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HomeMy WebLinkAbout69-18 NC WRCPsm* Class NEW Permit Number 69-18 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 Issued to NC Wildlife Resources Commission,1722 Mail Service Center, Raleigh, NC 27699 Authorizing development in Dare County at adj. east side of Hatteras Inlet complex. 1.2 miles NW of Ocracoke Is., in Pamlico Sound , as requested in the permittee's application dated 3/12/18 (MP-1) & "Received DCM-WARD 3/19/18" (MP-2), incl. attached workplan drawings (6), all dated "Received DCM-WARD 3/19/18". This permit, issued on . July 11, 2018 , 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. Bird Island Restoration 1) In order to protect juvenile shrimp and finfish populations, no excavation or filling shall be permitted between March 1 and October 31 of any year without the prior approval of the Division of Coastal Management and the US Army Corp of Engineers, and in consultation with appropriate resource agencies. 2) This permit authorizes the one-time beneficial use placement of spoil materials to restore a historical spoil island for bird habitat. Any subsequent placement of material shall require additional coordination and/or approval. The permittee shall contact the Division at (252) 264-3901 for this determination. (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, 2021 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 Chairman of the Coastal Resources Commission. jl* &WiL Braxton avis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Resources Commission ADDITIONAL CONDITIONS Permit No. 69-18 Page 2 of 3 No excavation is authorized under this permit. The dredge footprint has been authorized under CAMA Permit No. 129-16 issued to Dare County. Should material from any other approved dredging site be proposed, additional coordination and/or approvals will be required. Unless specifically altered herein, the in -water disposal of dredge materials for the restoration of bird nesting and foraging habitat shall be conducted in accordance with the attached permit drawings, and in a manner consistent with the procedures described in the attached Project Narrative dated "Received DCM-WARD 3/19/18". The permittee shall develop a spoil discharge plan, and this plan shall be approved by the appropriate resource agencies prior to the commencement of any such activity. A copy of the plan shall be readily available on site. In accordance with commitments made by the permittee and in order to satisfy concerns of the resource agencies, the construction methodologies described in the attached Project Narrative shall be followed to avoid the fill of Coastal Wetlands. No fill shall be placed at any time in any Coastal Wetlands. In accordance with commitments made by the permittee and in order to satisfy concerns of the resource agencies, an ingress/egress route shall be utilized to avoid submerged aquatic vegetation (SAV) impacts. All available precautions shall be utilized to ensure that SAV habitat is not impacted from authorized activities. USACE Conditions The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee shall be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit N CS261, 1315 E West HWY-RM 7316, Silver Spring, MD 20910-3282 at least two weeks prior to beginning work and upon completion of work. General The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee shall be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. SC-Willllife Resources Commission ADDITIONAL CONDITIONS Permit No. 69-18 Page 3 of 3 10) . In order to ensure compliance with the conditions of this Permit, the permittee and his contractor shall schedule a pre -construction conference with the Division of Coastal Management to coordinate pre - approval of the spoil discharge plan, prior to the initiation of any dredging or mobilization activities. 11) Any additional mitigative measures or environmental commitments specifically made by the applicant for this project in the attached application and narrative, shall be implemented_, regardless of whether or not such commitments are addressed by individual conditions of this permit. 12) No attempt shall be made by the permittee to prevent the free and full use by the public of all navigable waters adjacent to the authorized work. Use of the permitted activity shall not interfere with the public's right to free navigation on all navigable waters of the United States. 13) This permit does not authorize any permanent or long-term interference with the public's right to access and/or usage of all State lands and waters. 14) 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. 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 permittee's contractor is advised to contact the U.S. Coast Guard at (910) 815-4895, east. 108 to discuss operations and appropriate lighting, markers, etc. for all dredge equipment. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General Permit 198000291 (Action ID SAW-20.18-00588) issued 7/3/18. NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4144 and assigned the project DWR Project No. 13-1279 V4. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 264-3901 prior to the commencement of any such activity for this determination. 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. N Y w CoasrRI Management ENVIRPNMENTACQUALITY June 1, 2018 NC Wildlife Resources Commission Sara Schweitzer 1722 Mail Service Center Raleigh, NC 27699 Dear Dr. Schweitzer, ROY COOPER Govemr MICH'AEL S.:REGAN SeaCtoTY BRA'XTON C. DAVIS. Director This letter is in reference to your application for a Coastal Area Management Act Major Permit to undertake development activities to create a dredge spoil island for the purposes of bird habitat within Pamlico Sound, in Dare County. Although processing of the application is nearing completion, additional time is needed_ for this office to complete the review and make a decision on your request. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G.S. 113A-122(c) which would make August 16, 2018 the new deadline for reaching a decision on your request. However, we expect to take action prior to that time and will do so as soon as possible. In the interim, should you have any question on the status of your application, do not hesitate to contact me by phone (252-808-2808 ext. 215) or e-mail (gregg.bodnar@ncdenr.gov). Cc: DCM Washington Sincerely, Gregory W. Bodnar Assistant Major Permits Coordinator StateofNorthCarognal rnvhonmenWquagtylContarMamgement MareheadQy OfOce 1460CummermAvehue II Morehead-oty,NC28W 2528082808 DCM Coordinator: \ 1 A Z Permit #: DCM Field Offices Elizabeth City Morehead City Washington Wilmington US ACOE Offices: Washington: MAILING DISITRIBUTION SHEET 17Z2. Ha,( Srv;c (with revised work plan drawings) 54 c 1 rawe (( / 44, We �76ff Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) /bosh Peletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffans (NC'DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC EtOT-Remainder ECity/Washington District) Wihnington: Tyler Crumbley (Brunswick, New Hanover) Liz Hair (Carteret, Onslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Resources: Renee Gledhill -Earley Public Water Supply: Heidi Cox (WIRO) Clif Whitfield (WARD) / Marine Fisheries: Shane Staples Curt Weychert NC DOT: David Hams Shellfish Sanitation: Shannon Jenkins State Property: Tim Walton DEMLR/DWR: r Karen Higgins Washington: Anthony Scarbraugh-401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Robb Mairs — 401 (Carteret, Onslow, Pender) Chad Coburn — 401 (Brunswick, New Hanover) Georgette Scott - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: LPO: Fax Distribution: Maria Dunn (WARD) (NCDOT) Travis Wilson Permittee #: Agent# DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: North Carolina Wildlife Resources Commission County: Hyde---� LOCATION OF PROJECT: Inside Hatteras Inlet adjacent the east side of the inlet gorgel.2 miles northwest of Ocracoke Island in the Pamlico Sound, Dare County, North Carolina DATE APPLICATION RECEIVED COMPLETE BY FIELD: 19 March 2018 0 EC E IV r D FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: f� CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES MAR 2 S 2018 FIELD REPRESENTATIVE: Steve Trowell DISTRICT OFFICE: Washington DC M- M H D CITY DISTRICT MANAGER REVIEW: gc�/uil B) DATE RECEIVED BY MAJOR PERM UNIT: Y2810 FEE REC'D: $ 475.00 (60/40) PUBLIC NOTICE REC'D: 25 March 2018 END OF NOTICE DATE: 14 April 2018 ADJ. RIP. PROP NOTICES REC'D: DEED RECD: APPLICATION ASSIGNED TO: a ON: 3/2D1f B C) 75 DAY DEADLINE: 2 June 2018 150 DAY DEADLINE:Y'Arbs MAIL OUT DATE: STATE DUE DATE: 'rl,31/8 FEDERAL DUE DATE: FED COMMENTS RECD: PERMIT FINAL ACTION: ISSUE DENY DRAFT AGENCY DATE COMMENTS RETURNED OBJECTION S: YES NO NOTES Coastal Management - Regional Representative 3/ 4// / LL 4!5;,W ee i S Coastal Management - LUP Consistency Division of Community Assistance N Land Quality Section Division of Water Quality Storm Water Management (DWQ) K 1 umgRt State Property Office /q Division of Archives & History Division of Environmental Health Division of Highways Wildlife Resources Commission Q 16 // �H /�+a� 6--11 I Local Permit Office Division of Marine Fisheries j $ 11 ( Y" T N�oroloc7K Corps of Engineers -IN 1� 5 —0057815 ROY COOPER ( .oromur MICHAEL S. REGAN sem, ). Coastal Management ENVIRONN[NTA QUALITY DATE: 19 March 2018 To: Gregg Bodnar, Asst. Major Permit Coordinator, DCM FROM: Steve Trowell, DCM-<:'r THROUGH: Jonathan Howell, District Manager SUBJECT: NC WRC Major CAMA/Dredge and Fill permit application for "DOT Island" BRAXTON C. DAVIS Director Enclosed is a Major CAMA/Dredge and Fill permit application for"DOT Island submitted by Sara H. Schweitzer, Wildlife Diversity Biologist, Coastal Waterbirds, with the North Carolina Wildlife Resource Commission. DOT ISLAND is located just inside Hatteras inlet approximately 1.2 miles northwest of Ocracoke Island on the east side of the inlet gorge in Dare County, North Carolina. The purpose of this project is to provide an area for spoil deposition adjacent existing authorized federal and state navigational channels and to recreate upland habitat for colonial nesting waterbirds that has been lost to erosion. The material used to create the island will be pumped by hydraulic dredge during channel maintenance activities. The hydrological dynamics (tidal flow and ocean wave energy) of this project area ensures that impacts to submerged aquatic vegetation and shellfish are avoided. The erosion rates caused by the wave and tidal energy have increased as Hatteras Island recedes and the inlet widens exposing this area to ocean swells. This could prove problematic in establishing and maintaining an island with upland habitat. DCM staff in the Washington Regional Office has reviewed the application package in respect to the use standards found in Estuarine Waters (71-1.0206) and Public Trust Area (7H.0207 and 7H.0208) specifically 7H.0208(a)(3)(A) -(C) and 7H.0208(b)(2)(G). Baring any significant objections from the review agencies DCM Washington staff recommend issuance of the permit. In addition to those permit conditions for dredging with open water disposal, we recommend a permit condition that requires DCM approval of the "Discharge Plan" prior to mobilization of the dredge contractor as stated on Figure 5 in the application in the note section (No. 6) under °Discharge Plan". RECEIVED MAR 2 8 2018 !`NothingCompares-�-; DCM- MHD CITY Sor f whCmu..iE.. v.WQ..WICa.mwg.m..l 943 W.h.Sb Sqm MO I RS.6v,m NC 1780 2529" 6491 (:otr4tki iidtuto�/r'utrit+ 40gl tTY {RECEIVED MAR 2 6 2018 MP SECTION MHD Mr. Cliff Whitfield Public Water Supply Section NCDENR WARD FROM: Greg Bodnar Major Permits Processing Coordinator Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 23 March 2018 SUBJECT: CAMA Application Review APPLICANT: NC Wildlife Resources Commission ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director RECE1VE0/NCDENF1X%JVR MAR 2 3 2018 wate) QjagB y Waahlnsic>� F>�io:r.! Gii:e Respond to Greg Bodnar Morehead City Office PROJECT LOCATION: Project site is located inside Hatteras inlet adjacent the east side of the inlet gorge 1.2 miles northwest of Ocracoke Island in the Pamlico Sound, Dare County, North Carolina. PROPOSED PROJECT: Applicant proposes to fill an area (+24 acres) on an existing shoal to create a sandy upland island for colonial bird habitat using dredge spoil from maintenance of nearby navigational channels including those authorized by CAMA/Dredge and Fill permit no.129-16. Please indicate below your position or viewpoint on the proposed project and return this form by 13 April 2018. Please contact Steve Trowell at 252-948-3854, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the incorporated. See attached. This office objects to the comments. J Signed 7V`—wZ proposed project only if the recommended changes are proposed. project for reasons described, in the attached Date 3 � ON .'A e �''�1`.Ii3t:GtiYlC,J l.;i32Li)r•11't:3%�.-�. SuuofXath Cudin1 Emiwm 931Q'44n• CW1U%%1AM1*:mfl 9ij R'athirCion S aqua \hit . \Rthinl!on,\ C :7559 :5: 9a66aS1 �.uc!5e i!i iVl!(Ili1i/�'1!li •tip ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director MEMORANDUM RECEIVED Wk, 2 3 201U TO:. Mr. Shane Staples DCM-Flshodes Division of Coastal Management WARO 943 Washington Sq. Mall FROM: Greg Bodnar Respond to Greg Bodnar Major Permits Processing Coordinator Morehead City Office Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 23 March 2018 SUBJECT: CAMA Application Review APPLICANT: NC Wildlife Resources Co ion PROJECT LOCATION: Project site is located inside Hatteras Inlet adjacent the east side of the inlet gorge 1.2 miles northwest of Ocracoke Island in the Pamlico Sound, Dare County, North Carolina. PROPOSED PROJECT: Applicant proposes to fill an area (+24 acres) on an existing shoal to create a sandy upland island for colonial bird habitat using dredge spoil from maintenance of nearby navigational channels including those authorized by CAMA/Dredge and Fill permit no. 129-16. Please indicate below your position or viewpoint on the proposed project and return this form by 43 April 2018. Please contact Steve Trowell at 252-948-3854, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. This office has no comment on the proposed project. 1/ This office approves of the proposed project only if the recommended changes are - incorporated. See attached. This office objects to the proposed project for reasons described in the attached com a its Signed -� Date y/. V 6 S4A0:Nain Caeind En.ironrcuridl Q:$ib Cwm:\hnd„nvt 9431C4ihinzi*nSaue\fill WGdhin=ron.NCZ7689 =6:9466435 ROT COOPER NC daveenur MIOHAHL S. REGAN Secrawy BRAXTON 0—DAVIS MEMORANDUM: TO: Gregg Bodnar, Assistant Major Permits Coordinator FROM: Shane Staples, DCM Fisheries Resource Specialist SUBJECT: NCWRC "Bird Island" located in Hatteras Inlet DATE: 4/2/18 A North Carolina Division of Coastal Management (DCM) Fisheries Resource Specialist has reviewed the subject permit application for proposed actions that impact fish and fish habitats. The applicant proposes to recreate an upland habitat for nesting colonial birds using dredged material from nearby navigation channels including the "connector channels" that have received maintenance events recently under Major CAMA/Dredge and Fill permit no. 129-16. The project site was once an approximately 25 acres island that. has eroded to approximately 5-acres in size vegetated with a homogeneous stand of Spartina alterna,Jlora marsh surrounded by shallow waters averaging 2 feet in depth. The new area of fill for the proposed island will be 24 acres in size and be constructed using a hydraulic pipeline dredge to place spoil in the shallow shoal around the island to be shaped later using bulldozers. The spoil material will be contained using USACE methods for spoils control and turbidity curtain. Additionally, silt fencing may be used to keep spoil material from filling the existing Spartina alterna,Jlora marsh. After construction; the applicant proposes to partner with the NC Coastal Federation to plant marsh species and possibly cedars to help stabilize the island and provide habitat. Fisheries concerns related to the project include dredge and fill activities, potential impacts to SAV (submerged aquatic vegetation) habitats, and potential filling of intertidal marsh. Dredge and fill activity can cause general avoidance of habitat from noise and elevated turbidity levels, feeding (especially of juvenile fish) can be negatively affected by increased turbidity, and direct mortality can result from burial with dredge spoils or entrainment in the hydraulic dredge. Observing an April 1 to September 30 moratorium on dredge and fill activity will protect fish and shellfish that use the inlet as their spawning area, nursery area, or migration route from the ocean to the sounds. SAV habitats can potentially be directly filled or inadvertently filled by material being swept into those habitats by currents in the project area. This concern has been addressed as the area does not currently have SAV beds, there nearest being approximately 3000 feet away, and the use of turbidity curtain around the project area to contain sediments as described in the project application. The Spartina alternaflora marsh in intertidal areas provides shallow water habitat for fish and shellfish and the construction methodologies discussed in the project application satisfy fisheries concerns over the potential filling of marsh habitat. StatedNorthCaroba i rnvironmental Qualfty I Coastal Management wasliingtonerice i 943Washingban Square Mall ( WasMngton,North Carolina22a99 4SZD4&64s[ As project location, mapping of current habitats, and construction methodologies to be used satisfy fisheries concerns over potential negative impacts to SAV and marsh habitat DCM fisheries only additional comment to the project application will be to request a moratorium on dredge and fill activities from April 1 to September 30 to protect fish and shellfish species that utilize Hatteras Inlet as spawning and nursery grounds as well as a migration corridor. Contact Shane Staples at (252) 948-3950 or shane.staplesAncderingov with further questions or concerns. State ofNortkCwoana I Ewwo=ental.gitaay J Coastal Management Wh"gton Office J 943 WasNn9ton Square Mal I WasiangtumNortfi Can-Aw 27889 M 946,6481 ROY COOPER Governor MAR 1 6 2018 D MICHAEL SSRE� ry Coastal Management S ellfish Sanitation 8 �ec'eatiOnal ENVIRONMENTAL OVALITY Water Oualit a BRAXTON C. DAMS __ y Section Director MEMORANDUM TO: Mr. Shannon Jenkins NCDENR Division of Environmental Health FROM: Greg Bodnar Respond to Greg Bodnar Major Permits Processing Coordinator Morehead City Office Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 23 March 2018 SUBJECT: CAMA Application Review APPLICANT: NC Wildlife Resources Commission PROJECT LOCATION: Project site is located inside Hatteras Inlet adjacent the east side of the inlet gorge 1.2 miles northwest of Ocracoke Island in the Pamlico Sound, Dare County, North Carolina. PROPOSED PROJECT: Applicant proposes to fill an area (+24 acres) on an existing shoal to create a sandy upland island for colonial bird habitat using dredge spoil from maintenance of nearby navigational channels including those authorized by CAMA/Dredge and Fill permit no. 129-16. Please indicate below your position or viewpoint on the proposed project and return this form by 13 April 2018. Please contact Steve Trowell at 252-948-3854, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. Signec�a fOj�- 6hannon JeoV-inP Dat._AhgI F !''Nothing Compares S"*fX"Crdiea zft" MAIQaahO' cmmweuE.m«,i 913Waahim"3q nM3U W3IhMV=.\C2'889 :8:9166181 DECEIVED APR 0 5 2018 DCM- MHD CITY Coosteal manugerneat t WOPOI;i ',4fA.L QOAL1IY TO: MEMORANDUM Mr. Lee Padrick Division of Community Assistance ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director FROM: Greg Bodnar Respond to Greg. Bodnar Major, Permits Processing Coordinator Morehead City Office Coastal Management Division y 400 Commerce Avenue Morehead City NC 28557 DATE: 23 March 2018 SUBJECT: CAMA Application Review APPLICANT: NC Wildlife Resources Commission PROJECT LOCATION: Project site is located inside Hatteras Inlet adjacent the east side of the inlet gorge 1.2 miles northwest of Ocracoke Island in the Pamlico Sound, Dare. County, North Carolina. PROPOSED PROJECT: Applicant proposes to fill an area (+24 acres) on an existing shoal to create a sandy upland island for colonial bird habitat using dredge spoil from maintenance of nearby navigational channels including those authorized by CAMA/Dredge and Fill permit no.129-16. Please indicate below your position or viewpoint on the proposed project and return this form by 13 April 2018. Please contact Steve Trowell at 252-948-3854, if you have any questions regarding the proposed project. When, appropriate, in depth comments with supporting data are requested. REPLY �This office has no objection to the project as proposed. l/h This office has no comment on the proposed project. This office approves of the incorporated. See attached. This office objects to the comments. proposed project only if the recommended changes are proposed project for reasons described in the attached Date ,!�'— r,- —i e "'°'nothing Compares'..-," ._ Su:r afNaulcreL11,..nx5mr "J: Q'Jiikvi c<a1u3%Ixts;mert _':4:4ti51 Bodnar, Gregg From: Thorpe, Roger Sent: Monday, April 09, 2018 3:59 PM To: Bodnar, Gregg Subject: CAMA Major - NCWRC Creation of Bird Habitat Northwest of Ocracoke Island, Dare County Greg 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 roger.thorpe@ncdenr.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. Coastal Management ENVIRONMENTAL OUALITV TO: MEMORANDUM Ms. Charlan Owens District Planner Division of Coastal Management FROM: Greg Bodnar Major Permits Processing Coordinator Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 23 March 2018 SUBJECT: CAMA Application Review ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director Respond to Greg Bodnar Morehead City Office Ole IS APPLICANT: NC Wildlife Resources Commission PROJECT LOCATION: Project site is located inside Hatteras t adjacent the east side of the inlet gorge 1.2 miles northwest of Ocracoke Island in the Pamlico Sound, D ounty, North Carolina. PROPOSED PROJECT: Applicant proposes to fill an area (+24 acres) on an existing shoal to create a sandy upland island for colonial bird habitat using dredge spoil from maintenance of nearby navigational channels including those authorized by CAMA/Dredge and Fill permit no. 129-16. Please indicate below your position or viewpoint on the proposed project and return this form by 13 April 2018. Please contact Steve Trowell at 252-948-3854, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY 7�-- This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the incorporated. See attached. office o 'ects to the In Sign proposed project only if the recommended changes are proposed project for reasons described in the attached Date RECEIVED MAR 2 9 2018 Nothing Compare, StWef\om Cue:ea. Paaioem+sal QaaLH C-II NLIIINI m -1 IpCM- MH® CITY 9/3P'a+lmSaaeSynn SLtl waamama.NC."S39 252W6aS1 le t Coastal Management ENVIRONMENTAL QUALITY MEMORANDUM TO: Gregg Bodnar, Major Permits Processing Coordinator Division of Coastal Management FROM: Rachel Love-Adrick, District Planner ment Division of Coastal Manage SUBJECT: Major Permit request by NCWRC DATE: April 6, 2018 ROY COOPER Governor MICHAEL S. REGAN Semlary BRAXTON DAVIS Dimnor Consistency Determination: The request is consistent with/not in conflict with the 2008 Hyde County CAMA Core Land Use Plan certified by the CRC on March 27, 2008. Project Overview: The applicant is proposing to fill ± 24 acres on an existing shoal to create a sandy upland island for colonial bird habitat using dredge spoil from maintenance of nearby navigational channels including those authorized by CAMA/Dredge and Fill permit no. 129-16. The project site is located 1.2 miles NW of Ocracoke Island in the Pamlico County, Hyde County, North Carolina. There are no man-made structures onsite, however there are existing natural and dredge channels. The site contains ± 5-acres of homogenous stand of Spartina alterniflora marsh. The project is in the following Areas of Environmental Concern (AEC): Estuarine Waters (EW) and Public Trust Area (PTA). The area is designated as SA HQW by the Environmental Management Commission and Coastal Waters by the Marine Fisheries Commission. The site is not a Primary Nursery Area (PNA), and is open to shellfishing. There are no wetlands and no SAV. Anticipated impacts resulting from this project are expected to include the filling of ± 1,081,356 ft2 of non -vegetated wetlands (Pamlico Sound Bottom). Basis for Determination: The project site is in Hyde County and is subject to the 2008 Hyde County CAMA Core Land Use Plan. The Future Land Use Map (FLUM) does not include a designation for the project site. However, the island is identified as the "Hatteras Inlet Bird Nesting Islands" Significant Natural Heritage Area on Map 7 (pg. 80). Policies - Conservation P.34 All development should be designed to protect Protected Lands and Significant Natural Heritage Areas (see Maps 6 and 7, pages 77 and 80). State of North Carolina I Eaviroomental Quality I Coastal Management 400 Commerce Avenue I Morehead City, NC 28557 252-808-2808 1252-247-3330 (fax) Coastal Management ENVIRONMENTAL QUALITY TO: Mr. Tim Walton Director State Property Office RECEIVED MAR 2 6 2018 DOA STATE PROPERTY OFFICE MEMORANDUM FROM: Greg Bodnar Major Permits Processing Coordinator Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 23 March 2018 SUBJECT: CAMA Application Review APPLICANT: NC Wildlife Resources Commission ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director Respond to Greg Bodnar Morehead City Office PROJECT LOCATION: Project site is located inside Hatteras Inlet adjacent the east side of the inlet gorge 1.2 miles northwest of Ocracoke Island in the Pamlico Sound, Dare County, North Carolina. PROPOSED PROJECT: Applicant proposes to fill an area (+24 acres) on an existing shoal to create a sandy upland island for colonial bird habitat using dredge spoil from maintenance of nearby navigational channels including those authorized by CAMA/Dredge and Fill permit no. 129-16. Please indicate below your position or viewpoint on the proposed project and return this form by 13 April 2018. Please contact Steve Trowell at 252-948-3854, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY is office has no objection to the project as proposed. ✓ This office has no comment on the proposed project. This office approves of the incorporated. See attached. This office objects to the comments. Signed proposed project only if the recommended changes are proposed project for reasons described in the attached Date `/ 6 D -�'-'Nothing Compare, S"OfNareCudeu Pnii WSIQ$Ahw Cwu:\Lut W...w:! 943W"bif4"SEv1?1A11 w'aaivynn."'C,-SSS 2!2 94664I RECEIVED APR 0 9 2018 DCM- MHD CITY Coostol Management ENVIRONMENTAL QUALITY TO: MEMORANDUM Mrs. Maria Dunn NC Wildlife Resources Commission FROM: Greg Bodnar Major Permits Processing Coordinator Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 23 March 2018 SUBJECT: CAMA Application Review APPLICANT: NC Wildlife Resources Commission ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director Respond to Greg Bodnar Morehead City Office PROJECT LOCATION: Project site is located inside Hatteras Inlet adjacent the east side of the inlet gorge 1.2 miles northwest of Ocracoke Island in the Pamlico Sound, Dare County, North Carolina. PROPOSED PROJECT: Applicant proposes to fill an area (+24 acres) on an existing shoal to create a sandy upland island for colonial bird habitat using dredge spoil from maintenance of nearby navigational channels including those authorized by CAMA/Dredge and Fill permit no. 129-16. Please indicate below your position or viewpoint on the proposed project and return this form by 13 April 2018. Please contact Steve Trowell at 252-948-3854, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY _ZThis office has no objection to the project as proposed. This office has no comment on the proposed project. �is office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. Signed Date `f f 20(f Nothing Compares' raaaaf\*om CNdiu CnvmanrRal Qaauy Cmol Mlamr.1 9�l R'yhgaae rRaa•\tail R'a�hmr•en.�C :'499 2529466481 RECEIVED APR 12 2018 DCN1_ MHD CITY w ® North Carolina Wildlife Resources Commission 0 Gordon Myers, Executive Director MEMORANDUM TO: Gregg Bodnar Division of Coastal Management North Carolina Department of Environmental Quality FROM: David R. Cox, Supervisor (��Habitat Conservation Divi ion DATE: April 9, 2018 SUBJECT: CAMA Dredge/Fill Permit Application for North Carolina Wildlife Resources Commission, DOT Island, Dare County, North Carolina. Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit application with regard to impacts on fish and wildlife resources. The project site is located inside the Hatteras Inlet complex on the east side of the inlet gorge 1.2 miles northwest of Ocracoke Island in the Pamlico Sound, Dare County, NC. Our comments are provided in accordance with provisions of the Coastal Area Management Act (G.S. 113A-100 through I I3A-128), as amended, Sections 401 and 404 of the Clean Water Act, as amended, and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.). The applicant proposes to fill an area (+/- 24 acres) on an existing shoal to recreate a sandy upland island for colonial waterbird habitat using dredge spoil from maintenance activities of nearby navigational channels authorized by NC Division of Coastal Management Permit No. 129-16. The project site was once a 25-acre island comprised of dredged material that over time eroded back into the sound. To recreate the island, material from permitted navigation channels would be placed within the designated shoal / open water area by a hydraulic pipeline dredge on the southeast side of the remnant island. This methodology is proposed to avoid fill of coastal marsh on the island. Construction practices including silt fences, sediment booms, and plantings will be employed as appropriate to minimize impacts to natural resources. Submerged aquatic vegetation and shellfish surveys were conducted by the applicant to adequately describe the aquatic habitats impacted by the proposed project. The Pamlico Sound at this location is classified SA HQW by the Environmental Management Commission and is open to shellfish harvesting. o W The NC WRC supports the reconstruction of the 25-acre DOT Island. We believe the reestablishment of i this island will return nesting habitat for Species of Greatest Conservation Need in North Carolina. W Restoration of DOT Island and possible planting of cedars in the area where trees and shrubs have been � •. lost will provide new nesting sites for Forster's Terns (Sterna forsteri), Brown Pelicans (JDelecanus Mailing Address: Habitat Conservation Division • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919)707-0220 • Fax: (919)707-0028 ift DOT Island Comments April 9, 2018 occidentalis), Black -crowned Night Herons (Nycticorax nycticorax), Great Egrets (Ardea alba), Little Blue Herons (Egretta caerulea), Snowy Egrets (E. thula), Tri-colored Herons (E. tricolor), White Ibis (Eudocimus albus), and Glossy Ibis (Plegadis falcinellusl). Increasing the area of early successional, sandy habitat on DOT Island would also reduce the number of nesting gulls, such as Laughing Gull (Leucophaeus airicilla), Herring Gulls (Larus argentatus), and Great Black -backed Gulls (L. marinus), that are predators to managed waterbird species. In addition to habitat for nesting species, DOT Island would provide valuable habitat for birds during fall and spring migrations and winter months. Brown Pelicans use the site for roosting, and shorebirds such as Sanderlings (Calidris alba), Dunlin (C. alpine), Red Knots (C. canutus), and Western Sandpipers (C. mauri) feed and rest on the island. Restoring the island will continue its value during migration and winter months for these and other species. To minimize impacts to nesting waterbirds, placement of material on the established DOT Island should adhere to the April 1 — August 31 nesting shorebird moratorium. This coincides and does not conflict with the April 1 — September 30 fisheries moratorium for Permit No. 129-16 from which material would be received. Contact should be made with NCWRC biologists prior to the placement of material to insure impacts to nesting areas are avoided and material placement is done for the better management of waterbird habitat. We appreciate the opportunity to review and comment on this permit application. If you need further assistance or additional information, please contact me at (252) 948-3916 or at maria.dunn(a),ncwildl ife.org G`'ICA 00 OG�� ud446 Coosra I Monogcmcn r CNVIRORMCNTAL QUALITY TO: Received: 04/05/2018 State Historic Preservation Office MEMORANDUM Ms. Renee Gledhill -Early NC Department of Cultural Resources Archives & History Building FROM: Greg Bodnar Major Permits Processing Coordinator Coastal Management Division 400,Commerce Avenue Morehead City NC 28557 DATE:, 23 March 2018 SUBJECT: CAMA Application Review APPLICANT: NC Wildlife Resources Commission ROY COOPER Governor MICk&EL'S. REGAN Secretary BRAX_TON C.-DAVIS' Director GS 18'-0651 Respond to Greg Bodnar Morehead City Office Due -- K3/1'8. A-64(o L{-I de PROJECT LOCATION: Project site is located inside Hatteras Inlet adjacent -the east side ofthe 'Inlet gorge 1-.2 miles northwest ofOcrecoke Island in the Pamlico Sound, Dare County, North Carolina. PROPOSED PROJECT: Applicant proposes to fill an area (+24 acres) on an existing shoal to create a -sandy uplandisland for colonial bird habitat using dredge.spoil from maintenance of nearby navigational channels, including those authorized by CAMA/Dredge and Pill permit no. 129-16. Please indicate below your position or viewpointion the.proposed project and return this form. by. 13 April 2018. Please contact Steve Trowell at 252-948-3854, if you haye,any questions regarding the. proposedproject. When appropriate, in depth comments with supporting data are requested: REPLY This office has no objection to the project' as proposed. This:office has no comment. on the proposed'project. This office approves of the proposed project only if:the recommended changes are: incorporated. See attached. This office objects to the proposed project for reasons described, in the attached, comments. Signed Date <i •l3 i� RECEIVED APR 1 7 2018 MP SECTION MHD ^� Nothing Compares_-_ Sul,ol::aAC:IGm: �r,.i.roenrL Q,i�y :Gala: Jlar�:em.ra 513%v"hir'n.5;' 'Nui,it�l,tY1:±M1.�C:�9t� APR 0' 6 2098` -Coastal Management '[NVINONNENTAL QUALITY MEMORANDUM TO:. Mr. Anthony Scarbraugh DWR Water Quality Programs 943 Washington Regional Office R_ OY COOPER. Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director FROM: Greg Bodnar Respond to Greg Bodnar Major Permits Processing Coordinator Morehead City Office Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: '23 March 2018 SUBJECT: LAMA Application Review APPLICANT: NC Wildlife Resources Commission PROJECT LOCATION: Project site is located'inside Hatteras Inlet adjacent theeastside, of the inlet gorge 1.2 miles northwest of Ocracoke Island in the Pamlico Sound; Dare County, North Carolina. PROPOSED PROJECT: Applicant proposes to fill an area (+224 acres) on an existing,shoal to create asandy upland island for colonial bird habitat using dredge spoil from maintenance of nearby navigational channels including those authorized by CAMA/Dredge and Fill permit no. 12946. Please indicate below your position or viewpoint -on the proposed project :and return this form by 13 April 2018. Please contact. Steve Trowell at.252-948 3854, if you have any questions regarding the proposed project. When appropriate, in depth comments with.supporting data are requested. REPLY its office has no objection,to,the project as proposed. This office has no comment:on the proposed project. `This office approves of the incorporated. See attached. This office objects to the proposed project only if the recommended changes are proposed project for reasons described in the attached mments. Signed Date RECEVEDINCDEN ID�N' MAR 2 3 ols Nothing Compares_'_�_ WatFf(7U2libJ1109101)el Sut,o:\plhC+rdimfEmimmmrW gp�iatinas Ssr..:ion Qu¢:iy Ccm W \larattmmt 9sJ \\'a,hir¢;cn Spwu dill } \\'a whintxn,� C :7359. Washillc,7ton F¢glcnel C(G,ce ;529t66s31 Water Resources M Environmental Quality May 14, 2018 North Carolina Wildlife Resources Commission Attn: Ms. Sara Schweitzer 1722 Mail Service Center Raleigh, NC 27699-1722 ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Interim Director DWR # 13-1279 V4 DARE County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Hatteras Inlet— DOT Island Restoration and Maintenance Project Dear Ms. Schweitzer: You have our approval for the impacts listed below for the purpose described in your application dated March 23, 2018 and received by the Division of Water Resources (Division) on March 26, 2018. These impacts are covered by the attached Water Quality General Certification Number4144 and the conditions listed below. This certification is associated with the use of CAMA Major Permit and General Permit(s) 198000291 issued by the US Army Corps of Engineers (USACE). This Certification allows you to use the CAMA Major Permit when the Division of Coastal Management issues it. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification are met. No other impacts are approved, including incidental impacts. [15A NCAC 02B .0506(b)(c)) Type of Impact Amount Approved Amount Plan location/ (units) Reduced (units) Reference Permanent Temporary Attached Open Water OW-1 (Dredge Spoil to Create 24.8 (acres) 0 (acres) Sheet No (s): 3, 4 Upland Island) and 6 2. Water Quality Certification The proposed project must comply with all the conditions of the General Water Quality Certifications) 4144. [15A NCAC 02B .0507(c)] State of North Carolina I. Environmental Quality I Water Reaource§-Water Quality Regional Operations Section -Washington Regional Office 943 Washington Square Map; Washington, North Carolina 21889 252-946-6481 I-1 'DWR#t 134279 V4 401APPROVAL Page 2 of 3 3. No impacts to SAVs are authorized by this certification. [15A NCAC 07H .0208(b)] Continuing Compliance 4, Turbiditv5tandard The Permittee shall adhere to Title 15A NCAC 02B .0221 Tidal Salt Water Quality for SA Waters and the water quality standards applicable to Class SC and SB'waters as described in Rule,M and Rule .0222,'including but not limited to: (g) pH: shall be normal waters for the waters in the area;.whichgenerally shall range between 6.8 and 8.5 except that swamp watersmay haven pH as low as 4.311' it is the result of natural conditions; [15A NCAC 02B .0220(g)], (1) 'Turbidity:• the turbidity in the receiving waters shall not exceed 25 NTU; if turbidity exceeds this level due to natural background conditions, the existing turbidity level shall not be increased. Compliance with this turbiditystandard can, be met when land management activities employ Best Management Practices (BMPs) [as, defined by Rule .0202'of-this Section]. BMPs must be in full compliance with all specifications governing the proper design, installation, operation and maintenance of such BMPs; [15A NCAC 02B .0226(1)] Other Conditions 5. This approval and its conditions are final and binding unless contested. [G.S.143-215.5] These Certifications can be contested as provided in Articles 3 and of General Statute 150E by filing a written petition for an: administrative hearing to the"Office of Administrative Hearings (hereby.known as OAH). A petition form may be obtained from the OAH at http://www.ncoah.com or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty`(60) calendar days, of receipt of this notice, a petition must be filed with the OAH. A petition Is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 4313100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH, within five (5) business days following the faxed transmission. Mailing address for the OAH; If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc.);. Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 DWR# 13-1279 V4 401 APPROVAL Page, 3 of 3 One (1) copy of the petition must also be served to DEQ: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC27699-1601 This letter completes the review of the Division under section 401 of the Clean Water Rules. Please contact, Anthony Scarbraugh at 252-948-3924 or anthonv.scarbrauehCa ncdenr.gov if you have any questions or concerns. Sincerely, -01 Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ Enclosures: GC4144 Certification of Completion cc: Gregg Bodnar, DCM Morehead City Office (via email) Steve Trowell, DCM WAD (via email) Josh Pelletier, USACE Washington Regulatory Field Office (via email) Laserfiche File July 3, 2018 Regulatory Division Action ID No. SAW-2018-00588 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Huggett: Reference the application of the North Carolina Wildlife Resources Commission to construct a dredge spoil disposal island by filling approximately 20 acres of an existing shoal to create a sandy upland island for colonial bird habitat within Hatteras Inlet, Dare County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. All work authorized by this permit must be performed in strict compliance with the attached plans and supporting documentation submitted on March 26, 2018 , which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 2. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal, relocation, or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit N CS261, 1315 E West HWY- RM 7316, Silver Spring, MD 20910- 3282 at least two weeks prior to beginning work and upon completion of work. 3. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 4. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 5. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 6. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the , permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 7. The permittee shall advise the Corps in writing at least two weeks prior to beginning did' work authorized by this permit and again upon completion of the work authorized by this permit. 8. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 9. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). 10. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that I� the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 11. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. 12. In order to protect threatened and endangered species no filling activities, including mobilization and demobilization, shall occur between March 1 and October 31 of any year without prior notification to the Corps of Engineers Regulatory Division in coordination with the appropriate resource agencies. Questions or comments may be addressed to Mr. Josh Pelletier, Washington Field Office, Regulatory Division, telephone (910) 251-4605. Copies Furnished: Mr. Ian McMillan North Carolina Division of Water Quality 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Fritz Rhode National Marine Fisheries Service Habitat Conservation Service Sincerely, Josh Pelletier Regulatory Project Manager II 101 Pivers Island Road Beaufort, North Carolina 28516 Mr. Jeffrey Garnett Wetlands and Marine Regulatory Section Water Protection Division -Region IV U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Jonathan Howell, District Manager Washington Field Office North Carolina Division of Coastal Management Bodnar, Gregg From: Pelletier, Josh R CIV CESAW CESAD (US) <Josh.R.Pelletier@usace.army.mil> Sent: Tuesday, July 03, 2018 10:12 AM To: Bodnar, Gregg Subject: [External] WRC Island CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to Report Spa m.<mailto:repo rt.spam@nc.gov> Hey Greg, Just a quick note. I am wrapping up the WRC Island on my end. Although their application mentions them using material dredged from the Hatteras Connector Channel, I have not received anything from Dare County to modify that permit for their authorization to use that disposal method. So this permit will not state that at all. Just FYI. Let me know if you have any questions! 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: http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0 Thank you for taking the time to visit this site and complete the survey. DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: North Carolina Wildlife Resource Commission 2. LOCATION OF PROJECT SITE: The proposed project area ("DOT Island") is located inside Hatteras Inlet adjacent the east side of the inlet gorge 1.2 miles northwest of Ocracoke Island in the Pamlico Sound, Dare County, North Carolina. Latitude and Longitude: 35°12' 14.84"N and 75°45"45.35"W 3. INVESTIGATION TYPE: CAMA/Dredge and Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 20 September 2017 Was Applicant Present - No PROCESSING PROCEDURE: Application Received —19 March 2018 Office - Washington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Dare County Land Classification - Conservation (Water) (B) AEC(s) Involved: EW, PTA (D) Water Dependent: Yes (D) Intended Use: Public (E) Wastewater Treatment: Existing — N/A Planned - N/A (F) Type of Structures: Existing — Natural and dredged channel(s). Planned — Dredge spoil island for colonial nesting birds (G) Estimated Annual Rate of Erosion: N/A. 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B) Non -Vegetated Wetlands Variable/Unknown t1,081,356 ftz Pamlico Sound Bottom (C) Other (Uplands) (D) Total Area Disturbed: 1,081,356 ftz (24 acres) (E) Primary Nursery Area: No (F) Water Classification: SA HQW Open: Yes 8. PROJECT SUMMARY: The applicant proposes to fill an area (t24 acres) on an existing shoal to create a sandy upland island for colonial bird habitat using dredge spoil from maintenance of nearby navigational channels including those authorized by CAMA/Dredge and Fill permit no. 129-16.RECEIVED MAR 2 8.2018 DCM- MHD CITY CJ ftc North Carolina Wildlife Resources Commission DOT Island Restoration Pamlico Sound/Hatteras Inlet �C/� MAR28 Z80/® Dare County M/y® Project Setting C/Ti' The project site is located on the east side of the Hatteras Inlet gorge just inside of the inlet in Dare County near Hatteras Village, North Carolina. The project site was once a t25-acre island comprised of both upland and Coastal Wetland marsh habitat reported to be a result of spoil deposition from nearby navigation channels. This island was an important nesting and roosting area for colonial nesting waterbirds. As the west end of Hatteras inlet has receded and Hatteras inlet has widened, this island has become increasingly subject to ocean generated wave action. Erosion overtime especially in the last ten years has eliminated the upland habitat on the island and all that remains is a t5-acre homogenous stand of Spartina alterniflora marsh. The Spartina alterniflora marsh is growing on a dark organic peat at or slightly above, the normal water level (NWL). The southeast facing shoreline is directly affected by ocean swells which deposit sand from the adjacent sandy shoal onto the marsh during storm events. This sand is continually shaped and relocated interior on the island depending of the strength of the storm and associated tide levels. Tide levels at this site have are effected more by wind tides than lunar tides every 6 hours. Northwest winds generate the highest wind tides on average at this location. Pieces of the marsh peat break off and are scattered around the island. The nearshore area adjacent the island on the southeast side is a generally shallow sandy shoal, less than 2' deep. A channel with direct connection to the inlet gorge interacts with the island on the northwest side. Because of the islands proximity to the inlet and inlet gorge, tidal currents are concentrated with strong velocity flow around the island. The wave and tidal energy in this area and resultant shifting sandy shoals are too dynamic to support the pioneering and growth of submerged aquatic vegetation and shellfish, although SAV is located 3,000 to 4,000 feet from this proposed island.. This area of Pamlico Sound near Hatteras Inlet is designated as SA HQW by the Environmental Management Commission, Coastal Waters by the Marine Fisheries Commission and is open to shellfishing. Project Description The applicant proposes to recreate the upland habitat for nesting colonial birds using dredged sand from nearby navigational channels including the "connector channels" that have received maintenance events recently under Major CAMA/Dredge and Fill permit no.129-16. A hydraulic pipeline dredge will pump sand onto the shoal on the southeast side of the island. The "control -of -effluent" method developed by the US Army Corps of Engineers will be utilized to create one or more "domes" not to exceed 15' in height. Once enough sand has been put in place a bulldozer will be barged to the site to manipulate and shape the sandy dome. The southeast facing shoreline will have the flattest slope at 30':1'. All other slopes are not to exceed a slope North Carolina Wildlife Resources Commission DOT Island Restoration Pamlico Sound/Hatteras Inlet Dare County Page Two greater than 3':1'. The discharge will be controlled to prevent the discharge of spoils onto the existing marsh island. If necessary, silt fence along with a berm will be used to direct and prevent sediments from entering the Spartina alterniflora marsh. The applicant also proposes to employ a sediment boom around the area receiving dredge spoils. The applicant commits to a "Discharge Plan" to be developed by the dredging contractor based on the contractor's capabilities to be approved "by the agencies" prior to the dredge event. The applicant proposes to partner with the North Carolina Coastal Federation to plant Spartina spp. and possibly cedars along the southeast facing shoreline. The amount of sand received during a dredging event will be based on the amount necessary to reach authorized channel dimensions. The applicant reports that it will take 569,454 cubic yards of sand to build the island to 25 acres (20 acres proposed plus 5 acres existing). Project Impacts The project as proposed will result in the filling of shallow sandy shoal habitat in an inlet complex subject to strong tidal currents and ocean swells. The deposition of dredged sand will increase the amount of sediment in transport in the adjacent aquatic habitats and the associated impacts. If successful in recreating upland habitat, the project will provide nesting and roosting habitat for colonial nesting birds. Steve Trowell — Washington Regional Office —14 March 2018 RECEIVED MAR 2 S 2018 DCM- MHD CITY RECEIVED Narrative for the Restoration of DOT Island MAR 19 2018 Submitted by [)CM -WARD Sara H. Schweitzer, Ph.D., Wildlife Diversity Biologist, N.C. Wildlife Resources Commission The overall purpose of this project is to restore manmade habitat that colonial -nesting waterbirds (terns, skimmers, pelicans, herons, egrets, ibis) used for nesting and roosting since 1977 (Parnell and Soots 1979; Tables 1 and 2). This key waterbird habitat has been lost due to erosion over the last 30 years. Specifically, objectives are to: iV E D RECE • Restore unvegetated, upland, sandy habitat; • Maintain Spartina wetlands; • Enhance habitat for shore- and colonial -nesting waterbirds. MAR 2 8 2018 CM- MHD Because DOT Island was created either in the late 1960s or early 1970s from dredged sandy material, over the decades, Spartina marsh, small creeks, and shallow -water habitats have established. The proposed placement of dredged material on the island would not impact these sensitive habitats. However, intertidal habitat and shallow water / shoal habitats on the east-southeast (ESE) side of the island will be impacted. The latter habitat types will be replaced by sandy upland habitat, sloping gently (30:1) toward the ESE side of the island. The lower swale of the slope will be new intertidal habitat and will be colonized by polychaetes, small clams (e.g., Donax spp.), and other benthic macroinvertebrates >1 year after construction. Hence, there will be only a temporary loss of the benthic community in the intertidal and shallow water habitats. The following will provide information about the island, importance of this habitat for multiple waterbird species, benefits and possible detriments of the project, and proposed methodology. Location DOT Island is within the Pamlico Sound (35.203955,-75.762512) and approximately 0.5 mile from the Hatteras Ferry Channel at Hatteras Inlet (Figs. 1, 2). Shoals and shallow water border the northeast and east sides of the island. General Site Features DOT Island was used as a nesting site by Black Skimmers (Rhynchops niger) and several tern species from the late 1970s to mid-1980s (Table 1). The island was created in the late 1960s or early 1970s on subtidal sandy shoals with material dredged from the Hatteras Ferry Channel; however, no documents could be found to verify its original construction date and specifications. Parnell and Soots (1979:142) described it as a large island (12-25 ac [5-10 ha]) that received fresh dredged material "almost constantly." Parnell and Shields (1990) described the island as having, in 1983, two high domes (>49 ft or 15 m) on the eastern side that sloped gradually to the northern and western edges. In 1988, vegetation on the island included scattered clumps of sea oats (Uniola paniculata) on the high domes, to cordgrass (Spartina alterniora, S. patens), seaside pennywort (Hydrocotyle bonariensis), dog - fennel (Eupatorium spp.), and seashore elder (Iva imbricata) on the lower slopes and swales (Parnell and Shields 1990). By 1988, early -successional, beach -nesting species (Black Skimmers and all terns but CITY MAR 19 Z018 2 DCM-WARO Forster's Terns [Sterna forsteri]) ceased nesting on the island. It is likely that because the percentage of the island covered by vegetation increased greatly, early successional, beach -nesting species stopped using the island. In response to increased vegetation cover, numbers of nesting pairs of Laughing Gulls (Larus atricilla) on DOT Island were significant (Table 2), and there continued to be>1,000 pairs of Laughing Gulls nesting on DOT Island through 1990; thereafter, few Laughing Gulls have nested on DOT Island (see Table 2, 2007 and 2017). Forster's Terns continued to nest on wrack within marsh grasses through 2004, and again in 2017. Species nesting on DOT Island from 2001 to 2017, have included egrets, herons, ibis, gulls, and Brown Pelicans (Pelecanus occidentalis) — species that select shrubs, small trees, and thick grasses. Therefore, vegetation on DOT Island has gone through successional stages of bare sandy ground to thick grasses, shrubs, and small trees, and the island size has decreased significantly. Tropical storms, hurricanes, and nor'easters affect the size, shape, and land composition of DOT Island (Fig. 3). Hurricane Matthew, in October 2016, resulted in accretion of narrow stretches of sand along the northern and eastern sides of DOT Island, and in June 2017, Common Terns (Sterna hirundo) and Black Skimmers nested on sandy, raised areas in small numbers. This quick use of sandy habitat demonstrates the colonizing nature of these species and the need for nesting habitat in this area of the Pamlico Sound. A survey of DOT Island on 14 and 15 January 2014 (Schweitzer and Abraham, NCWRC), determined the area at high tide to be 7 ac (3 ha) and 17.5 ac (7.1 ha) at low tide. Most (5.8 ac or 2.3 ha) of the island above high tide is vegetated by Spartina alterniora with tidal streams through it. There is a small area of sandy upland at high tide. Substrate of the intertidal area (I I ac or 4 ha) is unvegetated sand, likely eroded from the domes present in the 1970s and 1980s. The intertidal and shallow -water areas are on northeastern to eastern sides of the island. A small number of dead trees remained ogl��ffi Odge of the island through 2015, on the small upland, sandy area. This latter area is where , erons $d Brown Pelicans have nested. During surveys in 2017 by NCDOT, NCWRC, and NC C�s t;l� �ation staff, changes in size (5 ac or 2 ha) and configuration of the island were noted, and duWimpacts to t4 island from storm events, its shape and size will continue to change. Pa Site Drainage Features OC`v,I Because the deposited material will be beach grade sand and shell, little material is expected to flow off - site. This coarse material is also less susceptible to erosion from storm runoff. No culverts or ditches will be constructed. Colonial -nesting waterbirds prefer a gentle slope toward the water where young birds can gather in creches and be fed easily, and this gentle slope (30:1) will also reduce erosion. Erosion Control Measures and Discussion of Vegetation The person responsible for erosion control measures is Sara H. Schweitzer, NCWRC, Wildlife Diversity Biologist, Coastal Waterbirds Investigations and Management Project, 252-639-8435. Because the primary purpose of restoring the site is to support nesting populations of terns, skimmers, and shorebirds, there will be no vegetation planted on the island where dredged material is deposited. Terns, skimmers, and shorebirds need bare sand and shell for nesting and any vegetation will hinder nesting efforts. On the southern shoreline, however, NCWRC proposes to work with NC Coastal Federation to plant Spartina sp. and possibly, cedar saplings, to reduce erosion and provide nesting habitat for egrets, herons, and pelicans. DOT Island is in an area of naturally accreted shoals (Figs. 1, 2, 3); thus, placement of dredged sand -shell material on the shoals ESE of the island will increase the probability of material staying where placed (Fig. 4). It is proposed that placement of material use the control -of -effluent method developed by the Wilmington District Corps of Engineers and used for >10 years successfully (Golder et al. 2008). Small temporary berms will be created with a bulldozer to protect the Spartina marsh. If deemed necessary, silt RECEIVED MAR 19 2018 fencing will be used to provide further protection to the Spartina marsh and a turbidity curtain will reduce movement of any sediments in the water column (Fig. 5). New sand fr� gs would be discharged in the center of the fill area in a manner to protect existing marshh abitats. The outflow pipe will direct material into the footprint to be developed into a sandy dome. The dome will be created with gentle slopes (30:1) toward the ESE shoreline. A bulldozer (Fig. 5) on site will be used to move the outflow pipe as needed to direct the flow of material and create the dome. After dredged material is deposited, the bulldozer will be used to grade the dome and ensure the slope toward the ESE shoreline is 30:1, and no slope is greater than 3:1 (Golder et al. 2008). The height of domes should be <15 ft (:55 in; Landin 1986). Total size of the island should be :525 ac (:510 ha). The larger an island, the greater the probability of its colonization by mammals that prey on ground -nesting birds (Landin 1986). The sandy intertidal area of DOT Island (mostly ENE side of island) is —I 1 ac (4 hac; 14-15 January 2014, measured at low tide; Schweitzer and Abraham, NCWRC, unpublished data; NCDOT, D. H. Stallings, survey, 2016; Fig. 2). Shallow (18-48 in [45-122 cm ]) water over sandy shoals is ESE of the intertidal area, and that area (approximately 20 ac; 8 ha) would be covered with dredged sandy material to restore the size of the island to its size in the 1980s (25 ac [10 ha]). Therefore, total fill area would be about 20 ac (8 ha) (Fig. 4). Construction Schedule Restoration of the island will depend on funding available to the Wilmington District Corps of Engineers, N.C. DOT, and/or Dare County to maintain the Connector Channel and Hatteras -to -Hatteras Channel in the Hatteras Inlet project area (Fig. 2). All dredge work will adhere to any moratoris within permit conditions, with no material being placed on the established island during April 1 — August 31 of any year to avoid impacts to nesting birds. Before dredged material is deposited, a silt fence will be installed to protect wetland vegetation from harm (Fig. 6). During deposition of sand, as the island grows above mean high tide, a bulldozer will be barged to the site and used to push sand and contour the material to create a gentle slope for the island (Fig. 5). The bulldozer will also be used to create a temporary berm to retard suspended silt so it will settle before water enters the Pamlico Sound (Fig. 6). The area surrounding DOT Island is dynamic and shoals move frequently. However, on the western side of DOT Island, there is a natural channel (Fig. 5; Hatteras -to -Hatteras Inlet Gorge) that leads to Hatteras Inlet. This channel can be used to approach DOT Island from the South with a barge to transport equipment to it and align the dredge pipeline. This approach will not cross SAV, shellfish, or other sensitive areas. Due to the dynamic nature of the area, navigation to DOT Island will need to be mapped and planned prior to work, and may differ from what is proposed here. Justification and Benefits Several species that nested on DOT Island through 1985 are Species of Greatest Conservation Need, N.C. Special Concern Species, N.C. Endangered, and/or N.C. Threatened Species (Table 1; NCWRC 2015). These species require early successional, unvegetated sandy areas for nesting. Much of the natural barrier island beach habitat in North Carolina has been impacted by commercial and residential development, increased populations of mammalian predators, and is used intensively for recreation. These species have begun to use manmade habitats including islands constructed from dredged material. The loss of habitat on DOT Island has removed previously -available nesting habitat. The North Carolina Colonial Waterbird Management Plan (Parnell and Shields 1990) calls for maintenance of suitable nesting habitat for species that have nested in the coastal region historically. Therefore, restoration of DOT Island will return nesting habitat for Species of Greatest Conservation Need in North Cgolin& c�ea�iMabloe probability of increasing their nesting population size. CC �1 VV CCVV MAR 2 8 2018 DCM- MHD CITY RECEIVED MAR 19 Zola a The increase in coverage of DOT Island by Spartina marsh, small trees, ande#Milllfesting on the island by Forster's Terns (Table 1), Brown Pelicans (Table 2), Black -crowned Night Herons (Nycticorax nycticorax), Great Egrets (Ardea alba), Little Blue Herons (Egretta caerulea), Snowy Egrets (E. thula), Tri-colored Herons (E. tricolor), White Ibis (Eudocimus albus), and Glossy Ibis (Plegadis falcinellus) (Table 3). The species dependent on small trees and shrubs are adversely affected by recent erosion and loss of nesting substrate (Schweitzer, NCWRC, unpublished data). Restoration of DOT Island and possible planting of cedars in the area where trees and shrubs have been lost will provide new nesting sites for these species. Thousands of Laughing Gulls nested on DOT Island through the 1980s, and more recently, Herring Gulls (Larus argentatus) and Great Black -backed Gulls (L. marinus) nest here. The large -bodied gulls are predators on many other avian species, including several Species of Greatest Conservation Need in North Carolina. Increasing the area of early successional, sandy habitat on DOT Island will likely reduce the number of nesting gulls. In addition to habitat for nesting species, DOT Island provides valuable habitat for birds during fall and spring migrations, and in winter. Brown Pelicans use the site for roosting, and shorebirds (e.g., Sanderlings [Calidris alba], Dunlin [C. alpina], Red Knots [C. canutus], Western Sandpipers [C. mauraf]) feed and rest on the island. Restoring the island will continue its value during migration and winter for these and other species. DOT Island has been posted against trespass for nesting waterbirds annually and has been included in the Coastwide Colonial Waterbird Survey since the late 1970s. It will continue to be managed and surveyed by NCWRC after restoration and the response of birds to the restoration will be monitored. DOT Island is approximately 0.5 mi from the middle of Hatteras Inlet and the Hatteras Inlet Ferry Channel, while the only other possible site on which to dispose dredged material (Cora June Island) is 2.8 mi from this location (Fig. 2). Because sands from the inlet frequently fill the Connector Channel and Hatteras -to -Hatteras Channel, emergency side -cast dredging and diversion of the ferry route often are necessary. Having DOT Island available as a deposition site will increase the possibility of dredging the channel efficiently and less expensively than using Cora June Island, a greater distance away. Further, Cora June Island received dredged sand from Rollinson and Hatteras Ferry Channels in fall and winter 2013, it will likely receive dredged sand in winter 2018 or 2019, and it has nearly reached its maximum permitted area and height. Therefore, Cora June Island will not be available as a disposal site for much material in the near future. Placing dredged sandy material on DOT Island will not incur additional dredging activity or expenses, but will be incorporated into ongoing plans to keep the Connector and Hatteras -to -Hatteras Channels navigable. The regular maintenance of these channels will provide a continued source of sandy material for DOT Island and will be used to maintain early -successional habitat for Species of Greatest Conservation Need. Although DOT Island is posted against trespass above mean high water from 1 April — 31 August to protect nesting birds from disturbance, from I September — 30 March, the island is available to recreationists. The island is used by duck hunters, boaters, bird watchers, and anglers, and thus, provides many opportunities to the public for recreation. Restoring the size of the island will increase these opportunities and ensure the island is not lost completely to erosion. Overall, environmental impacts will be minimized and temporary while benefits from the restoration of DOT Island will be numerous. Literature Cited Golder, W., D.H. Allen, S. Cameron, and T. Wilder. 2008. Dredged material as a tool for management of tern and skimmer nesting habitat. ERDC TN-DOER-E24. Vicksburg, MS: U.S. Army Engineer Waterway Experiment Station. Landin, M.C. 1986. Building, developing, and managing dredged material islands for bird habitat. EEDP Technical Notes Collection. EEDP-07-1. Vicksburg, MS: U.S. Army Engineer Waterway Experiment Station. [NCWRC] North Carolina Wildlife Resources Commission. 2015. North Carolina Wildlife Action Plan. Raleigh, NC. Parnell, J.F., and M.A. Shields. 1990. Management of North Carolina's Colonial Waterbirds. UNC Sea Grant Publication Number UNC-SG-90-03. Parnell, J.F., and R.F. Soots. 1979. Atlas of colonial waterbirds of North Carolina estuaries. North Carolina Sea Grant Publication UNC-SG-78-10, Raleigh, North Carolina. RECEIVED MAR 19 Z018 DCM-WARO RECEIVED MAR 2 8 2018 DCM- MHD CITY r Table 1. Numbers of pairs of nesting terns and skimmers on DOT Island, North Carolina. Data are from vears during which full survevs of North Carolina's colonial -nesting waterhirds were conducted- Gull - Black Common billed Least Royal Sandwich Forster's Year Skimmer" Tern',' Tern'" Tern',' Tern' Tern' Tern' 1977 119 490 36 313 0 0 136 1983 40 84 7 0 2021 238 116 1985 75 80 6 0 0 0 5 1988 0 0 0 0 0 0 44 1989 0 0 0 0 0 0 58 1990 0 0 0 0 0 0 45 2001 0 0 0 0 0 0 33 2004 0 1 0 0 0 0 35 2007 0 0 0 0 0 0 0 2011 0 0 0 0 0 0 0 2014 0 0 0 0 0 0 0 2017 9 28 0 0 0 0 100 'Species of Greatest Conservation Need (N.C. Wildlife Action Plan 2015) 2State status, Special Concern 'State status, Endangered °State Status, Threatened Table 2. Numbers of pairs of Brown Pelicans and gulls on DOT Island, North Carolina. Data are from years during which full surveys of North Carolina's colonial -nesting waterbirds were conducted. Great Black - Brown Herring backed Laughing Year Pelican' Gull' Gull' Gull 1977 0 0 0 5 1983 0 0 0 2685 1985 0 0 0 2700 1988 0 0 0 3518 1989 0 0 0 1369 1990 0 0 0 1369 2001 0 5 55 0 2004 357 31 3 0 2007 345 14 4 4 2011 926 4 39 0 2014 280 11 5 0 2017 0 7 1 66 'Species of Greatest Conservation Need (N.C. Wildlife Action Plan 2015) \AeCe\v SD MPF 19 2018 DGM W PRO 7 Table 3. Numbers of pairs of wading birds and ibis on DOT Island, North Carolina. Data are from years during which full surveys of North Carolina's colonial -nesting waterbirds were conducted. Black - crowned Little Tri- Night Cattle Great Blue Snowy colored White Glossy Year Heron' Egret Egret Heron',', Egret',' Heron',' Ibis' Ibis',' 1977 0 0 0 0 0 0 0 0 1983 0 0 0 0 0 0 0 0 1985 0 0 0 0 0 0 0 0 1988 0 0 0 0 0 0 0 0 1989 0 0 0 0 12 0 0 0 1990 0 0 0 0 0 0 0 0 2001 14 0 90 109 11 24 137 33 2004 36 0 123 70 39 32 74 19 2007 8 6 10 4 1 1 *64 4 2011 8 16 69 0 0 0 12 0 2014 0 0 53 0 0 0 0 0 2017 0 0 8 0 0 0 0 0 'Species of Greatest Conservation Need (N.C. Wildlife Action Plan 2015) 'State status, Special Concern RECEIVED MAR 19 2018 DCM-WARO RECEIVED ►S : 1 DCNl- MHD CITY IICI.\IT} A1,11, STATE OF NORTH CAROL IN:1 N.r. DOT ISLAND i DA.T.ISLAND REPLENISHMENT LOCATION: HATTERAS I.S7FT AR67 OF TIlE PAMLICO .SOUND TYPE OF n'ORK: REPLENISHING OF ISLAND TO RESTORE IUBITAT HA778RA3"'� 1! FOR VARIOUS SPECIES OF COLONUL-NESTING BIRDS DOCK �\ Cr TO MAINTAIN EXISTING SPARTINA METLANDS� - lAMrlCO SOUIm .. 59 PROJECT AREA HATTERAS INLET v �o C F- m ' O ni 0 rxQWr ommumrm mf1MG RIAM� ! KJB ISOSD!® fLL MfA M .SC16 =a R010ffD NfA 25 Kll6 DIIISl0.N OF IUGHWAYS 5, N. KIm'E Uk T. D. D H STI INGS 0 Figure 1. Location of DOT Island / project area, Hatteras Inlet, Hatteras Island, and Ocracoke Island within the barrier islands of the Outer Banks, North Carolina. Figure 2. Historical shorelines of Hatteras and Ocracoke Islands (2002-2012) at Hatteras Inlet DOT and Cora June Islands were created from material dredged from navigation channels in the inlet management area, including the Connector Channel and Hatteras -to -Hatteras Inlet Channel. Original figure from NCDOT (2016). n Y. m RECEIVED rn MAC? 2 8 2018 D o < m DCrV]- MHD CITY Figure 3. Changes in shape and size of DOT Island over time (1996 [blue], 2002 [green], 2006 [yellow], 2010 [orangel, 2016 [red]). r-- --- T� —1.. I S/L rAEMCEAMAZ NOTES USE WINE A MINT" OF SE'IN WIDTH ANO WITH S NINI" OF S LINE WIRES WITH IZ' STAY WMIN). ME FILTER FABRIC A MINI" OF 98" IN WIDTH MO FASTEN MEOWTELY TO THE WERE M DIRECTED BY THE ENGINEER. FNWIOE 5'.0' STEEL PWT OF THE SELF -FASTENER ANGLE STEEL TYPE. CONTMCEOR SHALL UTILIZE SILT FENCE TO ENSURE W EFFLUENT IS DEPOSITED INTO EXISTING MARSH AREA OF O.O.T. I L WRING THE REPLENISHMENT PROJECT. SILT FENDS LOCATION NY vMY SLIGHTLY FROM DISCHARGE PLAN WE TO G HGINO FIELD CODITIONS. - IF SSNX. WITH VIEVE IS' WVL WITHWT WIRE).__ - WIDOLF AND YEIRICAL VERSUS DIAL.L ME IGIE w WZN. FILTER FM COFAOTED SWTE im OF C AND, GORE MISS 11111004 i s®r 0 H7 / MINE FILTER FAMP IC Figure 6. Details of silt fence to be installed to protect existing marsh from placement of dredged material in project footprint. 13 a 0 12 D/90114RGEPL4N / PAMLICO SOUND f r,T �'�i�iwiwcw��iuc"i. r`�io`u..•o .wn.,, WMI08MMIII'1 I� �••wa.cw.a.cm,ro....o HERNA ...enniw rKu.nnrK�eW:a'.". o"". on A�9.iw'YRi.4o.wWrEW .o..„a. r r O ' WMeuAA CROSS SECTION VIEW wawa k �[M INDOISCRARGE) ENDVEw `•,` r'\ rusanARv aE�eI UEML \ .e.r.eworr vs WPM PAMLICO SOUND W W W W Figure 5. Proposed plan for discharge of dredged material within original footprint of DOT Island. Cross sections show the discharge pipe placing dredged material into fill area. Material will build a dome area that can later be approached by a barge to unload equipment to manipulate the island. Approach to the project area will be done to avoid sensitive habitats and according to wind and tide conditions. Turbidity curtains would be used as necessary to contain the material within the project area. o- » TEMPORARY BERM DETAIL EXMnx MI NDAI.EA: kDAORE! VRD ED EkL ARE.t'.].a ACRES TOTAL FlIO D+ ;]0AC PAILICO WIND .n� 0 a o. msoxos �aF �.•x..- .cav '1 0 "r 0W.m A, �w •�� » » •• » » xy 1» CROSS SECTION A A C 0 B • -` amaene T- • w CROSS SECTION 9&B- v 1 /mom 1l �/ D O� O M Figure 4. Proposed placement of dredged material within original footprint of DOT Island. Cross sections show proposed slopes and temporary berms. Material will be discharged from the discharge pipe into the center of the 20-acre rill area, in a manner to protect existing marsh habitats. Turbidity curtains and berms would be used, if needed, to contain material within the project area. A temporary silt fence will be installed to provide further protection to marsh vegetation. Dom MP-1 RECEIVED APPLICATION for MAR 19 2018 Major Development Permit DCM-WARD (last revised 12127/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ LandownerInformation Business Name Project Name (if applicable) North Carolina Wildlife Resources Commission DOT Island Restoration & Maintenance Project Applicant 1: First Name MI Last Name Sara H Schweitzer Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City ate 1722 Mail Service Center Raleigh 7NtC ZIP Country Phone No. FAX No. 276991722 USA 252-639-8435 wd. 919-733.2176 Street Address (if different from above) City State ZIP Raleigh �NC 27699- Email sara.schweitzer@ncwildlife.org 2. AgentlContractor Information Business Name Agent/ Contractor 1: First Name MI Last Name Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State ZIP Phone No. 1 - - ext. Phone No. 2 - - eM. FAX No. Contractor # Street Address (if different from above) City State ZIP Email FAi..-wren.. -- <Form continues on back> MAR 2 8.2018 252-808-2808 .. 1-888-4RCOAST .. www.nccoastalmalYa JYA;", t'ne Form DCM MP-1 (Page 2 of 5) APPLICATPN for Major Development Permit Q W W U 3. Project Location County (can be multiple) Street Address State Rd. # Dare We n/a Subdivision Name City State Zip Hatteras NC 27943 - Phone No. Lot No.(s) (if many, afach additional page with list) - We - ext. a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Pasquotank 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 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. "r3vvs 4. Site Description R 19 zz� a. Total length of shoreline on the tract (ft.) 2,026 ft b. Size of entire tract (sq.ft.) 217,800 sq. ft. ARO W c. Size of individual lot(s) d. Approximate elevation of tract above (normal high water) or n/a NWL (normal water level) (If many lot sizes, please attach additional page with a list) 1 ft ❑NHW or ®NWL e. Vegetation on tract Spartina alternflora f. Man-made features and uses now on tract No structures on tract; use is for waterbird nesting (NCWRC conservation lands); some winter recreation g. Identify and describe the existing land uses adiecent to the proposed project site. The site is an island; therefore, there are no adjacent lands on which there are uses. h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? State property (Attach zoning compliance certificate, if applicable) []Yes ❑No ®NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ®NA IUes, byItom? I. J�the prJXsed project located in a National Registered Historic District or does it involve a ❑Yes ®No ❑NA .44ation94�Pgister listed or eligible property? <Form continues on next page> 252-808-2808 :. 1-888-4RCOAST :: www.nccoastaimanagement.net Form DGM MP-1 (Page 3 of 5) APPLICATION for RECEIVED Major Development Perm it MAR 19 2018 m. (i) Are there wetlands on the site? ®Yes ❑No `• (ii) Are there coastal wetlands on the site? DCM-WARO ®Yes ON, VP (Ili) If yes to either (i) or (ii) above, has a delineation been conducted? CP ®Yes ❑No O (Attach documentation, if available) n. Describe existing wastewater treatment facilities. 0 N/A o RECEIVED o. Describe existing drinking water supply source. MAR 19 2018 N/A p. Describe existing storm water management or treatment systems. D M-,nI /t pAR O N/A Y 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial NPublic/Government ❑Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The restored island will provide nesting, foraging, and resting habitats for migratory and resident shore-, sea-, and wading birds. The island was made from dredged sandy material and has been important bird habitat since the early 1970s; however, significant area has eroded and been lost. Once restored, the island will again provide significant habitats for birds and will be posted during the bird nesting season (April 1 - August 31). The island will be open to recreationists from September 1 - March 30. Therefore, the island will provide much benefit to the public and public resources. 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. Replenishment of beach -quality, medium to coarse -grained sand and shell to the island will be accomplished from normal, maintenance dredging from Permit #129-16 or other permitted projects in the Hatteras Inlet complex. All dredge material would adhere to any moratoria within permit conditions, with no material being placed on the established island during April 1 - August 31 of any year to avoid impacts to nesting birds. Dredged sand -shell material will be placed in approved areas using control -of -effluent through a pipeline from a hydraulic dredge. Dredged material will be >90% sand and free of pollutants. No navigation channels will be impacted. If needed, a bulldozer will be used to contour deposited sand. Construction equipment will be stored on site. d. List all development activities you propose. The development of the site is to create an island for nesting, foragaing and resting habitats for shore-, sea-, and wading birds.. e. Are the proposed activities maintenance of an existing project, new work, or both? Maintenance and restoration f. What is the approximate total disturbed land area resulting from the proposed project? 20 ❑Sq.Ft or ®Acres g. Will the proposed project encroach on any public easement, public accessway or other area Dyes ®No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. Dredged sand -shell material will be discharged from the pipeline of a hydraulic dredge onto sandy -bottom / shallow -water areas. This area was upland through the late 1980s; however, erosion from storms and normal wave activity reduced the area above mean high water. Sands from the island have dispersed into nearby waters over the last —30 years. No material will be discharged into vegetated (emergent or submerged aquatic vegetation) wetlands; only into shallow -water area with a sandy bottom. I. Will wastewater or stormwater be discharged into a wetland? ❑Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ❑NA 252-808-2808 .. 1-888-4RCOAST .. www. nccoastal management. net Form DCM MP-1 (Page 4 of 5) APPLICATION for Major Development Permit j. Is there any mitigation proposed? [--]Yes ®No ❑NA If yes, attach a mitigation proposal. RECEIVED <Form continues on back> MAR 19 2018 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in orderM`{�M� package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult I a1ld8tion instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and 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. f. 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 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 permit numbers, permittee, and issuing dates. h. Signed consultant or agent authorization form, if applicable. I. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. 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. 1 7. Certification and Permission to Enter on Land I I understand that any permit issued in response to this application will allow only the The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, 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 ertify tha(,tFje information provided in this applicatio ' juthf I't he b st nowledge. Date Print Name Signature Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts 252. 808. 2808 .. 1.888.4RCOAST .. www. nccoastaf management. net Form RCM MP-1 (Page 5 of 5) APPLICATION for Major Development Permit ❑DCM MP-3 Upland Development ❑DCM MP-4 Structures Information RECEIVED MAR 19 2018 DCM-WARO RECEIVED MAR 2 8.2018 DCM_ M"D CITY 252-808-2808 :: 1.888-4RCOAST :: www.nccoastalmanagement.net Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) RECEIVED MAR 2 8 2018 DCM- MHD CITY 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 Other Channel (NLW or Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater (excluding shoreline NWL) stabilization Length 929' Width 1164' Avg. Existing NA NA Depth Final Project Depth NA NA 1. EXCAVATION ❑This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. Sand -shell material from channels Variable - depends on #129-16 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 other wetlands (WL)? If any boxes are checked, provide the RECEIVED t G number of square feet affected. ❑CW ❑SAV ❑SB MAR 19 2018 OWL ®None (ii) Describe the purpose of the excavation in these areas: NIA DCM-WARD 2. DISPOSAL OF EXCAVATED MATERIAL ❑This section not applicable a. Location of disposal area. b. Dimensions of disposal area. DOT Island (35.203955,-75.762512) 929' by1164' c. (i) Do you claim title to disposal area? d. (i) Will a disposal area be available for future maintenance? ®Yes ❑No ❑NA ®Yes ❑No ❑NA (ii) If no, attach a letter granting permission from the owner. (III If yes, where? on same island e. (i) Does the disposal area include any coastal wetlands/marsh f. (i) Does the disposal include any area in the water? (CW), submerged aquatic vegetation (SAV), shell bottom (SB), ®Yes ❑No ❑NA or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. n If affected? ()es, how much water area is a y ❑CW ❑SAV ❑SB 871,200 sq ft.(20 acres) OWL ®None (ii) Describe the purpose of disposal in these areas: To create bird nesting habitat in footprint of dredged -material island originally created in the late 1960s or early 1970s. 252-808.2808 :: 1.888-4RCOAST :: www.nccoastaimanagement.net revised: 12/26/06 Form DCM MP-2 (Excavation and Fill, Page 2 of 3) . :., ❑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: f. (i) Has there been shoreline erosion during preceding 12 months? ❑Yes ❑No DNA (ii) If yes, state amount of erosion and source of erosion amount information. g. Number of square feet of fill to be placed below water level. h. Type of fill material. AEC Bulkhead backfill Riprap Breakwater/Sill Other i. Source of fill material. PJkO DCM'W 4, OTHER FILL ACTNITIES ❑This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ®Yes ❑No El NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW), If yes, (ii) Amount of material to be placed in the water 569,454 cv (ii) Dimensions of fill area 20 acres (iv) Purpose of fill To replenish eroded area of island that is significantly important to nesting birds, including terns, Black Skimmers, Brown Pelicans, egrets, herons, ibis, and shorebirds. During winter and migration, the island has been an important resting and foraging site for shorebirds (including the Piping Plover, Red Knot, sandpipers), terns, and Brown Pelicans. 5. GENERAL a. How will excavated or fill material be kept on site and erosion b. controlled? Will use control of effluent method; will establish a silt curtain, silt fence, and berms to further control movement of sandy materials and finer -grained materials. Side slopes of the island would be no greater than 3:1 with 30:1 on the ESE side c. (i) Will navigational aids be required as a result of the project? d. ❑Yes ®No DNA (ii) If yes, explain what type and how they will be implemented. submerged aquatic vegetation (5AV), shell bottom (5B), 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: N/A What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? Hydraulic dredge with pipeline will build island. As island builds, a bulldozer will be barged to the site to manipulate the sediment to the appropriate parameters. Navigation to the site would be done following the deepest water to avoid shoals and other habitats. (1) Will wetlands be crossed in transporting equipment to project site? ❑Yes ®No DNA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. 252.808.2808 :: 1-888-4RCOAST :: www.nccoastaimanAgement.net revised: 12/26/06 Date DOT Island Restoration & Maintenance Project Name Kyle Briggs, NCWRC APPlicani��/ `— Applicant 86ature RECEIVED MAR 19 2018 DCM W ARO RECEIVED MAR 2 8.2018 DCM- MHD CITY 252-808-2808 :: 1-888-4RCOAST :: www_nccoastaimgnt net revised: 12/26/06n Coastal Management ENVIRONMENTAL QUALITY NC Wildlife Resource Commission c/o Sara Schweitzer 1722 Mail Service Center Raleigh, NC 27699 Dear Ms. Schweitzer: July 11, 2018 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that another qualified party may submit an objection to the issuance of this permit within twenty (20) days. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance requires additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Enclosure Sincerely, Douglas V. Huggett Major Permits Manager N.C. Division of Coastal Management State of North Carolina I Environmental Quality l Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, NC 28557 252.808 2808 ESSENTIAL FISH HABITAT ASSESSMENT FOR THE DOT ISLAND RESTORATION & MAINTENANCE PROJECT DARE COUNTY, NORTH CAROLINA Prepared for: North Carolina Department of Environmental Quality Prepared by: Waterbird Investigations and Management Project Wildlife Diversity Program Wildlife Management Division N.C. Wildlife Resources Commission Submitted to: The National Marine Fisheries Service Submitted by: N.C. Wildlife Resources Commission February 2018 RECMED MAR 2 8 2018 DCM- MHD CITY RECEIVED MAR 0 9 2018 DCM-WARD � , f AV Table of Contents PROPOSEDPROJECT.........................................................................................................................I 1.1 Project Location................................................................................................................................I 1.1.1 Location History and General Features........................................................................................2 1.2 Scoping and Permitting/Consultation History ..................................................................................5 1.2.1 Interagency Scoping Meeting....................................................................................................5 1.3 Historical Actions from within the Hatteras Inlet Management Area ..............................................6 1.3.1 Rollinson Channel Maintenance, USACE.................................................................................6 1.3.2 NC DOT Ferry Division Channel Maintenance........................................................................7 1.4 The Purpose and Need of the Applicant...........................................................................................7 DESCRIPTION OF ALTERNATIVES..................................................................................................8 2.1 Alternative #1: No Action................................................................................................................8 2.2 Alternative #2: Applicant's Preferred Alternative - Restoration of DOT Island using material dredged from adjacent channels during permitted maintenance operations ..............................................8 2.2.1 Dredging Activities....................................................................................................................9 2.2.2 Disposal of Material on DOT Island.........................................................................................9 2.2.3 Sediment Characteristics.........................................................................................................12 ESSENTIAL FISH HABITAT DESIGNATION..................................................................................13 3.1 Fishery Management......................................................................................................................13 3.2 Habitat Areas of Particular Concern...............................................................................................15 3.3 Nursery Areas.................................................................................................................................15 3.4 Significant Natural Heritage Areas.................................................................................................16 PROJECT IMPACT ASSESSMENT....................................................................................................17 4.1 Essential Fish Habitat.....................................................................................................................17 4.1.1 Estuarine Emergent Wetlands..................................................................................................17 4.1.2 Oyster Reefs and Shell Banks..................................................................................................17 4.1.3 Intertidal Flats..........................................................................................................................18 4.1.4 Submerged Aquatic Vegetation...............................................................................................18 4.1.5 Estuarine and Marine Water Columns.....................................................................................20 4.1.6 Shallow Sand and Mud Bottom...............................................................................................21 4.2 Managed Species............................................................................................................................21 4.2.1 Coastal Migratory Pelagics......................................................................................................22 4.2.2 Highly Migratory Species........................................................................................................22 4.2.3 Snapper Grouper Complex......................................................................................................23 4.2.4 Shrimp......................................................................................................................................24 4.2.5 Summer Flounder, Scup, and Black Sea Bass.........................................................................24 4.2.6 Red Drum (Sciaenops ocellatus).............................................................................................25 4.2.7 Bluefish (Pomatomus saltatrix)...............................................................................................26 4.2.8 Spiny Dogfish (Squalus acanthias)..........................................................................................27 4.3 Managed Species Effects Determination........................................................................................27 CONSERVATION MEASURES..........................................................................................................27 5.1 Construction Practices....................................................................................................................28 5.1.1 Determination of Fill Area for Island Restoration...................................................................28 5.1.2 Erosion Control Measures and Discussion of Vegetation..........................................................29 5.2 Project Justification & Benefits.........................................................................................................29 SUMMARY...........................................................................................................................................31 REFERENCES.................................................................... RECEIV5D ......................31 RECEIVED MAR 2 82018 MAR 0 9 2018 DCM- MHD CITY DCM-WARD List of Figures Figure 1. Location of DOT Island / project area, Hatteras Inlet, Hatteras Island, and Ocracoke Island within the barrier islands of the Outer Banks, North Carolina ....................................... 1 Figure 2. Historical shorelines of Hatteras and Ocracoke Islands (2002-2012) at Hatteras Inlet. DOT and Cora June Islands were created from material dredged from navigation channels in the inlet management area, including the Connector Channel and Hatteras -to -Hatteras Inlet Channel. Original figure from NCDOT(2016).......................................................................................... 2 Figure 3. Changes in shape and size of DOT Island over time (1996 [blue], 2002 [green], 2006 [yellow], 2010 [orange], 2016 [red]).................................................................................................... 3 Figure 4. Four colonial waterbird species nested on DOT Island in 2017. Black Skimmers and Common Terns had not nested on DOT Island since 1985. The change in configuration of, and accreted sand on the island due to storms before spring 2017, immediately attracted these beach -nesting birds, demonstrating their ability and need to quickly colonize sandy, undisturbed habitat....... 4 Figure 5. Survey transects (by foot and boat) from which site was examined for presence of Submerged Aquatic Vegetation and shellfish. Surveys were conducted on July 15, 2016 and June 22, 2017 ....................................................................................................................................................... 6 Figure 6. DOT Island footprint with area proposed to be filled with dredged material from channels, and former of DOT Island before erosion of sand to shoals. Proposed fill area is not exactly within prior footprint to avoid impacts to natural channel, water column, and SAV ............................. 10 Figure 7. Proposed plan for discharge of dredged material within original footprint of DOT Island. Cross sections show discharge pipe and temporary berm detail. Berms and a turbidity curtain will preclude silt and other sediments from entering waters and will contain dredged materials in project area without overflow into waters or vegetation. Equipment landing and staging area is shown on northern shoreline. A bulldozer will be used to move material as it is deposited in projectarea.................................................................................................................. 11 Figure 8. Locations of vibracores taken in 2003 by the U.S. Army Corps of Engineers to determine soil composition in channels of the Hatteras Inlet management area. Mapping completed for Dare County's Hatteras Inlet Channel Maintenance Project proposal and Environmental Assessment, 2016............................................................................................................................. 12 Figure 9. Fish nursery areas closest to Hatteras Inlet management area (Action Area). Figure from Dare County's Hatteras Inlet Channel Maintenance Project proposal and Environmental Assessment, 2016............................................................................................................................. 16 Figure 10. Submerged Aquatic Vegetation near the Action Area, or area where navigation channels are dredged within Hatteras Inlet management area. No SAY was detected in project area.......... 20 Figure 11. Details of silt fence to be installed to protect existing marsh from placement of dredged materialin project footprint..................................................................................... 28 RECEIVED MAR 2 8 2018 ®CM- MHD CITY RECEIVED MAR 0 9 2018 DCM-WARD List of Tables Table 1. Numbers of pairs of nesting terns and skimmers on DOT Island, North Carolina. Data are from years during which full surveys of North Carolina's colonial -nesting waterbirdswere conducted............................................................................................... 4 Table 2. Numbers of pairs of nesting herons, egrets, ibis, pelicans, and gulls on DOT Island, North Carolina. Data are from years during which full surveys of North Carolina's colonial -nesting waterbirds were conducted..................................................................... 5 Table 3. Essential Fish Habitat identified in FMP Amendments of the South Atlantic and Mid - Atlantic FMC's (NMFS, 2010)....................................................................................... 14 Table 4. Geographically defined HAPC identified in FMP Amendments affecting the South Atlantic area (NMFS, 2010)............................................................................................ 15 Table 5. Highly Migratory Species and their life stage that may occur in marine waters in vicinity of the Action Area, including Hatteras Inlet, designated as Essential Fish Habitat. (Young of Year (YOY), Juvenile (J), Adult (A)) .............................................. 23 RECEIVED MAR 2 8.2018 DCM- MHD CITY RECEIVED MAR 0 9 2018 iii DCM-WARO List of Acronyms ATCA Atlantic Tunas Convention Act ASMFC Atlantic States Marine Fisheries Commission EEZ Exclusive Economic Zone EFH Essential Fish Habitat HAPC Habitat Areas of Particular Concern HMS Highly Migratory Species FMC Fishery Management Council FMP Fishery Management Plan MAFMC Mid -Atlantic Fisheries Management Council MSFCMA Magnuson -Stevens Fishery Conservation and Management Act NEFMC North East Fisheries Management Council NCDOT North Carolina Department of Transportation NCDMF North Carolina Division of Marine Fisheries NCMFC North Carolina Marine Fisheries Commission NCNHP North Carolina Natural Heritage Program NCWRC North Carolina Wildlife Resources Commission NMFS National Marine Fisheries Service OCS Outer Continental Shelf PNA Primary Nursery Areas SAFMC South Atlantic Fisheries Management Council SNA Secondary Nursery Areas USACE U.S. Army Corps of Engineers iv RECEIVED MAR 2 8,2018 DCM- MHD CITY RECEIVED MAR 0 9 2018 DCM-WARO 1 PROPOSED PROJECT 1.1 Project Location DOT Island is within the Hatteras Inlet management area (Fig. 1). Hatteras Inlet straddles the boundary between Hyde and Dare counties within the Outer Banks of North Carolina. The inlet, separating Hatteras Island to the east and Ocracoke Island to the west, is a conduit between the Atlantic Ocean and Pamlico Sound. The Inlet is used by commercial and recreational vessels as well as the U.S. Coast Guard. The inlet has widened from 0.5-mile wide in 1993 to approximately 2 miles wide due to erosion of the southwest end of Hatteras Island. No bridges cross the inlet but a fleet of ferries owned by the North Carolina Department of Transportation (NCDOT) connects NC Highway 12 between the two islands and provides passage to passengers and vehicles. The main channel providing access to the inlet from Ocracoke Island is referred to as the Connector Channel. The channel running from the southwestern tip of Hatteras Island extending to the inlet gorge is known as the Hatteras -to -Hatteras Inlet Channel (Fig. 2). The entire area north and northwest of the inlet is characterized by sandy shoals and DOT Island lies within this area of the Pamlico Sound (35.203955,-75.762512), about 0.5 mile from the Hatteras -to -Hatteras Inlet Channel (Fig. 2). Shoals and shallow water border the northeast and east sides of the island. PAMLICO SOUND STATE? OP NORTH CAROLINA NC WILDLIFE RESOURCES COMMISSION D.O.T ISLAND REPLENISHMENT /A(.STKW. RAM.11 IVFI AR, I uI I'll ISi IlIJCO 10l 6I1 RRPIF.NISHING OF ISLAND TO RESTORF. HARITAT PON I'ARIOOS SPECIES OF COLO.VIA"LSTING BIRDS & TO A"I.NTAI.N EXISTING SPARTTN.1 NETUA'DS PROJECT AREA ILITTERAS INU _. Y.Y. oo� iswuo 1 HATTbRAS "'YI'1` DOCK ll FMACT dlbWAnO..'. DII7SION OF HHJ/R'WES �. .mH u�Rnaouo uulfe�m 1 ��. � C i Figure 1. Location of DOT Island / project area, Hatteras Inlet, Hatteras Island, and Ocracoke Island within the barrier islands of the Outer Banks, North Carolina. RECEIVED RECEIVED MAR 2 8.2018 MAR 0 9 2018 DCM- MHD CITY DCM-WARO F. m Ap Figure 2. Historical shorelines of Hatteras and Ocracoke Islands (2002-2012) at Hatteras Inlet. DOT and Cora June Islands were created from material dredged from navigation channels in the inlet management area, including the Connector Channel and Hatteras -to -Hatteras Inlet Channel. Original figure from NCDOT (2016). 1.1.1 Location History and General Features DOT Island was used as a nesting site by Black Skimmers (Rhynchops niger) and several tern species from the late 1970s to mid-1980s (Table 1). The island was created in the late 1960s or early 1970s on subtidal sandy shoals with material dredged from the Connector and Hatteras -to -Hatteras Channels; however, no documents could be found to verify its original construction date and specifications. Parnell and Soots (1979:142) described it as a large island (12-25 ac [5-10 ha ]) that received fresh dredged material "almost constantly." Parnell and Shields (1990) described the island as having, in 1983, two high domes (>_49 ft or 15 m) on the eastern side that sloped gradually to the northern and western edges. In 1988, vegetation on the island included scattered clumps of sea oats (Uniola paniculata) on the high domes, to cordgrass (Spartina alternii fora, S. patens), seaside pennywort (Hydrocotyle bonariensis), dog - fennel (Eupatorium spp.), and seashore elder (Iva imbricata) on the lower slopes and swales (Parnell and Shields 1990). By 1988, early -successional, beach -nesting species (Black Skimmers and all terns but Forster's Terns [Sterna forsteri]) ceased nesting on the island. It is likely that because the percentage of the island covered by vegetation increased greatly, early successional, beach -nesting species stopped using the island. In response to increased vegetation cover, numbers of nesting pairs of Laughing Gulls (Larus atricilla) on DOT Island were significant (Table 2), and there continued to be >1,000 pairs of Laughing Gulls nesting on DOT Island through 1990; thereafter, few Laughing Gulls have nested on DOT Island (see Table 2, 2007 and 2017). Forster's Terns continued to nest on wrack within marsh grasses through 2004, and again in 2017. Species nesting on DOT Island from 2001 to 2017, have included egrets, herons, ibis, gulls, and Brown Pelicans (Pelecanus occidentalis) — species that select shrubs, small trees, and thick grasses. Therefore, vegetation on DOT Island has gone through successional stages of bare sandy ground to thick grasses, shrubs, and small trees, and the island size has decreased sigru storms, hurricanes, and nor'easters affect the size, shape, and land composition of DOT ssaan tgV .Hurricane z MAR 0 9 2018 DCM-WARD Matthew, in October 2016, resulted in accretion of narrow stretches of sand along the northern and eastern sides of DOT Island, and in June 2017, Common Terns (Sterna hirundo) and Black Skimmers nested on sandy, raised areas in small numbers (Fig. 4). This quick use of sandy habitat demonstrates the colonizing nature of these species and the need for undisturbed nesting habitat in this area of the Pamlico Sound. A survey of DOT Island on 14 and 15 January 2014 (Schweitzer and Abraham, NCWRC), determined the area at high tide to be 7 ac (3 ha) and 17.5 ac (7.1 ha) at low tide. Most (5.8 ac or 2.3 ha) of the island above high tide is vegetated by Spartina alterniflora with tidal streams through it. There is a small area of sandy upland at high tide. Substrate of the intertidal area (I I ac or 4 ha) is unvegetated sand, likely eroded from the domes present in the 1970s and 1980s. The intertidal and shallow -water areas are on the northeastern, eastern, and southeastern sides of the island. A small number of dead trees remained on the southern edge of the island in 2014, but this area had eroded away by 2017. This latter area is where egrets, herons, and Brown Pelicans used to nest. During surveys in 2017 by NCDOT, NCWRC, and NC Coastal Federation staff, changes in configuration of the island were noted, and due to impacts to the island from storm events, its shape and size will continue to change (e.g., Fig. 3). Figure 3. Changes in shape and size of DOT Island over time (1996 [blue], 2002 [green], 2006 [yellow], 2010 [orange], 2016 [red]). RECEIVED RECEIVED Mkt 2 8 2018 MAR 0 9 2018 DCM- MHD CITY DCM-WARO Figure 4. Four colonial waterbird species nested on DOT Island in 2017. Black Skimmers and Common Terns had not nested on DOT Island since 1985. The change in configuration of, and accreted sand on the island due to storms before spring 2017, immediately attracted these beach -nesting birds, demonstrating their ability and need to quickly colonize sandy, undisturbed habitat. Table 1. Numbers of pairs of nesting terns and skimmers on DOT Island, North Carolina. Data are from years during which full surveys of North Carolina's colonial -nesting waterbirds were conducted. Year Black Common Gull -billed Least Royal Sandwich Forster's Skimmer',' Tern" Tern',' Tern',' Tern' Tern' Tern' 1977 119 490 36 313 0 0 136 1983 40 84 7 0 2021 238 116 1985 75 80 6 0 0 0 5 1988 0 0 0 0 0 0 44 1989 0 0 0 0 0 0 58 1990 0 0 0 0 0 0 45 2001 0 0 0 0 0 0 33 2004 0 1 0 0 0 0 35 2007 0 0 0 0 0 0 0 2011 0 0 0 0 0 0 0 2014 0 0 0 0 0 0 0 2017 9 28 0 0 0 0 100 'Species of Greatest Conservation Need (N.C. Wildlife Action Plan 2015) 2State status, Special Concern RECEIVED RECEIVED 'State status, Endangered °state status, Threatened MAR 2 8 2018 MAR 0 9 2018 4 DCM- MHD CITY DCM-WARD Table 2. Numbers of pairs of nesting herons, egrets, ibis, pelicans, and gulls on DOT Island, North Carolina. Data are from yeah during which full surveys of North Carolina's colonial -nesting waterbirds were conducted. Black Great Crowned Black- Laugh- Little Tri- Night Brown Glossy backed Great Herring ing Blue Snowy colored White Year Heron' Pelican' Ibis'' Gull' Egret Gull' Gull Heron12 Egret" Heron'' Ibis' 1977 0 0 0 0 0 0 5 0 0 0 0 1983 0 0 0 0 0 0 2685 0 0 0 0 1985 0 0 0 0 0 0 2700 0 0 0 0 1988 0 0 0 0 0 0 3518 0 0 0 0 1989 0 0 0 0 0 0 1369 3 12 9 0 1990 0 0 0 0 0 0 1369 0 0 0 0 2001 14 0 33 55 90 5 0 109 11 24 137 2004 36 357 19 3 123 31 4 70 39 32 74 2007 8 345 4 4 10 14 0 4 1 1 64 2011 8 926 0 39 69 4 0 0 0 0 12 2014 0 280 0 5 53 11 0 0 0 0 0 2017 0 0 0 1 8 7 66 0 0 0 0 'Species of Greatest Conservation Need (N.C. Wildlife Action Plan 2State status, Special Concern 1.2 Scoping and Permitting/Consultation History 1.2.1 Interagency Scoping Meeting An interagency scoping meeting for the proposed restoration of DOT Island project was held at the Department of Environmental Quality (DEQ) in Washington, NC at 2:00 p.m. on April 25, 2012. Attendees included representatives from federal and state resource agencies (U.S. Army Corps of Engineers (USACE), National Marine Fisheries Service (NMFS), North Carolina Division of Marine Fisheries (DMF), North Carolina Division of Coastal Management (DCM), North Carolina Department of Transportation's Ferry Division (NCDOT), and the North Carolina Wildlife Resources Commission (NCWRC)). The meeting's primary objective was to bring agency representatives together to present the scope of the proposed project and to develop an agreed upon permitting approach, including the necessary environmental documentation. It was agreed that the project would necessitate a Major Development Permit (DCM) and Essential Fish Habitat assessment. On July 13, 2016, NCDOT Ferry Division called a meeting at the DEQ in Washington, NC at 1:30 p.m. to discuss engineering drawings of the project with NCWRC. NCDOT invited representatives from NCWRC, USACE (Navigation and Regulatory), and DCM Fisheries. In addition to discussing the design of the island, the purpose of the project was outlined. Primary purposes are to provide important bird nesting habitat and to provide a beneficial location for deposition of dredged material from Connector, Hatteras -to - Hatteras Inlet, and Rollinson Channels. Further, USACE (Navigation) noted the location of the restored island would attenuate wave energy entering the Sound from the Inlet, reducing rate of fill of dredged channels in the area. On January 4, 2017, NCWRC and NMFS staff met for {{'�� ��I consultation on ERMF t�otential project impacts were discussed as were des>a�sirl{tU �gqIIIIyyldvoid, reduce, or mitigate if impacts were MAR 259 2018 MAR 0 9 2018 DCM- MHD CITY DCM-WARO probable. A site visit on July 15, 2016 by NCWRC recorded presence of small clusters of mussels on the eastern shoreline that may be impacted by the proposed project. The project area was surveyed for presence of SAV (Fig. 5). NCWRC staff surveyed DOT Island on May 19, 2017 for nesting birds (Fig. 4). On June 22, 2017, NCWRC and NC Coastal Federation staff surveyed the island for shellfish and evaluated the shoreline erosion (Fig. 5). Figure 5. Survey transects (by foot and boat) from which site was examined for presence of Submerged Aquatic Vegetation and shellfish. Surveys were conducted on .July 15, 2016 and June 22, 2017. 1.3 Historical Actions from within the Hatteras Inlet Management Area Historically, maintenance dredging has been performed within the Hatteras Inlet management area by the NCDOT Ferry Division and USACE to facilitate navigation within several channels that provide access to the inlet. Collectively, channel maintenance uses a variety of dredges including side -cast, special purpose, cutterhead, and hydraulic dredges. Disposal of dredged material has been within an upland spoil site, nearshore disposal areas, dredged -material islands (DOT and Cora June Islands), or side -cast. 1.3.1 Rollinson Channel Maintenance, USACE RECEIVED RECEIVED The USACE has used side -cast, special purpose, cutterhead, and h draulic dredges to maintain, n 2018 LIAR 2 8 2018� MAK vv �y DCM_ MHD CITY DCM-WARD RECEIVED MAR 2 8 2018 approximate 18,200-foot long portion of the Rollinson Channel maintenabo eqtMM , Jib fd authorized project includes three separate components: Jib i. Rollinson Channel: 5 miles long from Pamlico Sound to Hatteras Basin, authorized to -12 feet MLLW, 100 feet wide (authorized August 30, 1935); ii. Basin at Hatteras: 2,500 feet long, authorized to -12 feet MLLW, 250 feet wide (authorized March 2, 1945); iii. Channel from Rollinson Channel at the basin entrance of Hatteras -to -Hatteras Inlet Gorge (henceforth, the Hatteras -to -Hatteras Inlet Channel): 4 miles long, authorized to -10 feet MLLW, 100 feet wide (authorized October 23, 1962). The disposal of dredged material removed from the Hatteras -to -Hatteras Inlet Channel has been placed on upland diked disposal sites and along the oceanfront beaches of Hatteras and Ocracoke Islands. Nearshore disposal sites have been used as well with the material being placed off the southeast end of Ocracoke Island and off the southwest end of Hatteras Island, whichever is safer depending upon the weather conditions at the time. The maintenance dredging via side -cast and special purpose dredge is permissible year-round. DOT Island could serve as another location for this dredged material. 1.3.2 NCDOT Ferry Division Channel Maintenance Since 1977, the NCDOT Ferry Division has used a state-owned cutterhead dredge to maintain navigability within the ferry terminal basin at Ocracoke Island and the primary channel between Ocracoke Island and Hatteras Inlet Gorge. The channel, which is permitted to a depth of -12 ft. with a width of 150 ft., has become commonly known as the "Connector Channel." Since 2013, the NCDOT Ferry Division's cutterhead dredge has been unable to maintain the Connector Channel effectively due to challenging environmental conditions. NCDOT ferries now transit between Ocracoke and Hatteras Island via a longer route through Sloop Channel, Horseshoe Channel, and Barney Slough. Due to the needs of other boating interests to gain access to the inlet gorge, aside from the NCDOT's ferry fleet, Dare County funded the NCDOT Ferry Division to perform additional dredging within the Connector Channel on several occasions in 2016. In late 2016, Dare County received state and federal permits to maintain this area via the USACE dredge plants, Merritt, Murden, and Currituck, to side - cast material or place material in nearshore disposal areas outside an April 1 — September 30 moratorium. DOT Island could serve as a location on which to deposit this dredged material, minimizing impacts to aquatic resources and SAV habitats. 1.4 The Purpose and Need of the Applicant The primary purpose of this project is to restore habitat that colonial -nesting waterbirds (terns, skimmers, pelicans, herons, egrets, ibis) have used for nesting and roosting since 1977 (Parnell and Soots 1979; Tables 1 and 2). Goals of the NCWRC Wildlife Diversity Program's coastal waterbirds project include supporting viable populations of nesting birds distributed along the coast. Man-made dredged -material islands are increasingly important to waterbirds because much former habitat on natural barrier islands has been replaced by houses and businesses and is not available due to intense human use for recreation. Further, many natural islands in the Sounds are being lost to erosion and subsidence (e.g., Swan Island, Tump Island, Rawls Island, etc.). Dredged -material islands can be managed to provide optimal habitat for diverse species and provide unique, valuable management opportunities, especially fip ftgs A£giggtest MAR 0 9 2018 DCM-WARO conservation need (NCWRC 2015). Specific project objectives are to: • Restore unvegetated, upland, sandy habitat area; • Maintain Spartina wetlands; • Enhance former treelshrub area; • Maintain open -water creeks within Spartina wetlands. A secondary value of the project is to provide a beneficial use for dredged material. As described in previous sections, the Hatteras Inlet management area is dredged to maintain navigable channels for the NCDOT ferry system, commercial and recreational boats, and U.S. Coast Guard vessels. There is an active permit for use of Cora June Island as a disposal area for beach -compatible sand from channels in the Hatteras Inlet management area. However, Cora June Island has reached its maximum permitted size (12 ac) and only has available volume to offer because it has not yet reached its maximum permitted height (15 feet). The restoration of DOT Island will offer additional area for dredged sandy material from channels in the Hatteras Inlet management area, and would allow placement of future dredged material onto an upland site near both the Connector and Hatteras -to -Hatteras Channels, minimizing costs. Further, enlarging DOT Island would displace some wave energy that enters the sound from the inlet, leading to additional stabilization of the inlet system. 2 DESCRIPTION OF ALTERNATIVES This section describes alternatives evaluated in response to the erosion and loss of DOT Island's original area. The analysis of alternatives is based on meeting the purpose and need of the project, in addition to minimizing adverse environmental consequences. The alternatives evaluated include: • Alternative 1— No Action • Alternative 2 — Applicant's Preferred Alternative — Restoration of DOT Island using material dredged from adjacent channels during permitted maintenance operations Other alternatives, such as creating a new island or solely managing Cora June Island, are either not practicable or feasible given the significant impacts of creating a new island in the area and the limited additional size Cora June Island is permitted to grow. Therefore, other alternatives will not be addressed further in this Assessment. The alternatives are addressed in the following paragraphs. 2.1 Alternative #l: No Action The "No Action" alternative involves maintaining the status quo. If no action is taken, DOT Island will erode and subside, thus no nesting, foraging, or roosting habitat will be available at this location for colonial waterbirds or shorebirds. Tidal marsh now supporting shell (mussels) and finfish will be lost. Further, if no action is taken to obtain a permit to restore the island with sandy material dredged from adjacent channels, there will be few options available for disposal of dredged material, especially given the maximum size Cora June Island has achieved. 2.2 Alternative #2: Applicant's Preferred Alternative - Restoration of DOT Island using material dredged from adjacent channels during permit adtMeeLJ perations RECEIVED 8 MAR 2 8.2018 MAR 0 9 2018 DCM- MHD CITY DCM-WARO 2.2.1 Dredging Activities Placing dredged sandy material on DOT Island will not incur additional dredging activity or expenses, but will be incorporated into ongoing plans to keep channels in the Hatteras Inlet management area navigable. The regular maintenance of channels will provide a continued source of sandy material for DOT Island and will be used to maintain early -successional habitat for state listed species and Species of Greatest Conservation Need. 2.2.2 Disposal of Material on DOT Island Material excavated by a hydraulic dredge would be placed, via pipeline, in a previously authorized disposal site on the southern and southeastern perimeter of DOT Island (Figs. 6, 7). This disposal site will be cost and time effective because of its proximity to the location of dredging operations. Sand from dredged navigation channels will be placed on the island using the control of effluent method, following best practices to reduce runoff, direct the effluent to desired locations, and away from emergent marsh (Fig. 7). The sand will be graded to appropriate contours with a bulldozer (Golder et al. 2008). This method has been used successfully on previous projects on Cora June Island and other dredged -material islands in the Pamlico Sound (e.g., Wainwright Island) managed for colonial waterbirds and shorebirds. RECEIVED MAR 2 S_2018 DCM- mHD CITY RECEIVED MAR 0 9 2018 DCM-WARD CW NNEL PRISM LINE CONSTRUCT/ONPL4N PAMLICO SOUND TEMPORARY BERM DETAIL 4~ EROE RJEA 2v ASCREE PROPOSED fILL M[/.: NAACRES SE 1" ,r IOTELPROPOEEDARERL.EACRES 1 r�•iurmtmi•s °•"cn.m•v •,Er ue.nv.rw /��� . I N•u. •1 Y n .sx O �ww " unw.L, �uY1..na r•. N•... m.Mkr ••A` to DE o•o::o.'w rm...mw...wpm...°•P°r.:�r."',or{:'°Y.°""••a.wP`6.7°w - • 4. � E�EY � ORIIIIYM - A 40 CIO B � I •pli YEY TESE1 RR,RF E RIN • Y ,N E,• gl CHANNEL PRISM LIRE a • a . .. ........... ____ _... _IR 4Y •a f.Y » •we rm •aa r.m ✓•o » ••.Y ••.Y •»/t » •.Y » YY » wY » CROSS SECTION A -A a CROSS SECT �1 Figure 6. Proposed placement of dredged material within original footprint of DOT Island. Cross sections show proposed slot Berms and a turbidity curtain will preclude silt and other sediments from entering waters and will contain dredged material! overflow into waters or vegetation. A temporary silt fence will be installed to provide further protection to marsh vegetation. 10 RECEIVED MAR 2'8-2018 DCM- MHD CITY RECEIVED MAR 0 9 2018 DCM-WARO �CfiURGEPG4N PAMLICO SOUND ,—w�o�..—., _.neYu.R.v.,m WKY FA,tM000WYO E >W1II�M1e�,VPW PR �cmunawu��W�cM.W,.u.MM 'OYYM1., w.c.m wWu n.nmo nicA�E�r A,II NVV.Yw 198illga _uuNo . END VIEW CROSS SECTION VIEW 10 AM i lot TEYI011A E E FENCE IEEEE CETALJ 0 TEEPOWY BFIW ORAL EEE�Eu-w uuv- NIOi.Y11NN 1AY11O0iMk WIIY PAIR. aecNAROE RrE i Figure 7. Proposed plan for discharge of dredged material within original footprint of DOT Island. Cross sections temporary berm detail. Berms and a turbidity curtain will preclude silt and other sediments from entering water! materials in project area without overflow into waters or vegetation. Equipment landing and staging area is show bulldozer will be used to move material as it is deposited in project area. 11 RECEIVED MAR 2 8 2018 DC-M- MHD CITY RECEIVED MAR 0 9 2018 DCM_WARO 2.2.3 Sediment Characteristics The USACE collected a series of vibracores in 2003 to characterize the material from within the Hatteras Inlet management area. Twelve vibracores were collected and analyzed during this effort, of which four were located within the Connector Channel corridor (HAT-03-V-13 through HAT-03-V-17) and 4 (HAT- 03-V-10 through HAT-03-V-13) in Hatteras Inlet (Fig. 8). Analysis of these vibracores revealed that the material was primarily composed of light gray to olive gray, poorly graded fine to medium sands with trace shells having less than 5% silt. This material is designated as an "SP" soil type under the Unified Soil Classification System (USCS). The results of laboratory testing showed the mean grain size of the samples analyzed ranged from 0.22 min to 0.33 mm and the silt content, defined as the percent passing the #200 sieve, ranged from 0.0% to 1.3%. The vibracore logs show the depths to the channel bottom at the boring locations ranged from -5.0 ft. to -15.9 ft. below Mean Low Water (MLW) and extended to depths ranging from -13.2 ft. to -21.9 ft. below MLW. Only low to no silt, sandy material is acceptable for use on islands managed for colonial waterbirds and shorebirds. Coarse, sandy material is less susceptible to erosion, reducing loss of the restored island. RECEIVED MAR 2 8 2018 DCM- MHD CITY RECEIVED MAR 0 9 2018 DCM-WARO Figure 8. Locations of vibracores taken in 2003 by the U.S. Army Corps of Engineers to determine soil composition in channels of the Hatteras Inlet management area. Mapping completed for Dare County's Hatteras Inlet Channel Maintenance Project proposal and Environmental Assessment, 2016. 12 3 ESSENTIAL FISH HABITAT DESIGNATION 3.1 Fishery Management The MSFCMA of 1976, amended on October 1996, 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 (EFH) 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. The South Atlantic Fisheries Management Council (SAFMC) and the Mid- Atlantic Fisheries Management Council (MAFMC) coordinate management of marine fisheries in 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 3 nautical miles offshore. The SAFMC is responsible for conservation and management of fish stocks within the federal 200-mile limit of the Atlantic off the coasts of North Carolina, South Carolina, Georgia, and eastern Florida to Key West. The seven states that comprise the MAFMC are New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, and North Carolina. The MAFMC also works with the ASMFC to manage summer flounder, scup, black sea bass, bluefish, and spiny dogfish. The SAFMC broadly defines EFH habitats for all its managed fisheries in a generic management plan amendment that contains life -stage -based EFH information for each of the federally managed species. The SAFMC currently manages eight fisheries that include coastal migratory pelagics, coral and live bottom habitat, dolphin and wahoo, golden crab, shrimp, snapper grouper, spiny lobster, and Sargassum. Of these eight fisheries, only the snapper grouper complex contains species that are considered overfished. Both 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 2016). The areas designated as EFH by the SAFMC and MAFMC are listed in Table 3. RECEIVED MAR 2 8 2018 RECEIVED �1DCM- MHD CITY MAR 0 9 2018 13 DCM-WARO Table 3. Essential Fish Habitat identified in Fisheries Management Plan Amendments of the South Atlantic and Mid - Atlantic FMCS (NMFS 2010). SAFMC Occurrence within Action Area MAFMC Occurrence within Action Area Estuarine Areas Estuarine Areas Estuarine Emergent Wetlands Not Present Seagrass Not Present Estuarine Scrub/Shrub Mangroves Not Present Creeks Not Present Oyster Reefs and Shell Banks Not Present Mud Bottom Not Present Intertidal Flats Not Present Estuarine Water Column Present Palustrine Emergent and Forested Wetlands Not Present Aquatic Beds Not Present Estuarine Water Column Present Marine Areas Marine Areas Live/Hard Bottoms Not Present Coral and Coral Reefs Not Present Artificial/Manmade Reefs Not Present Sargassum Not Present Water Column Present The MAFMC is responsible for conservation and management of fish stocks in 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. 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; surfclam and ocean quahog; Atlantic mackerel, squid, and butterfish; and bluefish (MAFMC 2016). NMFS has also prepared multiple FMPs with amendments to identify EFH within its authority. Four fisheries (billfish, swordfish, tuna, and sharks) are managed under the FMPs of NMFS and are classified as Highly Migratory Species (HMS). NMFS geographically defines EFH for each HMS along the Atlantic Coast. The defined EFH areas are species -specific and include shallow coastal waters, offshore waters inside the exclusive economic zone (EEZ), offshore waters outside the EEZ, and inshore waters along the Atlantic coast (NMFS 2010). The North Carolina Marine Fisheries Commission (NCMFC) manages commercially and recreationally significant species of fish found in state marine or estuarine environments. The NCMFC tbe,�p;v . desigi�`@s, Primary Nursery Areas (PNA) that are included as EFH l yE—D R_ ft V ED 14 MAR 2 8 2018 MAR 0 9 2018 DCM_ MHD CITY DCM-WARO RECEIVED 3.2 Habitat Areas of Particular Concern MAR 2 8 2018 Habitat Areas of Particular Concern (HAPC) are subsets of designated EFH and hlM d QX STY 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 2010). Areas identified as HAPC by the NMFS and the FMCS in the South Atlantic and North Carolina are presented below in Table 5 (NMFS 2010). Designated HAPC is identified within the Action Area and includes the Pamlico Sound at Hatteras Inlet. All coastal inlets are designated HAPC for shrimp and red drum. Table 4. Geographically defined HAPC identified in FMP Amendments affecting the South Atlantic area (NMFS 2010). th Atlantic HAPC Action 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 Sargassum Habitat Not Applicable State -Designated Areas of Importance to Managed Species Not Applicable Submerged Aquatic Vegetation Not Applicable th Carolina HAPC Action Area Habitat Big Rock Not Applicable Bogue Sound Not Applicable Pamlico Sound at Hatteras & Ocracoke Inlets Present Capes Fear, Lookout, & Hatteras (sandy shoals) Not Applicable New River Not Applicable The Ten Fathom Ledge Not Applicable The Point Not Applicable ;EIVED t 0 9 Zola 3.3 Nursery Areas DCM-WARO The North Carolina Division of Marine Fisheries (NCDMF) has designated three categories of nursery areas: Primary, Secondary, and Special Secondary Nursery Areas. Primary Nursery Areas 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 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 adjacent to SNAs, 15 but closer to the open waters of sounds and the ocean. These waters are closed to commercial fishing activities for most of the year when juvenile species are abundant (beaten et al. 2010). Primary and Secondary Nursery Areas closest to the project area are located across the Pamlico Sound (Fig. 9). There are no NCDMF designated PNAs in or near the proposed Action Area. n n M 2 ao M N O `� /'y l / W M -1 RECEIVED MAR 0 9 2018 DCM-WARO Figure 9. Fish nursery areas closest to Hatteras Inlet management area (Action Area). Figure from Dare County's Hatteras Inlet Channel Maintenance Project proposal and Environmental Assessment, 2016. 3.4 Significant Natural Heritage Areas The North Carolina Natural Heritage Program (NCNHP) serves as an information clearinghouse in support of conservation of the rarest and most outstanding elements of natural diversity in the state. These elements of natural diversity include plants and animals that are so rare or natural communities that are so significant that they merit special consideration in land -use decisions. The Ocracoke Island Eastern End, managed by the National Park Service, is near but not within the Action Area and there are no anticipated direct or indirect impacts to significant natural heritage or managed areas 16 associated with the proposed project. Instead, this project would benefit the conservation of North Carolina's natural diversity by providing nesting habitat for waterbird species currently faging '¢ plead (C habitat loss. tt �/ U 4 PROJECT IMPACT ASSESSMENT 4.1 Essential Fish Habitat MAR 2 8, 2018 DCM- MHD CITY There are no estuarine scrub/shrub mangroves or palustrine emergent and forested wetlands within or near the Action Area. There are also no live/hard bottoms, coral and coral reefs, artificial/manmade reefs, or sargassum areas located within or near the Action Area. As such, there are no potential impacts associated with these estuarine and marine EFHs, and discussions about these EFH resources have been omitted. Brief descriptions and effects determinations for all EFH categories near the proposed Action Area are included below. Sedimentation has the potential to affect many of the EFH categories discussed below. To reduce repetitiveness, potential effects due to sedimentation are discussed in this section. Several typical estuarine projects have shown sediment -settling rates ranging from cm/sec to m/sec resulting in settlement primarily within the dredge site's immediate area (Bohlen 2002). Relatively large grain sizes within the plume settle more rapidly. Coarse sand (>2 mm) and gravel settle almost immediately, often < 50 m from the dredge pipe (Challinor 2000). EFHs within the Action Area that could be affected by sedimentation should therefore be minimal based on the proximity of anyReGF1WfD grain size, low silt content, and proposed buffer restrictions. MAR 0 9 2018 4.1.1 Estuarine Emergent Wetlands nr�A- The SAFMC defines estuarine emergent wetlands as tidal wetlands in low -wave energy psiPRO where salinity is > 0.5 parts per thousand (ppt) (SAFMC 1998). Salt and brackish marshes are types of wetlands occurring in shallow water sounds located between sand barrier islands and the mainland in North Carolina. Estuarine marsh sediments are usually muddy with high organic content. Some of the most productive and valuable wetlands are coastal marshes (SAFMC 1998). Coastal marsh environments are located near the proposed Action Area on the northeastern end of Ocracoke Island near the spit, approximately 0.5 miles from the proposed Connector Channel corridor. Marshes are regularly flooded lands where plant species such as salt marsh cordgrasses (Spartina alternii fora and S. patens), glasswort (Salicornia sp.), salt grass (Distichlis spicata), and sea lavender (Limonium carolinanum) are found. These habitats are important for fish and invertebrate spawning, and juvenile development (Street et al. 2005). 4.1.1.1 Effects Determination Estuarine emergent wetlands near the proposed Action Area may be affected by sedimentation caused by deposition of dredged material. However, the coarse sand (> 2 mm) deposited within the DOT Island footprint would contribute minimal sedimentation to the estuarine areas. No effects to this EFH are expected. 4.1.2 Oyster Reefs and Shell Banks The SAFMC defines this habitat as 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 F Vl RECOVE® MAR 2 8 2018 clearly distinguishable from scattered oysters in marshes and mudflats and from wave-fo sCITY windows (SAFMC 1998). Common terms used to describe shell bottom habitats in N�lb) l "oyster beds," "oyster rocks," "oyster reefs," "oyster bars," and "shell hash." Shell hash is a mixture of sand or mud with gravel and/or unconsolidated broken shell (clam, oyster, scallop, and/or other shellfish). Extensive intertidal oyster rocks occur in North Carolina's southern estuaries where the lunar tidal ranges are higher. The SAFMC has designated oyster reefs as EFH for red drum (NMFS 2010). The NCDMF 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. Oyster Reefs and Shell Banks are found in the Pamlico Sound, but no live clusters of oysters are present on the shoreline of DOT Island. 4.L2.1 Effects Determination Estuarine emergent wetlands, oyster reefs, and shell banks near the proposed fill area may be affected by sedimentation caused by placement of dredged material. However, sedimentation in estuarine areas should be minimal because of the larger grain size and low silt content of the material. Further, a temporary berm will be created around the fill area during placement of dredged material to hold suspended sedi in the fill area and out of the estuary and water column (Fig. 6), and a temporary turbidi{# �V6 surround the project area (Fig. 7). No effects to this EFH are expected. MAR 0 9 2018 4.1.3 Intertidal Flats DCM-WARD 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 pressure is low and suitable prey is abundant (flounders, red drum, gray snapper, blue crab, and penaeid shrimp use this EFH as nurseries). Intertidal flats serve as areas of refuge because 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 located within the Pamlico Sound and along the estuarine shorelines of Ocracoke, Hatteras, and DOT Islands. 4.1.3.1 Effects Determination There are intertidal flats within the proposed fill / island restoration area (Fig. 6). The project area includes the former footprint of the dredged material island and is composed mostly of sandy material that eroded and fanned out east of the island creating shallow water and sandy shoal areas over the last 30 years, as it has been at least 30 years since dredged material was placed on DOT Island. To reduce impacts to this area, work would only be done during winter (November — February). Intertidal habitat will re-establish :51 year after the project is conducted. To further enhance intertidal and supratidal habitat and stabilize the shoreline, the NCWRC proposes to sprig the southeastern shoreline with Spartina spp., as suggested by the N.C. Coastal Federation (E. Fleckenstein, June 2017 site visit). The northern and northeastern shorelines will develop naturally into tidal flats. 4.1.4 Submerged Aquatic Vegetation Submerged aquatic vegetation or 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 18 requirements of water depth (< 6 feet), average light availability (secchi depth of> 1 foot), and limited wave exposure that characterize the environment suitable for growth of SAV are also required to meet the general definition. (NC Marine Fisheries Commission (NCMFC) (15A North Carolina Administrative Code (NCAC) 03I.0101(4)(i)). In North Carolina, the most common species of SAV are eelgrass (Zostera marina), shoal grass (Halodule wrightii), and widgeon grass (Ruppia maritime). These vegetation beds occur in both subtidal and intertidal zones and may occur in isolated patches or cover extensive areas (Street et al. 2005). SAV is designated EFH for the snapper/grouper complex, red drum, and penaeid shrimp by the SAFMC (NMFS 2010). Blue crabs, which are managed by the NCDMF, also use seagrass habitat during various life stages. In terms of their value as EFH, seagrass bed ecosystems are used 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), gray snapper (Lu Janus griseus), bluefish (Pomatomus saltatrix), flounder species (Paralichthys spp.), fishes of the Clupeidae family, and others are found in seagrass beds in early spring and summer (ASMFC 2015). 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 for which SAV serves as a HAPC. The Carolinas are in a transitional area that represents the southernmost extension for some cold -adapted species and the northernmost extension of warm -adapted species. In North Carolina, the dominant seagrass, eelgrass (Zostera marina), grows at the southernmost extent of its range, while shoal grass (Halodule wrightii) is at its northernmost extent. SAV is an important indicator of environmental health because of its sensitivity to aquatic stressors. Factors affecting SAV distribution include the hydrodynamic characteristics of water velocity, depth, waves, and the water's ability to transport sediments. Boating operations cause direct impacts to SAV from 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, mapping SAV precipitates their avoidance during the planning and design of new vessel channels and marine basins. Data from 2014 reveal locations of large SAV beds in the region of the proposed project but not the project area (Fig. 10). Ci, -V RECEIVED F;�P�o9tio`a MAR 2 8 2018 PZo DCM- MHD CITY O 19 RECEIVED MAR 2 8 2018 DCM- MHD CITY F'ECENED gko Figure 10. Submerged Aquatic Vegetation near the Action Area, or area where navigation channels are dredged within Hatteras Inlet management area. No SAV was detected in project area. 4.1.4.1 Effects Determination Large beds of SAV in the area will not be affected. To enhance intertidal and supratidal habitat and stabilize the shoreline, the NCWRC proposes to sprig the southeastern shoreline with Spartina spp., as suggested by the N.C. Coastal Federation (E. Fleckenstein, June 2017 site visit). Without this project, the marsh will erode and be lost entirely. 4.1.5 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 used. The 20 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 (MAFMC 1998). Estuarine and marine bodies of water located within the Action Area include waters of the Pamlico Sound and Hatteras Inlet. Marine bodies of water located within the Action Area include the inner shelf waters of the Atlantic Ocean along the ebb shoal of Hatteras Inlet. 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 functi "M designated by the Marine Fisheries Commission. 4.I.5.I Effects Determination MAR 2 812018 Potential effects from elevated turbidity levels may occur in the estuarine anPnl' MZ dV2tet'ColE6t1t1 Y surrounding the disposal area. However, sedimentation should be limited based on the material i iD, low silt content, and rapid fallout. The turbidity curtain around the project area (Fig.' educe probability of sediments in water column. Effects to the estuarine and marine water coluffiri shou�jq, \% minimal and transient. 0 4.1.6 Shallow Sand and Mud Bottom OCM.W PRo The MAFMC classifies mud bottoms of estuarine areas as EFH, but describes the EFH for various life stages as relating to mudflats. Mudflats are sedimentary intertidal habitats created by deposition in low energy coastal environments, particularly estuaries and other sheltered areas. The sediments generally consist of silts and clays with a high organic content (NMFS 2010). Sand bottoms consist of materials with grain sizes coarser than silt (> 0.0625 nun) (Anderson 2006). Mud and shallow sand bottoms can be found throughout the marsh complex along the estuarine shorelines of Ocracoke and Hatteras Islands. Penaeid shrimp, blue crab, red drum, and flounders use this habitat type as nursery, foraging, and refuge areas. The NCDMF has not designated any Primary Nursery areas near DOT Island. 4.1.6.1 Effects Determination Sedimentation into estuarine essential fish habitats such as wetlands, oyster reefs, and shallow sand bottoms should be minimal. Placement of sand from channel maintenance dredging will be limited to a 20- acre area (Fig. 6). The shallow sand bottoms affected by this project originate from the original dredged - material island. Work will be conducted during winter (November — February) to minimize impacts on fish and benthic invertebrate species. 4.2 Managed Species Managed species that have any of the above categories listed as an EFH and that may be present in the Action Area are discussed below. The following narratives briefly describe each of these groups or species. 21 RECEIVED MAR 2 8 2018 4.2.1 Coastal Migratory Pclagics DCM- MHD CITY Before the 198Os, 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 197Os and early 198Os 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 2016). The Coastal Migratory Pelagic (Mackerel) IMP 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 breakzone, 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 are found from April to November in North Carolina's waters, then they migrate south to the Florida coast in late fall. They may be found as far inland as the sounds and coastal river mouths in the summer. Spanish mackerel spawn from May to September (SAFMC 1998). King Mackerel (Scomberomorus cavalla) Water temperature and prey availability trigger inshore and offshore migrations of king mackerel. In winter and early spring, king mackerel congregate just inside the Gulf Stream along the edge of the continental shelf. During summer and fall, they move inshore along the beaches and near mouths of inlets and coastal rivers. King mackerel prefer water temperatures between 68°F and 78°F (SAFMC 1998). Cobia (Rachvicentron canadum) Cobia have a world-wide distribution, preferring warm water temperatures from 68° to 86°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 (FL H 2005). Cobia typically migrate south in the fall to over -winter in warmer waters. EFH for cobia * lutes, but is not limited to, high salinity bays, estuaries, seagrass habitat, sandy shoals, and rocl� (SAFMC 1998). Fi o 9 ti4�� 4.2.2 Highly Migratory Species MPS �P�0 Atlantic Highly Migratory Species are managed under the dual authority of the MSFCMA a Atlantic Tunas Convention Act (ATCA). Under the MSFCMA, the National Marine Fisheries Service (NMFS) 22 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 2009 HMS FMP, NMFS updated identification and descriptions for EFH and revised existing EFH boundaries for Atlantic HMS (NMFS 2009). Table 5 identifies the marine waters in vicinity of the project that are designated as EFH for HMS and their life stage. Table 5. Highly Migratory Species and their life stage that may occur in marine waters in vicinity of the Action Area, including Hatteras Inlet, designated as Essential Fish Habitat. (Young of Year (YOY), Juvenile (J), Adult (A)) Shar Life Bigeye Scalloped Hammerhead (Thunnus thysnnus) J, A (Sphyrna lewini) J, A Bluefin Dusky (Thunnus thysnnus) J, A (Carcharhinu obscurus) YOY, J, A Skipjack Sandbar (Katsuwonus pelamis) J, A (Carcharhinus plumbeus) YOY, J, A Silky Yellowfm J, A (Carcharhinus YOY, J, A (Thunnus albacres) falciformis) Spinner Billfish Life St (Carcharhinus J, A brevipinna) Tiger None NA (Galeocerdo cuvieri) YOY, J, A Sand Tiger (Carcharias Taurus) YOY, J, A Angel (Squatina dumerili) J, A Sharpnose (Rhizoprionodon A terraenovae) Thresher (Alopias vulpinus) YOY, J, A Spiny Dogfish J,A 4.2.3 Snapper Grouper Complex RECEIVED MAR 2 8, 2018 DCW1_ MH[) CITY 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 variation in specific life history patterns and habitat use among species 23 RECEIVED MAR 2 8 2018 included in the snapper grouper complex (SAMFC 1998). DCM- MHO CITY 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/hard bottom. Due to space constraints in this document, thorough characterizations of this diverse multispecies complex are omitted but may be referenced in the SAFMC FMP (SAFMC 1998). 4.2.4 Shrimp Penaeid Shrimp [Brown Shrimp (Penaeus aztecus), Pink Shrimp (Penaeus duorarum), White Shrimp (Penaeus setiferus)] Penaeid shrimp spawn offshore, moving into estuaries during the post -larval stage during 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 bodies of water as described in the Habitat Plan. Inshore nursery areas from North Carolina through the Florida Keys include tidal freshwater (palustrine); estuarine and marine emergent wetlands; tidal palustrine forested areas; mangroves; tidal freshwat o estuarine, and marine submerged aquatic vegetation; and subtidal and intertidal non -vegetate. 19`' 10% 4.2.5 Summer Flounder, Scup, and Black Sea Bass p9 01- 9O Summer flounder (Paralichthys dentatus), scup (Stenotomus chrysops), and black sea bass (Centr striata) are managed by the MAFMC. The three species are considered part of an offshore- g guild of fishes, a migratory group of warm temperate species that are intolerant of colder, inshore ter conditions (MAFMC 2016). Summer flounder (Paralichthys dentatus) Adult summer flounder emigrate from North Carolina estuaries beginning in November as water temperatures decrease and spawning takes place in continental shelf waters (MAFMC 2016). Larvae immigrate to the higher salinity areas of estuaries becoming common in January through April. Juveniles are present year-round at salinities between 5 to >25 ppt (MAFMC 2016). 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 to >25 ppt salinity. From January to April, larval summer flounder are raze at lower salinities (5 to 25 ppt), becoming common at salinities >25 ppt (MAFMC 2016). This stage (larval) 24 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 Mid -Atlantic Bight (MAFMC 2016). EFH for summer flounder includes shelf waters and estuaries from Albemarle Sound, North Carolina, to St. Andrew and Simon Sounds, Georgia, for larval, juvenile, and adult stages (MAFMC 2016). 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 7 inches total length, or 17 cm), while nearly all scup of age three 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 2016). EFH 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 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 G- yQf Maine through Cape Hatteras, North Carolina (MAFMC 2016). R tio�e 4.2.6 Red Drum (Sciaenops oceAatus) MPR 0 9 Red drum are managed solely by the ASMFC through Amendment 2 to the Interstate FMP (AS P`RO 2016). Red drum populations along the Atlantic coast are managed through the Atlantic Co eries Cooperative Management Act (Atlantic Coastal Act). Unlike the MSFCMA that addresses fishery management by federal agencies, the Atlantic Coastal Act does not require the ASMFC 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 (ASMFC 2013). Red drum occur in several 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 between 720 to 860F (SAFMC 1998; ASMFC 2013). In North Carolina, spawning adults are common in salinities >25 ppt (ASMFC 2002). Juveniles prefer shallow shorelines of bays and rivers and shallow grass flvRjE eft$ Mc 1998). 25 MAR 2 8 2018 DCM- MHD CITY RECEIVED MAR 2 8 Z018 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 beDCW 1, 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 (SAFMC 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 SAF (NCDMF 2008). 4.2.7 Bluefish(Pomatomussaltatr&) Bluefish are managed by the NMFS as a single stock under a joint FMP collaboratively developed by the MAFMC and ASMFC and implemented in 1990. Bluefish are considered warm water migrants, preferring waters above 57' to 61 T (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 use estuaries as nursery areas from March to December in the South Atlantic, emigrating to warmer offshore waters when temperatures approach 59°F (Shepherd and Packer 2006). Bluefish can tolerate temperatures of 53.2° to 86.7°F, but exhibit signs of stress at both extremes. They can survive temporarily in waters of 45.5°F but juveniles cannot survive below 50T (Lund and Maltezos 1970). Bluefish EFH has been designated for marine areas south of Cape Hatteras based on life stage. Eggs: south of Cape Hatteras, 100% of pelagic waters over the Continental Shelf (from the coast out to the eastern wall of the Gulf Stream) through Key West, Florida at mid -shelf depths. Bluefish eggs are generally not collected in estuarine waters and thus there is no EFH designation inshore. Generally, bluefish eggs are collected from April through August in temperatures >64 T (>18 °C) and normal shelf salinities (>3 1 ppt). Larvae: south of Cape Hatteras, 100% of pelagic waters > 15 meters over the Continental Shelf (from the coast out to the eastern wall of the Gulf Stream) through Key West, Florida. Bluefish larvae are not generally collected inshore so there is not EFH designation inshore for larvae. Generally, bluefish larvae are collected April through September in temperatures >64 T in normal shelf salinities ( >30 ppt). Juveniles: south of Cape Hatteras, 100% of pelagic waters over the Continental Shelf (from the coast out to the eastern well of the Gulf Stream) through Key West, Florida and the "slope sea" and Gulf Stream Q between latitudes 29° 00' N and 40' 00' N. Generally juvenile bluefish occur in North Atlantic es e from June through October, Mid -Atlantic estuaries from May through October, and South Ad i���� 26 9p O estuaries March through December, within the "mixing" and "seawater" zones. Distribution of juveniles by temperature, salinity, and depth over the continental shelf is undescrbed. Adults: south of Cape Hatteras, 100% of pelagic waters over the Continental Shelf (from the coast out to the eastern wall of the Gulf Stream) through Key West, Florida; and all major estuaries between Penobscot Bay, Maine and St. Johns River, Florida identified in the FMP and Amendments, which includes Pamlico Sound. 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 per size of individuals comprising the schools. Bluefish generally are found in normal shelf salinities (>25 Ppt)• 4.2.8 Spiny Dogfish (Squalus acanthias) In North Carolina, the spiny dogfish 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 2008a). The spiny dogfish is a long-lived species with an estimated life expectancy 25 to 100 years and reported to be one of 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 from 37° to 82T. The preferred temperature range is 450 to 55°F. Spiny dogfish migrate seasonally, moving north in the spring and summer and south in fall and winter (MAFMC 2016). They are most common in shelf waters in North Carolina from November through April, when 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 2016). South of Cape Hatteras, EFH includes waters of the continental shelf from Cape Hatteras, North Carolina through Cape Canaveral, Florida to depths of 1,280 ft for juveniles and 1,476 ft for adults (MAFMC 2016); this does not include marine waters located within the Action Area. 4.3 Managed Species Effects Determination The proposed project includes placement of dredged sand material in an 18-acre area east of DOT Island, and within the island's former foot print. Work will be done during winter (November — February) to minimize impacts to managed species. Planting sprigs of Spartina spp. along the southeastern shoreline will provide shallow water, estuarine conditions. 5 CONSERVATION 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 RVIRfm1 IYM MM 2 8 2018 Ft�CE��ED 27 �PRpg1016 DCM- MHD CITY DCM W PRO 5.1 Construction Practices 5.1.1 Determination of Fill Area for Island Restoration Restoration of DOT Island will entail placement of dredged sand material from navigation channels in the Hatteras Inlet management area. Material will be placed in a 20-acre area (Fig. 6) that overlays the former area of the island. Work will be conducted during winter months (November — February) to reduce impacts to shellfish, fmfish, benthic macroinvertebrates, and waterbirds. Shallow water, sandy bottom, and an eroding area of marsh shoreline will be filled. The NCWRC proposes to sprig the southeastern shoreline with Spartina spp., as suggested by the N.C. Coastal Federation (E. Fleckenstein, June 2017 site visit). The control of effluent method (Golder et al. 2008) will be used to place dredged material in the project area (Fig. 7). As sandy material accumulates, a bulldozer will be used to contour the material and create a berm to reduce flow of sediments into the Sound. A turbidity curtain will be installed around the project to further reduce flow of sediments into the water column, and a silt fence will be installed to protect existing marsh vegetation (Fig. 11). One or more gently -sloping domes will be created for optimal waterbird nesting and roosting habitat. S/LTFENCEL7 MIL W nq . a„Y > L I, .IYM YO .IA ..LIY V . Jf nY. nA V nn oacro nu \ .wl� . lu.0 a r' I. no,..n .un, .ceavnlr m .ie nY a .�YR[YIY I.Y YI .. ii;j�__ 1- 11,�ET�z➢- pyr 3� t rw1Y a... mu Yn w n. r..-.Y.uu .... n.n m•. � w�Yr� rnily a n�i' uo�ouni ..e rnu�i.��� r�wrc�l" 1� � .1WIOi \..sY M. vYn NIMII..O 0,.4..Y[ .✓F O! .O O.v.,Y 0 S 1� .InO ®I, .—� M �. N•• •r.On G nY IIIM ...YI[ Figure 11. Details of silt fence to be installed to protect existing marsh from placement of dredged material in project footprint. RECEIVED RECEIVED t�QR 2 9 2018 MAR 0 9 Z018 DCM- MHD CITY DCM-WARD RECEIVED 5.1.2 Erosion Control Measures and Discussion of Vegetation MAR 2 8 2018 The person responsible for erosion control measures is Sara H. Schweitzer, NC Pivveerrssi il�ty Biologist, Coastal Waterbirds Investigations and Management Project, 252-639-8435. Because the primary purpose of restoring the site is to support nesting populations of terns, skimmers, and shorebirds, there will be no vegetation planted on the island where dredged material is deposited. Terns, skimmers, and shorebirds need bare sand and shell for nesting and any vegetation will hinder nesting efforts. On the southeastern shoreline, however, NCWRC proposes to work with NC Coastal Federation to plant Spartina spp. and possibly, cedar saplings, to reduce erosion and provide nesting habitat for egrets, herons, and pelicans. DOT Island is in an area of naturally accreted shoals (Fig. 2); thus, placement of dredged sand -shell material on the shoals east of the island will increase the probability of material staying where placed. It is proposed that placement of material use the control -of -effluent method developed by the Wilmington District Corps of Engineers and used for >10 years successfully (Golder et al. 2008). Small temporary berms and a silt fence will be used to protect the Spartina marsh. Berms will be created from existing sandy material on the island and new sand from the dredging operation. The outflow pipe will direct material into the footprint to be developed into a sandy dome (Fig. 7). The dome will be created with gentle slopes (30:1) toward the eastern shoreline. A bulldozer on site will be used to move the outflow pipe as needed to direct the flow of material and create the dome. After dredged material is deposited, the bulldozer will be used to grade the dome and ensure the slope toward the shoreline is 30:1, and no slope is greater than 3:1 (Golder et al. 2008). The height of domes should be <_ 15 ft (55 in.; Landin 1986). Total size of the island should be 525 ac (510 ha). The larger an island, the greater the probability of its colonization by mammals that prey on ground -nesting birds (Landin 1986). The sandy intertidal area of DOT Island (mostly east-northeast side of island) is about 10 ac (4 ha; 14-15 January 2014, measured at low tide; Schweitzer and Abraham, NCWRC, unpublished data; NC DOT, D. H. Stallings, survey, 2016; Fig. 6). Shallow (518 in [45 cm]) water over sandy shoals is east of the intertidal area, and that area (approximately 10 ac [4 ha]) would be covered with dredsirJ 'al to restore the size of the island to its size in the 1980s (25 ac [10 ha]). Therefore, total fil ttdU About 20 ac (8 ha) (Fig. 6). MAR 0 9 2018 5.2 Project Justification & Benefits DCM-WARO Several species that nested on DOT Island through 1985 are Species of Greatest Conservation Need, N.C. Special Concern Species, and/or N.C. Threatened/Endangered Species (Tables 1, 2; NCWRC 2015). Many of these species require early successional, unvegetated sandy areas for nesting. Much of the natural barrier island beach habitat in North Carolina has been impacted by commercial and residential development, increased populations of mammalian predators, and is used intensively for recreation. These species have begun to use manmade habitats including islands constructed from dredged material. The loss of habitat on DOT Island has removed previously -available nesting habitat. The North Carolina Colonial Waterbird Management Plan (Parnell and Shields 1990) calls for maintenance of suitable nesting habitat for species that have nested in the coastal region historically. Therefore, restoration of DOT Island will return nesting habitat for Species of Greatest Conservation Need in North Carolina, enhancing the probability of increasing their nesting population size. The increase in coverage of DOT Island by Spartina marsh, small trees, and shrubs resulted in nesting on 29 4. 4, T the island by Forster's Terns (Table 1), Brown Pelicans (Table 2), Black -crowned Night Herons (Nycticorax nycticorax), Great Egrets (Ardea alba), Little Blue Herons (Egretta caerulea), Snowy Egrets (E. thula), Tri-colored Herons (E. tricolor), White Ibis (Eudocimus albus), and Glossy Ibis (Plegadis falcinellus) (Table 2). The species dependent on small trees and shrubs are adversely affected by recent erosion and loss of nesting substrate (Schweitzer and Abraham, NCWRC, unpublished data). Restoration of DOT Island and possible planting of Spartina sp. and cedars in the area where trees and shrubs have been lost will provide new nesting sites for these species. Thousands of Laughing Gulls nested on DOT Island through the 1980s, and more recently, Herring Gulls (Larus argentatus) and Great Black -backed Gulls (L. marinus) nest here. The large -bodied gulls are predators on many other avian species, including several Species of Greatest Conservation Need in North Carolina. Increasing the area of early successional, sandy habitat on DOT Island will likely reduce the number of nesting gulls. In addition to habitat for nesting species, DOT Island provides valuable habitat for birds during fall and spring migrations, and in winter. Brown Pelicans use the site for roosting, and shorebirds (e.g., Sanderlings [Calidris alba], Dunlin [C. alpina], Red Knots [C. canutus], Western Sandpipers [C. mauri]) feed and rest on the island. Restoring the island will continue its value during migration and winter for these and other species. DOT Island has been posted against trespass for nesting waterbirds annually and has been included in the Coastwide Colonial Waterbird Survey since the late 1970s. It will continue to be managed and surveyed by NCWRC after restoration and the response of birds to the restoration will be monitored. DOT Island is approximately 0.5 mi from the middle of Hatteras Inlet and near the Connector and Hatteras -to -Hatteras Channels, while the only other possible site on which to dispose dredged material (Cora June Island) is 2.8 mi from this location (Fig. 2). Because sands from the inlet frequently fill the Connector Channel and Hatteras -to -Hatteras Channel, emergency side -cast dredging and diversion of the ferry route often are necessary. Having DOT Island available as a deposition site will increase the possibility of dredging the channel efficiently and less expensively than using Cora June Island, a greater distance away. Further, Cora June Island received dredged sand from Rollinson and Hatteras Ferry Channels in fall and winter 2013, it may receive dredged sand in winter 2018, and it has nearly reached its maximum permitted area and height. Therefore, Cora June Island will not be available as a disposal site for much material in the near future. Placing dredged sandy material on DOT Island will not incur additional dredging activity or expenses, but will be incorporated into ongoing plans to keep the Hatteras Ferry Channel navigable. The regular maintenance of Hatteras Ferry Channel will provide a continued source of sandy material for DOT Island and will be used to maintain early -successional habitat. Although DOT Island is posted against trespass above mean high water from 1 April — 31 August to protect nesting birds from disturbance, from 1 September — 30 March, the island is available to recreationists. The island is used by duck hunters, boaters, bird watchers, and anglers, and thus, provides many opportunities to the public for recreation. Restoring the size of the island will increase these opportunities and ensure the island is not lost completely M6ED RECEIVED Because DOT Island was created either in the late 1960s or early 1970s from dredged sand yR 0 Serial an M MAR 2 8.1018 A 30 DCM- MHD CITY DCM-WARO 4 4 dredged material has not been placed on the island for decades, Spartina marsh, small creeks, and shallow - water habitats have established. The proposed placement of dredged material on the island would not impact these sensitive habitats. However, intertidal habitat and shallow water / shoal habitats on the eastern side of the island will be impacted. The latter habitat types will be replaced by sandy upland habitat, sloping gently (30:1) toward the east-southeast side of the island. The lower swale of the slope will be the new intertidal habitat and will be colonized by polychaetes, small clams (e.g., Donax spp.), and other benthic macroinvertebrates >_1 year after construction. Hence, there will be a tqRpJ?CLTcFV(B® benthic community in the intertidal and shallow water habitats. 6 SUMMARY MAR 2 S 2018 nr�t�++ AHD CITY Although the potential exists to affect EFH, HAPC, or Managed Species thatQ&N folun , or are located, in or near the region of the project, effects from the placement of dredged material will be minimized by the timing of the work (winter), proposed planting of Spartina species along the southeastern shoreline, and natural reestablishment of benthic invertebrates and shallow sandy habitats. DOT Island was created either in the late 1960s or early 1970s from dredged sandy material, and subsequently, Spartina marsh, small creeks, and shallow -water habitats have established. However, the size of the island has shrunk substantially due to erosion and subsidence. If this project is not undertaken, the island will continue to erode and its benefits to shellfish, fmfish, and waterbirds will be lost. Overall, environmental impacts will be minimized and temporary, while benefits from the restoration of DOT Island will be numerous. 7 REFERENCES ASMFC. 2013. Addendum I to Amendment 2 to the Red Drum Fishery Management Plan: Habitat Needs & Concerns. ASMFC. 2016. http://www.asmfc.org/. Last visited September 2016. Bohlen, W. 2002. Gravitational Flows and the Dispersion of Dredged Resuspended Sediments: The Forgotten Factor? University of Connecticut, Department of Marine Sciences. Available online at: http://massbay.mit.edu/marinecenter/conferencelabstracts0l.html Challinor, John S.A. 2000. Scoping the assessment of sediment plumes from dredging. Construction Industry Research and Information Association. CIRIA Publication C547. Golder, W., D.H. Allen, S. Cameron, and T. Wilder. 2008. Dredged material as a tool for management of tern and skimmer nesting habitat. ERCD TN-DOER-E24. Vicksburg, MS: U.S. Army Engineer Waterway Experiment Station. Landin, M.C. 1986. Building, developing, and managing dredged material islands for bird habitat. EEDP Technical Notes Collection. EEDP-07-1. Vicksburg, MS: U.S. Army Engineer Waterway Experiment Station. Lund, W.A. Jr. and G.C. Maltezos. 1970. Movements and migrations of the bluefish (Pomatomus saltatrix) tagged in waters of New York and southern New England. Trans. Am. Fish. Soc. 99(4):719-725. MAFMC. 2016. Fishery Management Plans & Amendments. http://www.mafmc.org/fishery- management-plans. Last visited September 2016. NCDMF. 2006. North Carolina Shrimp Fishery Management Plan. North Carolina Department of Environment and Natural Resources. Division of Marine Fisheries. Morehead City, North 31 MAR 2 8 2018 32 DCM- MHD CITY Carolina. April 2006. NCDMF. 2008. North Carolina Red Drum Fishery Management Plan. Amendment I. North Carolina Department of Environment and Natural Resources. North Carolina Division of Marine Fisheries. Morehead City, North Carolina. November, 2008. NCDMF. 2008a. North Carolina Intedurisdictional Fisheries Management Plan. North Carolina Department of Environment and Natural Resources. North Carolina Division of Marine Fisheries. Morehead City, North Carolina. June, 2008. [NCWRC] North Carolina Wildlife Resources Commission. 2015. North Carolina Wildlife Action Plan. Raleigh, N.C. NMFS. 2006. Final Consolidated Atlantic Highly Migratory Species Fishery Management Plan. National Oceanic and Atmospheric Administration, National Marine Fisheries Service, Office of Sustainable Fisheries, Highly Migratory Species Management Division, Silver Spring, MD. Public Document. 1600pp. NMFS. 2009. Final Amendment 1 to the 2006 Consolidated Atlantic Highly Migratory Species Fishery Management Plan, Essential Fish Habitat. National Oceanic and Atmospheric Administration, National Marine Fisheries Service, Office of Sustainable Fisheries, Highly Migratory Species Management Division, Silver Spring, MD. Public Document. 395pp. NMFS. 2010. Habitat Conservation Division. Southeast Regional Office, Essential Fish Habitat: A Marine Fish Habitat Conservation Mandate for Federal Agencies. Parnell, J.F., and M.A. Shields. 1990. Management of North Carolina's Colonial Waterbirds. UNC Sea Grant Publication Number UNC-SG-90-03. Parnell, J.F., and R.F. Soots. 1979. Atlas of colonial waterbirds of North Carolina estuaries. North Carolina Sea Grant Publication UNC-SG-78-10, Raleigh, North Carolina SAFMC. 1998. Final Habitat Plan for the South Atlantic Region: Essential Fish Habitat Requirements for Fishery Management Plans of the South Atlantic Fishery Management Council. The Shrimp Fishery Management Plan, The Red Drum Fishery Management Plan, The Snapper Grouper Fishery Management Plan, The Coastal Migratory Pelagics Fishery Management Plan, The Golden Crab Fishery Management Plan, The Spiny Lobster Fishery Management Plan, The Coral, Coral Reefs, and Live/Hard Bottom Habitat Fishery Management Plan, The Sargassum Habitat Fishery Management Plan, and The Calico Scallop Fishery Management Plan. Charleston, South Carolina: South Atlantic Fishery Management Council, 457p. plus Appendices and Amendments. http://www.safinc.net/resource-library/fishery-management-plans-amendments. Last visited September 2016. SAFMC. 2016. http://www.safmc.net/. Last visited September 2016. Shepherd, G.R., and Packer, D.B. June 2006. Essential Fish Habitat Source Document: Bluefish, Pomatomus saltatrix, Life History and Habitat Characteristics, Second Edition: National Marine Fisheries Service, Woods Hole, Massachusetts, 100p. http://www.nefsc.noaa.gov/nefsc/Publications/tm/tml 98/tm 198.pdf. Street, M.W., A.S. Deaton, W.S. Chappell, and P.D. Moorside. 2005. North Carolina Coastal Habitat Protection Plan: Raleigh, N.C., North Carolina Department of Environment and Natural Resources, Division of Marine Fisheries. 656pp. RE tio�a RECEIVED MPR°9 0 oCM,� PR Coastal Management ENVIRONMENTAL OUALITY 2 October 2017 Ms. Sara H. Schweitzer Coastal Waterbird Biologist North Carolina Wildlife Rer 106 Ferret Run Lane New Bern, North Carolina 7 Dear Ms. Schweitzer: ROY COOPER MICHAEL S. REGAN BRAXTON C. DAVIS n,., I,,. This letter is in respons! t your recent submittal of a draft Major CAMA/Dredge and Fill permit application for the construction br�:toration of "DOT Island" using dredged material generated from the maintenance of nearby navigational channels. DOT Island is located inside Hatteras Inlet adjacent the east side of the inlet gorge in the Pamlico Sound near Hatteras Village, North Carolina. 1 have reviewed the application package as well as the draft EFH Assessment for this project. 1 also visited the site on 20 September 2017. Based on a review of google earth imagery and my 20 September site visit it appears the island has experienced significant erosion since our 25 April 2012 seeping meeting. The island no longer has any highground and is vegetated entirely with Spartina altemiflora (smooth cordgrass) except for a barren sand over wash area on the southeast facing shoreline. This is most likely a result of increasing ocean swell reaching the island during storm events such as Hurricane Mathew in October 2016. Also, discrepancies in the application package noted below, make it difficult to fully evaluate the proposed project. Please update the written application and plat work with the current site conditions. Since the project as designed would have impacts to the Spartina alterniflora marsh presently located on site, 1 would recommend we set up a full scoping meeting to discuss this project to develop a project that would limit the impacts to this marsh and accomplish the goals of the Wildlife Resource Commission. This, meeting will assist in updating the information required in the application and on the work plats i prevent future permitting issues due to resource agency concerns. However, I have review;g ion in its current state and offer the following comments. M(aR O 9 ZO�a Overall wo Data shown on the plan view and cross sections should match data reported 10 `4vriWtten application and project narrative. The size of the area to be filled is reported differently in Figure 2 (18 acres), the written application (12 acres) and in the project narrative (19.25 acres). The use of aerial images to generate plan views should use the latest imagery available as practicable due to the dynamic changes to the island's topography. Figure or plats should have a title block that includes a title, sheet or figure number, a date and author such that it is identifiable for later reference in the CAMA/Dredge and Fill permit. The narrative and written application should describe how heavy equipment such as a bulldozers or equipment such as dredge pipes will be transported and deployed across the broad expanse of shallow shoals adjacent to the project area. Any site irwestigation(s) that were conducted to determine the presence of shellfish or i E(Ve9 tOV7,01::J- q Compares 1pmRptl QuWIY tmW\6m�emm, Ntl �4a A'a.heren.\C:'IS 2529466481 RECEIVED MAR 2 8 2018 DCM- MHD CITY Ms. Sara H. Schweitzer Draft Major CAMA/Dredge and Fill permit application 2 October 2017 Page Two SAV should be mentioned as well as the methodology that was used. Figure 2 in the CAMA/Dredge and Fill application and Figure 3 in the EFH assessment are mapped as SAV. This is most likely an area of submerged marsh peat as the tidal currents and wave energy, are too high to support SAV. This same area in the EFH assessment is contrarily described as an eroding marsh shoreline. This area of marsh shoreline is located within the proposed fill area and should be a quantified impact reported in the application package. Based on my site visit, the entire island is a homogenous stand of Spartina altemiflora marsh and the conflicting site condition reported in the narrative cover letter and the EFH assessment may be an artifact resulting from the EFH assessment being written after more recent site investigations. The EFH assessment states that Spartina altemiflora will be planted on the southeast facing shoreline and the narrative cover letter states that there will be no planting of vegetation. It appears that the narrative cover letter should be updated to include information and project changes reflected in the EFH assessment. Form DCM MP-1 5d. The filling of open waters is a development activity. The purpose of the filling is for the development colonial bird nesting habitat. Form DCM MP-2 I a. Answer with estimate of cubic yards to build out proposed island. 4a.(ii) Provide answer. 4a(iii) Provide answer. 5a. Describe side slopes of island design. 5d. Give brief description on equipment (dredge pipe and bulldozer) will be put in place to the island. I am available to discuss this project and application further and to answer any questions so please do not hesitate to call me at (252) 948-3854. Ms. Lyn Hardison will be your point of contact to set up another recommended scoping meeting and her phone number is (252) 948-3842. Sincerely RECEIVED Steve J. Trowell Coastal Management Representative MAR 2 8 2018 Jonathan Howell— District Manager, DCM, Washington Regional Office DCM- MILD CITY Raleigh Bland — US Army Corps a Engineers, Washington Regulatory Field Office Doug Huggett — Major Permit orator, DCM, Morehead City Anthony Scarbraugh — Divisionntf Water Resources, Washington Regional Office Water Resou, ENVIRONMENTAL G] -- 20 March 2018 COASTLAND TIMES PO Box 400 Manteo, North Carolina 27954 Attention: Legal Advertising Department ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director RECEIVED MAR 2 8 2018 DCM- MHD CITY Please include the enclosed Notice of Filing in the Public Notice section of the March 25, 2018 edition of your newspaper. If it will not be possible to include this notice in that edition, or if you should have any questions about this notice, please call me as soon as possible at 948-3820. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to: Thank you. ATTACHMENT Cc: File Melissa Sebastian NCDEQ COASTAL MANAGEMENT DIVISION 400 COMMERCE AVENUE MOREHEAD NC 28557 252-808-2808 ext. 229 Sincerely � / \ Portia Peaden, Secretary Division of Coastal Management �NOt}IlIL9 GOr1�ar'G4��. SnuofNort6Cud= Enxim aal Qaabw Cm tal Manig mmt 943warhio{ton Sqw*.%tall Qi.hinp N;C27939 2529466491 i NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT RFceiv eo MAR 2 8 2018 OCM, MHD CITY The Department of Environment and Natural Resources hereby gives public notice as required by N.C.G.S. 113A-119(b) that an application for a development permit in an Area of Environmental Concern as designated under the Coastal Area Management Act (CAMA) was received on 19 March 2018. According to the said application submitted by the North Carolina Wildlife Resources Commission, applicant proposes to fill an area (+24 acres) on an existing shoal to create a sandy upland island for colonial bird habitat using dredge spoil from maintenance of nearby navigational channels including those authorized by CAMA/Dredge and Fill Permit 129-16. Project is located inside Hatteras Inlet adjacent the east side of the inlet gorge 1.2 miles northwest of Ocracoke Island in the Pamlico Sound, Dare County, NC. A copy of the entire application may be examined or copied at the office of Jonathan R. Howell, District Manager, Washington Regional Office, 943 Washington Square Mall, Washington, NC, during normal business hours. Public comments received by 14 April 2018 will be considered. Later comments will be accepted and considered up to the time of permit decision. Project modifications may occur based on further review and comments. Notice of the permit decision in this matter will be provided upon written request. Please publish on: 25 March 2018 Steve Trowell, Field Representative Coastal Management Representative NC Division of Coastal Management 943 Washington Square Mall Washington, NC 27889 N(1'1'IC1: CAMA PERMIT APPLIED FOR 0 cl A COMMENTS ACCEPTED THROUGH APPLICANT: FOR MORE DETAILS CONTACT 6a WAS " W / l!1l, -6G COm •-r, i SSi ril n� CC •ourl-71"AWSM43-ITMA 4. North Carolina Wildlife Resource Commission 20 March 2018 Page 2 of 2 An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Enclosure Sincerely, Steve Trowell Coastal Management Representative Division of Coastal Management Washington Regional Office RECEIVED Cc: Greg Bodnar - Assistant Major Permit Coordinator WARO MAR 2 8 2018 DCM- MHD CITY I Coastal Management ENVIRONMENTAL QUALITY 20 March 2018 North Carolina Wildlife Resources Commission Ms. Sara H. Schweitzer 1722 Mail Service Center Raleigh, North Carolina 27699-1722 Dear Ms. Schweitzer: REcelkeb AN R 2g O20 18 cM, MN4D c/ ROY COOPER Governor MICHAEL S. REGAN semiwy BRAXTON C. DAVIS Director The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of property located inside Hatteras Inlet adjacent the east side of the inlet gorge 1.2 miles northwest of Ocracoke Island in the Pamlico Sound, Dare County, North Carolina. It was received on 19 March 2018, and appears to be adequate for processing at this time. The projected deadline for making a decision is 2 June 2018. 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. Steve Trowell, Field Representative for the Division of Coastal Management is responsible for processing your permit and he can be reached at 252-948-3854 or via email at steve.trowell@ncdenr.gov, if you have any questions. If this agency does not render a permit decision within 70 days from 19 March 2018, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-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 og your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property, or at a point along the road right -of --way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. Sn"OfNonh Cardiac Ea%i�a[al Quality Caanl Nbnne mt 9A3W.hi,=S,=..%fall niahintw,.,C27SS9 :5.9i66+31 a_ '.a Coastal Management ENVINONHENTAL OUALITY 2 October 2017 Ms. Sara H.,Schweitzer Coastal Waterbird Biologist North Carolina Wildlife Resources Commission 106 Ferret Run Lane New Bern, North'Carolina 28562 Dear Ms. Schweitzer: ROY COOPER ratan," MICHAEL S. REGAN ,Somian BRAXTON C. DAVIS bireclor This letter is in response to your recent submittal of a draft Major CAMA/Dredge and Fill permit application for the construction or restoration of "DOT Island" using dredged"material generated from the maintenance of nearby navigational channels. DOT Island is located inside Hatteras Inlet adjacent the east side of the inlet"gorge in the Pamlico Sound near Hatteras Village, North Carolina, I have reviewed ,the application package as well as the draft EFH Assessment for this project. I also visited the site on 20 September2017. Based on a review of google earth imagery and my 20 September site: visit it appears -the island has.experienced significant erosion since our 25 April" 2012 scoping meeting. The island no longer has any highground and is vegetated entirely with Spartina alterniflora (smooth cordgrass) except fora - barren sand over wash area on the southeast facing shoreline. This is most likely a result of increasing ocean swell reaching the island during storm events such as Hurricane Mathew in October 2016. Also, discrepancies in the application package noted below, make it difficult to fully evaluate the proposed project. Please update the written application and plat work with the current site conditions. Since the project as designed would have impacts to the Spartina alterniflora marsh presently located on site; I would recommend we set up a full scoping meeting to discuss this project to develop project that would limit the impacts to this marsh and accomplish the goals of the Wildlife Resource Commission. This meeting will assist in updating the information required in the application and on the work plats and may prevent future permitting issues due to resource agency concerns. However, I have reviewed the application in its current state and offer the following comments. Overall Data shown on the plan view and cros's sections should match data reported in the written application and project narrative. The size of the area to be filled is reported differently in Figure 2 (18 acres), the written application (12 acres) and in the project narrative (19.25acres). The use of aerial images to generate plan views should use the latest imagery available as practicable due tolhe dynamic changes to the island's topography. Figure or plats should have a title block that includes a title, sheet or figure number, a date and author such that it is identifiable for later reference in the CAMA/Dredge and Fill permit. The narrative and written application should describe how heavy equipment such as a bulldozers or equipment such as dredge pipes will be transported and deployed across the broad expanse of shallow shoals adjacent to the project area. Any site investigation(s) that were conducted to determine the presence of shellfish or /'Nothing Compares 5 ute of \ath Cuolina I Emimnnx.wal Qtality I Cavaul Management 933 WuhitytonS q=a \fall I Wahin,ton,NC 27SS9 2329a664S] Ms. Sara H. Schweitzer Draft Major CAMA/Dredge and Fill permit application 2 October 2017 Page Two SAV should be mentioned as well as the methodology that was used. Figure 2 in the CAMA/Dredge and Fill application and Figure 3 in the EFH assessment are mapped as SAV. This is most likely an area of submerged marsh peat as the tidal currents and wave energy, are too high to support SAV. This same area in the EFH assessment is contrarily described as an eroding marsh shoreline. This area of marsh shoreline is located within the proposed fill area and should be a quantified impact reported in the application -package.. Based on my site visit, the entire island is a homogenous stand of Spartina alterniflora marsh and the conflicting site condition reported in the narrative cover letter and the EFH assessment may be an artifact resulting from the EFH assessment being written after more recent site investigations. The EFH assessment states that Spartina alterniflora will be planted on the southeast facing shoreline and the narrative cover letter states that there will be no planting of vegetation. It appears that the narrative cover letter should be updated to include information and project changes reflected in the EFH assessment. Form DCM MP-1 5d. The filling of open waters is a development activity. The purpose of the filling is for the development colonial bird nesting habitat. Form DCM MP-2 Ia. Answer with estimate of cubic yards to build out proposed island. 4a.(ii) Provide answer. 4a(iii) Provide answer. Sa. Describe side slopes of island design. 5d. Give brief description on equipment (dredge pipe and bulldozer) will be put in place to the island. I am available to discuss this project and application further and to answer any questions so please do not hesitate to call me at (252) 948-3854. Ms. Lyn Hardison will be your point of contact to set up another recommended scoping meeting and her phone number is (252) 948-3842. Sincerely 9Zs Steve J. Trowell Coastal Management Representative Jonathan Howell — District Manager, DCM, Washington Regional Office Raleigh Bland — US Army Corps of Engineers, Washington Regulatory Field Office Doug Huggett — Major Permit Coordinator, DCM, Morehead City Anthony Scarbraugh — Division of Water Resources, Washington Regional Office MASOR PIERMIFT 114,E 1bRA';i'MX RECEIVED MAR 2 8 2018 A2troH=1Mc, { selecdon ;j Development Type Pee DCU % H DWQ % j (14300 16014351000931626 6253) (243001602 435100095 2341) development that does not ; $250 100% ($250) 0% ($0) involve the filling or excavation of any wetlands or open water areas: F II. Public or commercial development that does not $q.00 100% ($400) 0% ($0) involve the filling or excavation of any wetlands ; or open water areas: u l Major Modification to a $250 100% ($250) 0% ($0) CAMA Maior Dermi4 involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A, 111(A). Private, non - El commercial development, if $250 100% ($250) 0% ($0) General Water Quality Certification No. 3490 (See attached can be a lied: III(B). Public or commercial development, if General $400 100% ($400) 0% ($0) Water Quality Certification No. 3490 (See attached) III(C). If General Water Quality Certification No. $400 60% ($240) 40% ($160) 3900 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or III(D). If General Water Quality Certification No. $400 60% ($240) 40% ($160) 3900 (see attached) cannot involves the filling and/or $475 60% ($285) 40% ($190) excavation of more than one acre of wetlands and/or open water areas: OCP AP DOCUMENT PAYMENT GEN1"Flnl- INFQRMnTIO;! NEXT. FUNCTION: ACT 14ON: HISTORY: BROWSE: PAY ENTIT';' 1 VEND/EMP NBR: VEND/E-MP -SHORT HONE: -E-.; DOCUMENT NBR: DOCUMENT PAYMENT NBR: tqn ril.111UM r, SALES T('-' -Vi-r VAT INCLUSIVE SALES 2 EXPENSE IND SALES TA:<: GL EFFECTIVE A FREIGHT EXTRACT DATE RDD1710HPL MST ACCRUAL CANC GROSS M".1010E PAYMENT f-it-l0Ul!T A M 0 U H T Pr'; T D, PAYMENT i E RM S PO.YME!J-,, PAYMENT POUTE J--0 PEA'1301,11 475,00 CURRENCY CODE 475.00 DISCOUNT TYPE 475-00 DISCOUNT TAKEN PAYME14T STATU'S NE-1 11MMEDIHIELY PAYMENT REF NBR' Of -I L' I I -, Of 7 8.1 PAYMENT TYPE L f,1 T HANDLING CODE ONE INVC PER PYMT BANK ACCT PYH-i 06/023 —This is a word processing form to be completed in Microsoft Word" RECEIVED NoZ Division of Coastal Management MAR 2 8.2018 Major Permit Application Computer Sheet (02/15/2010) nrM_ MHD CITY Applicant: Date:326/2018 Project Site County Staff: District: DElizabeth City NWashington UL rr ❑Morehead City ❑Wilmington Project Name: Rover File: Date application "received as complete' in the Field office (EX: 1/82007): Permit Authorization: XCAMA Wredge & Fill XBoth SITE DESCRIPTION/PERMIT INFORMATION PNA: ❑Yes ZINo Photos Taken: Yes No[] Setback Required (riparian): ❑Yes No Critical Habitat: ❑Yes NO ❑Not Sure 15 foot waiver obtained: Yes ❑No 114 Hazard Notification Returned: ❑Yes ONo SAV: ❑Yes JCNo ❑Not Sure Shell Bottom: LJYes No ❑ Not Sure Temporary Impacts: ❑Yes jffNo Sandbags: ❑Yes KNo ❑ Not Sure Did the land use classification come from county LUP: [ZYYes ❑No Mitigation Required (optional): ❑Yes 2Wo Moratorium Conditions: Yes ❑No ❑NA Environmental Assessment Done: ❑Yes ZNo ❑NA SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) I ❑ Swamp Waters (SW) High Quality Waters (HQW) ❑ Outstanding Resource Waters (ORW) WETLANDSIMPACTED ❑ (404) Corp. of Engineers (Jurisdictional El (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort ( Salicomia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) El (SA) Salt marsh cordgrass (Spartina ❑ (SY) Salt reed grass (Spartina altemiflora) cynosuroides) ❑ (DS) Salt or spike grass (Distichlis ❑ (SC) Bullrush or three square (Scirpus ❑ (TY) Cattail (Typha sp.) spicata) Sp.) ❑ (JR) Black needlerush (Juncus ❑ (SP) Salttmeadow 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; 3490 can't be applied - $400 ❑ Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major A 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; 3490 can be applied - $400 ❑ Major development extension request - ❑ II. 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; 3490 can be applied; DCM needs DWQ agreement - $400 252.808-2808 :: 1.888-4RCOAST :: w mccoastalmanaaement.net revised: 02/15/10 NC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 3) Applicant'-'6/G a4 L Date: 3/26/2018 RECEIVED MAR 2 8.2018 DCM- MHD CITY 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 l I New Work Maint ❑ Replace ❑ Y❑ N / New Work T7 Replace 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 New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace 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 New Work 0 Replace 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 revised 02(ISMO NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 3) Applicant: V4 WA L Date: 326/2018 Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. Habitat Name DISTURB TYPE Choose One TOTAL Sq. Ft. (Applied for. Disturbance total includes any anticipated restoration or tempacts FINAL Sq. Ft. (Anticipated final disturbance. Excludes any restoration and/or temp impact amount TOTAL Feet (Applied for. Disturbance total includes any anticipated restoration or tempimpacts) FINAL Feet (Anticipated final disturbance. Excludes any restoration and/or temp impact amount / Dredge [I Fill Both El Other ElI ((im'� Gp-l&Z Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ RECEIVED MAR 2 8 2018 DCM- MHD CITY 252.808.2808 :: 1.8884RCOAST :: www.nccoastalmanagement.net revised: 02/15/10 RECEIVED MAR 2 S 2018 DCM- MHD CITY PROJECT INFORMATION. EXISTING ISLAND: 5 ACRES Prepo/M 1, ih 0!/Itt d: DIVISION OF HIGHWAYS 113 Ail-, Dr, Ed-,.. NC 3193E PROPOSED FILL AREA: 20 ACRES S. H. SCHWEITZER, Ph. D. I +'EDIEG/ uvu f TOTAL PROPOSED AREA: 25 ACRES D.H. ST_AWNGS DESIGN 1MGpW. SIGT'ARRE: J RECEIVED MAR 19 2018 DCM-WARO Figure 1. Location of DOT Island/ project area, Hatteras Inlet, Hatteras Island, and Ocracoke Island within the barrier islands of the Outer Banks, North Carolina. 9 Figure 2. Historical shorelines of Hatteras and Ocracoke Islands (2002-2012) at Hatteras Inlet. DOT and Cora June Islands Nvere created from material dredged from navigation channels in the inlet management area, includin5 the Connector Channel and Hatteras -to -Hatteras Inlet Channel. Original figure from NCDOT (2016). RECEIVED MAR 19 2o18 DCM-WARD ••••• ;zoos 9}a 240 a §' w•wiiiisN•�a i i 2002 .%1996 d� r H Y W.sZ'. L.'N�siNSXiw3vn:.�. RECEIVED MAR 2 S 2018 DCM- MHD CITY RECEIVED MAR 19 2018 DCM-WARO 4M1IGIN2: A NC NIlOE1FE M50U0.GES COMMISSION fWRR ENGNFEf S.N.SUWEIIx9,fk0. F@. _ IROI[R REff4ENGF y+SEx F*1 MAYR1 FY: D.X.SLUYNOS. NCOOi gVli ON OF NiFXNAIS 1 ouww0 DATe xe NOVENSF xo x IUN I xstq p�,� I �i j r 1.�." - DOT ISIAND REPLENISHMEM 3 ANWY M1f1 MYO0.0u. C. 19 NlY xPi6 = � (5 'j E61Ew® m` CHANNEL PRISM LINE roroc me tAuwslme ,ZyZ P i.F2 PERIMETER CONSTRIlOrlONPLAN Aw t„ OF MARSH 10 1 F�10 1 110 1 z ! L L ,ar PiEw.t. O 2 p 1 I 2 TEMPORARY BERM DETAIL EXISTING ISLAND AREA: 5.0 ACRES PROPOSED FILL AREA: 20.0 ACRES TOTAL PROPOSED AREA: 25.0 ACRES ���_ • � ¢ =e ' '� ' �, PAMLICO SOUND _ PAMLICO SOUND TEMPORARY SILT FENCE (AS NECESSARY) q! o- \ i x 1fc 'EmP i T4BfRM _ APPROXIMATE 19' MLLW ° I' < FINISHED GRADE LINE ��! _ 0B APPROXIMATE 4'MLLW FINISHED GRADE LINE Y / I NOTES: L ALLDREDGED IMTERRLSHALL BEPLACEDBYCOWROLOFEFFLUENTMIRiCTING ,V + L V�f � 1 i; Q dv THE nOWAWAY FROM THE CHANNEL DIRECTLY TO THE WEST AND AWAY FROM •yT ° xM1 /� S8 'if r .D '1 THE EXISTING MARSH AREA .\; t I �] !` 11 J i 9% �+ ° UjT' 2- MAXIMUM ELEVATION OF DISPOSALAREA SHALL NOT EXCEED,19P MLLW. 4>•<\°\ tti t Q �y \\ O S WHERE THE EMS TING SLOPE ABOVE O'MHW IS STEEPER THAN 10H:1Y,LONTRACTOR SHALL y GRACE E%(STING SLOPE AND PLACE FILL TO FLATTEN THE SLOPE TO IDHAV. a. DATE OF TOPOGRAPHIC SURVEY: 3AUGU5T 20i6\ AEt �,� i PROPOSED 4p_, DATE OF HYDROGRAPMC SURVEY: 15 JULY 2018 +A y' II - ` r'J 191 �'T `\ \ 1ry'' n r FILL \ Zd S. HOR60WAL DATUM: HAD 1983 r't�,CY. i./ O ?ie \ \\'Y LS,I I f\ 20+A _ 6. VERTICAL DATUM FOR CONTOURS SHOWN; MEAN LOW LOW WATER IMLLYQ. tSki *;,} l - 1 I f > 1I 11 \• `. T. THE CONTRACTOR SHALL NOT AT ANYTIME PLACE MATERIAL OR ALLOW ANY EQUIPMENT TO CROSS OR ENCROACH IWO THE MARSH AREA 4198 1. n• F M` ` _ p \ -° 8. ALLOOSTB FOR WORK AT D.O.T. ISLAND SHALL BE CONSIDERED INCIDENTAL TO AND INCLUDEDx, 1 Sltl \ •P'" \ + 4 IN THE COST FOR DREDGING. j \ , N4 i 1 " S. THE CONTRACTOR MAY USE MULTIPLE DISCHARGE POINTS TO ENHANCE MOUNDING OF DREDGED i\( S. N r \II "1 NATERMLINTHEFILLAREA.THE CONTRACTOR SHALL SUBMIT A DISPOSAL PLAN FOR THE IZV,-` \ M1✓{' \` 1 CONTRACTING OFFICER'S APPROVAL." 10. OF UNITS SOFCONSTRCTION HE SHLLSTINGD 5ACRES BOVE3' IGBAORES.THE FOOTPRINT `��''��¢¢rr.1.h r 1 1 S 1 1 jJ OF LISPOSA CONSTRUCTION SHALL NOT EXCEED25 ACRES ABOVE O'MHW FOLLOWING COMPLETION t41 yt OF DISPOSAL OPERATIONS. ` 11, THE ESTIMATED FILL CAPACT'WITHIN THE OMITS OF THE FILL AREA 15569,45E CU.YOG. THEINTFMOF +Y I B THIS PROJECT R TO PUCE A SUFFICIENT AMOUNT OF DREDGED MATERMLON D.D.T.ISLANO TO PROVIDE �I A 1 11\ E THE MAXIMUM FILL HEIGHT AND FOOTPRINT ALLOWED. F l \A I 1E 1 12. CROSS SECTIONS AN AND B-B SHOW MAXIMUM ALLOWABLE DIMENSIONS AND SIDE SLOPES �°tI ` j''t' IPOPARY M SCALE: 1"+100' 1 ` ,• ` t - <„�. i } i% , SEEDETAILR 200- low 0 IN 20G Soo \`I�1._ tt, �. 11 1 if u•'/1�� 1 \ t5 —w_ 'um""°N �Nzm 25 ''' I `xi\ `'. •! 25 fug — ----- __ u w L-- _ _ �\ �., w 15 _ V _ I- - 20 g p2 _ _lrm" I _ 20 1 _ _ _ w 15 t - L I 1 L _ t 1 � 15 Y' \ _ L L i 1� L 1 s 10E I _ 1. t 115 t 1 _ - ID 1 `[ _1p _ 1L 1rL 1.. 1 r_. 1S 2 1 a0 Z I 1 1 - a0 _i_ L _=L-�`_ _ 1wnL _ SSt�6 .., N\ D _ _� L. _.. L _L_-L1- n S S r r L L L r LL_ p _ ___ ____ ___ __i __�. _CHANNEL PRISM LINE a L ___L ___ ___ _____ ___ t L w 50.00 1+00 2+00 0+00 4+00 - 8+00 Sw0 7+00 8+00 9+W 10.•00 11+W 12+00 5 Q 0+00 1-00 2+00 3+0 4+00 5+00 6+00 7+00 5+00 5+00 IGHM 11-00 12+00 CROSS SECTION A -A CROSS SECTION B-B Figure 4. Proposed placement of dredged material within original footprint of DOT Island. Cross sections show proposed slopes and temporary berms. Material will be discharged from the discharge pipe into the center of the 20-acre fill area, in a manner to protect existing marsh habitats. Turbidity curtains and berms would be used, if needeed, to contain material within the project area. A temporary silt fence will be installed to provide further protection to marsh vegitation. N[ WLLOIIIE EE WKES COMWSAON EEDACT BIGIMEL SNSCNWtlSRIL IA.G. DMSm m: or. Nuurvcz-Ncoor P«isoN of McrxAn WWG WR: 361uNMY INY'}9-IM SIPVFY WR: NYgIOGIWMK.E19 NLY 32 0 EMMD ry. oroGMnno w AucusT:SM D/SCHARGEPLAN PAMLICO SOUND NOTES: L ALL DREDGED MATERIAL SHALL BE PLACED BY CONTROL OF EFFLUENT, DIRECTING WE FLOW AWAY FROM THE CHANNEL DIRECTLY TOTHE WEST AND AWAY FROM THE EYJSTING MARSH AREA 2. THE CONTRACTOR SHALL NOT AT ANY TIME PLACE MATERIAL OR ALLOW ANY EWIPMENT TO CROSS OR ENCROACH INTO WE MARSH AREA 3. THE CONTRACTOR NAY USE MULTIPLE DISCHARGE POINTS TO ENHANCE MOUNDING OF DREDGED MATERIAL IN THE FRL AREA. THE CONTRACTOR SHALL SUBMMA DISPOSAL PUN FOR THE CONTRACTING OFFICER'S APPROVAL 4. THE APPROPMATE AREA OF THE UISTING LSUNDAT 0' MM M' MLLM IS 5 ACRES. THE FOOTPRNT OF LIMITS OF CONSTRUCTION SHALL NOT EXCEED 25 ACRES ABOVE O' MHW FOLLOWING COMPLETION OF DISPOSAL OPERATIONS. 5. THE ESTIMATED FILL CAPACITY WITHIN THE LIMITS OF THE FILL AREA M 569,45TH E CU. YOS. E INTENT OF THIS PROJECT IS TO PLACE A SUFFICIENT AMOUNT OF DREDGED MATERIAL ON D.O.T.ISLAND TO PROVIDE WE MAXIMUM FILL HEIGHT AND FOOTPRINT ALLOWEO. S. DISCHARGE PUN MAY VARY SLIGHTLY ACCORDING TO CONTRACTOR PREFERENCES AND CAPABILITIES. DISCHARGE PUN SHALL BE APPROVED BY WE APPROPRIATE AGENCIES BEFORE WORK MAY BEGIN. PS ,ARGE PWE FRL MATERIAL CROSS SECTION VIEW V� V �� / �V OPE gS WAT P MARSH '(DISCHARGE PROHIBITED) /18UND ANC ISTING A. TEMPORARY — SILT FENCE (AS NECESSARY) PERIMETER OF MARSH PAMLICO SOUND J TFMp0 S Z T, QfRM / O SIN G DISCHARGE Y DISPERSAL Y`. DEVICE 93DUNA Frc <—RC, G wDS1- 4� 1 _� ISe _{• Vis (NO DISCHARGE) UP I \ o.9R wm wM wm am S:e'S �' TEMPORARY END VIEW BERM DETAIL \ s y\\ EXISTNG ISLANp ARFA: SA ACRES •I PROPOSED FILL AREA: 20.0 ACRES I TOTAL PROPOSED AREA: 25.0 ACRES APPROXIMATE 4'MLLW FINISHED GRADE LINE DISCHARGE I PIPE PROPOSED FILL 20!AP TEMPORARY@ERM SEE DETAIL SCALE; I- :Tar 20tl 100' 0 100 200 300 Figure 5. Proposed plan for discharge of dredged material within original footprint of DOT Island. Cross sections show the discharge pipe placing dredged material into fill area. Material will build a dome area that can later be approached by a barge to unload equipment to manipulate the island. Approach to the project area will be done to avoid sensitive habitats and according to wind and tide conditions. Turbidity curtains would be used as necessary to contain the material within the project area. Fkec e\\JED APR l9 2018 DGM W PRC RECOVED MAR 2 8 2018 DCM- MHD CITY m m S/LTFEIVO,EL7ETA/L RECEIVED MAR 19 2018 DCM-WARO NOTES USE WIRE A MINIMUM OF 32"IN WIDTH AND WITH A MINIMUM OF 6 LINE WIRES WITH 12" STAY SPACING. USE FILTER FABRIC A MINIMUM OF 36" IN WIDTH AND FASTEN ADEQUATELY TO THE WIRE AS DIRECTED BY THE ENGINEER. PROVIDE 5'-0" STEEL POST OF THE SELF -FASTENER ANGLE STEEL TYPE. CONTRACTOR SHALL UTILIZE SILT FENCE TO ENSURE NO EFFLUENT IS DEPOSITED INTO EXISTING MARSH AREA OF D.O.T. ISLAND DURING THE REPLENISHMENT PROJECT. SILT FENCE LOCATION MAY VARY SLIGHTLY FROM DISCHARGE PLAN DUE TO CHANGING FIELD CONDITIONS. TOP AND BOTTOM STRAND - SHALL BE 10 GAUGE MIN. WIRE FILTER FABRIC COMPACTED FILL i- B' MAX. WITH WIRE y (6' MAX. WITHOUT WIRE) I MIDDLE AND VERTICAL WIRES SHALL BE 121¢ GAUGE MIN. FILTER FABRIC POST - 2'-0" DEPTH EXTENSION OF FABRIC AND WIRE INTO TRENCH Figure 6. Details of silt fence to be installed to protect existing marsh from placement of dredged material in project footprint. ft RECENED MAR 2 8 2018 DCM- MHD CITY PROJECT INFORMATION. EXISTING ISLAND: 5 ACRES pl:'i 111 /k Wl{ G. DIVISION OF HIGHWAYS 113 Ai,-, Dy Ed-,.. NC 3I.Z PROPOSED FILL AREA: 20 ACRES S. H. SCHWEI7ZER, Ph. D. 1 TOTAL PROPOSED AREA: 25 ACRES D.H. STAW NGS 3hl,R� J Figure 1. Location of DOT Island/ project area, Hatteras Inlet, Hatteras Island, and Ocracoke Island within the barrier islands of the Outer Banks, North Carolina. RECEIVED MAR 19 2018 DCM-WARD u Figure 2. Historical shorelines of Hatteras and Ocracoke Islands (2002-2012) at Hatteras Inlet. DOT and Cora June Islands were created from material dredged from navigation channels in the inlet management area, including the Connector Channel and Hatteras -to -Hatteras Inlet Channel. Original figure from NCDOT (2016). RECE1ve® MAR I 2016 p .0 W PAO RECEIVED MA,,R 2 8 2018 DCM- MHD CITY un. er S/L TFE1V0EDE74/L USE WIRE A MINIMUM OF 32"IN WIDTH AND WITH A MINIMUM OF 6 LINE WIRES WITH 12" STAY SPACING. USE FILTER FABRIC A MINIMUM OF 36" IN WIDTH AND FASTEN ADEQUATELY TO THE WIRE AS DIRECTED BY THE ENGINEER. PROVIDE 5'-0" STEEL POST OF THE SELF -FASTENER ANGLE STEEL TYPE. CONTRACTOR SHALL UTILIZE SILT FENCE TO ENSURE NO EFFLUENT IS DEPOSITED INTO EXISTING MARSH AREA OF D.O.T. ISLAND DURING THE REPLENISHMENT PROJECT. SILT FENCE LOCATION MAY VARY SLIGHTLY FROM DISCHARGE PLAN DUE TO CHANGING FIELD CONDITIONS. TOP AND BOTTOM STRAND - SHALL BE 10 GAUGE MIN. WIRE FILTER FABRIC COMPACTED FILL '-8' MAX. WITH WIRE --- (6' MAX. WITHOUT WIRE) i MIDDLE AND VERTICAL WIRES SHALL BE 121t GAUGE MIN. FILTER FABRIC ��STEEL i.. I. EXTENSION OF FABRIC AND WIRE INTO TRENCH [I] Figure 6. Details of silt fence to be installed to protect existing marsh from placement of dredged material in project footprint. m D/90H.4RGEPLAN PAMLICO SOUND NOTES: f. ALL DREDGED MATERIAL SHALL BE PLACED BY CONTROL OF EFFLUENT, DIRECTING THEFLOW AWAY FROM THE CHANNEL DIRECTLY TO THE WEST AND AWAY FROM THE EMSTING MARSH AREA. 2 THE CONTRACTOR SHALL NOT AT ANY TIME PLACE MATERIAL OR ALLOW ANY EQUIPMENT TO CROSS OR ENCROACH IWO THE MARSH AREA S. THE CONTRACTOR MAY USE MULTIPLE DISCHARGE POINTS TO ENHANCE MOUNDING OF DREDGED MATERIAL IN THE FILLAREA. THE CONTRACTOR $HALL SUBMIT A DISPOSAL PLAN FOR THE CONTRACTING OFFICER'S APPROVAL 4. THE APPROXIMATE AREA OF THE EXISTING ISLAND AT 0MHW (6' MLLW) IS 5 ACRES. THE FOOTPRINT OF LIMITS OF CONSTRUCTION SHALL NOT EXCEED 25 ACRES ABOVE 0' MHW FOLLOWING COMPLETION OF DISPOSAL OPERATIONS. 5. THE ESTIMATED FILL CAPACITY VATHIN THE LIMITS OF THE FILL AREA IS 569,456 CU. MS. THE INTENT OF THIS PROJECT IS TO PLACE A SUFFICIENT AMOUNT OF DREDGED MATERAL ON D.O.T. ISLAND TO PROVIDE THE MAXIMUM FILL HEIGHT AND FOOTPRINT ALLOWED. 6. 013CHARGf PUN FLAY VARY SUGHTLYACCORDING TO CONTRACTOR PREFERENCES AND CAPABILITIES.DISCHARGE PUN SHALL BE APPROVED BY THE APPROPRIATE AGENCIES BEFORE YIORK MAY BEGIN. MATERIAL CROSS SECTION VIEW PERIMETER OF MARSH PAMLICO SOUND ti TEMPORARY Q SILT FENCE F(AS NECESSARY) do a \ L T�SfERARy\ L) ORTAILERM OPEN MARSH '(DISCHARGE PROHIBITED) EXISTING ISLAND St A. I DISCHARGE DISPERSAL DEVICE pSDA#i Px Rat Lf MTFRN. L- G �(�S71NG IS(gND' ; 2 2 (NO DISCHARGE) L�itl, TEMPORARY BERM DETAIL END VIEW EXISTING ISLAND AREA: SA ACRES OL, PROPOSED FILLAREA: 20.0 ACRES Y TOTAL PROPOSED AREA: 25.0 ACRES DISCHARGE PROPOSED FILL 20!AP TEMPORARY 6 RE M SEE DETAIL 11 %PPROXIMATE 4'MLLW FINISHED GRADE LINE SCALE: P:IW 200' IN, 0 TGa 200 no Figure 5. Proposed plan for discharge of dredged material within original footprint of DOT Island. Cross sections show the discharge pipe placing dredged material into fill area. Material will build a dome area that can later be approached by a barge to unload equipment to manipulate the island. Approach to the project area will be done to avoid sensitive habitats and according to wind and tide conditions. Turbidity curtains would be used as necessary to contain the material within the project area. RECEIVED MAR 19 2018 DCM-WARD RECEIVED MAR 2 8, 2018 DCM- MHD CITY 'a ec qeD MAR 19 Zp\� �GM�VJ PRo +1NUM: NC NINYFE eESOYKES CDMW5510M I OMWN eY ON. 1ROIKl e1NGl1'IFFM1 RNYNGS _ NCDOT DNOFOH OF NIpKNA S.N AS�GY, N -._ -- ROACF MSN VFC AMR W. uAwac OME xe Novewea z n lAn : zs:B +`I/[ /: •. j �(k .. OUT 15UND REPLENISHMENT 3SWE- aWW wTB: Nroaoewxc zv vR zme Toeocunucw.zwusrzma J CHANNEL PRISM LINE . •.,A 1 1 X. ' )1E0rc ° PERIMETER CONSTRUCT/ONPLAN � � OF MARSH 6 ^'�.'`. i ,✓ 1' �=Q j ,' ; `\ PAMLICO SOUND PAMLICO SOUND ~�' TEMPORARY �e�\y i 1 - I -. s. SILT FENCE ^ 1 1� y�. 'AS NECESSAR Rto 110 Az A > o '..YSEEOETq BERM I - APPROXIMATE 19' MLLW A w .z--,,.-1 - - - ' -z -':e2, / r _ U.�!/ „ 1 _ L� FINISHED GRADE LINE 'a --I---- 1'-----1.-rTs z' .`s.al�i lOQ- B ;ii i .:\ V; .. 0«DO D,xO ONTO M60 0,30 t+00 ':/ p 1 1.1 TEMPORARY BERM DETAIL Ov ° FINISHED APPROXIMRADEATE R EXISTING ISLAND AREA: 5.0 ACRES � O PROPOSED FILL AREA: 20.0 ACRES T TOTAL PROPOSED AREA. 25.0 ACRES - Yp Ai / / z N NOTES L - / t ALL DREDGED WTERW.SHALL BE PLACED BY CONTROL OF EFFLUENT, DIRECTING X, + {r !' J THE FLOW AWAY FROM THE CHANNEL DIRECTLY TOME WEST AND AWAY FROM C.1 1 0. ��' THE EXISTING MARSH AREA. Y' 1 tt 8F ?➢i '1\ IMAXIMUM ELEVATION OF DISPOSAL AREA SMALL NOT EXCEED+190-MLLW, yY 1 �'YT/ La ! � 0 3.WHEP-THEEMSTING SLOPEABOVE P MHWI$STEEPERTUIN IGHAV,CONTRACTOR SHALL O\kY /S. DA GRADEEXISTING SLOPE AND PLACE FILL TO FATTEN THE SLOPE TO 10HAV. } A DATE OF iOPOGRAPHIt SURVEY: ]AUGUSTa01e 1 1, �.. '1 ,I4; p\ }e �° ~ _/� PROPOSED DATE OF HYDROGRAPNC SURVEY: 19 JULY MI 6 jPp II JJ \ '1' S FILL ` ZA 5. HOR60MAL OANM: HAD 199] 54\F y 1 /� 0If' ?7. T, 20t A. A. VERTICAL DAMN FOR CONTOURS SHOWN: MEAN LOW LOW WATER (MUM. Sq'Q. I, T. TO CAMCONTRACTOR SMALLENCROACH INTO TAT THE M TIME PALEIMTERLLL ORALLOWANY EQUIPMENT }�4r p TO CROSS OR ENCROACH IHTO THE MARSH AREA T� A�.9B 1 A. ALL COSTS FOR WORM AT D.O.T. ISLAND SHALL BE CONSIDERED INCIDENTAL TO AND INCLUDEDy.y{1' ^ 1 Y IN THE COST FOR DREDGING. �S yt.; II)ti 1' " jj• \ ]_ 4• ] A THE CONTRACTOR MAY USE MULTIPLE DISCHARGE POINTS TO ENHANCE MOUNDING OF DREDGED MATER4L IN EFILLAREA. THE CONTRACTOR SHALLSUBMR A DISPOSAL PAN FOR THE CONTMCTNN OFFICER'S APPROVAL 10. THE APPROXIMATE AREA OF THE EXISTING BANDAT 0'MHW(6' MUM IS 5 ACRES. THEFOOTPRINT �!{, +-�i ;f^ 11 S •wit I OFLIMITS OF CONSTRUCTION SHALL NOT EXCEED II ACRES ABOVE V MHW FOLLOWING COMPLETION OFOISPOSALOPERATIONS. 4 H. THE ESTIMATED ROJECTISTOPCAPACITY CEASWRHIN THE LIMRSOF DREDGED MAERAL N CU.YDS THE INTENTOF tV 1'1 y Y I tl '11 •--a/ �\ B THE PROJECT ISTOFACE AD FOOTPRTgMWNTOF DREDGED NATERIALON O.O.T.ISANO TO PROWOf a J 1 s\ I 1 THE MAXINUM FILL HEIGHT AND FOOTPRINTgLLOWEO 12.CROSS SECTIONS A -A AND B-B SHOW MAXIMUM ALLOWABLE DIMENSIONS AND SIDE SLOPES 1` `:ic 1 \ •y^%') TEMPO A SCALE: V-100' SEE�RY BERM DETAIL 290 1oa' D 100 zoo aoo 1 1 A f3r 25 \J\---- -�.�-=- i_-'-�-/ --�y-1{ rwii'rt: Tj2z5 �35 IFp'F -iu -- -- - - - - -�26 20-to110zOFL ito 30 wtS4 1.-vR1Es -\ - L_ .._ 1 1 it _ z 10_ 1-- ' _l _i5' j-_ l _ - _10 �10 yy L - i10 _ _ _ I L _ L tsi_ .'_l -- -1_ I- o s.1 I _ __i_� L L ` z __ -I - - lab_ -_ to � 5 N O 5 L. �-r- r r r^ r -_L L L _L_ L L_ L __ �1 w 0 L L - CHANNEL PRISM LINE L -L J j , -- D ' a'W"J-F'—r-•-L--I ICJ I I - - --- - M00 oo 5,00 c,D) 7«00 5:00 9+ tM0 xwo aw0 a00 IDWOID,00 IT. �6 `, w swoo tW0 x,W a.00 a.00 s+00 c+00 T«p0 S«DD 9+W t0+a0 i1g0 1x+00 1 Z•\ CROSS SECTION A -A °\` CROSS SECTION B-B Figure 4. Proposed placement of dredged material within original footprint of DOT Island. Cross sections show proposed slopes and temporary berms. Material will be discharged from the discharge pipe into the center of the 20-acre fill area, in a manner to protect existing marsh habitats. Turbidity curtains and berms would be used, if needeed, to contain material within the project area. A temporary silt fence will be installed to provide fiuther protection to marsh vegitation. a O M �2006 X. 5 -*2002 i • a 1996 *14 SIL TFENCEDETA/L r NUTE5 USE WIRE A, MINIMUM OF 32' I$ YIIDTN. ADD WITH A III P) ,IUM OF 6 LINE WIRE$ WITH. 12" STAY SPACING. USE FILTER FABRIC A MIUI1AL$1 OF 30" IN WIDTH ANO FASTEN ADEQU&M) TO THE C`IR£ AS DIRECTED BY TITE ENGINEER. PROVIDE 5-0" STEEL POST OF THE. SELF - FASTENER ANGLE STEEL TYPE. CONTRACTOR SHALL UTILIZE SILT FENCE TO ENSURE I.0 EFFLUENT- IS DEPOSITED INTO EXISTING 41ARSH AREA OF 0.0,1. ISLAND DURING TFic REPLENISH!:ENT PROJECT. SILT FENCE IOCAIION MAY VARY SL-IGHTLY FROM DISCUAF.GE PLAN DOE TO CHA�MNO FIELD. COSOITIONS. I0P ANU .B0110'; STRAND '' SHALL BE TO GAUGE M'IN. f; I WIRE / FILTER FABRIC CQ,IPACTEO FILL. '''333SSS4Y j E to-J + STEEL POST 2` 0' DEPTH EXTENSION OF FA5 iC. XFI=.i 'IRS 110 TRH.N0 — 0, WAX. wITE} vIR£ {fi LLtX-.'GITFi.UT WIFE) i r I+IDDIC ANI3 VERTICAL s+FB.S r` 4H3L4 0E E?Ig Gr"URa MIN, r FILTER FABRIC--r Figure 6. Details or silt fence to be installed to protect existing marsh from placement of dredged material in project footprint. no . KL`4l Cbab. df 5R YI .6 ivG+it 3 �..em .It F.R r2L i ]u!t O/SCHARGEPLAN uat[S PAMLiCO SOUND I ALL PiE4GEi)lt-Li Riau v!ALL C£tY CEp OYCDhiMLCt FTLTEiT. U: ES NS, DIE EI4A,4M1V FRORENM TkWN NZZHDIRECTLY 101NC WEST ARDA-RAY EWA 91N_LDKt3A6[OK RRI LfiDF AikNFT i1 PA YdSER ALLR ALC?N b'Yl E+iQtY=NF tO CROSS OAEXRDALNIi:iD Mb M:.rzS IA A 31 OLE CONTRASTCR T?Y L£: MULDPLE DOC.IRGE MNIS 26 E.NCE MOVI ICI Or O&IUCYI 4ATERiALMTNEVILAftEA THE CON TRACTOR SN.i:LSUMT A C.A:POSRL➢ NFOR 711E CCNPNAOT:NG CFFICER5 APPRESfAt. 1. 1XE APFSCh�YAt£AfiTh Gf iXE£ASHH6YS:A.W AS 661YfjSM1 lW 1S5 ACdh9.. TNEPODIPE!ryY CFG'YIIS DF tONSZCxPAq E'a;Lt M02 EFCE-CYAACPt9 h£C E.'M1+tA1'F LLOt �4'v CCfi CLCtlCrt pF OtAMSAL G?SPJ..NI! S S TM ESINUtEp FRt CAPkCITYPiTHIY THE LMMU THEFIRLAREA 1S a5,4NCV YOS 4EINTENt Of t TSP OPCt 620PLAC AS: FNAFNl A4CtiNT GF CPEp LO NAt Eft1ALGip O.T lStAkp i9 PRClY'CE it it�Y`N4yFfM1LXESC+{i AAF6JTPRiNi➢._LCY£p: E DSCNAAGE Kj%S.TUYARY SLGkTLDBy D'C01SCOALIAE CKNCO, PIOAC WOAKOAPAE:'_IT:Ei. 6CiU0.6E pLAY$Ill{LD£F%p DYE0 BY 1Hfl }PPACRRL.TEAG4NCIE3 P.i R9 Y:OFKAIAY 66C.4. CROSS SECTION VIEW k, 2° y 7 Qi fe AQ �Al f-04 V TEMPORARY - -- SILT FENCE �(AS NECESSARY( .^r lA ryg t t`1 _v 4 f ICi�SCK:RGE J �� - t Pi6:9HiSEDi {J 1 p� t d [}ISDSiG �/i.�t 1 r' y rT y Opt 'k. DISCHARGE fx DISPERSAL` DEVICE IF �i:n+CAM 33J} E \SUNG ESQ%' 4 (NO DISCHARGE) L' , END VIEW C n1r 1 z Via, TEMPORARY BERM DETAIL EAR➢P.S ISLAND AREA: O0ACRES PPOPOSEO RtL AR EA: 20 0 AC RES TOTAL PROPOSED APP.A! ES.O ACRES PERIMETER OF MARSH j, PAMLICO SOUND APPR0XIMATE4 fILLW FINISHED GRADE LINE ,ti 1 IT, DISCHARGE (�j j t� PIPE t ; I. / P R W if E D l No Carolina Environments M nagement Commission D $ion of Water Resources k g Dave SIN nA / PA¢Pfl5�0 23' OC TE.IPORARYaERM SEE DETAIL SCALE: P a 1L0 20Y IPO' 0 ITS 2. ]00 Figure S. Proposed plan For discharge of dredged material within original footprint of DDT island. Cross sections show the discharge pipe placing dredged material into fill area. Material will build a dome area what can later be approached by a barge to unload equipment to manipulate the island. Approach to the project area will be done to avoid sensitive habitats and according; to wind and tide conditions. "Turbidity curtains would be used as necessary to contain the material within the project area. k W Y ... . ... ... .._ - ._. _._._ ...,a_" 1 tuxes tx s. xx .int •.s eA.,o svxt�Nc m .rvl `c+`.: t1 i,9.om%cV Anlnt5_ =r �v p t v . txt.•v E t5 'ca" pis k ___ _ - CHANNEL PR15Fd LINE CONSM110TIONPLAN - TEMPORARY PAMLICO SOUND 'R_ a �' -- SILT FENCE �te.. ...>al. tars,• 1p 1 F E T p 9M p F p } L T p{ }a T 1 O.Ep Epp 6ii9 D•EO p•EB j TEMPORARY BERM DETAIL EXISTING ISLAND AREA 5.0 ACRES PROPOSED FILL AREA: 20A ACRES TOTAL PROPOSED AREA: 2$.0 ACRES NOTES t ALL CREDGED MATERIAL BNALL BE PtA BY SUB f"IVEN, VA,RTYD TINE RIST115AY FROM REE CM.14ti:1..GNLCINV T-0iF3E if25(fNtIAYtAY FftON }IIC E%ISUt^v MARSH RRfA }. MAXIMUM CLEVAIM OF DISPOSAL AREA &WILL NOT EXCEED r13 V M LFO S VA[CRE ME EASTLNO ROPE ABOVE GFx:M LS STEEPER THAN 1M IV, COt11RACF0R SNRtt BRACE EAShNO SLCYE AND PLAt£ FALL TO FLATTEYENE SLOPE to 1CHAV. p I CASE CF tOTCCRAPMCSURYEY; 3AUIUMIZ;1 ' DATE OS NYOBOGRAP,oc SURVEY, 15FULY3011 +� S. nOAIZQ ISti W.tIIM. HAD 1"I 5. VEIFTUIAt CA[Uie FOR COATe URS SHOAri PEAK LOW Nowt AIE£ VALtvo .f L HE CONIRACTOB SHAL.HOT AT ANT TIME PLACE MATERAL OP ALLOW ANY ECUTMEN i Lr! 10 CAMS OR ENCROAtM (?AD INS MAR31I AREA, t 5. ALL COST 5 FOR AVRR AT BAT. ISLAND SHALL BE COH'NDEREO LM1 Tn TO AND INCIUMO U THE UMT FOR CREDDHI D 9.➢{.,E@TMDTNTMAYUSENHEtONRAMOA SHALL RSTOEtIRSdBAL FL INS, O S.tt£R4LLVTMEFICLAREA.h{EAONTtUETGASW.Lt5U641iA0 EOSAt iLAV FOR YN'_ Wli"iACT hG:6i(IEERS APPROVAL to, INS APPPO%VAT2 AREA OF 1NE EVE N-4ISLAND AT SWI;I PLANT, IS 5A REe. THE F00TAFHHT OF LFMOSOF CONVIRIA"OY SHAM NOT EXCEED IS CRM AU0`lE C MNH FOLLONU.G LCh4 UNO% LF D iPO3?L 6PFAATIDVS 11. tM,$PNQEtT 15 FILL CASASU(tPTIC1ETT FYAilNT OF THE FILL nFt'LSHIIGTa Vh%I9 PAOVIUE NYC X.AXM.3la %tt NEl NT"-AND fO07PPINT ALLCVIEO, 13. CROSS SCCT :"A A AHD BB SHUN UFANIUM ALLAWABLC O'NENOAHSAND I ;DE StOPAS �.', 1. - (AS NECESSARY) J•' Y.-' P t B t G, �4 \h 4. r / .5 f ♦+� 1j 1 , f S t 1 4 I K } �t 5 e i Prr t ' t yttar. K t t SERIF • lafi V I 41 '�• 1� I L9 �' me, to;, I 130 101 SW21 10 i t5 11 16 Y� t 11 v 10 YY'''" " fE 2 1S CHANNEL PRISM LINE elm III, i.co lwp Alm E.EO Ilm 7.00 E.Sa 4rtb 10.14 ti�oo N:�SD d" .E CROSS SECTION A -A 0 °' PERIMETER OF MARSH 9.1 rSAtPO S — qugRr, PAMLICO SOUND APPROXIMATE 19'MLLW FINISHED GRADE LINE: r - APPROMMATE 4" MLLW - a ' FINISHED GRACE LINE It N 7O N i N ,5 • t S : PROPOEEC $�- ` }�� FAR. j AP 1 Noah Q Manag i I Vision • 1 DBE S m� J Permit # _ _. 16 ( VV I � 0 8.08 T W 0.00 9 tD 1a-C9 11rM @•SO CROSS SECTION B-B H-ure d. Proposed placement of dredged material within original footpi nt of DOT Island. Cross sections show proposed slopes and temporary berms, \laterial will be discharged front the discharge pipe into the center of the 20-acre fill area, in a manner to protect existing marsh habitats. Turbidity curtains and berms would be used, if needeed, to contain material within the project area. a temporarysilt fence will be installed to provide further protection to marsh vegitation. u RECEIVED