either lie more than 10 feet below bottom or were too small to be located within the patterns of sub -bottom probing. It is, therefore, reasonable to conclude that no substantial shipwreck remains exist within 10 feet of the bottom in this area. The anomaly cluster at the south end of the bridge consisted of three anomalies. A pipeline discovered during the diving investigation has characteristics indicating modem origin and, apparently, is the source object for two of the three anomalies. The third anomaly, indicative of an isolated single -source object, has significantly reduced potential for representing a shipwreck. Based on the results of this investigation, it is concluded that no shipwrecks exist in this area. The SHPO concurred with this finding in a letter dated June 5, 1996 (USDOT, 2008). In summary, the 2008 EIS drafted to support the Bonner Bridge replacement effort concluded, "The North Carolina Office of State Archaeology site files contain no record of terrestrial or submerged cultural resources in the Bonner Bridge project area and the associated APE". The domain of the area assessed by the NC Office of State Archaeology is inclusive of the dredge and disposal areas associated with the Status Quo Alternative. RECEIVED RECENED sa FEB 2 2 2`'A JAN 3 0 2019 APTIM COASTAL PLANNING & ENGINEERING OF NO TIC ARRO��I��q, IpyI,,�� DcM-M b 9TY I)CM WILMINGTON, NC During the development of the 2004 EA entitled, "Use of Government Plant to Dredge in Federally Authorized Navigation Projects in North Carolina", the Wilmington District and the NC Division of Archives and History evaluated a number of inlets, including Oregon Inlet, for potential impacts to cultural resources as a result of dredging and nearshore dredged material disposal. These initial studies included dredged and nearshore disposal areas associated with the Status Quo Alternative, and considered potential cultural resource impacts to the authorized project depth. The federally maintained channels in the inlet areas assessed in the 2004 EA follow existing deep water. The deep water shifts locations within these inlet areas routinely. Numerous shipwrecks lie within and just offshore of these inlets, and shifting channels are known to routinely cross shipwreck sites. Dredging a shoal in these channels could result in damage to the shipwreck in addition to damage to the dredge. The North Carolina Department of Cultural Resources (NCDCR) consulted with the USACE during the development of the 2004 EA and by a letter dated September 9, 2003, NCDCR requested the development of a Programmatic Agreement pursuant to Section 106 of the National Historic Preservation Act, for an inlet monitoring program to better avoid historical shipwrecks in the shifting inlets. The Programmatic Agreement was developed and includes updated inlet and disposal area mapping, periodic resurveys of known sensitive areas, and a monitoring plan. Based on the nature and locations of the dredge and disposal activities under the Status Quo Alternative, no impacts to cultural resources are anticipated. Indirect Impacts: No direct impacts to cultural resources are anticipated. 5.6.2 Impacts Associated with the Applicant's Preferred Alternative Direct Impacts: Based on the similar nature and locations of the dredge and disposal activities the Applicant's Preferred Alternative to the Status Quo Alternative, the impacts would be the same as described above under Section 5.6.1. No direct impacts to cultural resources would be anticipated. Indirect Impacts: No direct impacts to cultural resources are anticipated 5.7 Socioeconomic Resources 5.7.1 Impacts Associated with the Status Quo Alternative Direct Impacts: The cost of maintaining the maintenance dredging operations between 1995 and 2015 is depicted in Figure 9. On an annual basis, the costs range from approximately $2M to $16M (however, the $16M cost in 2009 was an anomaly associated with special funding provided by the American Recovery & Reinvestment Act). Excluding 2009, the average cost of maintenance dredging between 1995 and 2015 for the Oregon Inlet project (expressed in 2018 price levels) was $6,525,000/year. Daily operating costs for the Currituck averages around $16,200/day while the Murden costs approximately $19,200/day. Indirect Impacts: The continuation of the ongoing dredging and disposal activities associated with the Status Quo Alterative will allow for safe navigation thrMM)(6Qnlet duiu- RECEIVED 85 FEB 2 2 2019 JAN 3 0 2019 APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAAOIL7liItJA,MAD CITY M MM DCM WII MINGTON, NC much of the year. There are times, however, when navigation will remain unpassable due to rapid shoaling rates in proximity to the navigation span or along the ocean bar. As stated in Section 4.7, under recent conditions at Oregon Inlet where the UAACE, Dare County, and the State continue to perform maintenance dredging on a regular basis, five business sectors composed of commercial fishing, seafood packing/processing, boat building and support services, recreational fishing, and tournament fishing contribute an economic impact of $403.5 million in revenues while supporting 3,319 jobs in Dare County (Dumas, 2014). When incorporating nearby counties including Dare, Currituck, Camden, Pasquotank, Perquimans, Tyrell, and Hyde, the regional economic impact of the inlet amounts to $423.3 million while supporting 3,601 jobs. At a larger scale, the study cites an overall statewide economic impact of $548.4 million and 4,348 jobs (Dumas, 2014). 5.7.2 Impacts Associated with the Applicant's Preferred Alternative Direct Impacts: The State will be providing a $15M forgivable loan to builder/operator of the new special purpose dredge. In return, the new dredge will provide maintenance dredging over a 10-year period at a discounted rate that is intended to offset the expense of the $15M loan. Therefore, in essence, the economic impact of assisting with the financing of the new dredge will be neutral to the State. Once the dredge is constructed, it will operate in the waters of Oregon Inlet and its connecting channels and will supplement the continuing maintenance efforts performed by the USACE dredge fleet. As stated above in Section 5.7.1, the historical cost associated with maintaining the inlet has averaged $6,525,000/year between 1995 and 2015 (excluding 2009 when ARRA funds were applied and increased spending anomalously). Upon completion of the replacement bridge across Oregon Inlet and the demolition of the existing bridge, maintenance dredge practices are expected to change in Oregon Inlet. Due to the relatively large navigation spans under the new bridge, dredging will likely focus more on following best water rather than maintaining the existing channel through the current navigation span. No detailed modeling of Oregon Inlet to determine changes in maintenance needs given the new bridge configuration have been conducted by the USACE. It is expected that revenue streams for the USACE maintenance of Oregon Inlet will stay the same after the replacement bridge is completed and the old bridge is demolished and therefore some of the funds that would have been spent on maintaining the channel near the navigation span could be spent on maintaining the ocean bar. The addition of the privately owned dredge for maintenance dredging operations within Oregon Inlet may require additional funding by the State and Dare County. However, the presence of an additional dredge will expand the dredge plant capacity to maintain Oregon Inlet more frequently than is currently possible with the existing dredge plants. The additional cost required for the increased channel maintenance cannot be determined at this time as it is not yet known. Although there is an expected increase in cost to perform maintenance dredging within Oregon Inlet, the economic return associated maintaining navigability through the inlet on a more frequent basis will outweigh the costs. As stated above in Section 5.7.1, under current conditions, the five main business sectors that rely on safe pas"Oeel#gWegon Inlet contributes an economic impact of $403.5 million in revenues while supporting 3,3190-&.IVED FEB 2 2 2019 es JAN 3 0 2019 APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAIMA-MI'ID CITY 15GM WILMINGTON, NC Dare County. When incorporating nearby counties including Dare, Cu rituck, Camden, Pasquotank, Perquimans, Tyrell, and Hyde, the regional economic impact of the inlet amounts to $423.3 million while supporting 3,601 jobs. At a larger scale, the study cites an overall statewide economic impact of $548.4 million and 4,348 jobs. If, however, the inlet were to be navigable throughout the entire year, the Dumas et. al (2014) economic study stated that these business sectors could potentially provide a total annual economic impact of 5,120 jobs and $642.2 million to Dare County, 5,590 jobs and $678.4 million to the region, and 5,397 jobs and $693.0 million to the State of North Carolina. While the Applicant's Preferred Alternative may not result in safe navigability through Oregon Inlet throughout the entire year, it can be inferred that the additional days that the inlet remains passible would in turn boost the impact to the local, regional, and state economies. Indirect Impacts: No direct impacts to cultural resources are anticipated. 5.8 Recreational Resources 5.8.1 Impacts Associated with the Status Quo Alternative Direct Impacts: Recreational activities that do not rely on navigability through Oregon Inlet (such as surf fishing, swimming, surfing, and bird watching) will not be impacted by the Status Quo Alternative. Offshore recreational fishing, however, does rely on the ability to access the ocean through Oregon Inlet. Therefore, when the inlet is not passible due to the USACE's dredge fleet's inability to maintain navigability regularly, recreational fishing may be impacted. Indirect Impacts: No direct impacts to recreational resources are anticipated. 5.8.2 Impacts Associated with the Applicant's Preferred Alternative Direct Impacts: The addition of the new privately owned special purpose dredge will result in an increased number of days of safe navigability through Oregon Inlet due to the increased dredge plant capacity when combining the USACE current capacity with this additional dredge. With the increase in dredge capacity, recreational opportunities such as offshore recreational fishing will be positively impacted. Recreational activities that do not rely on navigability through Oregon Inlet (such as surf fishing, swimming, surfing, and bird watching), however, will not be impacted by this alternative. Indirect Impacts: No direct impacts to recreational resources are anticipated. RECEIVED 6 Cumulative Impacts FEB 222019 The Council of Environmental Quality defines cumulative impacts as: DCM-MHD CITY "The impact on the environment which results from the incremental impact of the Permit when added to other past, present, and reasonably foreseeable future Permits regardless of what agency (Federal or non -Federal) or person undertakes surf&WED 87 JAN 3 0 2019 APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. ()CM WILMINGTON, NO Permits. Cumulative impacts can result from individually minor, but collectively significant Permits taking place over a period of time." (NEPA 40 CFR 1508.7) Cumulative impacts maybe temporal (e.g. time crowding or time lagging) or spatial (e.g. space crowding, cross -boundary, or fragmentation). The likelihood that multiple projects will occur throughout the geographic extent of this cumulative impact analysis (the entire Outer Banks) contributes to time -crowded and space -crowded cumulative effects. A number of federal and non-federal channel maintenance projects that include dredging and disposal of material within the inshore waters of the Outer Banks have been previously authorized and permitted (Table 7). These projects occur on an as -needed basis and when adequate funding is made available. The USACE operates its fleet of sidecast and special purpose dredges including the Currituck, Murden, and Merritt. The NCDOT operates its cutter suction pipeline dredge the Manteo. Collectively, the channel maintenance projects that have occurred in the past and will most likely be conducted in the foreseeable future have been included in the assessment of cumulative impacts related to the proposed project of operating a new special purpose dredge within Oregon Inlet and its connecting channels. Table 7. Proposed federal state channel maintenance projects within the Outer Banks Project Location Atlantic Intracoastal Waterway Oregon Inlet Bar Oregon Inlet Bridge Oregm Inlet West of Bridge Old House Channel Manteo-Shallowbag Bay Croatan Sound Rollinson Channel Hatteras FcrTy Connecting Channel Hatteras to Ocracoke Ferry Channel Stumpy Point Swanquarter Rodanthe Harbor Ocracoke Inlet Teaches Hole Silver Lake Harbor Big Foot Slougb Wanchese Inner Harbor Far Creek Wainwright Slough Avon Harbor Curntuck/Knotts Island Maans Harbor Shipyard Entrance Channel Hatteras Fe Terminal Ocracoke North (Southdock) 6.1 Water Quality RECEIVED FEB 2 2 2° l CCM-MHD CITY Some of the ongoing channel maintenance projects in the Outer Banks, particularly those located far from an oceanic inlet occur in areas where the dredged material contains rela*96EIVED 88 JAN 3 0 2019 APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. DCsA shill MINGTON, NC higher silt levels that can lead to a longer duration of elevated turbidity. When sediment re - suspension 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. The areas to be dredged within the confines of Oregon Inlet and its connecting channels, however, are generally comprised of relatively coarse grain sand with a low percentage of fine material. As a result, sediment plumes generated from dredging the areas within the proposed dredge corridor and disposal in the nearshore disposal area are generally short-lived, measurable on a scale of thousands of meters, and not considered a source of concern (Michel et al., 2014). For the proposed project, the dredging and disposal of this material will limit the amount of turbidity created within the areas where channel maintenance activity will occur. There are no long-term adverse impacts to water quality anticipated from the Applicant's Preferred Alternative and, therefore, cumulative impacts associated with turbidity and degraded water quality are not anticipated. 6.2 Air Quality It can be assumed that insignificant additions of greenhouse gases will be emitted from dredge and construction equipment. There are no long-term adverse impacts to air quality anticipated for the proposed project. As a result, the project will not contribute to cumulative impacts to air quality in the Outer Banks. 6.3 Noise There are many sources of sound in the marine and estuarine environments, and sound produced in one location can perpetuate for long distances, reaching areas many miles from the source. Within the project area, the most likely sound sources include noise from commercial and recreational fishing vessels transiting the inlet and dredging operations. Although the hearing thresholds for many aquatic organisms are unknown, it has been determined that dredging noise from comparable dredges of the one being proposed for this project, overlaps the hearing spectrum for baleen whales (which are not found within the project area) and possibly sea turtles. Although increased noise levels from the utilization of a new special purpose dredge are not likely to cause injury and only occur during operations, and therefore temporary, the cumulative impact of many sources of marine noise within Oregon Inlet may continue to mask biologically important sounds for these and other marine and estuarine animals. RECEIVED FEB 2 2 2M RECEIVED ss DCM-MHD CITY JAN 3 0 2019 APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. DCM WILMINGTON, NC 6.4 Essential Fish Habitat Dredging activity has the potential to impact a number of managed species and their associated essential fish habitat. However, due to the limited geographic scope of the proposed additional dredging activities planned and in the foreseeable future, no cumulative impacts to these resources are anticipated. 6.5 Threatened and Endangered Species 6.5.1 West Indian Manatee The greatest threat to manatees is watercraft strikes, and these collisions can be expected to continue in the future. The addition of the new privately owned special purpose dredge into the fleet of dredged operating within the Outer Banks will increase the likelihood of interactions with vessels. However, the dredges used for these maintenance projects operate at very slow speeds, thereby reducing the collision risk with manatees. In addition, the dredge operators will adhere to the Guidelines for Avoiding Impacts to the West Indian Manatee. For these reasons, including the fact that that manatees reportedly do not frequent the project area, cumulative effects are not expected. 6.5.2 Sea Turtles No upland work is associated with the operation of a privately owned special purpose dredge and, therefore there will be no cumulative impacts to nesting sea turtles. Activities that cumulatively threaten the survival of all sea turtle species in the marine environment include, but are not limited to, mortality or injury from fisheries by -catch, vessel strikes, marine debris ingestion or entanglement, and environmental contamination and disease. The slow speeds in which the new dredge will operate will reduce the risk of in -water collisions. The 1998 USACE BA assessed the year-round use of the USACE dredge plant special purpose dredges and sidecast dredges on sea turtles and other listed species. NW S's subsequent BO issued in 1999 concluded that the year-round use of these dredge types in North Carolina's coastal inlets, including Oregon Inlet, may affect, but is not likely to, adversely affect the continued existence of these species. Because design aspects of the new privately owned special purpose dredge's draghead will conform to those included in the USACE's special purpose dredges, the risk of impingement will be considerably reduced. The small "California -style draghead" utilizes reduced suction power compared to standard commercial hopper dredges while the location of the intake is approximately 1 to 2 feet below the sediment surface making it less likely to entrain turtles (Studt, 1987; USACE, 1990). The dredge pumps on these vessels average 350 horsepower and draghead sizes range from approximately 2' x 2' to 2' 3'. The draghead RECEIVED openings are further subdivided on their undersides by gridded baffles with openings ranging from 5" x 5" to 5" x 8". The baffles restrict the size of objects that can enter the dredge and FEB 2 2 2019 even -out and direct the hydraulic forces during dredging, allowing for maximum production with each dredge cut. The 1999 BO issued by NW S consultation stated that their findings OVCM-MND CITY "may affect but is not likely to adversely affect" was to be valid for the operation by Wilmington District Corps of Engineers for channel maintenance dredging "of up to 10 vessels of this or similar type and size class (under 500 gross tons), with similar dragheads (BrujMp 90 JAN 3 0 2019 APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. DC%M WII_MINGTQN, NC Brunswick County Type, Brunswick Adjustable, or equivalent), dredge pump horsepower (400 H.P. maximwn), and suction and discharge pipe specifications ( dredge suction pipes 10-14 inches in diameter, and combined discharge pipe 12-16 inches in diameter)". For these reasons, no cumulative impacts are anticipated. 6.5.3 Shortnose Sturgeon Although it is possible for shortnose sturgeon to pass through the project area during migrations, there is no available data that indicates species abundance in the region. Furthermore, there is no proximate spawning habitat. For that reason and for the same reasons described above for sea turtles in Section 6.5.2, no cumulative impacts to shortnose sturgeon are anticipated. 6.5.4 Atlantic Sturgeon Although it is possible for Atlantic sturgeon to pass through the project area during migrations, there is no available data that indicates species abundance in the region. Furthermore, there is no proximate spawning habitat. For that reason and for the same reasons described above for sea turtles in Section 6.5.2, no cumulative impacts to Atlantic sturgeon are anticipated. 6.5.5 Giant Manta Ray The occurrences of giant manta rays within the project area are quite rare. For that reason and for the same reasons described above for sea turtles in Section 6.5.2, no cumulative impacts to giant manta rays are anticipated. 6.6 Cultural Resources Because no cultural resources are anticipated to be impacted by the utilization of the new privately owned special purpose dredge, no cumulative impacts would be expected. 6.7 Socioeconomic Resources The cumulative effect of the proposed action as it relates to the Applicant's Preferred Alternative would result in an increase in overall channel maintenance spending by Dare County and the State. However, should the maintenance dredging performed by the new privately owned dredge within Oregon Wet result in an increased number of days that the inlet remains navigable, positive economic impacts could be realized. If the inlet were to be navigable throughout the entire year, the Dumas et. al (2014) economic study stated that these business sectors could potentially provide a total annual economic impact of 5,120 jobs and $642.2 million to Dare County, 5,590 jobs and $678.4 million to the region, and 5,397 jobs and $693.0 million to the state of North Carolina. Although the addition of the new privately owned special purpose dredge is not likely to maintain the inlet's navigability 100% of the year, it is expected to increase the navigability significantly NIgUIVEMPositive economic impact on a cumulative basis. RECEIVED FEB 2 2 2C'9 91 DCM-MHD CITY BAN 3 0 Z019 APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. DCM WILMINGTON, NC 6.8 Recreational Resources Should the use of the new privately owned special purpose dredge result in an increased number of days of safe navigability through Oregon Inlet, recreational opportunities such as offshore recreational fishing will result in beneficial cumulative impacts. Recreational activities that do not rely on navigability through Oregon Inlet (such as surf fishing, swimming, surfing, and bird watching), however, will not be impacted by this alternative. CONSERVATION AND MONITORING MEASURES The following describes actions and measures incorporated into the design and implementation of the Applicant's Preferred Alternative to avoid and minimize direct, indirect and cumulative effects to the resources found within the Project Area and the species that utilize it. 7.1 Construction Practices The dredging activity will be limited to the area within the dredging corridor as shown above in Figure 3. This corridor was developed with several factors in mind, including the desire to avoid impacts to SAV and shellfish resources. In order to reduce potential affects to these resources, a 100 ft. buffer will be imposed around any SAV or shellfish bed identified within the dredge corridor and no dredging will be permitted within this buffer. 7.2 Dredge Design Specifications In order to minimize the risk of impacts to any threatened or endangered species, the construction of the new privately owned dredge comply with specifications that were included with the design of the USACE's special purpose dredges. These specifications include: • Brunswick, Brunswick County Type, Brunswick Adjustable, or equivalent dragheads • Draghead suction produced by use of dredge pumps averaging 350-horsepower, with a maximum horsepower of 400D • Draghead sizes range from approximately 2 feet by 2 feet to 2 feet by 3 feet • Draghead openings are include gridded baffles with openings ranging from 5 inches by 5 inches to 5 inches by 8 inches • Suction pipes 10-14" diameter • Discharge pipes 12-16" diameter The 1999 BO issued by NMFS states that the special purpose dredges that include the specifications described above are not required to operate with sea turtle deflectors on the dragheads nor is screening or observers required. The new privately owned hopper dredge will abide by the same standards. RECEIVED FEB 2 2 2019 RECEIVED 92 DCM-MHD CITY JAN 3 0 2019 APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. UCM WILMINGTON, NC LITERATURE CITED Adriannse, L.A. and J. Coosen. 1991. Beach and Dune Nourishment and Environmental Aspects. Coastal Engineering 16:129-146. Ackermann, R. A. 1996. The nest environment and the embryonic development of sea turtles. In: P. L. Lutz and J. A. Musick (eds.). The Biology of Sea Turtles. CRC Press, Boca Raton, Florida. pp. 83-106. Anchor Environmental CA, L.P., Los Angeles Contaminated Sediments Task Force, and California Coastal Commission. 2003. Literature review of effects of resuspended sediments due to dredging operations. Los Angeles Contaminated Sediments Task Force. 87 pp + Appendices. Andre, M., M. Sole, M. Lenoir, M. Durfort, C. Quero, A. Mas, A. Lombarte, M. van der Schaar, M. Lopez-Bejar, M. Morell, S. Zaugg, L. Houegnigan. 2011. Low -frequency sounds induce acoustic trauma in cephalopods. Frontiers in Ecology and the Environment 9(9): 489493. Angley, Wilson, 1985. An historical overview of Oregon Met. N.C. DAH, Raleigh. ASMFC. 2013. Addendum I to Amendment 2 to the Red Drum Fishery Management Plan: Habitat Needs & Concerns. ASMFC. 2016. Atlantic States Marine Fisheries Commission- Submerged Aquatic Vegetation. Online at: httv://www.asmfc.orp,/habitat/hot-Mics#SAV. Accessed: November 2, 2018. Atlantic Sturgeon Status Review Team. 2007. Status Review of Atlantic sturgeon (Acipenser oxyrinchus oxyrinchus). Report to National Marine Fisheries Service, Northeast Regional Office. February 23, 2007. 174 pp. Bain, M. B. 1997. Atlantic and shortnose sturgeons of the Hudson River: Common and divergent life history attributes. Environmental Biology of Fishes 48(1-4): 347-358. Braun -McNeill, J., Epperly, S.P., Avens, L., Snover, M.L., Taylor, J.C., 2008. Growth rates of loggerhead sea turtles (Caretta caretta) from the western North Atlantic. Herpetol. Conserv. Biol. 3, 273-281. RECEIVED Brock, K.A., J.S. Reese, L.M. Ehrhart. 2008. 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West Indian manatee, (Trichechus manatus). Online at: httos://www.fws.gov/endangered/esa4ibLw df/manatee.pdf Last visited October 23, 2018. USFWS (U.S. Fish and Wildlife Service). 2017. Guidelines for Avoiding Impacts to the West Indian Manatee, Precautionary Measures For Construction Activities In North Carolina Waters, Online at: hM://www.fws.aoy/nc-es/mammal/manatee guidelines.pdf. Accessed: October 23, 2018. USFWS (U.S. Fish and Wildlife Service). 2018a. West Indian Manatees in North Carolina. Online at: ft7//www.fws.gov/nc-es/mammal/manatee.html. Accessed: October 23, 2018. Van Dolah, R.F, R.M. Martore, A.E. Lynch, P.H. Wendt, M.V. Levisen, D.J. Whitaker, and W.D. Anderson. 1994. Environmental evaluation of the Folly Beach project. Final Report. US Army Corps of Engineers, Charleston District and the South Carolina Department of Natural Resources, Marine Resource Division. Watts, Gordon P., Jr., 1992. Historical and cartographic research to identify and assess the potential for cultural resources in the proposed corridor for a replacement bridge on N.C. 12 across Oregon Inlet, Dare County, North Carolina. Tidewater Atlantic Research, Inc., Washington, NC. Wilbur, D.H., D.G. Clarke and M.H. Burlas. 2006. Suspended sediment concentrations associated with a beach nourishment project on the northern coast of New Jersey. Journal of Coastal Research 22(5): 1035-1042. Witherington, B.E. and R.E. Martin. 1996. Understanding, assessing, and resolving light - pollution problems on sea turtle nesting beaches. Florida Marine Research Institutional Technical Report TR-2. 73 pp. 104 APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC RECEIVED FEB 2 2 2019 DCM-MHD CITY RECEIVED v '1 201� DCM WIL,MINGTON, NC Appendix B: Signed Agent Authorization Form, AEC Hazard Form, and Adjacent Riparian Landowner Notifications RECEIVED FEB 2 2 2219 DCM-MHD CITY APTIM 14 AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: _Dare County. Mailing Address: 954 Marshall C Collins Drive _Manteo, NC 27954 Phone Number: _252 475-5800_ 1 certify that I have authorized APTIM , Agent / Contractor . to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: _Oregon Inlet Channel Maintenance Utilizing a New Hopper Dredge_ at my property located at _Oregon Inlet and Connecting Channels_, in _Dare County. 1 furthermore certify that / 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. Property Own ormation: Signature Robert Outten Print or Type Name County Manager tle Date This certification is valid through I / %SS(�cC� �� /Le, I s RECEIVED FEB 2 2 2019 DCM—MHD CITY Er .. - ri ru s WaCIDd ' � FM A C 7 Carafied Mall Fee r rYa E's..lU r E Etlra 6 Fees fmadhomG eCdM ) �ibmn RaNPt,hadwPd f O ❑PetumRacmpt,meceaYc) S 0-An Q ❑cMmM Mail Raii cle]Deli f $0 00 p ❑Mutt sii Raptured f10.48 ❑Mun Signature Reatrigetl palsy f G Postage ep $1.75 .A Total Poat2ge and F jy . : C15 /r Sent To a, /Nr /(IG— h M1 StieeiandA w, wmuff—muffNu:.------ - --- a M m .. - fu S MANTEOF NQn ,',l m cowfieaMa Fee $3.50 T E Services pt Faas (oneckepx, r �. ggielurn RecelPt tneMcoPYI G ❑ Ream Rx4Pt(mecemlq 0 ❑ cartlfeE Mail Reaeided Dmnmy 0 []MMslgnatum Raqulred ❑Mutt Slgnat W a RBatrltlad OYM1py e0 PDarega $1.75 GTotal Pastime aml Fria $8.0r, $ m Sey To C3 s -' Domestic In Certified FillFee U4U1 ,a E E3.54 0401 30 lurvIC- & Faea (c—1 ai, *k An 00 30 q.aelpt fWdpOPy) f Poebnaac O ❑ Rmum Recelpt,elactmniq E $0 fin Poill Here O ❑carcred Mau Reatdaed Callvwy f . 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StieeF��Rr a 1 ------------------- 279.f1/ te,2IP+4�Ede.,��� /v 2- RECEIVED FEB 2 2 Z019 RECEIVED Dr- tA flHD CITY JAN 3 0 2019 DCM WILMINGTON, NC / UkotAN MALAKU ALL; NU I IGL Project Is in an: Ocean Erodible Area High Hazard Flood Area Inlet Hazard Area A4P, t--I c4r--r . Prepertq"(w - - Property Address: - O e-T--G Dry 1 Nt' Date Lot Was Platted: This notice is intended to make you, the applicant, aware of the special risks and conditions associated with development in this area, which is subject to natural hazards such as storms, erosion and currents. The rules of the Coastal Resources Commission require that you receive an AEC Hazard Notice and acknowledge that notice in writing before a permit for "development can be issued. The Commission's rules on building standards, oceanfront setbacks and dune alterations are designed to minimize, but not roliminate, property loss from hazards. By granting permits, the ,Coastal Resources Commission does not guarantee the safety of the development and assumes no liability for future damage to the development. Permits issued in the Ocean Hazard Area of �Environruental Concern include the condition that structures be relocated or dismantled if they become imminently threatened by changes in shoreline configuration. The structure(s) must be relocated or dismantled within two (2) years of becoming imminently threatened, and in any case upon its collapse or subsidence. The best available information, as accepted by the Coastal Resources Commission, indicates that the annual long-term average ocean erosion rate for the area whe;ayettf-preperiyis �lseatedis2-��Sfeetperyear. QaJaccnt�w�co}- was established by careful analysis of aerial of the coastline taken over the past 50 years. also indicate that the shoreline could move as much as feet landward in a major storm. I waters in a major storm are predicted to be about feet deep in this area. erred oceanfront protection measures are beach nourishment relocation of threatened structures. Hard erosion control :lures such as bulkheads, seawalls, revetments, groins, jetties breakwaters are prohibited. Temporary sand bags may be orized under certain conditions. applicant must acknowledge this information and uirements by signing this notice in the space below. Without proper signature, thI pplication will not be complete. SPECIAL NOTE: This hazard notice is required for development in areas subject to sudden and massive storms and erosion. Permits issued for development in this area expire on December 31 of the third year following the year in which the permit was issued. Shortly before work begins on the project site, the Local Permit Officer must be contacted to determine the vegetation line and setback distance at your site. If the property has seen little change since the time of permit issuance, and the proposed development can still meet the setback requirement, the LPO will inform you that you may begin work. Substantial progress on the project must be made within 60 days of this setback determination, or the setback must be remeasured. Also, the occurrence of a major shoreline change as the result of a storm within the 60-day period will necessitate remeasurement of the setback, It is important that you check with the LPO before the permit expires for official approval to continue the work after the permit has expired. Generally, if foundation pilings have been placed and substantial progress is continuing, permit renewal can be authorized. It is unlawful to continue work after permit expiration. For more information, contact. 127 C Al,2 , N h t.. GlyLyyt' *,r, Address �Nll iwttilGroNr IJG 29UO5 Lora* qio--79b-7302 Phone Number 2ECENED :EB22 , M-MHD CITY RECEIVED JAN 3 0 2019 DCM W►LMINGTON, NC Revised May 2010 BEFORE YOU BUILD Setting Back for Safety: A Guide to Wise Development Along the Oceanfront When you build along the oceanfront, you take a calculated risk. Natural forces of water and wind collide with tons of force, even on calm days. Man-made-structurescannot be guaranteed to survive the force of a hurricane. Long-term erosion (or barrier island migration) may take from two to ten feet of the beach each year, and, sooner or later, will threaten oceanfront structures. These are the facts of life for oceanfront property owners. The Coastal Resources Commission (CRC) has adopted rules for building along the oceanfront. The rules are intended to avoid an unreasonable risk to life and property, and to limit public and private losses from storm and long-term erosion. These rules lessen but do not eliminate the element of risk in oceanfront development. As you consider building along the oceanfront, the CRC wants you to understand the roles and the risks. With this knowledge, you can make a more informed decision about where and how to build in the coastal area The Rules When you build along the oceanfront, coastal management rules require that the structure be sited to fit safely into the beach environment. Structures along the oceanfront, less than 5,000 square feet in size, must be behind the frontal dune, landward of the crest of the primary dune, and set back from the first line of stable natural vegetation a distance equal to 30 times the annual erosion rate (a minimum of 60 feet). The setback calculation increases as the size of the structure increases [ISA NCAC 7H.0306(ax2)j. For example: A structure between 5,000 and 10,000 square feet would require a setback from the first line of stable, natural vegetation to a distance equal to 60 times the annual erosion rate (a minimum of 120 feet). The graduated setback continues to increase through structure sizes greater than 100,000 square feet. RFcEiVED FEB 2 2 .„ , j U (;ITY The Reasons The beachfroat is an ever -changing landform. The beach and the dunes are natural "shock absorbers," taking the beating of the wind and waves and protecting the inland areas. By incorporating building setbacks,into the regulations, you have a good chance of enjoying the full life of the structure. At first, it seems very inviting to build your dream house as close to the beach as possible, but in five years you could find the dream has become a nightmare as high tides and storm fides threaten your investment. The Exception The Coastal Resources Commission recognized that these rules, initially passed in June 1979, might prove a hardship for some property owners. Therefore, they established an exception for lots that cannot meet the setback requirement. The exception allows buildings in front of the current setback, if the following conditions apply: 1) the lot must have been platted as of June 1, 1979, and is not capable of being enlarged by combining with adjoining land under the same ownership; 2) development must be constructed as far back on the property as possible and in no case less than 60 feet landward of the vegetation line; 3) no development can take place on the frontal dune; 4) special construction standards on piling depth and square footage must be met; and 5) all other CAMA, state and local regulations must be met. The exception is not available to the Inlet Hazard Area. To determine eligibility for the exception the Local Permit Officer will make these measurements and observations: required setback from vegetation line exception setback (maximum feasible) rear property line setback RECEIVED _ max. allowable square footage AoNl4 a t2D or DCM PRE.PERMIT STRUCTURE; INADEQUATE SETBACK PERMITTED PRFs STORM BEACH PROFILE STRUCTURE; ADEQUATE POST -STORM BEACHPROFILE SETBACK 1 ONE YEAR AFTER STORM REBUII11INe After the storm, the house on the dune will be gone. The other house has a much better chance of survival. ■ Complete Items 1, 2, and 3. ■ Print your name and address on the reverse X so that we can return the card to you. NCDOT Jerry Jennings, Division 1 Engineer Highway Division 1 113 Airport Drive, Suite 100 Edenton, NC 27932 address different from kern l? U Yes ;ar delivery address below: ❑ No II I ServiceSignature Pa®ReIIIIII IN IIIIIIIIIIIIIIIIIIIII IN I I I I I III [I Mu Peslricted Delivery ❑ Degeis ry Ma Restricted ❑ Certified Met® 9590 9402 4585 8278 6950 36 ❑ Certified Mail Restricted Delivery 0 RWUM MerchandiseReceipt for ❑ Collect on Delivery ❑ Signature Confirmatlon*" ❑ Collect on Delivery Restricted Delivery 2. Article Number (rrensler /corn service 1a0e1) ....,— Mal ❑ S rptrumation 7018 0680 0001 9158 4233 MVIRestricted Delivery Der"ary t PS Form 3811, July 2015 PSN 7530.02-00040153 DanestnReceipt r ■ Complete items 1, 2, and 3. I A. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, B Tf Pea Island National Wildlife Refuge c/o Alligator River National Wildlife Refug, P. O. Box 1969 Manteo, NC 27954 ❑ Agent Date of Delivery cress dAferent from Item 1? u Yes delivery address below: O No 3 Service TYPe ❑ priority Mail a r ® II I I IIII IIII III I IIII I I I I II I II I I IIII I I II I III ❑ Mutt Slgnelure iln' ❑ Registered Mall ❑ Mutt Signature Restricted Delivery ❑ Registered Mail Restricted 9590 9402 4585 8278 6950"12 ❑ Certified Mall® ❑ Certified Mall Restricted Delivery Delivery ❑ Return Receipt for ^^-' on Delivery Merchandise 2. - - DD01 9158 42 4 D n Delivery Restricted Delivery 0 Signature ConfirmatioSignature n 7018 D680 ns atl"IRestricted Delivery Restricted Delivery I PS Form 3811, July 2015 PSN 7530-02-000-9053 0 Domestic Return Receipt RECEIVED RECEIVED FEB 2 2 L H 13 _ o'N �ra.A_MND Cl'iY DCM WILMINGTON, NC ■ Complete Items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, 1—, Cape Hatteras National Seashore, ATTN: Mr. Steve Thompson, 1401 National Park Drive Manteo, NC 27954-9451 B. Received (Printecf Namefl I C. Date of D. Is delivery address different from Item 19 ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type 0 Mail II I IIIIII I'll III I IIII l I II I II Il II I I I ll I II ll I III Mull Signature 0 Registered ❑0 Adult S B tum Restricted Delivery ❑ R lstered Mai Restricted led 9590 9402 4585 8278 6974 29 ❑ Certified MaM ❑ Certlfled Mail Resldated Delivery Delivery ❑ Return Receipt for -" n Delivery Memhandise 2. Article Numhe. T --`--' 0001 9158 4226 Delivery Restricted Delivery ❑ Signature ConfirmationTM n fe ❑ Signature Confirmation 7h18 0680 O Insured Rastrcted Delivery Mail Restricted Delivery (over seal i PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt ■ Complete items 1, 2, and 3. A. Signature ■ Print your name and address on the reverse X04 IZI Agent so that we can return the card to you. ❑ Addressee ■ Attach this Bard to the back of the mallpiece, B. Received by (Pdnted C�Date of Delivery or on the front if space permits. e!.— L/—/9 1. Article Addressed to- D. Is delivery address different from Item 11 ❑ Yes If YES, enter delivery address below: ❑ No W.A Worth Estate and James C. Fletcher 0 Island Wanchese, NC 27981 IIIIIIIIIIIIIIIIIIIillllllll IIIII IIIIIIIIIIIiI 9590 9402 4585 8278 6950 29 7018 0680 0001 9158 4219 PS FO _ 3811, July 2015 PSN 7530-02-000-9053 o ,y'v ❑ Adult Signature ❑ Priwly Mat Express® ❑ Registered Mail'- ult Signatum Restricted Delivery ❑ lered Mail Restrcted El�Certlflell Mall® DRI II ery ❑ Dotted Mail Restricted Delivery ❑ Return Receipt for ❑ Collect on Delivery Merchandise 19 ❑ collect on Delivery Rabicted Dellvery ❑ Signature Confrma n Insured Malt ❑ Signature Confirms' i Mail PA*IC ad?,! RW 500) - "kstrwketl Delivery DornestltReturn Receipt' RECEIVED FEB 2 2 2M DCM-MHD CITY RECEIVED DCM WILMINGTON, NC Major Permit Fee Schedule Project Name: DAIZO CO. County: DAA-6 (')(L.�GON IivLIT C N-aMNU- I*A1NiE4*J(.0 Check No & Amount:14 7S Z'101S1 t DCM % DWQ % Development Type Fee (14300160143510009316266253) (2430016024351000952341) I. Private, non-commercial development that does not involve the filling or excavation of any wetlands or open water yeas: $250 100% ($250) 0% ($0) II. Public or commercial development that does not involve the filling or excavation of any wetlands or open water areas: $400 100% ($400) 0% ($0) III. For development that involves the filing and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if AA C, or D below applies: III(A). Private, non-commercial development, if General Water Quality Certification No. 4144 (See attached) can be applied: $250 100% ($250) 0% ($0) III(B). Public or commercial development, if General Water Quality Certification No. 144 (See attached) can be applied: $400 1 100% ($400) 0% ($0) III(C). If General Water Quality Certification No. 4144 (see attached) could be applied, but DCM staff etermined that additional review and ripen DWQ concurrence is needed because of concerns related to water quality or aquatic life: $400 60% ($240) 40% ($160) III(D). If General Water Quality Certification No. 4144 (see attached) cannot be applied: $400 60% ($240) 40% ($160) pment that involves the filling Elao avation of more than one acre s and/or open water areas: $475 60% ($285) 40% ($190) RECEIVED FEB22W9 DCM-MHD CITY Date Date Check From Name of Vendor Check Check Permit Rct. # Received Deposited Permit Holder Number amount Number/Comments County of Dare/via Brad majorfee, Oregon Inlet Rosov with PNC $ Channel Maint., SPLIT HC rct. 1/31/2019 APTIM County of Dare Bank 269311 475.00 $285/$190 5866D 0 rn n m v N m 0 a DCM Coordinator: Heather Coats Distributed Yes® No ❑ Applicant: Dare County Distribution Date: 2/26/2019 AGENCY WIRCI WARD LPO Rachel Love Adrick MHC Rachel Love Adrick Washingon DCM Planner Mike Christenbury Wilmington Charlan Owens Eliz City US COE: Liz Hair Raleigh Bland (Beaufort Camden, (Carteret Onslow, Pender) Chowan, Craven, Hertford, Hyde, Tyler Crumbley (Temporarily away Perquimans, Tyrrell) everything goes to Liz) Josh Peletier — (Bertie, Currituck, Dare, US COE (NC DOT) (Brunswick, New Hanover) Gates, Pamlico, Pasquotank, Washington) DOT Brad Shaver DOT — Thomas A. Steffens — (Beaufort, (Brunswick, New Hanover, Onslow, Carteret, Craven, Pamlico) Pender) Mark Zeigler (Onslow, Pender, New Community Assistance Hanover, Brunswick) Lee Padrick (Beaufort Carteret Craven, Lee Padrick (Beaufort Carteret Eliz City, Pamlico, Washington) Craven Eliz City, Pamlico, Washington) Cultural Resources Renee Gledhill -Earley Renee Gledhill -Earley Underwater Archaeology Chris Southerly or Nathan Henry Chris Southerly or Nathan Henry Div. of Water Infrastructure Heidi Cox Clif Whitfield No longer public Water Supply) Curt Weychert WIRO Marine Fisheries Shane Staples MHC Shane Staples WARO/ECRO NC DOT David Harris David Harris Shellfish Sanitation Shannon Jenkins Shannon Jenkins State Property Tim Walton Tim Walton DEMLR/DWR: Sheri Montalvo Sheri Montalvo (NC DOT) Kristi Lynn Carpenter Kristi Lynn Carpenter DEMUR Sediment & Erosion- Dan Sams Christine Hall o Rtehacd-Peett JO�I'Yll(' I lYr1nD Storm water - Robb Mairs (Carteret Onslow, Roger Thorpe 1 Pender,) Anthony Scarbraugh DWR 401- Chad Coburn (Brunswick, New Hanover) (NC DOT) - Joanne Steenhuis Brunswick, New Garcy Ward Hanover, Onslow, Pender WRC Maria Dunn (WARD) Maria Dunn (WARD) WRC (NC DOT) Travis Wilson Travis Wilson H:\Major Permit\Maj Comment Disrution Sheets\Maj Comment Distribution Sheet.docx Revised : 6/29/2018 Coastal Managernent ENVIRONMENTAL QUALITY Coastland Times Re: Public Notice — Dare Co. Dear Sir: ROY COOPER Onvernor MICHAEL S. REGAN eeel�m,y BRAXTON DAVIS Director Please publish the attached Notice in the 3/3/19 Sunday issue of the Coastland Times. The State Office of Budget and Management require 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 Jessica Gibson, NC Division of Coastal Management, 400 Commerce Avenue, Morehead City, North Carolina 28557, Telephone (252) 808-2808. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Morehead City office. Sincerely, Susan Day I Coastal Management Representative Enclosure cc: Roy Brownlow, District Manager Doug Huggett, Major Permits Coordinator State of North Carolina J Environmental Quality I Coastal Management 400 Commerce Ave I Morehead City, NC 28557 252 808 2808 NOTICE OF FILING OF A PPLICATION'FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that an application for a development permit in an Area of Environmental Concern as designated under the CAMA was received on 1/30/19. According to the application, Dare County is proposing to maintain the federal navigation channel by way of hopper dredge from Oregon Inlet to Old House Channel A copy of the entire application may be examined or copied at the office of Heather Coats, NC Division of Coastal Management, located at 127 Cardinal Drive, Wilmington, NC, (910) 796-7302 during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, N.C. 28557, prior to 3/23/19, will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. PUBLISHED ON: 3/3/19 State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Ave I Morehead City, NC 28557 252 808 2808 Coastal Management ENVIRONMENTAL QUALITY February 20, 2019 Mr. Brad Rosov Aptim 4038 Masonboro Loop Road Wilmington, NC 28409 Dear Mr. Rosov: ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director e The Division of Coastal Management hereby acknowledges receipt of your application, acting as agent for Dare County, for State approval of the dredging of Oregon Inlet and connecting channels, located in Dare County, adjacent to the Atlantic Ocean. It was received as complete on 1/30/19 and appears to be adequate for processing at this time. The projected deadline for making a decision is 4/15/19. 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 1 /30/19 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 applicant and project designer/consultant. NCGS I I3A-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 copies of this notice at a conspicuous point along the project area where it can be observed by the public. Failure to post this notice could result in an incomplete application. 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 notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, Bather Coats Beach & Inlet Management Project Coordinator cc: Doug Huggett, DCM Josh Pelletier, COE Bobby Outten, Dare County State of North Carolina I Environmental Quality I Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 9107967215 ►�R _ I _ 71AT".7=.1•=Flo I~ )�- bw ITi 2 ATTACHMENTS 2.1 DCM MP-1. ADDITIONAL INFORMATION 2.1.1 5b. Give a brief description of purpose, use, and daily operations of the project when complete. Dredging is necessary to maintain safe and reliable transportation routes through waterways. Oregon Inlet is no exception. Despite considerable efforts on the part of the USACE, State, and Dare County, shoaling continues to impede mariners and has resulted in the U.S. Coast Guard's inability to properly position navigation buoys within the channel. As a result, the risk of damage to vessels and injury to people continues. Since the 1960's, over 25 people have died and 22 boats have been lost within the inlet (Dare County, 2018). Oregon Inlet is considered one of the most commercially vital shallow draft inlets along coastal North Carolina (Dumas, 2014). Numerous business sectors rely on the ability to safely navigate this waterway on a regular basis. As such, maintaining safe navigation from Pamlico Sound to the Atlantic Ocean via Oregon Inlet is critical for the local, regional, and state's economy. Between 1995 and 2012, the US Army Corps of Engineers, State of North Carolina, and Dare County have spent an average of approximately $6.25 million per year on dredging Oregon Inlet. The economic impact of Oregon Inlet to Dare County, however, is very significant and far outweighs the historic costs necessary to keep the inlet passable via dredging (Dumas et al, 2014). A recent economic study of the inlet suggested that under recent conditions (when the inlet is navigable -40% of the time), five business sectors (commercial fishing, seafood packing/processing, boat building and support services, recreational fishing, and tournament fishing) contribute an economic impact of $403.5 million in revenues while supporting 3,319 jobs in Dare County. When incorporating nearby counties including Dare, Currituck, Camden, Pasquotank, Perquimans, Tyrell, and Hyde, the regional economic impact of the inlet amounts to $423.3 million while supporting 3,601 jobs. At a larger scale, the study cites an overall statewide economic impact of $548.4 million and 4,348 jobs. If the inlet were to be navigable 85-100% of the time over the course of a year, the 2014 study stated that these business sectors could potentially provide a total annual economic impact of 5,120 jobs and $642.2 million to Dare County, 5,590 jobs and $678.4 million to the region, and 5,397 jobs and $693.0 million to the state of North Carolina (Dumas et al, 2014). The economic impact of Oregon Inlet to Dare County prompted the County to partner with the North Carolina Division of Water Resources (NC DWR) to provide supplemental funding for Oregon Inlet starting in 2016. The annual report prepared by the NC DWR, which was required by SL 2013-360, Section 14.22, indicates a Dare County contribution of $884,000 matched with $1,768,000 by the State to contribute an additional $3,536,000 to the USACE for Oregon Inlet maintenance in FY 16/17. Even with the state and Dare County taking initiatives to provide the necessary supplemental funding to maintain the Oregon Inlet Channel, dredge plant availability has become the primary reason for not being able to maintain dependable navigation through the inlet. The USACE Wilmington District dredge plants are in high demand to maintain navigation channels throughout the East and Gulf Coast including other channels throughout North Carolina. Demand has increased recently given the ability of other communities to provide supplemental funding for USACE dredges to conduct navigation maintenance in channels vital to their communities. RECEIVED nPTtM JAN 3 0 2019 OCM WILMINGTON, NC Recognizing the need for greater dredging capacity, Senate Bill 99 of Session 2017 was passed by the North Carolina Senate and provides for the construction of a privately owned dredge that can be utilized to maintain shallow draft navigations channels within the state including Oregon Inlet. Section 13.7(a-h) of the bill states: ...the maintenance of the state's shallow draft navigation channels in a manner that keeps those channels navigable and safe and minimizes their closure or degradation is a vital public purpose and proper governmental function and that declines in federal funding and dredging activity have significantly and adversely impacted the ability of the federal government to maintain these channels in a timely manner. The resulting deterioration in these channels damages the significant portion of the economy of the State's coastal regions that is dependent on the use of the navigation channels by watercraft. Therefore, it is the policy of the State to support and, when necessary to meet the public purposes set forth in this subsection, to supplement federal maintenance of the navigational channels. The bill authorized the allocation of up to $15 million of State funds to be provided, in the form of a forgivable loan to a private partner for the construction and operation of a dredge capable of maintaining shallow draft navigation channels throughout the state. The legislation further authorized the Oregon Inlet Task Force to solicit proposals through an RFP, through which a private partner could be selected. Proposals were solicited from interested companies and the Oregon Inlet Task Force selected a private partner to work with. However, prior to significant investments being made by the dredge partner for planning, design, and construction of a dredge plant, it is necessary to have permits in place for the maintenance work for which the dredge is being constructed. With that in mind, the purpose of Dare County's proposed action is to have the ability to operate a yet -to -be - constructed dredge within the confines of Oregon Inlet in a manner that aligns with current USACE maintenance practices within Oregon Inlet. This includes the ability to conduct maintenance dredging on a year-round basis. The need of this action is to maintain the county's, region's and state's economic viability while preserving environmental quality and human safety. 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. Dredging will be performed on a year-round basis by a newly constructed privately owned hopper dredge. As stated below in the response to item 6a, the dredge will be outfitted with a number of specifications that will minimize the risk of impacts to a number of threatened or endangered species that may be present during dredge operations. Dredged material will be disposed at the nearshore disposal location off Pea Island and/or along the bridge pilings at the remaining portions of the original Bonner Bridge. No equipment will be stored on the land. When not in use, the dredge will be docked at a marina or moored in proximity to Oregon Inlet. 2.1.3 6a. Project Narrative Dare County is seeking permits and authorizations to utilize the yet -to -be -constructed privately owned special purpose dredge in the same manner and under the same conditions as what is currently authorized for USACE to perform maintenance dredging within the waters in proximity to Oregon Inlet, as defined in the 2004 FONSI. The dredging conducted by the privately owned dredge would not replace dredging performed by the USACE dredge fleet; rather it would complement the USACE's existing efforts. The dimensions of the channels in which maintenance dredging is proposed follows the existing USACE authorization, which is specifically stated as "...a 14-feet deep by 400-feet wide channel through Oregon Inlet RECEIVED AnIM s JAN 3 0 2019 JCM WILMINGTON, NC and the ocean bar. An approximate 16,050-foot long portion of the channel from Oregon Inlet to Hell's Gate (12-feet deep by 100-feet wide) and an approximate 2,850-foot long portion of Old House Channel (12-feet deep by 100-feet wide) in Dare County". Because the USACE authorization allows for the maintenance dredging following best water, the footprints of the areas to be dredged are not fixed. Rather, a bathymetric survey is performed prior to each dredge event in an effort to determine the location of the best water for the channel. As such, for this proposed project, a "dredge corridor" has been developed and will serve as the domain in which dredging could be performed in the future (Figure 1). Figure 1 depicts the current location of the confluence of Old House Channel and the Oregon Inlet to Hell's Gate Channel. It should be noted, however, that after further consultation with USACE Navigation staff, the extent of authorized dredging within Old House Chanel that was included in the 2004 FONSI, only includes Range 1 (which extends approximately 2,850 feet) (Figure 1). Due to the migration of "best water" within the channel, dredging of the 2,850 linear feet under this proposed project may occur anywhere along the portion of Old House Channel Range 1 and 2 and Manteo Channel Range 17 Extension within the proposed dredge corridor, as shown in Figure 1. Figure 1. Proposed dredging and disposal locations The nearshore disposal sites for material dredged by the new dredge would also be identical to what is currently authorized by the USACE. These areas include nearshore disposal off the north end of Pea Island and in deep scour holes beneath the Herbert C. Bonner Bridge (Figure ). It should be noted that no upland disposal will be included in the proposed work. Because it is anticipated that the majority of the existing Bonner Bridge will be demolished in the near future, the disposal of material for this proposed actio§Wjited to the AP79 JAN 3 0 2019 JCM WILMINGTON, NO areas surrounding the remaining bridge pilings. According the NCDOT, the portion of the existing bridge that will remain will extend from the shoulder of Pea Island approximately 1,500 feet and will end at the section known as "Bent 184". Historically, the total volume of dredged material removed from the connecting channels in proximity to Oregon Inlet has averaged around 900,000 cubic yards on an annual basis. This includes material removed by pipeline dredges from the interior channels as well as the volume removed by the USACE special purpose dredges and sidecast dredges. In addition to the material removed by these three dredge types, the privately owned dredge would also be able to perform some maintenance dredging in the ocean bar channel. The average volume of material typically removed from the ocean bar channel by a USACE special purpose hopper dredge has been approximately 300,000 cubic yards/year. Thus, in total, the total volume of material available for removal by a privately owned dredge may average between 900,000 and 1,000,000 cubic yards/year even after the existing Bonner Bridge with the restrictive navigation span is removed. This proposed activity for this permit request will be limited to the operations of a new special purpose dredge and will not include work performed by a pipeline or sidecast dredge. In order to minimize the risk of impacts to any threatened or endangered species, the construction of the new privately owned dredge comply with specifications that were included with the design of the USACE's special purpose hopper dredges which are currently authorized to operate year-round in Oregon Inlet. The 1999 BO issued by NMFS states that the special use hopper dredges that include the specifications, as listed below, are not required to operate with sea turtle deflectors on the dragheads nor is screening or observers required. The new privately owned hopper dredge will abide by the same standards. These specifications include: • Vessel weight limited to 500 gross tons • Brunswick, Brunswick County Type, Brunswick Adjustable, or equivalent dragheads • Draghead suction produced by use of dredge pumps averaging 350-horsepower, with a maximum horsepower of 400D • Draghead sizes range from approximately 2 feet by 2 feet to 2 feet by 3 feet • Draghead openings are include gridded baffles with openings ranging from 5 inches by 5 inches to 5 inches by 8 inches • Suction pipes 10-14" diameter • Discharge pipes 12-16" diameter Because dredging activity is limited to the areas of best or deepest water, no SAV or shellfish resources will be impacted by the dredges. By employing a 100' "no dredge" buffer around any mapped SAV or shellfish resources, direct impacts and indirect impacts associated with elevated turbidity will be minimized. 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 RECEIVED APTIM JAN 3 0 Z019 10 DCM WILMINGTON, NC 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. Not Applicable. 2.1.7 6e. The appropriate application fee. Check or money order made payable to DEQ. Please find enclosed an application fee check for $475. 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. W.A. Worth Estate and James C. Fletcher 0 Island Wanchese, NC 27981 Pea Island National Wildlife Refuge c/o Alligator River National Wildlife Refuge P. O. Box 1969 Manteo, NC 27954 Cape Hatteras National Seashore, ATTN: Mr. Steve Thompson, 1401 National Park Drive Manteo, NC 27954-9451 NCDOT Jerry Jennings, Division 1 Engineer Highway Division 1 113 Airport Drive, Suite 100 Edenton, NC 27932 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. • May 17, 1950; P.L 81-516, The River and Harbor Act, Congress authorized the USACE to dredge Oregon Inlet's ocean bar navigation channel to a depth of 14 feet. • May, 1988: EA/FONSI, Maintenance Dredging of Ocean Inlets and Connecting Channels Within the U.S. Army Corps of Engineers, Wilmington District, With a Sidecast or Hopper Dredge. • November 1990: EA/FONSI, Emergency Maintenance Dredging Manteo-Oregon Inlet Channel, Discharge of Dredged Material in Oregon Inlet, Vicinity of the Herbert C. Bonner Bridge, Manteo (Shallowbag) Bay Project, Dare County, North Carolina. • December 1990: EA/FONSI, Maintenance Dredging Manteo-Oregon Inlet Channel, Discharge of Dredged Material at Oregon Inlet, Vicinity of the Herbert c. Bonner Bridge, From December 1990 through March 31, 1991, Manteo (Shallowbag) Bay Project, Dare County, North Carolina. RECEIVED AnIM 11 JAN 3 0 2W9 OCM WILMINGTON, NC July 1990: EA/FONSI, Discharge of Dredged Material on Pea Island National Wildlife Refuge and Advanced Maintenance of the Oregon Inlet Channel, Manteo (Shallowbag) Bay Project, Dare County, North Carolina. • September 1990: EA/FONSI, Maintenance Dredging of New Alignment of Manteo-Oregon Inlet Channel, Vicinity of Old House Channel, Manteo (Shallowbag) Bay Project, Oare County, North Carolina • September 2004; USACE Finding of No Significant Impact: "Use of Government Plant to Dredge in Federally Authorized Navigation Project in North Carolina" 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. See Appendix B. 2.1.13 6L 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. SEPA compliance has been met by the development and authorization of the federal project. RECEIVED AMM 2 JAN 3 0 2019 0CM WILMINGTON, NC 1.2 DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) 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. Describe below the purpose of proposed excavation and/or fill activities. All values should be given In feet. Access Channel Canal Boat Boat Rock Rock Other (excluding shoreline (NLW or NWL) Basin Ramp Groin Breakwater stabilization) 4IN, 20,540', and Length 8,410' Width 100'400' Avg. Existing NA NA -5' MLW Depth Final Project NA NA -10 to -14' MLW Depth a. Amount of material to be excavated from below cubic yards. 125,750 cubic yards based on current conditions (i) Does the area to be excavated include coastal wetlands/marsh d. (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? if any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ®None (ii) Describe the purpose of the excavation in these areas: WA [I This section not applicable to be excavated. Sand High -ground excavation in cubic yards. None DISPOSAL OF E)CCAVATED MATERIAL ❑This section not applicable a. Location of disposal area. b. Dimensions of disposal area. Open water disposal in nearshore waters off Pea Island 5,000' x 2,500' and adjacent to remaining Bonner Bridge pilings C. (i) Do you claim title to disposal area? []Yes []NO ®NA (ii) If no, attach a letter granting permission from the owner. e. (i) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW []SAV ❑SB ❑WL ®None (ii) Describe the purpose of disposal in these areas: N/A d. (i) Will a disposal area be available for future maintenance? ®Yes []No ❑NA (ii) If yes, where? Same locations f. (i) Does the disposal include any area in the water? ®Yea ❑No ❑NA (ii) If yes, how much water area is affected? 12,600,00012 RECEIVED APTIM A 3 0 2019 5 DCM WILMINGTON, NC SHORELINE STABILIZATION ®This section not applicable (If development is a wood groin, use MR4 — Structures) s. Type of shoreline stabilization: b. Length: ❑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 Other I. Source of fill material. Width: _ d. Maximum distance waterward of NHW or NWL f. (i) Has there been shoreline erosion during preceding 12 months? []Yes []No ❑NA (ii) 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. (i) Will fill material be brouoht to the site? []Yes ❑No ❑NA b. (i) Will fill material be placed in coastal wetlands/marsh If yes, (ii) Amount of material to be placed in the water (iii) Dimensions of fill area (iv) Purpose of fill a. How will excavated or fill material be kept on site and erosion controlled? Excavated material will be transported from excavation site to disposal areas via hopper dredge only. C. (i) Will navigational aids be required as a result of the project? []Yes ONO ❑NA (ii) If yes, explain what type and how they will be implemented. (CW), submerged aquatic vegetation (5AV), snen bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ❑None (ii) Describe the purpose of the fill in these areas: b. What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? Hopper dredge. d. (i) Will wetlands be crossed in transporting equipment to project site? ❑Yes ONO ❑NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. Date Oregon Inlet Channel Maintenance Project Utilizing a New Special Purpose Dredge Project Name Dare County, c/o Robert Outten Applicant Name Applicant Signature DECEIVE® APTIM + 1 6 v JAN 3 0 2019 AGM WILMINGTON, NC ROY COOPER Governor MICHAELS.REGAN Secretary BRAXTON,C. DAVIS Director February 27, 2019 MEMORANDUM: NORTH CAROLINA Environmental Quality FROM: Heather Coats, Beach & Inlet Management Project Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 Fax: 910-395-3964 (Courier 04-16-33) Heather. Coats(ancdenr.00v SUBJECT: CAMA /Dredge & Fill Application Review Applicant: Dare County Project Location: Oregon Inlet extending to Old House Channel, adjacent to the Atlantic Ocean, in Dare County Proposed Project: To maintain the federal navigation channel by way of hopper dredge from Oregon Inlet to Old House Channel. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 19, 2019 at the address above. If you have any questions regarding the proposed project, please contact Heather Coats at (910) 796-7302. 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 North Carolina, Department of Environmental Quality I Division of Coastal Management Morehead City. -Office 1400AommePce Avenue I Morehead City, North Carolina 28557 252.808.2808 ROY COOPER Governor MICHAEL S. REGAN Coastal Management ENVIRONMENTAL OUALITV Coastland Times Re: Public Notice — Dare Co. Dear Sir: Please publish the attached Notice in the 3/3/19 Sunday issue of the Coastland Times. Semlo ry BRAXTON DAVIS Ur anv COPY The State Office of Budget and Management require 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 Jessica Gibson, NC Division of Coastal Management, 400 Commerce avenue, Morehead City, North Carolina 28557, Telephone (252) 808-2808. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Morehead City office. Sincerely, Susan Day Coastal Management Representative Enclosure cc: Roy Brownlow, District Manager Doug Huggett, Major Permits Coordinator State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Ave I Morehead City, NC 28557 252 808 2808 NOTICE OF FILING OF A PPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that an application for a development permit in an Area of Environmental Concern as designated under the CAMA was received on 1/30/19. According to the application, Dare County is proposing to maintain the federal navigation channel by way of hopper dredge from Oregon Inlet to Old House Channel A copy of the entire application may be examined or copied at the office of Heather Coats, NC Division of Coastal Management, located at 127 Cardinal Drive, Wilmington, NC, (910) 796-7302 during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, N.C. 28557, prior to 3/23/19, will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. PUBLISHED ON: 3/3/19 State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Ave I Morehead City, NC 28557 252 808 2808 z Ilk, BODICE ISLAND PAMLICO SOUND CHARLOTTE N.T.S. NOT FOR CONSTRUCTION FOR REGULATORY REVIEW ONLY PROJECT AREA OREGON INLET ATLANTIC PEA OCEAN ISLAND 0 12„00 25000 GRAPHIC SCALE IN FT RALEIGH ox\ cy CAPE FEAR OREGON INLET CHANNEL MAINTENANCE PROJECT DARE COUNTY, NORTH CAROLINA PROJECT LOCATION CAPE HATTERAS REHEAD CITY LOOKOUT ATLANTIC OCEAN 4:1*21APLUS *A 1 COVER SHEET 2 PROIECT OVERVIEW 3 OREGON INLET & OCEAN BAR CHANNEL PLAN VIEW 4 OREGON INLET TO HELLS GATE CHANNEL PLAN VIEW 5 OLD HOUSE CHANNEL PLAN VIEW 6 OREGON INLET & OCEAN BAR CHANNEL CROSS SECTIONS A -A' & B-B' 7 OREGON INLET TO HELLS GATE CHANNEL CROSS SECTIONS C-C' & D-D' 8 OLD HOUSE CHANNEL CROSS SECTIONS E-E' & F-F' GENERAL NOTES: 1. COORDINATES ARE IN FEET BASED ON NORTH CAROLINA STATE PLANE COORDINATE SYSTEM, NORTH AMERICAN DATUM 1983, (NAD83). 2. ELEVATIONS ARE REFERENCED TO MLLW. 3. DATE OF AERIAL PHOTOGRAPHY: FEBRUARY, 2016. 4. SURVEY DATA COLLECTED BY THE USACE ALONG THE OREGON INLET AND OCEAN BAR CHANNEL; NOVEMBER 20, 2018 (OREGON INLET BAR) & DECEMBER 13, 2018 (OREGON INLET SPIT) 5. SURVEY DATA COLLECTED BY THE USACE ALONG THE OREGON INLET TO HELLS GATE CHANNEL; SEPTEMBER 24-25, 2018 (RANGE 2-6) & DECEMBER 20, 2018 (OREGON INLET WEST RANGE 1) 6. SURVEY DATA COLLECTED BY THE USACE ALONG THE OLD HOUSE CHANNEL; AUGUST 8-9, 2018 (OLD HOUSE CHANNEL RANGE 2) & DECEMBER 14, 2018 (RANGE 17 EXTENSION & OLD HOUSE CHANNEL RANGE 1 I F(-,FNI) CROSS SECTION LINE DREDGE AREA PROPOSED CHANNEL CORRIDOR r o0 A O Lu Lu i LL z W od c 0 c Z. Z o z J Y as z N 0 p C o o E E m2 C oo t � a, i <3 a z Zr8 Y' 1 0: W° �Li 2z °_0 RECEIVED �a8 =w MAY 3 0 2019 0 MP SECTION WIRO CS-1 SHHT t OF OLD HOUSE CHANNEL DISPOSAL ISLAND "L" rn w 0 0 0 0 FOOTPRINT OF REPLACEMENT BRIDGE PROPOSED CHANNEL CORRIDOR DISPOSAL -\ ISLAND "C" i EXTENSON17 R DISPOSAL — ANGEI / ISLAND "MN" SEE NOTE 3. RANGE 2 / ..I NOT FOR CONSTRUCTION FOR REGULATORY REVIEW ONLY PAMLICO SOUND m r� BODIE ISLAND OREGON INLET AND OCEAN BAR CHANNEL ATLANTIC OCEAN I \ I OREGON / I INLET I \ PORTION OF HERBERT C. BONNER BRIDGE TO REMAIN / q NEAR SHORE DISPOSAL AREA INCLUDES THE �Q 2 FOOT PORTION OF THE ACTIVE BEACH PROFILE EXTENDS FROM 0.0 Ff. NAVD88 CONTOUR OUT THE -24.0 F. NAVD88 CONTOUR. OREGON INLET TO HELLS GATE CHANNEL 1. PLACEMENT OF DREDGE SPOIL MATERIAL ON DISPOSAL ISLAND MN, L, AND C IS NOT INCLUDED IN THE PROPOSED ACTION. 2. PROPOSED OREGON INLET AND OCEAN BAR CHANNELS AND OREGON INLET TO HELLS GATE CHANNEL ARE NOT FIXED AND RATHER FOLLOW DEEP WATER AT TIME OF MAINTENANCE. LOCATION SHOWN IS REPRESENTATIVE ONLY AND WILL CHANGE BASED ON BATHYMETRY AT TIME OF MAINTENANCE. 3. RANGE 1 IS THE ONLY AREA OF OLD HOUSE CHANNEL WHERE DREDGING WILL BE PERMITTED. PEA ISLAND D � �z z o zz 028 w I afu i O " 0 0 1250 0 GRAPHIC SCALE IN FT PV-1 5HEE 00o DISPOSAL tih ISLAND "L" h� OLD HOUSE CHANNEL DISPOSAL ISLAND "MN" EXTENSONI7\ C RANGE 1 RANGE 2 SEE NOTE 3. 10� - NOT FOR CONSTRUCTION FOR REGULATORY REVIEW ONLY Name FOOTPRINT OF DISPOSAL REPLACEMENT BRIDGE ISLAND "C" 10, o °e \ / OREGON INLET TO HELLS GATE CHANNEL \ 1-Q \ F � O 7 /rl S PROPOSED CHANNEL \ I. L • l CORRIDORPAMLICO SOUND NOTE: \ \ 1. PLACEMENT OF DREDGE SPOIL MATERIAL ON DISPOSAL ISLAND MN, L, AND C IS NOT INCLUDED IN THE PROPOSED ACTION. 2, PROPOSED OREGON INLET TO HELLS GATE CHANNEL IS NOT FIXED AND RATHER FOLLOW DEEPWATER AT TIME OF MAINTENANCE. LOCATION SHOWN IS IEPRESENTATIVE ONLY AND WILL CHANGE BASED ON BATHYMETRY AT TIME OF MAINTENANCE. 3. RANGE 1 IS THE ONLY AREA OF OLD HCUSE CHANNEL WHERE DREDGING WILL BE PERMITTED. ?1 U OREGON INLET AND OCEAN BAR CHANNEL 91 -6? PORTION OF HERBERT C. BONNER BRIDGE TO REMAIN e � hoop W a a z z W BODIE °a ` ISLAND E z 'o J � L J o ( Q Z Y F cc o rc a a O U D ZU 0 CL °, zo I 1 1000 1500 GRAPHIC SCALE IN FT s W � J Z�g �z miff �U, zW5 Viz _ z '09 w ui O� W 0EU W DISPOSAL ISLAND "L" DISPOSAL ISLAND "MN" PAMLICO ppprF SOUND _ PROPOSED CHANNEL /12 CORRIDOR OLD HOUSE CHANNEL RANGE 2 14 r,'EE -6 TO A NOTE: \ \\\ PLACEMENT OF DREDGE SPOIL MATERIAL ON ` \ DISPOSAL ISLAND MN AND L IS NOT INCLUDED IN THE PROPOSED ACTION.�j \ \ NOT FOR CONSTRUCTION FOR REGULATORY REVIEW ONLY \ 16. � F' OLD HOUSE CHANNEL RANGE 1 INLET TO TE CHANNEL 0 Lti "I p z `' yWj n F z z W z 1 = 3 d � 1 0 ` �6 0 -- -- �- o 0 IL \ RANGE D EXTENSION \ � o e � iG z g^ou z W W Q Nz 0 500 � 0 SCALE IN FT W < u 0 RECt`P9`f ff ¢ ° 0 WAY 3 0 109 DARKIHG HO. Ik1� P SECTIO -6 PV-4 SHED i Of 6 I Name -40 CROSS SECTION A -A' EXISTING GRADE NOVEMBER 20, 2018 AND DECEMBER 13, 2018 1 �1 5 5 v MAXIMUM AD EL. J = -14.0 ' MLLW r NOT FOR CONSTRUCTION FOR REGULATORY REVIEW ONLY 1000 2000 3000 4000 5000 6000 7000 8000 DISTANCE ALONG SECTION (FEET) 0 10 20 o�soolaoo VERTICAL GRAPHIC SCALE IN FT HORIZONTAL GRAPHIC SCALE IN FT CROSS SECTION B-B' 10- 5- w W 0 J -5 z O -10 J W -15 IL JI EXISTING GI NOVEMBER, AND DECEM MAXIMUM AD EL. _ -14.0 ' MLLW 400' iu 5 0 U\DE 0, 2018 3ER 13, 2018 -10 -15 -1000 -500 0 500 1000 DISTANCE FROM CENTERLINE (FEET) 0 5 10 0` 250 Soo VERTICAL GRAPHIC SCALE IN FT HORIZONTAL GRAPHIC SCALE IN FT 10 0 -10 -20 -30 -40 9000 10000 11000 12000 a IQ aT A W S X W 6LL 2 a 2 W p�J e z g z e u d s r ,J O 2 f' LL Q n E 20 Oz m o° 2m23 33 Tit � m! OJ J m �p ZZ� EOu QaQ ww �uw uz ywz ;96 zp waW fWEM °u Ouut, 00 O u XS-1 a 6 OF 8 lU w 0 W LL -10 J O -20 w -30 CROSS SECTION C-Cl EXISTING GRADE SEPTEMBER 24-25, 2018 AND DECEMBER 20, 2018 Q IQ W IL —^+ T- r J MAXIMI JM AD EL. L) ~ IE -500 0 1000 2000 3000 4000 5000 6000 CROSS SECTION C-Cl 7000 8000 9000 10000 11000 12000 130001 EXISTING GRADE SEPTEMBER 24-25, 2018 AND DECEMBER 20, 2018 I 1 MAXIMUM AD _ -12.0' MLLW 14000 j NOT FOR CONSTRUCTION FOR REGULATORY REVIEW ONLY 15000 16000 17000 18000 19000 DISTANCE ALONG SECTION (FEET) 0�10`20 0 50�0 1000 VERTICAL GRAPHIC SCALE IN FT HORIZONTAL GRAPHIC SCALE IN FT lU 7 0 � w 0 Lu ur °- 10 3 -5 f 20 p O -10 � a 30 L -15 w CROSS SECTION D-D' ISTING GRADE EPTEMBER 24-2 ND DECEMBER PE' IL i \ 100' / — r MAXIMUM AD EL. — — _ -12.0MLLW 5 5, 2018 W, 2018 -5 -10 -15 20000 21000 21500 -500 -250 0 250 500 DISTANCE FROM CENTERLINE (FEET) 0 5 10 0` 125 250 VERTICAL GRAPHIC SCALE IN FT HORIZONTAL GRAPHIC SCALE IN FT RECEIVED MAY 3 0 2019 MP SECTION WIRO �7 z w a z a W p+j e z 2 z V IL Y 2 4 O rc �z m o� Q ZZ q S� o d oz EJ 'T U m U2 ;z HO WDw Z U O W W 0 w 0 U XS-2 ET ] OF B 10• w 0. w LL -10• z 0 -20 F w W -30 CROSS SECTION E-El 1 EXISTING GRADE AUGUST 8-9, 2018 AND DECEMBER 14, 2018 L J1 3 ... —ram.. �_`yw rr __�`� .... �-. r ^r—�. .-i-�^� ��,• MAXIMUM AD EL. _ -12.0 'MLLW -500 0 j w!= 1 NOT FOR CONSTRUCTION FOR REGULATORY REVIEW ONLYP i Name DATE 1000 2000 3000 4000 5000 6000 7000 DISTANCE ALONG SECTION (FEET) o I�o� zo o�sooiaoo VERTICAL GRAPHIC SCALE IN FT HORIZONTAL GRAPHIC SCALE IN FT 5 0 LL 1 3 -5 J f 0 -10 -15 w CROSS SECTION F-F' EXISTING GRADE — AUGUST 8-9, 2018 AND DECEMBER 14, I 1L 3 3 10014. 1�17MAXIMUM AD EL. _ -12.0' MLLW -500 -250 0 250 500 DISTANCE FROM CENTERLINE (FEET) 05�10 0 125 250 VERTICAL GRAPHIC SCALE IN FT HORIZONTAL GRAPHIC SCALE IN FT 2018 -5 -10 -15 10 0 -10 -20 -30 8000 9000 9500 DRAWING AO. XS-3 SKEET a OF a OREGON INLET CHANNEL MAINTENANCE PROJECT DARE COUNTY, NORTH CAROLINA Z PROJECT AREA BODIE ISLAND OREGON INLET PAMLICO SOUND CHARLOTTE N.T.S. NOT FOR CONSTRUCTION FOR REGULATORY REVIEW ONLY ATLANTIC PEA OCEAN ISLAND 0 12�500 25000 GRAPHIC SCALE IN FT RALEIGH PROJECT LOCATION O O N CAPE HATTERAS %40 —JACKSONVILLE• OREHEAD CITY CAPE LOOKOUT CAPE FEAR ATLANTIC OCEAN SHEETINDEX I COVER SHEET 2 PROJECT OVERVIEW 3 OREGON INLET & OCEAN BAR CHANNEL PLAN VIEW 4 OREGON INLET TO HELLS GATE CHANNEL PLAN VIEW 5 OLD HOUSE CHANNEL PLAN VIEW 6 OREGON INLET & OCEAN BAR CHANNEL CROSS SECTIONS A -A' & B-B' 7 OREGON INLET TO HELLS GATE CHANNEL CROSS SECTIONS C-C' & D-D' 8 OLD HOUSE CHANNEL CROSS SECTIONS E-E' & F-F' GENERAL NOTES: 1. COORDINATES ARE IN FEET BASED ON NORTH CAROLINA STATE PLANE COORDINATE SYSTEM, NORTH AMERICAN DATUM 1983, (NAD83). 2. ELEVATIONS ARE REFERENCED TO MLLW. 3. DATE OF AERIAL PHOTOGRAPHY: FEBRUARY, 2016. 4. SURVEY DATA COLLECTED BY THE USACE ALONG THE OREGON INLET AND OCEAN BAR CHANNEL; NOVEMBER 20, 2018 (OREGON INLET BAR) & DECEMBER 13, 2018 (OREGON INLET SPIT) S. SURVEY DATA COLLECTED BY THE USACE ALONG THE OREGON INLET TO HELLS GATE CHANNEL; SEPTEMBER 24-25, 2018 (RANGE 2-6) & DECEMBER 20, 2018 (OREGON INLET WEST RANGE 1) 6. SURVEY DATA COLLECTED BY THE USACE ALONG THE OLD HOUSE CHANNEL; AUGUST 8-9, 2018 (OLD HOUSE CHANNEL RANGE 2) & DECEMBER 14, 2018 (RANGE 17 EXTENSION & OLD HOUSE CHANNEL RANGE 1 LEGEND — — — — CROSS SECTION LINE DREDGE AREA — — — PROPOSED CHANNEL CORRIDOR RECEIVED FEB 2 2 2019 DCM-MHD CITY RECEIVED FE' 13 ;9 xq z -- z W nLL W Z W 06 E O Z. Zo J CL J 0 a z a G a V g� E Ci 0 m 2 C00 $3 DCM WILMINGTON, NC CS-1 SHEEP l OF 8 r BODIE ISLAND �'N FOOTPRINT OF REPLACEMENT BRIDGE PROPOSED CHANNEL CORRIDOR DISPOSAL \ ISLAND "C" / OLD HOUSE CHANNEL DISPOSAL ISLAND "L" DISPOSAL — ISLAND "MN" PAMLICO SOUND NOT FOR CONSTRUCTION FOR REGULATORY REVIEW ONLY I OREGON INLET AND OCEAN BAR CHANNEL I I OREGON I INLET 1 / � ATLANTIC OCEAN ' PORTION OF HERBERT C. \ / BONNER BRIDGE TO REMAIN / NEAR SHORE DISPOSAL AREA INCLUDES THE -2,SC / FOOT PORTION OF THE ACTIVE BEACH PROFILE THE EXTENDS FROM 0.) FT. NAV088 CONTOUR OUT TO / Of THE -24.0 FT. NAW88 CONTOUR. SA Z OREGON INLET TO HELLS GATE CHANNEL ul lr4 1. PLACEMENT OF DREDGE SPOIL MATERIAL ON DISPOSAL ISLAND MN, L, AND C IS NOT INCLUDED IN THE PROPOSED ACTION. 2. PROPOSED OREGON INLET AND OCEAN BAR CHANNELS AND OREGON INLET TO HELLS GATE CHANNEL ARE NOT FIXED AND RATHER FOLLOW DEEP WATER AT TIME OF MAINTENANCE. LOCATION SHOWN IS REPRESENTATIVE ONLY AND WILL CHANGE BASED ON BATHYMETRY AT TIME OF MAINTENANCE. 0 w 0 0 0 ka RECEIVED RECEIVED FEB 13 Z019 FEB 2 2 Z019DCM WILMINGTON, NC DCM-MHD CITY i I 0 50 2500 m GRAPHIC SCALE IN FT a� a4 z z —' s W nLL W Z LLI ad S 17 e z z J d L V .o z Qom E 0O OZ z Z� QHb 1 <mm2 o� z JG0 w wug o � : G zrz Wig 8 0 Of _ d �d 0 PV-1 S"EE 2 Of 9 OREGON INLET TO/ ?� HELLS GATE CHTp L. / v PAML'ICO - SOUND .F La NOT FOR CONSTRUCTION FOR REGULATORY REVIEW ONLY ° o � C ape BODIE ISLAND v FOOTPRINT OF REPLACEMENT BRIDGE / i �p \ INLET -12 PORTION OF HERBERT C. BONNER BRIDGE TO REMAIN dq PEA ISLAND 00 OREGON INLET AND OCEAN BAR CHANNEL / o / / / V l 3 / l / / / ATLAN OCEAN s / / PROPOSED CHANNEL I . PROPOSED OREGON INLET AND OCEAN BAR CHANNELS IS NOT FIXED AND RATHER FOLLOW DEEPWATER AT TIME OF - / CORRIDOR MAINTENANCE. LOCATION SHOWN IS LEPRESENTATIVE ONLY AND WILL CHANGE BASED ON BNHYMETRYATTIME - RECEIVED ` OF MAINTENANCE. RECEIVED 13 2019 �EB 2 2 2019 DCM WiLMiN9ro ".. \ dcM-MHD CITY O shoo 1000 rt / GRAPHIC SCALE IN FT a� W �n z E5 z W 06 u c tD c z z a z m J U a� F ao� 0 °Z a °° $ 0� g� A G °zz g€ �L) u z=5 z 0 5 z f 00 0 DR>wmG PV-2 J °oo DISPOSAL tiy° ISLAND "L" y° DISPOSAL ISLAND "MN" \ C OLD HOUSE CHANNEL^ h NOT FOR CONSTRUCTION FOR REGULATORY REVIEW ONLY DISPOSAL ISLAND "C" FOOTPRINT OF REPLACEMENT BRIDGE OREGON INLET TO HELLS GATE CHANNEL i \ _4 � to %7 \ j C 7 / \ �c PROPOSED CHANNEL CORRIDOR PAMLICO SOUND 1. PLACEMENT OF DREDGE SPOIL MATERIAL OV DISPOSAL ISLAND MN, L, AND C IS NOT INCLUDED IN THE PROPOSED ACTION. 2. PROPOSED OREGON INLET TO HELLS GATE-HANNEL IS NOT FIXED AND RATHER FOLLOW DEEP WA"ER AT TIME Of MAINTENANCE. LOCATION SHOWN IS REPRESENTATIVE ONLY AND WILL CHANGE BASED ON BATHYNETRY AT TIME m -6 B D - - Q w w =K aLL 2 Y: W °� BODIE '`- ISLAND = z o a u J G F LL Q O g 0 £ 0z 41 m go,; / 2 ' arS / for �v ' co oRE -Ii If u 2 �5 0 2 6g� G$ u� =V5 z�z zaz OREGON INLET AND RECE D ozz .§ OCEAN BAR CHANNEL .� oEd ov RECEIVED PORTION OF HERBERT C. y a BONNER BRIDGE TO REMAIN FEB 2 2 Z019 DCM WILMINGTON, N 1 loon I500 DCM-MHD CITY I lw, PV-3 GRAPHIC SCALE IN FT cxeer a or e 10 0 w w LL 3 -10 J O -20 Q w w -30 -40 CROSS SECTION A -A' I EXISTING GRADE NOVEMBER 20, 2018 AND DECEMBER 13, 2018 I 5 -- 1 5 1/ N MAXIMUM AD EL. _ -14.0 'MLLW -500 0 NOT FOR CONSTRUCTION FOR REGULATORY REVIEW ONLY 1000 2000 3000 4000 5000 6000 7000 8000 DISTANCE ALONG SECTION (FEET) 0 10 20 0 500 1000 VERTICAL GRAPHIC SCALE IN FT HORIZONTAL GRAPHIC SCALE IN FT 10. 5 w w LL 0 3 J J z O -10 w J W -15 CROSS SECTION B-B' 1L JI EXISTING GI NOVEMBER: AND DECEM MAXIMUM AD EL. _ -14.0 ' MLLW 400' 10 5 0 2ADE ?0, 2018 BER 13, 2018 10 15 -1000 -500 0 500 1000 DISTANCE FROM CENTERLINE (FEET) 05�10 0 2� 0 VERTICALGRAPHIC SCALE IN FT HORIZONTAL GRAPHIC SCALE IN FT 10 0 10 -20 -30 -40 9000 10000 11000 12000 RECEIVED RECEIVED FEB 2 2 2019 13 DCM-MHD CITY DCM WILMINGTON, INC x5-i SHEET 6 OP e 10 w 0 LL -10 �..I�VJJ JL�..IIVIY ly—y EXISTING GRADE SEPTEMBER 24-25, 2018 AND DECEMBER 20, 2018 L od MAXIM MAD EL I i00 0 1000 2000 3000 4000 5000 6000 7000 8000 9000 10000 11000 12000 13000 CROSS SECTION C-C' EXISTING GRADE 5EPTEMBER 24-25, 2018 AND DECEMBER 20, 2018 I 1 r- � 1l� MAXIMUM AD EL. _ -12.0' MLLW \ J 14000 NOT FOR CONSTRUCTION FOR REGULATORY REVIEW ONLY 15000 16000 17000 18000 19000 DISTANCE ALONG SECTION (FEET) 0 10 20 0 5�001000 VERTICAL GRAPHIC SCALE IN FT HORIZONTAL GRAPHIC SCALE IN FT INamc DATE 10 5 0 Li tu- 0 ui ui LL 3 -10 3 -5 f f -20 p O -10 -30 > Lu > w -15 w CROSS SECTION D-D' EXISTING GRADE SEPTEMBER 24-1 AND DECEMBER IL \ 100' t—AXIMU-MADEL. — _ -12.0' MLLW 5 5, 2018 20, 2018 -5 20000 21000 21500 -500 -250 0 250 500 DISTANCE FROM CENTERLINE (FEET) 05 10 � 0125 � 0 VERTICAL GRAPHIC SCALE IN FT HORIZONTAL GRAPHIC SCALE IN FT RECE-:Eo RECEIVED FEB 222019 FEB 132019 DCM-MHD CITY DCM WILMINGTON, NC XS-2 SNEET 1 Of a itNOT FOR CONSTRUCTION FOR REGULATORY REVIEW ONLY 10 Z O -20 ¢ w -30 CROSS SECTION E-E' EXISTING GRADE AUGUST 8-9, 2018 AND DECEMBER 14, 2018 I L J1 s ! MAXIMUM AD EL. _ -12.0' MLLW -500 0 1000 2000 3000 4000 5000 6000 7000 DISTANCE ALONG SECTION (FEET) o Iso zo o shoo I000 VERTICAL GRAPHIC SCALE IN FT HORIZONTAL GRAPHIC SCALE IN FT CROSS SECTION F-F E L 0 w 3 5 J v Z O -10 I= -j -15 w 5 , 2018 -5 -500 -250 0 250 500 DISTANCE FROM CENTERLINE (FEET) 0�-- 5� 10 0�--112552250 VERTICAL GRAPHIC IN FT HORIZONTAL GRAPHIC SCALE IN FT -10 -15 10 0 -10 -20 -30 8000 9000 9500 RECEIVED RECEIVED - FB 13 7019 FEB 2 2 2019 DCM WILMINGTON, NC DCM-MHD CITY z rl ppp� LL u z W 2 =w u z 2 W Q 0 V coW o XS-3 swEer a or a DATE z I BODIIE ISLAND PAMLICO SOUND CHARLOTTE �1 N.T.S. NOT FOR CONSTRUCTION FOR REGULATORY REVIEW ONLY PROJECT AREA OREGON INLET ATLANTIC PEA OCEAN ISLAND o I�oo GRAPHIC SCALE IN FT RALEIGH \e NOS � CAPE FEAR OREGON INLET CHANNEL MAINTENANCE PROJECT PROJECT LOCATION CAPE HATTERAS REHEAD CITY LOOKOUT ATLANTIC OCEAN DARE COUNTY, NORTH CAROLINA SHEETINDEX 1 COVER SHEET 2 PROJECT OVERVIEW 3 OREGON INLET & OCEAN BAR CHANNEL PLAN VIEW 4 OREGON INLET TO HELLS GATE CHANNEL PLAN VIEW 5 OLD HOUSE CHANNEL PLAN VIEW 6 OREGON INLET & OCEAN BAR CHANNEL CROSS SECTIONS A -A' & B-B' 7 OREGON INLET TO HELLS GATE CHANNEL CROSS SECTIONS C-C' & D-D' 8 OLD HOUSE CHANNEL CROSS SECTIONS E-E' & F-F' GENERAL NOTES: 1. COORDINATES ARE IN FEET BASED ON NORTH CAROLINA STATE PLANE COORDINATE SYSTEM, NORTH AMERICAN DATUM 1983, (NAD83). 2. ELEVATIONS ARE REFERENCED TO MLLW. 3. DATE OF AERIAL PHOTOGRAPHY: FEBRUARY, 2016. 4. SURVEY DATA COLLECTED BY THE USACE ALONG THE OREGON INLET AND OCEAN BAR CHANNEL; NOVEMBER 20, 2018 (OREGON INLET BAR) & DECEMBER 13, 2018 (OREGON INLET SPIN 5. SURVEY DATA COLLECTED BY THE USACE ALONG THE OREGON INLET TO HELLS GATE CHANNEL; SEPTEMBER 24-25, 2018 (RANGE 2-6) & DECEMBER 20, 2018 (OREGON INLET WEST RANGE 1) 6. SURVEY DATA COLLECTED BY THE USACE ALONG THE OLD HOUSE CHANNEL; AUGUST 8-9, 2018 (OLD HOUSE CHANNEL RANGE 2) & DECEMBER 14, 2018 (RANGE 17 EXTENSION & OLD HOUSE CHANNEL RANGE 1 LFGFND — — — — CROSS SECTION LINE 9II4*el4L- :fl0 — — — — PROPOSED CHANNEL CORRIDOR RECEIVED JAN 3 0 Z019 DCM WILMINGTON, CS-1 SHEET 1 OF 8 ti ., 4 i I O 1?71 i H i i i H i i 09 IN OLD HOUSE CHANNEL DISPOSAL ISLAND "L" DISPOSAL — ISLAND "MN" i m NOT FOR CONSTRUCTION FOR REGULATORY REVIEW ONLY r BODIE ISLAND � FOOTPRINT OF REPLACEMENT BRIDGE PROPOSED CHANNEL CORRIDOR r DISPOSAL \ ISLAND "C' / PAMLICO SOUND m 0 N f \ I OREGON INLET AND OCEAN BAR CHANNEL I \ � I \ I \ I I / OREGON I INLET 1 / � ATLANTIC OCEAN 1 PORTION OF HERBERT C. \ / BONNER BRIDGE TO REMAIN NEAR SHORE DISPOSAL AREA INCLUDES THE —2,500 / PORTIONFOOT ACTIVE T EXTENDS FROM 0.3 FT. NAVD88 CONTOUR OUT TO O THE -24.0 FT. NAVD88 CONTOUR. OREGON INLET TO HELLS GATE CHANNEL 1. PLACEMENT OF DREDGE SPOIL MATERIAL ON DISPOSAL ISLAND MN AND L IS NOT INCLUDED IN THE PROPOSED ACTION. 2. PROPOSED OREGON INLET AND OCEAN BAR CHANNELS AND OREGON INLET TO HELLS GATE CHANNEL ARE NOT FIXED AND RATHER FOLLOW DEEP WATER AT TIME OF MAINTENANCE. LOCATION SHOWN IS REPRESENTATIVE ONLY AND WILL CHANGE BASED ON BATHYMETRY AT TIME OF MAINTENANCE. m fso 2 RECEIVED JAN 3 0 mg DCM WILANGTON, NO PEA ISLAND 0 1250 2500 GRAPHIC SCALE W FT NO. PV-1 2F OREGON INLET TO HELLS GATE CHANNEL a IT 6` Gj� D PAN4L-ICO SOUND ' a< BODIE ISLAND W J z FOOTPRINT OF / / z c / _ REPLACEMENT BRIDGE / IL / J 0 / a o 81 J / - V �/ 30 E o o ? / V E d, ma 00 - - a �- = �p _ 8 i O _ p v U PORTION OF HERBERT C. BONNER BRIDGE TO REMAIN 0 PEA ISLAND =�P�Q Qo Q NOT FOR CONSTRUCTION FOR REGULATORY REVIEW ONLY OREGON INLET AND OCEAN BAR CHANNEL ,i -sue-, b / ATLANTIC OCEAN 9 b 1. PROPOSED OREGON INLET AND OCEAN BAR CHANNELS IS - / PROPOSED CHANNEL NOT FIXED AND RATHER FOLLOW DEEPWATER AT TIME OF CORRIDOR MAINTENANCE. LOCATION SHOWN IS LEPRESENTATIVE RECEIVED ONLY AND WILL CHANGE BASED ON BAIHYMETRY AT TIME FI OF MAINTENANCE. / E% JAN 3 0 2019 DCM;I N, NC 0 Soo 1000 r YL / GRAPHICFr wuad aQ g , U w ug z�> <> ZmZ z� c°�zo a� w< Eu O� 0 11 PV-2 5.eu 3 Of >S3000 DISPOSAL �o�ho°o �>S0000 IS LAND "L' kr rs G ' m W ix ��+� W FOOTPRINT OF ti z DISPOSAL DISPOSAL REPLACEMENT BRIDGE I ISLAND "MN" A O - -6 ISLAND "C" BODIE °d e ISLAND z z a z us \ -1 m as \ J O _ 0 10 1 - o I4 qE ffi_ OLD HOUSE CHANNEL' .11 __1�� — \ \ / *, oo 10 CD _\ \2 OREGON INLET TO \s;y \ \� HELLS GATE CHANNEL co \ \ PEGO I INLETS, C - ED � PROPOSED CHANNEL rt $ tx CORRIDOR PAMLICO SOUND? " / \' \�I J/ NOTE: 1. PLACEMENT OF DREDGE SPOIL MATERIAL OV DISPOSAL ISLAND MN AND L IS NOT INCLUDED IN THE PROPOSED ACTION. 2. PROPOSED OREGON INLET TO HELLS GATE --HANNEL IS NOT FIXED AND RATHER FOLLOW DEEP WA -ER AT TIME OF MAINTENANCE. LOCATION SHOWN IS REPIESENTATIVE ONLY AND WILL CHANGE BASED ON BATHYMETRY AT TIME OF MAINTENANCE. NOT FOR CONSTRUCTION FOR REGULATORY REVIEW ONLY OREGON INLET AND OCEAN BAR CHANNEL R CEIVEp PORTION OF HERBERT C. JAN 3 0 201 BONNER BRIDGE TO REMAIN DCM WILMINGTON, NO 1 1000 1500 GRAPHIC SCALE IN PV-3 SwEFT X otioo Np�oo DISPOSALISLAND "L" DISPOSAL ISLAND "MN" PAMLICO SOUND :s; .•t It I PROPOSED CHANNEL CORRIDOR Wr s OLD HOUSE CHANNEL / / RANGE 2 8 TO H F FI OLD HOUSE CHANNEL RANGE 1 DN INLET TO 'GATE CHANNEL NOTE: PLACEMENT OF DREDGE SPOIL MATERIAL ON �. DISPOSAL ISLAND MN AND L IS NOT INCLUDED IN ! \ \ \ THE PROPOSED ACTION, NOT FOR CONSTRUCTION FOR REGULATORY REVIEW ONLY 4 El RANGE17 EXTENSION GRAPHIC SCALE RECEIVED JAN 3 0 2019 c a Dn WING nG. PV-4 _l 10 0 w w IL 3 -10 J Z O -20 Q w w -30 -40 CROSS SECTION A -A' EXISTING GRADE NOVEMBER 20, 2018 AND DECEMBER 13, 2018 1 1 i N \ MAXIMUM AD EL. \i = -14.0 ' MLLW -500 0 NOT FOR CONSTRUCTION FOR REGULATORY REVIEW ONLY 1000 2000 3000 4000 5000 6000 7000 8000 DISTANCE ALONG SECTION (FEET) 0 10 20 0 Soo 1000 VERTICAL GRAPHIC SCALE IN FT HORIZONTAL GRAPHIC SCALE IN FT 10- 5- w LL 0. 3 J J 5- z O -10- W J W -15 CROSS SECTION B-B' I J1 = - - I EXISTING GI - NOVEMBER : AND DECEM I 1 L MAXIMUM AD EL. _ -14.0 ' MLLW 400' 10 5 0 LADE !0, 2018 3ER 13, 2018 -10 -15 -1000 -500 0 500 1000 DISTANCE FROM CENTERLINE (FEET) 0250 � o VERTICAL GRAPHIC SCALE IN FT HORIZONTAL GRAPHIC SCALE IN FT 10 0 -10 -20 -30 -40 9000 10000 11000 12000 RECEIVED JA N 3 0 2019 DCM WILMINGTON, NO I � m J m Z- �Q4 = a LuZ 2CZ '-10 z ZE �a p=V 080 p V0 oal�v+,Nc no. XS-1 SN!!T ! O! 6 10 0 w w LL 10 J -20 a w w -30 !^DnCC CCr`TTnw f _(" i 1, EXISTING GRADE SEPTEMBER 24-25, 2018 AND DECEMBER 20, 2018 I L I _ — �- MAXIMUM AD EL. \ 1 500 0 1000 2000 3000 4000 5000 6600 7000 8000 9000 10600 11000 12000 13000 CROSS SECTION C-C' EXISTING GRADE i SEPTEMBER 24-25, 2018 AND DECEMBER 20, 2018 1 I / MAXIMUM AD — _ -12.0' MLLW �I i 14600 15000 NOT FOR CONSTRUCTION FOR REGULATORY REVIEW ONLY 16000 17000 18000 19000 DISTANCE ALONG SECTION (FEET) 010 20 � 0 500 0 VERTICAL GRAPHIC SCALE IN FT HORIZONTAL GRAPHIC SCALE IN FT 10 5 0 w 0 w W LL w LL , 3 -10 5 J -20 p O -10 F- ¢ -30 L w -15 w CROSS SECTION D-D' I EXISTING GRADE SEPTEMBER 24-� AND DECEMBER iL J1 / \ / \ 100' MAXIMUM AD EL. ^ = -12.0' MLLW Q Q W 5 5, 2018 20, 2018 -5 20000 21000 21500 -500 -250 0 250 500 DISTANCE FROM CENTERLINE (FEET) -10 -15 9 a O J 6 1 ozco u z 1- it r WZU ZVU1 0 5 10 0 125 250 2Z Qa0 V VERTICAL GRAPHIC SCALE IN FT HORIZONTAL GRAPHIC SCALE IN FT „0�, 1w M9 wo off DiN W RECEIVED a JAN 3 0 2019 DUMNG NO. DCM WILMINGTON, NC XS-2 SHEET 7 OF 8 w 0 W LL 1 10 J Z O -20' Q i w -30 CROSS SECTION E-E' EXISTING GRADE AUGUST 8-9, 2018 AND DECEMBER 14, 2018 L J1 3 _ MAXIMUM AD EL. _ -12.0 ' MLLW -500 0 1000 2000 3000 4000 5000 6000 7000 DISTANCE ALONG SECTION (FEET) a Imo zo o shoo �ioioo VERTICAL GRAPHIC SCALE IN FT HORIZONTAL GRAPHIC SCALE IN FT �I NOT FOR CONSTRUCTION s FOR REGULATORY REVIEW ONLY itName DATE 5 0 CROSS SECTION F-F' 5 EXISTING GRADE AUGUST 8-9, 2018 AND DECEMBER 14, 2018 --1 F -5 ..1—.--, h-15 -500 -250 0 250 500 DISTANCE FROM CENTERLINE (FEET) VERTICAL GRAPHIC SCALE IN FT HORIZONTAL GRAPHIC SCALE IN FT 10 0 -10 -20 -30 8000 9000 9500 a zr aT z z W ix ,y n a z 5 z W 08 5 z E z o 4 d L Y J G Q z f � R O o E O U m as o o Q 2z n i2 m $3 3 JG a LL Zm zr uff€ ILl u z =`,u, ozW o0 RECEIVED JAN 3 0 2019 Dnemac Nu DCM WILMINGTON, 110XS-3 SHEET 8 O 8