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HomeMy WebLinkAbout29-17 Carteret County Board of CommissionersPermit glass Permit Number NEW 29-17 STATE OF NORTH CAROLINA - De .art nent:of Environmental. -Quality. - -.:- -p . _ __.- ( and f - Coastal Resources Commission Permit (., 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 Carteret County Board of Commissioners, 302 Courthouse Square, Beaufort, NC 28516 Authorizing development in Carteret County at Wainwright Slough, at conflux of Pamlico and Core Sounds as requested in the permittee's application dated 12/7/16 (NT-1) & 12/6/17 '(MP-2) incl. attached drawings (8) Sheets 3-10 of 10, all dated 12/7/16, and project narrative dated received 12/8/16. This permit, issued on February 23, 2017 is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. ! -.1)" In order to protect juvenile finfish resources and seasonal migrations of fish and protected species (i.e. sturgeon and sea turtles), no excavation or filling activities will be permitted between April 1 and November 15 of any year without prior approval from the Division of Coastal Management and 1' the U.S. Army Corps of Engineers, in consultation with appropriate resource agencies. NOTE: For the 2017 dredging season, activities related to demobilization efforts may take place until April 7n'. ',. (See attached sheets for Additional Conditions) This permit action 'may be appealed by the permittee or Signed by the authority of the Secretary of DEQ and the other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission. 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, 2020 ` in -issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. �f `J / Braxt n C. Davis, Director vX Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Carteret County Board of Commissioners Permit No. 29-17 t.:.., Wainwright Slough Dredging Project Page 2 of 3 l --ADDITIONAL CONDITIONS -- Excavation 2) - All excavation shall take place entirely within the areas indicated on the attached workplan drawings. } 3), Excavation shall not exceed -9' MLLW (excavation depth of -7 MLLW with a 2' overdredge allowance). 4 =, Maintenance Clause 3 " .: 4) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of 3 each dredging event authorized by this permit, and such notification shall include: 1 A. The number of the original permit. g;. B. A statement that no dimensional changes are proposed. ' C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the method to be utilized for dredging and the area to be used for spoil disposal, and the estimated amount of material to be removed. D. The location of any known SAV beds within the project area. E. The date of map revision and the permittee's signature shown anew on the original plan. u„ a i�o���ur auu r era�we nauua� nrawrauun S)e Unless specifically altered herein, the disposal of dredge materials for the creation 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" 12/8/16. U.S. Army Corps of Engineers Conditions 6) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant shall implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at hM://vvw-w.fws.gov/nc-es/manu-nal/matiatee guidelines pdf. 7). The applicant shall implement attached National Marine Fisheries Service (NMFS) Sea Turtle and Smalltooth Sawfish Construction Conditions in order to further reduce the risk by requiring all construction workers watch for sturgeon and sea turtles. Operation of any mechanical construction equipment shall cease immediately if a protected species is seen within a 50-ft radius of the equipment. Activities shall not resume until the protected species has departed the project area of its own volition. 8) Best management practices identified as field marking the existing SAV population, wetland grasses, oyster reefs and any shell bottom locations at low -tide shall be implemented in order to prevent construction and dredging equipment from negatively impacting those resources. 'Carteret County Board of Commissioners Permit No. 29-17 inwright Slough Dredging Project Page 3 of 3 ADDITIONAL CONDITIONS= General 9) 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. NOTE: The permittee is encouraged to coordinate future management activities with the Audubon Society to develop strategies and implement design considerations and best management practices that further minimize impacts to bird habitat. 10) 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. l j 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 prior to the initiation of any dredging or mobilization activities. ,1`2); The authorized project shall not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 13)' This permit does not authorize any permanent or long-term interference with the public's right of access and/or usage of all State lands and waters. 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, ext. 108 to discuss operations and appropriate lighting, markers, etc. for all dredge equipment. " `NOTE: The U.S. Army Corps of Engineers assigned the authorized project SAW-2016-01676. NOTE: The Division of Water Resources authorized the proposed project under General Water Quality E 7777- Certification No. 2900 (DWR Project No. 200610642), which was issued on 2/20/17. : R= 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. I p:. , Ll� )x ON MP-1 APPLICATION for Malor Development Permit (last revised 12127/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name 4-L' Project Name (if applicable) Carteret County Board Of County Commimssionere Wainwright Slough Navigation Maintenance Applicant 1: First Name MI Last Name Tommy Bums Applicant 2: First Name MI Last Name Rudi Rudolph If additional applicants, please attach an additional pages) with names listed. Mailing Address PO Box City State 302 Courthouse Square Beaufort NC ZIP Country Phone No. FAX No. 28516 Carteret 252 - 728 - 8450 ext. 252 - 728 - 2092 Street Address (if different from above) Clty State ZIP Email tommy. bums@ca rteretcou ntync. gov 2. Agent/ContractorInformation Business Name Moffatt & Nichol Agent' Contractor 1: First Name MI Last Name Robert Neal Agent/ Contractor 2: First Name MI Last Name Johnny Martin Mailing Address PO Box City State 272 N. Front St., Ste. 204 Wilmington NC ZIP Phone No.1 Phone No. 2 28401 910-218-7100 ext. 919-781-4626 ext. FAX No. Contractor 0 919 781 4869 Street Address (if different from above) City State ZIP Email meal@moffattnichol.com RECEIVED <Form continues on back> DEC 0 8 2016 DCM- MHn riry 252-808-2808 :: 1-688-4Rco AST :: www.nccoastalmanagement.net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Carteret Pamlico Sound Subdivision Name Cfly State Zip NC Phone No. Lot No.(s) (if many, attach additional page with list) 910 - 686 - 7527 ext. I I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Tar -Pamlico 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. Carteret County 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 2,600 ft 10 Acres (Placement Site) 7.0 Acres (Navigation Channel) c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or N/A, I I NWL (normal water level) (If many lot sizes, please attach additional page with a list) 2.0 ❑NHW or ®NWL e. Vegetation on tract Spartina alterni8ora, sparse H. wrightii (<1 % cover) for portion of the island still emergent. All activities will be completed outside of area with vegetation and construction methods will be limited to not occur in this area. (See attached plans) f. Man-made features and uses now on tract Commerical and recreational navigation. Submerged lands. g. Identify and describe the existing land uses adjacent to the proposed project site. Commercial and recreational navigation, limited bird foraging habitat with erosion of island. Wainwright Slough represents the only viable navigational thoroughfare for the Down East fishing industry connecting Core Sound to Pamlico Sound. h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? Not zoned (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 If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ®No ❑NA National Register listed or eligible property? <Form continues on next page> RECEIVED DEC 0 8 2016 252-808-2808 .. 1 - 8 8 8 - 4 RCOA5T .. www.nccoastaimana gerrrM-Mej I)b CITY DCI 1�J Forth DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit in. (i) Are there wetlands on the site? ®Yes ❑No (ii) Are there coastal wetlands on the site? ®Yes ❑No (III) If yes to either (i) or III) above, has a delineation been conducted? []Yes ®No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. None o. Describe existing drinking water supply source. None p. Describe existing storm water management or treatment systems. None & Activities and Impacts a. Will the project be for commercial, public, or private use? ®Commercial ®Public/Government ❑Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Navigation access through Wainwright Slough & bird habitat on Wainwright Island material placement site. Wainwright Slough is generally located between Cedar Island and Core Banks and represents the only viable navigational thoroughfare for the Down East fishing industry connecting Core Sound to Pamlico Sound. The project was initially authorized by the River and Harbor Act of August 30, 1935. (see attached narrative for furher information) 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. One hydraulic dredge with accompaning HDPE pipeline (most likely) to excavate approx. 40,000 CY from Wainwright Slough and place the material within the material placement site adjacent to Wainwright Island. Most likely up to 1 or 2 pieces of heavy equipement (bull dozer, front end loader) will be used to grade the material after placement. Additonal service vessels (jon boat, floafing barge, tug) will be necessary to assist in manuvering and supporting the construction equipment.The equipment will be stored at the site during the construction process and removed upon completion. Construction is estimated to last a maximum of 60 days. d. List all development activities you propose. Hydraulically dredge Wainwright Slough for navigation maintenance and place the material adjacent to Wainwright Island. Material will be placed in a manner to encourage shorebird use with minimal slopes along the waters edge. The mateiial placement site will maintain a maximum (highest) elevation of +1.5 MLLW as a result of the construction process. e. Are the proposed activities maintenance of an existing project, new work, or both? Maintenance f. What is the approximate total disturbed land area resulting from the proposed project? 17 ❑Sq.Ft or ®Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ®No ❑NA that the public has established use of? In. Describe location and type of existing and proposed discharges to waters of the state. New discharges to waters of the state will only occur during construction as the slurry mixture of sediment and waters are hydraulically placed adjacent to Wainwright Island. No permanent discharge structures are proposed as part of the work. Temporary containment dikes will be constructed to encourage sediment settling based upon past projects and previous authorizations. I. Will wastewater or slormwaler be discharged into a wetland? []Yes ❑No ®NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ®NA j. Is there any mitigation proposed? ❑Yes ❑No ®NA If yes, attach a mitigation proposal. 252-808-2808 :: 1-888.4RCOAST :: www.nccoastalmanagem a nt. net DCM- MHD CITY Form DCM MP•1 (Page 4 of 4) <Form continues on back> APPLICATION for Major Development Permit 6. Additional Information In addition to Ma completed application form. (MP-1) the followrrg items below it eppleable. must be submitted in order for the application package robe complete. items (a) - (f) are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. j a. A project narratve I b. An accurate, dated work plat tincluding 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 mapsplatsdrawings to distinguish between work completed and proposed. c. A site or location map that ;s sufficiently detailed to guide agency personnel unfamiliar with the area tb the Site 1 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 older made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (ripanan) 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 National Audubon Society Go Mr. Walker Golder Phone No. 910.686 7527 (office) Address 7741 Market Street, Unit D: Wilmington. NC 284114444 Nanie 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, permiftee, and issuing dates. Previous maintenace events were conducted under federal authorizations by the USACE. h Signed consultant or agent aumaization formif applicable. i. Wetland delineationif necessary. _-___.____ ............... ... ____....._. ._......._._...._ ............... .........__.._._.._._.._.._ _-_'___... ---------- I A signed AEC hazard notice for projects ;n oceanfront and inlet areas (Must be signed by property owner) Of compliance wain N0.S. the .C. Envronmental Policy Act (N G113A 1 f 0).. ;Inecessary. tt the project involves expenditure VA-statement pill funds a use of public lands. attach a statement documenting compliance with the North Carolina Environmental Policy Ad, 1 7. Certlfleatlon and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant. and do ;n 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 certify that the information provided in this application is truthful to the best of my knowledge. Date 12/7116 Print Name Greg'rudiRudolph Signature Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts RECEIVED ❑DCM MP-3 Upland Development ❑DCM MP-4 Structures Information DEC 0 S 2016 DCM- MHD CITY Forin DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL) stabilization Length 2,600 780 Width 75 570 Avg. Existing Depth -4 MLLW NA NA -3 MLLW Final Project Depth -7 MLLW NA NA +1.5 MLLW 1. EXCAVATION a. Amount of material to be excavated from below NHW or NWL in cubic yards. 40,000 CY c. (i) Does the area to be excavated include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ®None (ii) Describe the purpose of the excavation in these areas: Navigation Maintenance 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area. Wainwright Island - Pamlico Sound c. (I) Do you claim title to disposal area? []Yes ®No ❑NA (II) If no, attach a letter granting permission from the owner e. (i) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB []WL ®None (ii) Describe the purpose of disposal in these areas: Material placement from maintenace event. ❑This section not applicable b. Type of material to be excavated. Sand d. High -ground excavation in cubic yards. 0 CY ❑This section not applicable b. Dimensions of disposal area. 10 AC d. (I) Will a disposal area be available for future maintenance? ❑Yes ❑No ®NA (tl) If yes, where? f. (1) Does the disposal include any area in the water? ®Yes ❑No ❑NA (ll) If yes, how much water area is affected? 10 AC RECEIVED DEC 0 8 2016 nrne noun nlry 252-808-2808 :: 1-888-4RCOA3T n www.nccoastalmanaaement.net revised: 12/26/06 . ".vf' .. 1. ... 3. SHOREUNESTABIUZATION ® This section rrvt applicable (if development is a wood gran, use MP-4 — Sduotures) a. Type of shoreline stabilization: b. Lenmh� ❑Bulkhead ❑Riprap ❑BreakwatenSill ❑Omer _..........._.. NAdlh' _ c. Average distance waterward of NHW or NAIL.it Maximum distance waterward of NHW or NWU e. Type of stabilization material g Number of square feet of fill to be places below water level Bulkhead backfill _ Riprap _ BreakWaterlSill _ Other _ i. Source of fill material. 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a 0) VAa fill material be brought to the site? SYes ONO ❑NA If yes. (it) Amount of material to be pieced in the water 40.000 CY (in) Dimensions of fill area 10 AC (IV) Purpose of fill Material despositom from channel maintenance. f it) Has there been shoreline erosion during preceding 12 months? []Yes ONO ❑NA (it) If ye& state amount of erosion and source of erosion amount information. h. Type of fill material. ❑This section not applicable b. it) Will fill material be placed in coastal weaands)marsh (CW). submerged aquatic vegetation (SAV), shell bottom (SB), w other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV _ ❑SS _ OWL SNone (ii) Describe the purpose of the fill in these areas. IS. GENERAL �) a. How will excavated or flit material be kept on site and erosion b. What type of construction egtupmem will be used (e.g dragime, controlled? backhoeor hydraulic dredge), Sand dikes dung construction -Length of dikes TBD by contractorhydraulic dredgeheavy equipment, support vessels.. c. (0 Will navigational aids be required as a result of the project? d. (i) Via wetlands be crossed in transporting equipment to project SYes ONO ❑NA site? ❑Yes ONO ❑NA (it) If yesexplain what type and how they will be implemented. (n) If yes, explain steps that will be taken to avoid or minimize ATONS will naed to be reposifioned to mark federal channel as enviroomebial impacts. opposed to deep water path December 6, 2016 Carteret County Board of County Commissior - o Greg Rudolph Date Applicant Name ). Wainwright Slough Navigation Maintenance i Project Name Applicant Signature iLWA LTM J DEC 0 S 2016 DCM- MHD CITY FOR PERMITTING ONLY -NOT - PROPOSEDCHANNELCENTERLINE --- --'- ---' '--- PROPOSED CHANNEL BASE (WIDTH) MAXIMUM DREDGING EXTENTS (t 7 ACRES) - PROPOSED MATERIAL PLACEMENT SITE TEMPORARY EFFLUENT DIKING NOTES: 1. SEE SHT 2 FOR CONTROL AND CONSTRUCTION NOTES. 2. CONTOUR ELEVATIONS REF. MLLW. 3. REFERENCE SHEET 10 FOR MATERIAL PLACEMENT SITE SECTION VIEWS 4. EFFLUENT CONTAINMENTHIKES T'O BE CONSTRUCTED AS -NEEDED TO ENCOURAGE SEDIMENT SETTLING. CARTERETCOUNTY1 WAINWRIGHT SLOUGH PG.4 OF 10 NAVIGATION MAINTENANCE DRAWING DATE: DEC.. 07.2016 EXISTING CONTOURS WAINWRIGHT SLOUCH NAVIGATION MAINTENANCE .STA IG+00 TO 36+00 DESIGN DEPTH -7 MLLW 2 FT OVERDREDGE TOLERANCE 75 FT CHANNEL WIDTH 3:1 SIDE SLOPES APPROX. 40,000 CY (SIX SH T 2 FOR VOL CALC.) 0' 200' 400' GRAPHIC SCALE IN FEET "„moffatt & nlchol FOR PERMITTING ONLY - NOT FOR CONSTRUCTION LEGEND - - - PROPOSED Cl IANNEL CENTERLINE PROPOSED CHANNEL BASE (WIDTH) MAXIMUM DREDGING EXTENTS (+.7 ACRES) NOTES: I. SEE SHEET 2 FOR CONTROL INFORMATION AND CONSTRUCTION NOTES. 2. SEE SHEETS 06 THRU 09 FOR CROSS SECTIONAL. VIEWS OF DREDGE AREA. 3. SAV SURVEY CONDUCTED ON SEPT. 21.3016. CARTERET COUNTY WAINWRIGHT SLOUGH PG. 5OF10 NAVIGATION MAINTENANCE DRAWING DATE: DEC. 07.2016 SAV SAMPLING LOCATIONS WAINWRIGHT SLOUGH NAVIGATION MAINTENANCE STA 10+00 TO 36-00 DESIGN DEPTH -7 MLLW 2 FT OVERDRF.DGE TOLERANCE 75 FT CHANNEL WIDTH 3:1 SIDE SLOPES APPROX. 40,000 CY 0' 200' 400' GRAPHIC SCALE IN FEET ""moffatt & nichol tU7 3 -20 -1+00 10 a 0 O STATION 10+00 0+00 1+00 RANGE (FT) STATION 14+00 - -- - STATION-12+00I — -20 h-L -1+00 10 0+00 1+00 RANGE (FT) STATION 16+00 NAVD(0.1 FO 7AVD(0.1 Fn - I- - - - ECEIV EC 0 8 20 - MHD -1+00 0+00 1+00 -1+00 0+00 1+00 RANGE (FT) RANGE (FT) FOR PERMITTING ONLY - NOT FOR CONSTRUCTION LEGEND --------- E3aSTING GROUND (NOV. 2016) PROPOSED DESIGN TEMPLATE TEAL RANGE MlW) — — — PROPOSED OVERDREDGE TEMPLATE MHW=0.38 Fr PROPOSED DREDGE AREA MTL = 0.20 Fr NAVD88 = 0.10 Fr VERTICAL SCALE: 1�1a CARTERET COUNTY MLW = O.OI Fr "® WAINWRIGHT SLOUGH HORIZONTAL SCALE: IIIW NAVIGATION MAINTENANCE ,",mOtfOtt & nichol PG. 6OF 10 STA 10+00 TO 1"0 F NAV (0.1 FT) 0 O C � _lU � � � _10 w - w -20 -20 -20 STATION 18+00 IlLi6iliffiliffil oiE NMI =1 -1+00 10 �+ 0 -20 0+00 RANGE (FT) STATION 22+00 a 1+00 --- STATION20+00 10 -20 -1+00 10 NAVD (0.1 FT) :_S 0 z 0 > -10 w w -20 NAVD (0.1 Ff) 0+00 1+00 RANGE (FT) RECEIVE I STATION 24+00 DEC 0 8 2016 - MHD C NAVD(0-1Fq -1+00 0+00 1+00 -1+00 0+00 1+00 RANGE (Fr) RANGE (FT) FOR PERMITTING ONLY - NOT FOR CONSTRUCTION LEGEND --------- EXISTING GROUND (NOV. 2016) PROPOSED DESIGN TEMPLATE TIDAL RANGE (MLI.W) — — — PROPOSED OVERDREDGE TEMPLATE MHW=0.38 Fr n s 1a ® PROPOSED DREDGE AREA MTL = 0.20 Ff VERTICAL SCALE: 1110' NAVDSS = 0.10 FC CARTERET COUNTY MLW = 0.01 Fr WAINWRIGHT SLOUGH HORIZONTAL SCALE: 111W NAVIGATION MAINTENANCE ,",mOffaY1 & nlchol PG. 7 OF 10 _ - STA 18+00 TO 24+00 • - • -STATION 26+00 10 -20 STATION -28+00 NAw (0.1 Fn a.] 0 0 w a0 a w -20 XAVD (0.1 Fn -1+w 0+00 1+00 -1+00 0+00 1-00 RANGE (FI)) STATION 30+00 STATION 32+00 RECEIVE 10 0 O f~ W .10 w -20 10 ---r -t F. DEC 08 2016 r. MHD Cl NAVD(0.1 PT) ,aj 0 --NAVD(0APi) C o -10� ao w - a w 20 -1+00 0+00 1+00 -1+00 0+00 1+00 RANGE (FT) RANGE (Fr) FOR PERMITTING ONLY - NOT FOR CONSTRUCTION LEGEND --------- EXISTING GROUND (NOV. 2016) -- PROPOSED DESIGN TEMPLATE TIDAL RANGE (MI.LW) PROPOSED OVERDREDGE TEMPLATE MAW =0.38 FT a v 1a ® PROPOSED DREDGE AREA MTL = 020 FT NAVD88 = 0.IO Ff VERTICAL SCALE: 1' 1a CARTERET COUNTY MLW =0.01 FT °® WAINWRIGHT SLOUGH HORIZONTAL SCALE: 1 LION NAVIGATION MAINTENANCE ,", PG. BOF 10 STA 26+00 TO 32+00 moffatt & nlchol DRAW NO DATE: DEC. 07 2106 STATION 34+00 STATION 36+00 .. - 10 10 , - p NAVD (0.1 eq j 0 ruw N.1 Fr) O r w w . "AL.20 -20 -1+00 0+00 1+00 -1+00 0+00 1+00 RANGE (FT) RANGE (FT) RECEIVED DEC 0 S Z016 DCM- MHD CITY FOR PERMITTING ONLY - NOT FOR CONSTRUCTION LEGEND --------- EXISTING GROUND (NOV. 2016) PROPOSED DESIGN TEMPLATE TIDAL RANGE (A LLW) — — — PROPOSED OVERDREDGE TEMPLATE NUM=0.38 Fr a r is T- PROPOSED DREDGE AREA MTL = 0.20 Fr NAVD88 = 0.10 Fr VERTICAL SCALP: 1119 CARTERET COUNTY MLW = 0.01 Fr WAINWRIGHT SLOUGH RORMNTAL SCAM: ]�]W NAVIGATION MAINTENANCE PG. 90P 10 STA 34+00 TO 36+00 ,", rT10 ff0 tt & r1 I C h 01 DRAWDIG DATE: DW- 07 2106 o 0 -10 W zo- SECTION A' -A" 1 SLOPE . , FINISHEDFNISKED SLOPE m ....... ,. .: C:aC.:. .... :Y� :L�S:�:ail usp Hall she !@l=im. lal - 0+00 1+00 2+00 3+00 44OO NOTES: 1. TEMPORARY DICING SHALL BE CONSTRUCTED AS -NEEDED TO CONTROL EFFLUENT RUN-OFF FROM RE-ENTERING THE DREDGE AREA - HOWEVER, NO DICING SHALL BE ALLOWED ALONG SEGMENT E-F. 2. ALL DIKING MATERIAL SHALL BE SMOOTH GRADED UPON COMPLETION OF FILL OPERATIONS. 3. MAX ALLOWABLE SLOPE FINISHED SLOPE AROUND PP.REMITER OF MATERIAL PLACMENT SITE SHALL BE 1 V20H (PEST) 0 c 10 n m m � o o _ o 0. m <-10 N / cm?\ � — � m 20 5+00 6+00 7+00 8N00 RANGE (FT) SECTION W-13" 9+00 10+00 11+00 12+00 13+00 limmils =i:®:::. -lgii"" ri Y •um MINIMUM. "" 0i00 - 1+00 - 2+00 LEGEND --------- EXISTING PROFILE (NOV. 2016) — — — MAX. (HIGHEST) FILL ELEVATION PG. 10 OF 10 DRAWING 3+00 4+00 5+00 6+00 7+00 8+00 9+00 9+99 TIDAL RANGE(MLLW) RANGE (FT) MHW =038 FT MTL = 020 FT NAVD88 = 0.10 FT MLW = 0.01 FT O IV 20 FOR PERMITTING ONLY - NOT FOR CONSTRUCTION VERTICAL SCALE: 1 W a® CARTERET COUNTY WAINWRIGHT SLOUGH xoRlzoNTALscALE: i`zoa NAVIGATION MAINTENANCE ,,,,moffatt & nichol MATERIAL PLACEMENT SITE - SECTION VIEWS ATTACHMENT D WAINWRIGHT ISLAND NAVIGATION MAINTENANCE PROJECT NARRATIVE PROJECT DESCRIPTION Carteret County intends to dredge approximately 40,000 cubic yards ICY) of material from the federally authorized channel of Wainwright Slough, Ranges 2, 2A and 3. Wainwrigth Slough lies near Cedar Island in south Pamlico Sound near the Cape Lookout National Seashore (Figure 1). The project will restore navigation depths to the federally authorized channel for recreational boating and commercial fishing vessels. The channel will be dredged to -7 MLLW with an additional 2 feet proposed as an overdepth tolerance. This will result in a maximum depth of disturbance down to -9 MLL W. The project will maintain compliance with the federally authorized dimensions for the channel and previous maintenance events conducted by the USACE Wilmington District (see permit forms, Attachment B and permit sketches, Attachment Q. The dredge sediment will be used to help create nesting and foraging bird habitat by open placement of the material adjacent to Wainwright Island. Sediment placement will occur over a maximum footprint of 10 acres up to an elevation of+1.5 MLLW. This elevation marks the approximate highest elevation of the existing Wainwright Island. The slopes and grades of the material placement site will be constructed to encourage nesting and foraging bird activities to the extent reasonable. The maximum (steepest) slope along the edge of the material placement site will be constructed at 20H:1 V (feet) down to Ili In addtion, the top or surface of the site will be smooth graded to discourage water ponding or entrapment. SITE LOCATION & PROJECT HISTORY Wainwright Slough is generally located between Cedar Island and Core Banks and represents the only viable navigational thoroughfare for the Down East fishing industry connecting Core Sound to Pamlico Sound (Figure 1). The project was initially authorized by the River and Harbor Act of August 30, 1935, yet there is no documentation with respect to where the dredged material was disposed. Fifteen maintenance dredging events were conducted along various reaches of the channel by the U.S. Army Corps of Engineers (Corps) through 1968, and on an as -needed basis since (see Table 1 below), August 31, 1935 = Project authorized in the River and Harbor Act. 1935 —1968 = Fifteen maintenance events (no details regarding disposal). 1968-1976 = "As needed" maintenance, but no documentation. 1976 = E15 prepared, codifies Wainwright Island as disposal area. 1976-1986 = No documentation. 1986 = Maintenance event r D 1991= Maintenance event. �'� REc C 19% = Maintenance using the U.S. Corps hopper, the Cumtuck (disposal?l. 1995 = New WFONSI regarding Wainwright Island (emphasis on creating upland bird habitat). DEC g Z016 1. 1997 = Maintenance event C 1006=Maintenance event funded by hurricane supplemental bill (145,000 cubic yards). ^ 1TY 101a= Maintenance event funded by hurricane supplemental bill (submersible pump) HD DCM M V Table 1: Wainwright Slough Historical Actions (courtesy of Carteret County) Wainwright Slough Project Narrative Page 2 of 8 In August 1976 disposal issues were formally addressed in a Final Environmental Impact Statement (EIS) entitled, "Maintenance of the Waterway Connecting Pamlico Sound and Beaufort Harbor, North Carolina", which codified the disposal along the toe -of -the -bank on the east side of Wainwright Island. Documentation of dredging/disposal events that were conducted in the 1970s through the early 1990s are almost absent from the record, yet there is reference to a 1986 and 1991 maintenance event (assumingly pipeline dredge with "upland" disposal along Wainwright Island) and emergency dredging by the Corps' special use (hopper) dredge the Currituck in 1994. Again there is no documentation with respect to disposal activities for the 1994 event. The disposal method along Wainwright Island was modified in a June/August 1995 Environmental Assessment/Finding of No Significant Impact (EA/FONSI) requiring the dredged shoal material to be placed above mean high water. The dredging slurry was proposed to be controlled by constructing sand dikes that were leveled upon completion of each event, thereby creating unvegetated sandy habitat. No maintenance dredging was conducted from 1997 until the mid-2000s when extensive shoaling of the channel and erosion of Wainwright Island occurred in the wake of hurricanes Isabel (2003) and Ophelia (2005). Supplemental appropriations to the Corps provided the ability to conduct a large maintenance event (-145,000 cubic yards) including rehabilitation of Wainwright Island. The Corps' Consistency Position for this event referenced an existing series of sandbags located along the eastern periphery of Wainwright Island. Assumingly the sand bag wall was utilized for containing the dredging effluent in 1997 but there is no reference to this effect in the 1995 EA/FONSI. Remnant sand bags are still visible today. The last dredging event occurred in 2013 via another supplemental federal appropriation (Hurricane Sandy) whereby the Corps utilized a submersible pump affixed to their special-purpose vessel, the Snell. The total excavation volume for this event is unknown. RECEIVED DEC 0 8 2016 DCM- MHD CITY Wainwright Slough Project Narrative Figure 1: Project Location Map PURPOSE & NEED Page 3 of 8 The USACE Wilmington District has previously maintained Wainwright Slough for navigation purposes in accordance with Section 14 of the Rivers and Harbors Act of 1899. The most recent maintenance events conducted by the USACE where sediment was hydraulically dredged from Wainwright Slough and placed in an adjacent material management site occurred in 2013, 2007, & 1997. However, due to a shortfall in government funding the USACE remains unable to provide maintenance operations for the current conditions. The channel has become nearly impassable for vessel navigation with depths measured as shallow as -4 MLLW or less during a June 2016 survey conducted by the Wilmington District (Figure 2). RECEIVED DEC 0 8 2016 DCM- MHD CITY Wainwright Slough Project Narrative Page 4 of 8 Federal Channel Voitune Est. (USACE, 2016) Authorized Charnel: 20,293 CY (a) -7 Pt (MLLW ) 37,323 CY @ -9 Ft (MLLW) Deep Water Path 9,073 CY @ -7 Ft (MLLW ) 25,757 CY @ -9 Ft (MLLW ) LEGEND AiM W Nrvgatlnn MOM In IeI1 aA ;can :..nd SVI.w , I Nvi �e a ),6 i G,xn LgIM Bu 8-7 i Rea L'mnI i,n/ 10 8 '�'12-ID e JYKYpn MYYY 14-42 . GINnLpM 13. 1A ' Red LpN 1! NO G..4Y IN".W CnYnN Deep Water Path a GI«n Dnl<Iwn . N.d MrE.acon o DY rBgn MAepotld Tq GvOI Figure 2: USACE June 2016 Hydrographic Survey of Wainwright Slough In lieu of the budget shortfalls for the federal government and the USACE, Carteret County intends to maintenance dredge the federal navigation channel known as Wainwright Slough. This action will help alleviate the burden created by the current shoaling for the local commercial fishing industry and help promote recreational navigation in the area. Under the current conditions the commercial fishing industry will be unable to access fish house landings within Carteret County during the peak 2017 fishing season. This scenario creates a potentially devastating economic impact for the local fishing industry. The County has been unaware of the immediate need to obtain independent state and federal permits for the maintenance work due to the USACE's long standing commitment to maintaining Wainwright Slough. Once the County became aware of the situation and need, the County began the process to obtain the necessary authorizations. Early discussions were held with the USACE to conduct emergency dredging with its shallow draft fleet under its permit authorization. This emergency dredging request was not granted per a June 22, 2016 Corps correspondence citing operational limitations associated with their side -cast dredge (the Merritt) and tangential disposal issues. Consequently, the County is pursuing a Major CAMA Permit along with other State and federal authorizations to perform a dredging maintenance event consistent with the regulatory mechanisms in place as described above AND in the most expeditious manner as possible. After completion of this maintenance work, the County intends to develop a long-term maintenance strategy for Wainwright Slough. However, the current project remains limited due to the timing constraints necessary to complete the work prior to the 2017 peak fishing season. As stated previously, Wainwright Slough has been dredged more than 22 times since initial authorization in 1935 — not counting undocumented "as needed" maintenance events. An Environmental Impact Statement was prepared in 1976 which codified Wainwright Island as a disposal site. Subsequently, an Environmental Assessment/Finding of No Significant Impact (EA/FONSI) was prepared by thgEOEIVED DEC 0 8 2016 DCM- MHD CITY Wainwright Slough Project Narrative Page S of 8 1995 (see Attachment E) focused on the positive impacts: of creating uplmrcttrlydhabitar associated with a maintenance action to dredge 30,000 yd' from Wainwright Slough and placement of dredge material on or near Wainwright Island. A 404(b)(1) analysis was also performed by the USACE as part of the environmental documentation process and the 1995 project — very similar to the current proposed action — was found to be in compliance with the Guidelines; this analysis determined that the discharge [of dredge material] represented the least environmentally damaging practicable alternative. A request for Consistency Concurrence was submitted to the NC Division of Coastal Management (NCDCM) by the USACE for maintenance dredging (145,000 yd') of Wainwright Slough and re- establishment of Wainwright Island in 2006 (see Attachment F). NCDCM determined this action to be consistent with the State's coastal management program and consistent with the 1995 EA/FONSI previously prepared by USACE (September 2, 2006; CD06-042). While these actions are somewhat dated, it is clear that a consistent pattern of environmental compliance has occurred for dredging of Wainwright Slough and deposition of dredge material on or near Wainwright Island. The current requested action is very similar in nature to previous requests. Actions will be taken to avoid and minimize adverse environmental impacts while contributing to creation of colonial waterbird habitat on Wainwright Island. CONSTRUCTION PROCESS The work will be conducted through the use of a hydraulic dredge and pipeline system. Approximately 40,000 CY will be dredged from Wainwright Slough and placed adjacent to Wainwright Island in a material placement site. The work will be conducted on a 24-hour a day schedule with completion expected prior to April 1, 2017. The material placement site will be constructed to discourage sediment from flowing back into the navigation channel. The contractor will be required to erect temporary sand dikes along the flow way of the placement site to help direct the dredge slurry away from the navigation channel and to encourage sediment settling. Based upon the grab samples and observations completed during the SAV survey fine to medium grain size sand is expected for the dredged material. The dikes will be constructed from the initial dredge material in order to reduce disturbance of the placement area. The dikes will be extended and maintained in a fashion to help limit the turbidity plume leaving the work area. At the completion of the dredging activities, the temporary dikes will be smooth graded consistent with the remainder of placed material. The emergent boundary of the material placement site will be sloped to below MLLW on a 20H:1 V (ft) grade in order to promote shorebird usage. AVOIDANCE & MINIMIZATION EFFORTS A number of measures will be implemented to avoid and minimize potential adverse impacts. The dredging footprint will follow the existing channel limits eliminating the need for new bottom disturbance. Hydraulic dredging will be employed in an effort to reduce siltation and turbidity that is often associated with other dredging methods (such as clamshell dredging). The use of temporary sand dikes will encourage sediment settling, reduce disturbances within the placement area and limit the turbidity plume. Other best management practices include avoidance of areas denoted in past permits as areas of concern as well as avoidance of critical habitat areas such as SAV with large areas shown on the plans when the field investigations showed minimal relic stalks of SAV with less than 1% coverage (see Attachment C — Permit Drawings and Attachment H — SAV Report for more information). RECEIVED DEC 0 8 2016 DCM- MHD CITY Wainwright Slough Project Narrative Page 6 of 8 The work is not -expected to impact the existing emergent wetland portioil of Wainwright Island (Figure 3). This includes an area less than 500 ftz in size covered predominately by Spartina grasses. No pipelines or equipment will be allowed to traverse over the emergent grassesor impact known SAV populations. Figure 3: September 2016 Conditions of Wainwright Island ALTERNATIVES No Build — This alternative assumes that no maintenance dredging will be conducted or that future dredging will be subject to schedule and funding by USACE. The result would be that navigational constraints will remain, the local down east fishing economy would be severely impacted (loss of only connection of Core Sound to Pamlico), and that the channel will remain nearly impassable for maritime traffic. This alternative fails to meet the project purpose and need. Dredge in Deeper Water - The County discussed an alternative withthe USACE on the potential to maintain the deep water path, as shown in Figure 2, in a similar capacity as some previous federal maintenance projects. By moving to deeper water, less dredging would be needed, and time and money could be saved. However, the USACE Office of Counsel determined the position of Wainwright Slough fell in a fixed location. Therefore, work outside of the fixed location would be considered new work and the establishment of a new channel for a non-federal interest. The USACE previous maintenance events within the deep water path were authorized under Engineer Regulation (ER) 1165-119, paragraph 9. This regulation allows the USACE to shift the locations of federal channels in attempts to reduce maintenance costs. Unfortunately, this provision does not correspond with non-federal maintenance operations within a federal waterway. Because of regulatory constraints, this alternative is not being considered. Dredge Existing Marked Channel (Preferred Alternative) — This alternative proposes to dredge within the existing channel as marked and designated by USACE. The proposed maintenance operations will restore navigation access to the federal channel pathway. This alternative meets project purpose and need and can be accomplished without significant regulatory delays. RECEIVED DEC 0 S 2016 DCM- MHD CITY Wainwright Slough Project Narrative ENVIRONMENTAL CONSEQUENCES Page 7 of 8 Wainwright Island is a small dredge spoil island that is constantly subject to wave action and erosion. The island is inundated much of the time with only a small portion of land (less 46 square meters [500 square feet]) currently remaining above the water. The small remnant island is dominated by Spartina alternii fora. The island is used by a variety of colonial waterbird species (although no specific species were noted during recent sampling) and is owned and managed by the National Audubon Society (letter of support for the project by the Society, Attachment G). The 1995 Environmental Assessment performed by USACE for similar dredging activities discussed beneficial use of dredge material which is relevant to the current action (see Attachment E). The preferred disposal alternative (creating habitat adjacent to Wainwright Island) would: 1) provide for satisfactory disposal of maintenance dredging material; 2) stabilize the existing upland limits of the island; 3) enhance or create habitat for colonial waterbird species such as royal terns and sandwich terns, snowy egrets, tri- colored herons, and glossy ibis; and 4) existing habitat would be preserved and expanded for breeding brown pelicans, herring gulls and great black -backed gulls, and wading birds such as black -crowned night herons, great egrets, and little blue herons. An SAV survey was conducted on September 21, 2016 and identified no SAV populations within the project area. The September survey found only sparse or relic stalks of shoal grass (H. wrightii) present at five locations at less than 1% coverage. No existing populations of SAV will be impacted by project activities (see Attachment H). Pamlico Sound is one of the largest estuaries in the United States. Offshore waters support a diverse recreational and commercial fishery, with species such as red drum, speckled trout, blue crab, oysters, and other shellfish often found in abundance. An Essential Fish Habitat (EFH) assessment has been performed for this project. Although the proposed project would likely result in some short-term, localized and temporary adverse effects to EFH and managed species, construction measures and best practices will keep these impacts to a minimum, as well as reduce the possibility of any permanent, long-term impacts. While reducing available sandy benthic habitat within the project area, project actions will also create over 10 acres of emergent estuarine wetland (a designated EFH within the project area) in an area where benthic habitat has been impacted by exposure to waves. A re-established Wainwright Island would also provide valuable new nesting and foraging habitat for coastal birds — as noted above. The Preferred Alternative could result in increased long-term SAV colonization and general benthic habitat improvements adjacent to the re-established island (see Attachment I). PROTECTED SPECIES ASSESSMENT A review of federally protected species has been conducted. Results indicate that the proposed project will have no effect on threatened or endangered species (see Attachment J). WETLANDS Dredging will be conducted on submerged lands in Pamlico Sound not considered jurisdictional wetland. The remains of Wainwright Island above water levels support estuarine wetland dominated by Spartina grass (less than 500 ftZ). These areas will be disturbed or impacted by proposed actions; dredge material RECEIVED DEC 0 8 Z016 DCM- MHD CITY Wainwright Slough Project Narrative Page 8 of 8 Will be placed to the east of the island and is intended to increase the island footprint and potentially create additional estuarine wetland. No wetland impacts are anticipated. CULTURAL AND HISTORIC RESOURCES The State Historic Preservation Office (SHPO) has reviewed the project and indicated they are unaware of any historic resources which could be affected by the project. Therefore, SHPO has no further comment on the project as proposed (see November 30, 2016 SHPO letter — Attachment K), RECEIVED DEC p S 2016 DCM- MHD CITY DCM Field Offices' Elizabeth City Morehead City Washington Wilmington US ACOE Offices: Washington: (with revised work plan drawings) Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh. Peletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Wilmington: Tyler Crumbley (Brunswick, New Hanover) Liz Hair (Carteret, Onslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Resources: Public Water Supply: Marine Fisheries: NC DOT: Shellfish Sanitation: State Property: DEMLR/DWR: Renee Gledhill -Earley Heidi Cox (WIRO) Clif Whitfield (WARD) Shane Staples David Harris Shannon Jenkins Tim Walton Karen Higgins Washington: Anthony Scarbraugh-401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Berrie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Robb Mairs — 401 (Carteret, Onslow, Pender, New Hanover) Chad Coburn — 401 (Brunswick) Georgette Scott - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: Maria Dunn (WARO) LPO: Fax Distribution: Permittee #: Agent# Coastal Management ENVIRONMENTAL QUALITY March 1, 2017 Carteret County Board of Commissioners Attn.: Tommy Burns 302 Courthouse Square Beaufort, N.C. 28516 Dear Sir or Madam: 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 276,11-6714, (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. Sincerely, � Douglas V. Hugge Major Permits Manager N.C. Division of Coastal Management Enclosure State of North Carolina I Environmental Quality l Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, NC 28557 2528082808 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Carteret County Board of Commissioners County: Carteret LOCATION OF PROJECT: At the Conflux of Pamlico and Core Sound adj Wainwright Island. DATE APPLICATION RECEIVED COMPLETE BY FIELD: 12/12/16 FIELD RECOMMENDATION: Attached: No To Be Forwarded: Yes CONSISTENCY DETERMINATION: Attached: No To Be Forwarded: Yes FIELD REPRESENTATIVE: Ryan Davenport DISTRICT OFFICE: Morehead City DISTRICT MANAGER REVIEW: Roy Brownlow B) DATE RECEIVED BY MAJOR PERMITS UNIT: 12/15/16 FEE REC'D: $475.00 PUBLIC NOTICE REC'D: Yes END OF NOTICE DATE: 1/l/17 ADJ. RIP. PROP NOTICES REC'D: Yes DEED REC'D: Yes APPLICATION ASSIGNED TO: Doug Huggett ON: 12/15/16 r) C) 75 DAY DEADLINE: )xb 150 - DAY DEADLINE: MAIL OUT DATE: 12/15/16 STATE DUE DATE: FEDERAL DUE DATE: PERMIT FINAL ACTION: ISSUE FED COMMENTS REC'D: DENY DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management- Regional Representative E 17 // / S�.vAa�� �✓n1 �cL�' Coastal Management- LUP Consistency Determination I -�-/rG/// I ID Division of Community Assistance I /11 /4C DEMLR-Land Quality Section ( v/Z 4 6 Division of Water Resources-401 7-11- 1 ZO0&//�wwdV 2-. DEMLR-Storm Water Management / 1/?,5 6 State Property Office �/q17 / Division of Archives & History '16-7 A(A' l- DMF-Shellfish Sanitafino / v DWR-Pubfiz Water Supply Division of Highways Wildlife Resources Commission Local Permit Office l DCM-Fisheries Resource Specialist ' I/7 1 ✓ /sJ• CGS 1 rn, Corps of Engineers w5 12/Zy�l� D December 12, 2016 MEMORANDUM: TO: FROM: SUBJECT: Applicant:. Project Location: T' Gmrnor DONALD R. VAN DER VAART 8— ty p SRAXTON DAVIS 171A.C(or RECEIVEMCDENROR DEC 19 �2016 Water Quality Regional W(I'm ngtoni Regional Office Robb Mairs Division of Water Resources Doug Huggetf Major Pertnits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Carteret County (Wainwright Slough) Carteret County, Conflux. of Pamlico and Core Sound adjacent to Wainwright Island.. Proposed Project: Proposes to -maintenance excavate Wainwright'Slough and place spoils in Wainwright area. Wainwright Slough is a federal channel. Approximately 40,000 CY would be excavated. Please indicate below your agency's position or viewpoint on the proposed project and return this form by January 1, 2017. If you have any questions regarding the proposed. project, please contact Ryan Davenport, Permit officer at (252) 808-2808. When appropriate, in-depth comments with supporting dat a is requested. REPLY: This agency has no objection to the project as proposed. 40r This agency has no comment on the proposed project. ov� This agency approves of the project only if the recommended changes are incorporated. See attached. a e y objects to the project for reasons described inthe attached comments. fir)SIGNED DATE 14 .i 3tateaYNarkh Carolina i18nVl MM"tat Quality i C,,WUanU"ent 400 00-0 AM-i MOmhaad City,NC28551 252-808.28081252-241-3330(t0 Water Resources w Environmental Quality ...-RO.Y_000PER _. -- --- - - Governor MICHAEL S. REGAN Secretary S. JAY ZIMMERMAN Director February 20, 2017 DWR Project # 20061064v2 Carteret County Carteret County Board of County Commissioners Attn: Tommy Burns and Rudi Rudolph THIS 302 Courthouse Square ,. Beaufort, NC 28516 MITSubject Property: Wainwright Slough Navigation ..W Pt"I,,a c& Approval of 401 Water Quality Certification with Additional Conditions Dear Messrs. Burns and Rudolph: You have our approval, in accordance with the attached conditions and those listed below to perform maintenance excavation and the placement of the excavated material onto Wainwright Island for shorebird habitat, as described in your CAMA application dated December 7, 2016, and received by the Division of Water Resources (Division) on December 19, 2016. Subsequent information was received by the Division on February 20, 2017. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number 3900 (GC 3900). This Certification allows you to use the General Permit No.198000291 when issued by the US Army Corps of Engineers and the CAMA Major Permit when issued by the Division of Coastal Management In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including _. (but .not .limited to) Erosion and Sediment Control, Non -discharge,, WaterSupply Watershed, and. stormwater regulations. Also, this approval to proceed with your proposed impacts or to conduct Impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed on the following pages. The Additional Conditions of the Certification are: Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental imoacts: Amount Approved Units Plan Location or Reference Open Waters Approximately 7.0 acres Sheets 1 through 10, and project (Dredged) narrative and environmental Approximately.10 acres summary Filled Coastal wetlands NIA 404/401 wetlands NIA <—"'Nctthtng ComPares"r ... State of North Carolina 1 Environmental Quality 127 Cardinal Drive Extension Wilmington, North C=1ina28405 910-796-7215 Y Wainwright Slough Navigation Maintenance- Carteret County DWR Permit # 20061064v2 February20, 2017 Page 2 of 3 .. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. 3. The applicant shall require his contractors (and/or agents) to comply with all of the terms of this Certification, and shall provide each of its contractors (and/or agents) a copy of this Certification. 4. This General Certification shall expire on the same day as the expiration date of the corresponding General Permit. The conditions in effect on the date of issuance of the Certification for a specific project shall remain in effect for the life of the project, regardless of the expiration of this Certification. 5. The applicantipermitee and their authorized agents shall conduct. all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with 303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal law. If the Division determines that such standards or laws are not being met, including failure to sustain a designated or achieved use, or that State or Federal law is being violated, or that further conditions are necessary to assure compliance, than the Division may reevaluate and modify this General Water Quality Certification. 6. All mechanized equipment operated near or in surface waters will be regularly inspected and maintained to prevent contamination of waters from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permiteelcontractor shall immediately contact the Division of Water Resources, between the hours of.8 am to 5 pm at the Wilmington Regional Office at 910.796.7215 and after hours and on weekends call (800) 858.0368. Management of such spills shall comply with provisions.of the North Carolina Oil Pollution and Hazardous Substances Control Act. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, ,and any subsequent modifications, the applicant and/or authorized agent is required to return the enclosed certificate of completion form to the NCDENR DWR.401 and Buffers Unit North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699 within ten days of project completion (the certification of completion is also available at hfp://Dodal.nedenr.oraiweb/wa/swn/ws/401/Certsandpermits/applyfforms). Violations of any condition herein set forth may result in revocation of this Certification and may result In criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 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 forinformation. 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 fling fee is received in the OAH during normal office hours (Monday through Friday between 8:00 am and 5:00 pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Wainwright Slough Navigation Maintenance- Carteret County DWR Permit # 200610642 _. February.20, 2017 --------- Page 3 of 3 Mailing address for the OAH: If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 One (1) copy of the petition must also be served to DEQ: Sam M. Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699A 601 If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions, please telephone Robb Mairs in the DWR Wilmington Regional Office at 910.796.7215 or Jim Glregabn, egional Supervisor Wall egional Operations Section Wilmington Regional Office . Division of Water Resources, NCDEQ Enclosures: GC 3900 . Liz Hair -USACE Wilmington Regulatory Field Office -Electronic Copy DWR 401 & Buffer Permitting Branch file-LF Doug Huggett - DCM Morehead City -Electronic Copy WiRO Water Quality Certification No. 3900 CAMA PERMIT CERTIFICATION Water Quality Certification Number 3900.1s issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the. United States and subject to the North Carolina Division of Water Quality (DWQ) Regulations in 15A NCAC 02H ..0500 and 15A NCAC 02B ,0200 for the discharge of fill material to waters and wetland areas as described in General Permits 198000291, 198000048, 198700056, 197800080,197800125, and 198200277, Nationwide Permits 3, 12, 13, 14, 18, 27, 29, 33, 35, 39, and 43, and for the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 026.0200. The State of North Carolina certifies that the specified category of activity will not violate applicable portions of Sections 301, 302, 303, 306'and 307 of the Public Laws 92-500 and 95-217 if conducted in accordance with the conditions hereinafter set forth. Acttvltles meeting any one (1) of the following thresholds or circumstances require written approval for a 401 Water Quality Certification from the Division of Water Quality, (the "Division"): a) Activities authorized by CAMA majorpermits, except: I. Boat Ramps and associated access (i.e. roads and parking lots) that involve the excavation or filling of less than 500 square feet:total of wetland and open water area, With the exception that the excavation or filling of coastal wetlands may not exceed 1 co square feet; it. Shoreline protection measures that tie Into existingbulkheads, land orother shoreline protection: measures or do notextend waterward of the normal high water - - -- -- --line.or.normalwater-level- more -than. 10.feet provided-that.the.acUv.ity..wiil. not. ...... involve the: excavation or tilling of any SAV or significant shellfish resources as Identified. by the Division of Marine Fisheries and Impacts less than 500 square feet. total of wetland, with the exception that the excavation or filling of coastal wetlands may, notexceed 100 square feet; iii. Piers and docks designed to accommodate up to but not exceeding.10 vessels (except where prohibited. in ORW Waters as defined in 15A NCAC 02B.0225(7)&(8)) and where the water•depth is equal to orgreater than two feet of water atnormal low water level or normal water level (whtohever isapplicable); iv. Maintenance dredging of lessthan 0.3 acres.of open water or non -vegetated wetlandsprovided that the applicant can provide documentation showing the histo[ic dimensions of the dredged channel, and no Submerged' Aquatic Vegetation or shellfish beds are excavated or filled; v. Projects that involve only shading of waters or wetlands; vi. Utility lines, except wastewater lines and potable water discharge lines which are subject to an NPDES Permit, as long as wetland or water impacts are temporary: Al. Upland development which involves no'more than 1110 of an acre -of excavation or filling of non -coastal wetlands, with the exception than no more than 2,000 square feetof the non -coastal excavation orfilling maytake place within a Coastal Shoreline Area:of. Environmental Concern (AEC), For the purposes of this area calculation, the excavation or filling Impacts of the entire projeot:must be considered, which may inolude boat ramps;. bulkheads or other shoreline Water Quality Certification No: 3900 Water.Quality.Certification .N.o..3900_ stabilization measures. The applicant must comply with all applicable coastal stormwater rules; viii. Single family home construction that results in fill of 404 wetlands as long as written concurrence is not required from DWQ for the applicable Corps of Engineers Nationwide Permit; or b) Any stream relocation; or c) Any impact associated with a Notice of Violation or an enforcement action for violation(s) of DWQ Wetland Rules (15A NCAC 02H .0500), Isolated Wetland Rules (15A NCAC 02H .1300). DWQ Surface Water or Wetland Standards, or Riparian Buffer Rules (15A NCAC 02B .0200); or d) Any impacts to streams and/or buffers in the Nauss or Tar -Pamlico River Basins (or any other basin or watershed with Riparian Area Protection Rules [Buffer Rules] in effect at the time of application) unless the activities are listed as "EXEMPT" from these rules or a Buffer Authorization Certificate is issued through N.C. Division of Coastal Management (DCM) delegation for "ALLOWABLE" activities. In accordance with North Carolina General Statute 143-215.3D(e), written approval for a 401 Water Quality General Certification must include the appropriate fee. If a project also requires a CAMA Permit, then one payment to both agencies shall be submitted and will be the higher of the two fees. Activities Included In this General Certification that do not meet one of the thresholds listed above do not require written approval from the Division as long as they comply with the Conditions of Certification listed below. Activities authorized by Coastal Area Management Act (CAMA) General Permits do not require written.approval from the Division as long as they comply with the Conditions of Certification listed below. If any of these Conditions cannot be met, then written approval from the Division is required. Conditions of Certification: 1. No Impacts Beyond those Authorized in the Written Approval or Beyond the Threshold of Use of this Certification No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprfntofthe impacts depicted in th'e Pre•Cohstructlon Notification, aS authorized in the written approval from the Division or beyond the thresholds established for use of this Certification without written authorization, including incidental impacts. All construction activities, including the design, installation,, operation, and maintenance of sediment and erosion control Best Management Practices shall be performed so that no violations of state water quality standards, statutes, or rules occur. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of this permit. 2. Standard Erosion and Sediment Control Practices. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best. Management Practices and if applicable, comply with the specific conditions and requirements of the NPDES Construction stormwater Permit issued to the site: a) Design, Installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manuel. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor -owned or leased borrow pits associated with the project. Water Quality Certification No. 3900 Water-Quality-:Certification-No.-3900 —---------- b) For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual, c) Reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971, d) Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. e) If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS-I, WS-II, High Quality (HQW), or Outstanding Resource (ORW) waters, then the sedimentation and erosion control designs must comply with the requirements set forth in 15A NCAC 04B .0124, Design Standards in Sensitive Watersheds. 3. No Sediment and Erosion Control Measures In Wetlands or Waters Sediment and erosion control measures shall not be placed in wetlands or waters. Exceptions to this condition require application submittal to and written approval by the Division. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, then design and placement of temporary erosion control measures shall not be conducted In a manner that may result in dis-equilibrium of wetlands, stream beds, or banks, adjacentto or upstream and downstream of the above structures. All sediment and erosion control devices shall be removed and the natural grade restored within two (2)'months of the date that the Division of Land Resources (DLR) or locally delegated 'program has released the specific area within the project. 4. Construction Stormwater Permit NCG010000 An NPDES Construction Stormwater Permit Is required for construction projects that disturb one (1) or more acres of land. This Permit allows stormwater to be discharged during land disturbing construction activities as stipulated in the conditions of the permit, If your project _- .__.is covered by this, perrnjt full. compliance.with permit conditions including the erosion & sedimentation control plan, inspections and maintenance, self -monitoring, record keeping and reporting requirements Is required. A.copy of the general permit (NCG010000). inspection log sheets, and other information may be found at http:itnortal.nrdenr.oW/web/wghva/tu/npdessw#tab-w . The North Carolina Department of Transportation (NCDOT) shall be required to be in full compliance with the conditions related to construction activitieswithin the most recent version of their Individual NPDES (NCS000250) stormwater permit. 5. Construction Moratoriums and Coordination If activities must occur during periods of high biological activity, (i.e. sea turtle nesting, fish spawning, or bird nesting), then biological monitoring may be required at the request of other state or federal agencies and coordinated with these activities. All moratoriums on construction activities established by the NC Wildlife Resources Commission (WRC), US Fish and Wildlife Service (USFWS), NO Division of Marine Fisheries (DMF), or National Marine FisheriesService (NMFS) to lessen impacts on trout, anadromous fish, larvallpost-larval fishes and crustaceans, or,other aquatic species of concern shall be implemented. Exceptions to this condition require written approval by the resource agency responsible for the given moratorium. Water Quality Certification No. 3900 Water--Quality-Certification -No. 3900. Work within the twenty-five (25) designated trout counties or Identified state or federal endangered or threatened species habitat shall be coordinated with the appropriate WRC, USFWS, NMFS, and/or DMF personnel. 6. Dredging shall not cause Shellfish Closures The effluent water from the dredge spoil should not be released into open shellfish waters. Shellfish Sanitation and the Division of Water Quality must be notified if this is to occur. 7. Work in the Dry All work in or adjacent to stream waters shall be conducted so that the flowing stream does not come in contact with the disturbed area. Approved best management practices from the most current version of the NC Sediment and Erosion Control. Manual, or the NC DOT Construction and Maintenance Activities Manual, such as sandbags,.rock berms, cofferdams, and other diversion structures shall be used to minimize excavation In flowing water. Exceptions to this condition require application submittal to and written approval by the Division. S. Riparian Area Protection (Buffer) Rules Activities located in the protected riparian areas (whether jurisdictional wetlands or not), within the Neuse, Tar -Pamlico, or Catawba River Basins or in the Randleman, Jordan, or Goose Creek Watersheds (or any other basin or watershed with buffer rules) shall be limited to "uses" identified within and constructed In accordance with 15A NCAC 02B .0233, .0259, .0243, .0250, .0267 and .0605, and shall be located, designed, constructed, and maintained to have minimal disturbance to protect water quality to the maximum extent practicable _. through the use of best management practices. All buffer rule requirements, including diffuse flow requirements, must be met. 9. If concrete is used during the construction, then all necessary measures shall be taken to prevent direct contact between uncured or curing concrete and waters of the state. Water that inadvertently contacts uncured concrete shall not be discharged to waters of the state due to the potential for elevated pH and possible aquatic life[ fish kills. 10. Compensatory Mitigation In accordance with 15A NCAC 02H .0506 (h), compensatory mitigation may be required for losses of equal to or greater than 150 linear feet of streams (intermittent and perennial) and/or equal to. or greater than one (1) acre of wetlands. For linear public transportation projects, Impacts equal to or exceeding 150 linear feet per stream shall require mitigation. Buffer mitigation may be required for any project with Buffer Rules in effect at the time of application for activities classified as "Allowable with Mitigation" or"Prohibited" within the Tattle of Uses. A determination of buffer, wetland, and stream mitigation requirements shall be made for any General Water Quality Certification for this.Nationwide and/or Regional General Permit. Design and monitoring protocols shall follow the US Army Corps of Engineers Wilmington District Stream Mitigation Guidelines (April 2003) or its subsequent updates. Compensatory mitigation plans shall be submitted to the Division for written approval as required in those protocols. The mitigation plan must be implemented and/or constructed before any impacts occur on site. Alternatively, the Division will accept payment into an In -lieu fee program or a i mitigation bank. In these cases, proof of payment shall be provided to the Division before any impacts occur on site. Water Quality Certification No. 3900 4 - Water Quality-_ Certification No. 3900 - -- 11. Placement of Culverts and Other Structures in Waters and Wetlands Culverts required for this project shall be designed and installed in such a manner that the. original stream profiles are not altered and allow for aquatic life movement during low flows. Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal profile) must be maintained above and below locations of each culvert Placement of culverts and other structures in waters and streams must be below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow low flow passage of water and aquatic life. When topographic constraints indicate culvert slopes of greater than 5%, culvert burial is not required, provided that all alternative options for flattening the slope have been investigated and aquatic life movement! connectivity has been provided when possible (rock ladders, crossvanes, etc). Notification to the Division including supporting documentation to include a location map of the culvert, culvert profile drawings, and slope calculations shall be provided to the Division 60 days prior to the installation of the culvert. When bedrock is present in culvert locations, culvert burial is not required provided that there is sufficient documentation of the presence of bedrock. Notification to the Division including supporting:documentation such as, but not limited to, a location map of the culvert, geotechnical reports, photographs, etc shall.be provided to the Division a minimum of 60 days prior to the installation of the culvert. If bedrock is discovered during construction, then the Division shall be notified by phone or.email within 24 hours of discovery. If other site -specific topographic constraints preclude the ability to bury the culverts as described above and/or it can be demonstrated that burying the culvert would result in destabilization of the channel, then exceptions to this condition require application submittal to, and written approval by, the Division of Water Quality, regardless of the total impacts to streams or wetlands from the project. Installation of culverts in wetlands must ensure continuity of water movement and be designed to adequately accommodate high water or flood conditions Additionally, when roadways causeways, or ottierfilf projects are constructed across FEM'A-desig6ated' ' floodways or wetlands, openings such.as culverts or bridges must be provided to maintain the natural hydrology of the system as well as prevent constriction of the floodway that may result in destabilization of streams or wetlands. The establishment of native, woody vegetation and other soft stream bank stabilization techniques must be used where practicable instead of riprap or other bank hardening methods. 12. All temporary fill and culverts shall be removed and the Impacted area returned to natural conditions within 60 days of the determination that the temporary impact is no longer necessary. The impacted areas shall be restored to original grade, including each stream's original cross sectional dimensions, plan form pattern, and longitudinal bed and bed profile, and the various sites shall be stabilized with natural woody vegetation (except for the approved maintenance areas) and restored to prevent erosion. 13. All temporary pipes/ culverts/ riprap pads etc, shall be installed in all streams as outlined in the most recent edition of the North Carolina Sediment and Erosion Control Planning and Design Manual or the North Carolina Surface Mining Manual so as not to restrict stream flow or cause dis-equilibrium during use of this General Certification. Water Quality Certification No. 3900 Water -Quality Certification -No:-3900..-_ 14. Any riprep required for proper culvert placement, stream stabilization, or restoration of temporarily disturbed areas shall be restricted to the area directly impacted by the approved construction activity. All rip -rap shall buried and/or "keyed in" such that the original stream elevation and streambank contours are restored and maintained. Placement of rip -rap or other approved materials shall not result in de -stabilization of the stream bed or banks upstream or downstream of the area. 15. Any rip -rap used for stream stabilization shall be of a size and density so as not to be able to be carried off by wave, current action, or stream flows and consist of clean rock or masonry material free of debris or toxic pollutants. Rip -rap shall not be installed in the streambed except in specific areas required for velocity control and to'ensure structural integrity of bank stabilization measures. 16. If this Water Quality Certification is used to access building sites, then all lots owned by the applicant must be buildable without additional impacts to streams or wetlands. The applicant is required to provide evidence that the lots are buildable without requiring additional impacts to wetlands, waters, or buffers if required to do so in writing by the Division. For road construction purposes, this Certification shall only be utilized from natural high ground to natural high ground. 17. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters, and protective buffers within the project boundaries in order to assure compliance for future wetland, water, and buffer impact. These mechanisms shall be put in place at the time of recording of the property or of individual lots whichever is appropriate. A sample deed notification can be downloaded from the Division's web site at http:/lportal.ncdenr.orglweb/wq/swp/ws/401/certsandi)ermltilappiy/forms. Thetextofthe sample deed notification may be modified as appropriate to suit to a'specific project. Documentation of deed notifications shall be provided to the Division upon request. 1B. If an environmental document is required under the National or State Environmental Policy Act (NEPA or SEPA), then this General Certification is not valid until a Finding of No Significant Impact (FONSI) or Record of Decision (ROD) is Issued by the State Clearinghouse. 19. In the fvienty (20) coastal counties, the appropriate DWQ Regional Office must contacted to determine if Coastal Stormwater Regulations will be required. 20. This General Certification does not relieve the applicant of the responsibility to obtain all other required Federal, State, or Local approvals. 21. The applicantfpermittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal Law. If the Division determines that such standards or laws are not being met, Including failure to sustain a designated or achieved use,.or that State or Federal law is being violated, or that further conditions are necessary to assure compliance, then the Division may reevaluate and modify this General Water Quality Certification. 22. When written authorization is required for use of this certification; upon completion of all permitted impacts Included within the approval and any subsequent modifications, the applicant shall be required to return the certificate of completion attached to the approval. One copy of the certificate shall be sent to the DWQ Central office in Raleigh at 1650 Mail Service Center, Raleigh, NC, 27699-1650. 23. Additional site -specific conditions, including monitoring and/or modeling requirements, may be added to the written approval letter for projects proposed under this Water Quality Water Quality Certification No. 3900 6 Y - --- --- -- - - Water Quality CertificationNo,3000 -- -. .- Certification in order to ensure compliance with all applicable water quality and effluent standards. 24. This certification grants permission to the director, an authorized representative of the Director, or DENR staff, upon the presentation of proper credentials, to enter the property during normal business hours. This General Certification shall expire on the same day as the expiration date of the corresponding Nationwide andlor Regional General Permit. The conditions in effect on the date of issuance of Certification for a specific project shall remain in effect for the life of the project, regardless of the expirationdate of this Certification. Non-compliance with, or violation of the conditions herein set forth by a specific project may result in revocation of this General Certification for the project and may also result in criminal and/or civil penalties. I . The Director of the North Carolina Division of Water Quality may require submission of a formal application for Individual Certification for any project in this category of activity if it is determined that the project is likely to have a significant adverse effect upon water quality, including state or federally listed endangered or threatened aquatic species, or degrade the waters so that existing uses of the wetland or downstream waters are precluded. Public hearings may be held for specific applications or group of applications prior to a Certification decision If deemed in the public's best interest by the Director of the North Carolina Division of Water Quality. Effective date: March 19. 2012 DIVISION OF WATER QUALITY By Charles Wakild, P.E. Director History Note: Water Quality Certification (WQC) Number 3900 Issued March 19, 2012 replaces WQC Number3641 and 3642 issued March 19, 2007; WQC Numbers 3371 and 3400 issued March 18, 2002; WQC Number 3274 issued June 1, 2000; WQC Number3112 issued February 11, 1997; and WQC-Number 3626 issued September 6, 1995. This General CertIfication is rescinded when the Corps. of Engineers reauthorizes any of the corresponding Nationwide and/or Regional General Permits or when deemed appropriate by the Director of the Division of Water Quality. Water Quality Certification No. 3900 7 Bodnar, Gregg From: Davenport, Ryan Sent: Monday, February 20, 2017 2:12 PM To: Bodnar, Gregg Subject: Wainwright Slough Gregg, I recommend that the Carteret County application for the excavation of Wainwright Slough be issued with standard conditions. Ryan Davenport December 12, 2016 MEMORANDUM: TO: FROM: SUBJECT: Applicanti Project Location: G,wm>r . DONALD R, VAN DER VAART BRAXTON DAVIS Dinrmr 00 Renee Gledhill -Early NC Department of Cultural Resources Doug I-luggett Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Carteret County (Wainwright Slough) Carteret County, Conflux of Pamlico and Core Sound adjacent to Wainwright Island. ProposedProject- Proposes to maintenance excavate Wainwright Slough and place spoils in Wainwright area. Wainwright Slough is a federal channel. Approximately 40,000 CY would be excavated. Please indicate below your agency's position or viewpoint on the proposed project and return this form by January 1, 2017. If you have any questions regarding the proposed project, please contact RyanDavenport, Permit officer at (252) 808-2808. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. .This agency objects to the project for reasons described in the attached comments. SIGNED • }( DATE State ¢fNorW Gmti,�a 1 Envu¢amaaul Qsatiry 1 C¢srvl 4ianagemem 400 C¢mmetta Av=e I Morehead City, NC 28551 257.808.28081252-247-3330(fea) PAT MCCRORY DONALD R, VAN DER VAART swe, 'y BRAXTON DAVIS Coastal Management nr•n�r ENVIRONMENTAL DUALITY December 12, 2016 MEMORANDUM: TO: ShaneStlllhs.o regg Bodn Division of Coas a anagement FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Carteret County (Wainwright Slough) Project Location: Carteret County, Conflux of Pamlico and Core Sound adjacent to Wainwright Island. Proposed Project: Proposes to maintenance excavate Wainwright Slough and place spoils in Wainwright area. Wainwright Slough is a federal channel. Approximately 40,000 CY would be excavated. Please indicate below your agency's position or viewpoint on the proposed project and return this form by January 1, 2017. If you have any questions regarding the proposed project, please contact Ryan Davenport, Permit officer at (252) 808-2808. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no•comment on the proposed project. X. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons/described in the attached comments. SIGNED DATE State of North Carolina I Environmental Quality i Comtd Mmagement 400 Co.= Avenue [More6eed City, NC 28557 252-808-28081252-247-3330 (fax) ROY COOPER Gowe or '+ WILLIAM G. ROSS JR. Secrelary Coastal Management BRAXTON DAVIS ENVIRONMENTAL QUALITY /uaae ' TO: Doug Huggett, DCM Major Permit Coordinator FROM: Gregg Bodnar, DCM Fisheries Resource Specialist SUBJECT: Wainwrights Slough DATE: 1/4/2017 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 conduct maintenance dredging within a federally maintained channel and deposit spoil below mean low water (MLW), creating a spoil island. The dredge footprint and associated deposition of spoil adjacent to the channel at Wainwrights island has occurred in the past and was reviewed through the federal consistency process. A submerged aquatic vegetation (SAV) survey and essential fish habitat (EFH) report were provided in the application. The SAV survey located a small area of SAV to the south of the current marsh island, and the applicant has made efforts to avoid this area. NC DMF does identify the area of the proposed spoil deposition as SAV habitat, noting either active SAV growth or growth within the past 10 years. The site is the connection between two major sounds, Pamlico Sound to the north and Core Sound to the south, and is a vital migration and travel corridor for numerous species. Surrounding waters are classified as SA-ORW and are open to shellfish harvest. The applicant identifies the spoil will be placed adjacent to the navigation channel over a maximum footprint of 10.5 acres to an elevation of +1.5 (label not available) MLLW (mean low low water). A maximum slope of 2OftAft is also detailed relative to MLLW, and was identified to promote shorebird usage. Shallow bottom is an important foraging habitat for juvenile and adult fish and invertebrates, and aids in storing and cycling of sediment, nutrients, and toxins between the bottom and water column. Soft bottom habitat is used to some extent by most native coastal fish species in North Carolina. The habitat is particularly productive and, by providing refuge from predators, is an important nursery area. Species dependent on shallow bottom include clams, shrimp, crabs, flounder, spot, Atlantic croaker, sea mullet, and rays (Deaton et al. 2010). Many benthic predators are highly associated with the shallow bottom habitat, including flounders, weakfish, red drum, sturgeon and coastal sharks, although almost all fish will forage on microalgae, infauna, or epifauna on the soft bottom. Though it is well-intentioned and appreciated, to utilize the spoil discharge to the greatest beneficial extent by creating shorebird habitat, there is a tradeoff in the Hill of approximately 10.5 acres of shallow bottom and SAV habitat. Golder et al. (2008) provides guidance to the beneficial use of dredge spoil in creating shorebird habitat. For shorebird habitat, a gentle slope (up to 30:1) is preferable, but can be as steep as 3:1(Golder et al. 2008). It is strongly recommended that the applicant coordinate construction plans with The Audubon State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Avenue I Morehead City, NC 28557 252-80&28081252-247-3330 (fax) Society and NC WRC, to guarantee that the spoil is utilized to the most beneficial extent. This collaboration may identify portions of the spoil island that are less beneficial to birds where slopes can be increased. This should result in the most beneficial use of the spoil, while minimizing the loss of shallow bottom and SAV habitat. With the re-emergence of the spoil island, conditions could promote the re-establishment of SAV within the vicinity. If future dredge events that intend to deposit sediment within the proposed footprint are possible, additional recommendations may necessary to limit impacts to emergent or established SAV. Finally, with the location of the project at a junction between two major sounds, the area is utilized by numerous species as forage habitat, and a travel corridor for both small scale movements and migrations to the open ocean. The applicant intends to complete work before April 1, 2017. Past comments by NC during a USACE comment period detailed an in -water work moratorium of IApril to 310ctober and was agreed to by the USACE. Therefore, the standard moratorium on in -water work, to include dredging, from 1 April to 30 September is sufficient and recommended to reduce the negative effects on critical fish life history activities, to include spawning migrations and nursery functions. Contact Gregg Bodnar at (252) 808-2808 ext. 213 or gresg.bodnar@ncdenr.eov with further questions or concerns. Deaton, A.S., W.S. Chappell, K. Hart, J. O'Neal, B. Boutin. 2010. North Carolina Coastal Habitat Protection Plan. North Carolina Department of Environment and Natural Resources. Division of Marine Fisheries, NC. 639 pp. Golder, W., D. Allen, S. Cameron, and T. Wilder. 2008. Dredged material as a tool for management of tern and skimmer nesting habitats. DOER Technical Notes Collection (ERDC TN-DOER-E24), Vicksburg, MS: U.S. Army Engineer Research and Development Center. http://el.erdc.usace.army.mil/dots/doer/doer.html State of North Carolina I Environmental Quality I Coastal Management 1367 US Hwy 17 South I Ebubeth City, NC 27909 252.264-3901 PAT MCCRORY DONALD R. VAN DER VAART Sevetvry BRAXTON DAVIS Coastal ManagemenE n n•nur ENVIRONMENTAL QUALITY December 12, 2016 MEMORANDUM: TO: Sbane�st-aplvs o regg Bodn Division of Coas a anagement FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMAIDREDGE & FILL Permit Application Review Applicant: Carteret County (Wainwright Slough) Project Location: Carteret County, Conflux of Pamlico and Core Sound adjacent to Wainwright Island. Proposed Project: Proposes to maintenance excavate Wainwright Slough and place spoils in Wainwright area. Wainwright Slough is a federal channel. Approximately . 40,000 CY would be excavated. Please indicate below your agency's position or viewpoint on the proposed project and return this form by January 1, 2017. If you have any questions regarding the proposed project, please contact Ryan Davenport, Permit officer at (252) 808-2808. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no,comment on the proposed project. X This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED /f �? DATE State OfNotth Cueba I Enimnmental Quality I CoMtel Management 400 Conuneme Awnue 1 Morehead City, NC 28551 252-808-28081252-247.3330 (fa ) i ROY COOPER Governor C4 WILLIAM G. ROSS JR. Sreretory Coastal Management BRAXTON DAVIS ENVIRONMENTAL OIIALITY Dn,crm MEMORANDUM: TO: Doug Huggett, DCM Major Permit Coordinator FROM: Gregg Bodnar, DCM Fisheries Resource Specialist SUBJECT: Wainwrights Slough DATE: 1/4/2017 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 conduct maintenance dredging within a federally maintained channel and deposit spoil below mean low water (MLW), creating a spoil island. The dredge footprint and associated deposition of spoil adjacent to the channel at Wainwrights island has occurred in the past and was reviewed through the federal consistency process. A submerged aquatic vegetation (SAV) survey and essential fish habitat (EFH) report were provided in the application. The SAV survey located a small area of SAV to the south of the current marsh island, and the applicant has made efforts to avoid this area. NC DMF does identify the area of the proposed spoil deposition as SAV habitat, noting either active SAV growth or growth within the past 10 years. The site is the connection between two major sounds, Pamlico Sound to the north and Core Sound to the south, and is a vital migration and travel corridor for numerous species. Surrounding waters are classified as SA-ORW and are open to shellfish harvest. The applicant identifies the spoil will be placed adjacent to the navigation channel over a maximum footprint of 10.5 acres to an elevation of +1.5 (label not available) MLLW (mean low low water). A maximum slope of 20ft:1ft is also detailed relative to MLLW, and was identified to promote shorebird usage. Shallow bottom is an important foraging habitat forjuvenile and adult fish and invertebrates, and aids in storing and cycling of sediment, nutrients, and toxins between the bottom and water column. Soft bottom habitat is used to some extent by most native coastal fish species in North Carolina. The habitat is particularly productive and, by providing refuge from predators, is an important nursery area. Species dependent on shallow bottom include clams, shrimp, crabs, flounder, spot, Atlantic croaker, sea mullet, and rays (Deaton et al. 2010). Many benthic predators are highly associated with the shallow bottom habitat, including flounders, weakfish, red drum, sturgeon and coastal sharks, although almost all fish will forage on microalgae, infauna, or epifauna on the soft bottom. Though it is well-intentioned and appreciated, to utilize the spoil discharge to the greatest beneficial extent by creating shorebird habitat, there is a tradeoff in the fill of approximately 10.5 acres of shallow bottom and SAV habitat. Golder et al. (2008) provides guidance to the beneficial use of dredge spoil in creating shorebird habitat. For shorebird habitat, a gentle slope (up to 30:1) is preferable, but can be as steep as 3:1(Golder et al. 2008). It is strongly recommended that the applicant coordinate construction plans with The Audubon State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Avenue I Morehead City, NC 28557 252-808-2808 1252-247-3330(fax) Society and NC WRC, to guarantee that the spoil is utilized to the most beneficial extent. This collaboration may identify portions of the spoil island that are less beneficial to birds where slopes can be increased. This should result in the most beneficial use of the spoil, while minimizing the loss of shallow bottom and SAV habitat. With the re-emergence of the spoil island, conditions could promote the re-establishment of SAV within the vicinity. If future dredge events that intend to deposit sediment within the proposed footprint are possible, additional recommendations may necessary to limit impacts to emergent or established SAV. Finally, with the location of the project at a junction between two major sounds, the area is utilized by numerous species as forage habitat, and a travel corridor for both small scale movements and migrations to the open ocean. The applicant intends to complete work before April 1, 2017. Past comments by NC during a USACE comment period detailed an in -water work moratorium of lApril to 310ctober and was agreed to by the USACE. Therefore, the standard moratorium on in -water work, to include dredging, from 1 April to 30 September is sufficient and recommended to reduce the negative effects on critical fish life history activities, to include spawning migrations and nursery functions. Contact Gregg Bodnar at (252) 808-2808 ext. 213 or gregg.bodnarc@ncdenr.gov with further questions or concerns. Deaton, A.S., W.S. Chappell, K. Hart, J. O'Neal, B. Boutin. 2010. North Carolina Coastal Habitat Protection Plan. North Carolina Department of Environment and Natural Resources. Division of Marine Fisheries, NC. 639 pp. Golder, W., D. Allen, S. Cameron, and T. Wilder. 2008. Dredged material as a tool for management of tern and skimmer nesting habitats. DOER Technical Notes Collection (ERDC TN-DOER-E24), Vicksburg, MS: U.S. Army Engineer Research and Development Center. http://el.erdc.usace.army.mil/dots/doer/doer.html State of North Carolina I Environmental Quality I Coastal Management 1367 US Huy 17 South I ElirabeW City, NC 27909 252.264-3901 PAT MCCRORY Cro mor CoasralManagement ENVIRONMENTAL QUALITY December 12, 2016 MEMORANDUM: TO: FROM: SUBJECT: Applicant: RECEIVED 3AN 0 4 2017 DONALD R. VAN DER VAART SxcroMry BRAXTON DAVIS F,,.-7-,.y��:`r DEC 1 9 2016 DCM- MHD CITYa STATE ` ,-, .. PERTY CFFICE Tim Walton State Property Office Doug Huggett Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Carteret County (Wainwright Slough) Project Location: Carteret County, Conflux of Pamlico and Core Sound adjacent to Wainwright Island. Proposed Project: Proposes to maintenance excavate Wainwright Slough and place spoils in Wainwright area. Wainwright Slough is a federal channel. Approximately 40,000 CY would be excavated. Please indicate below your agency's position or viewpoint on the proposed project and return this form by January 1, 201 T If you have any questions regarding the proposed project, please contact Ryan Davenport, Permit officer at (252) 808-2808. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. ►L This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This a ency objects to the project for reasons described in the attached comments. SIGNED DATE 4"'al State of North Carolina I Environments( Quality I Cowtal Management 400 Commerce Avenue I Morehead City, NC 28557 252-808-28081252-203330 (fax) 0 PAT MCCRORY Gown DONALD R. VAN DER VAART S—fary Coastal Management E VIRONHRNTAL QUALITY DEC 15 2016 Shellfish Sanitation & Recrearo-a Water Quality Sec- c- December 12, 2016 MEMORANDUM: TO: Shannon Jenkins Shellfish Sanitation FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Carteret County (Wainwright Slough) BRAXTON DAVIS Dim"or Project Location: Carteret County, Conflux of Pamlico and Core Sound adjacent to Wainwright Island. Proposed Project: Proposes to maintenance excavate Wainwright Slough and place spoils in Wainwright area. Wainwright Slough is a federal channel. Approximately 40,000 CY would be excavated. Please indicate below your agency's position or viewpoint on the proposed project and return this form by January 1, 2017. If you have any questions regarding the proposed project, please contact Ryan Davenport, Permit officer at (252) 808-2808. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. RECEIVED This agency has no comment on the proposed project. DEC 2 2 Z016 This agency approves of the project only if the recdrhhi8htled"clh�anngess IarrY incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED(/A*U_ Q� �fi'�/ DATE /d /�0// % fo12 Sha,nns'i J I6i✓lS State of North Caroline I Environmental Quality I Coaatel Management 400 Commerce Avenue I Morehead City, NC 28557 252-808-28091252-247.3330(fax) Coastal Management ENVIRONMENTAL QUALITY December 12, 2016 PAT MCCRORY C,ox mvr DONALD R. VAN DER VAART Secrcrory BRAXTON DAVIS Dift."Or ECEIVE DEC 19 2016 BY: ME RANDUM: Georgette Scott - Division of Energy, Mineral, & Land Resources FR Doug Huggett RECEIVED Major Permits Processing Coordinator DEC 2 9 2016 SUBJECT: CAMA/DREDGE & FILL Permit Application Review DCM- NrHD CITY Applicant: Carteret County (Wainwright Slough) Project Location: Carteret County, Conflux of Pamlico and Core Sound adjacent to Wainwright Island. Proposed Project: Proposes to maintenance excavate Wainwright Slough and place spoils in Wainwright area. Wainwright Slough is a federal channel. Approximately 40,000 CY would be excavated. Please indicate below your agency's position or viewpoint on the proposed project and return this form by January 1, 2017. If you have any questions regarding the proposed project, please contact Ryan Davenport, Permit officer at (252) 808-2808. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This .agency approves of the project only if the recommended changes are incorporated. See attached. �j _ This agency objects to the project for reasons described in the attached comments. SIGNED C% Y C� _s: DATE State of North Carolina I Environmental Quality I Comm) Management 400 Commute Avenue I Morehead City, NC 28557 252-808-28091252-247-3330(fox) a PAT MCCRORY Cx ,Vmor. . DONALD R. VAN DER VAART Sewtaty BRAXTON DAVIS Director December 12, 2016 MEMORANDUM: TO: Rachel Love-Adrick Division of Coastal Management FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Carteret County (Wainwright Slough) Project Location: Carteret County, Conflux of Pamlico and Core Sound adjacent to Wainwright Island. Proposed Project: Proposes to maintenance excavate Wainwright Slough and place spoils in Wainwright area. Wainwright Slough is a federal channel. Approximately 40,000 CY would be excavated. JimPI e ' dicate below your agency's position or viewpoint on the proposed project and return this form by , 2017. If you have any questions regarding the proposed project, please contact Ryan Davenport, Permit officer at (252) 808-2808. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. is g nc bj o e project for reasons described in the attached comments. SIGNED TE I21 K I State of North Carolina I Enviroumental Quality I Coastal Mauagament 400 Commerce Avenue 1 Morehead City, NC 28557 252-808-29081252-247J930 (faz) K I --r`0. Coastal Management FNVIPO1, 1`4T.At QUALITY MEMORANDUM PAT MCCRORY Couemor DONALD R. VAN DER VAART Secrclnry TO: Doug Huggett, Major Permits Processing Coordinator Division of Coastal Management FROM: Rachel Love-Adrick, District Plannerl� Division of Coastal Management BRAXTON DAVIS Dimclor SUBJECT: Major Permit request by N.C. Carteret County Board of County Commissioners, Wainwright Slough Navigation Maintenance. DATE: December 16, 2016 Consistency Determination: The request is consistent with/not in conflict with the Carteret County Land Use Plan certified by the CRC on December 20, 2010. Overview: The project site is located at the conflux of Pamlico Sound and Core Sound off Cedar Island, Carteret County. The applicant is requesting to excavate approximately 40,000 CY of Wainwright Slough and place the spoils in the Wainwright Island area. The proposed cut would be 2,600' long and 75' wide. Water depth would increase from -4 MLLW to -7 MLLW. The spoil material will be placed in a manner to encourage shorebird use of the island. The area of Core Sound is classified as SA (Market Shellfishing, Salt Water) and ORW (Outstanding Resource Water). It is not a Primary Nursery Area (PNA), and is open to the harvesting of shellfish. Wainwright Island is less than .5 acres and is dominated by Coastal Wetlands Sportina alterniflora (Wainwright Slough Project Narrative, pg. 7). There is a patch of H. wrightii SAV (Submerged Aquatic Vegetation) to the south of the island. There are no cultural or historic resources in the project according to the State Historic Preservation Office (Wainwright Slough Project Narrative, pg. 8). Anticipated impacts resulting from this project are expected to include: the dredging of 7 ac of open water and the filling of 10 ac of open water. Temporary Siltation would occur during excavation and could affect Coastal Wetlands and SAV area. Basis for Determination: The project site is located in Carteret County and is subject to the 2005 Carteret County Land Use Plan Update. The Future Land Use Map (FLUM) designates the site as Conservation due to the sites location in Estuarine Shoreline, Public Trust Area, and Estuarine Waters, and Coastal Wetlands AECs (Areas of Environmental Concern). -"-'Nothing Compares State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Avenue I Morehead City, NC 28557 252-808-28081252-247-3330(faa) North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 2 of 2 Land uses allowed in Areas of Environmental Concern are those consistent with the State's minimum use standards and state and federal regulations. The following LUP policies may be applicable to this request: Policy 2.1 Carteret County's policies for development in coastal and non -coastal ("404," "401," or jurisdictional) wetlands are as follow: 1. "Carteret County will allow only land uses in coastal wetlands that require water access, cannot function elsewhere, and are consistent with state and federal regulations. Examples of acceptable uses are utility easements, piers, and docks." Policy 2.2 Carteret County's policies for development in coastal shoreline areas are as follow: "Carteret County will allow all uses (such as residential, commercial, industrial, and institutional) in estuarine shoreline and ORW estuarine shoreline areas, provided all local, state, and federal standards are satisfied." Policy 2.4 Carteret County's policies for development in estuarine and public trust waters are as follow: 1. "Carteret County will only allow development activities in estuarine and public trust waters that are associated with water -dependent uses, consistent with state and federal standards, and meet all local policies contained in this plan." !'Nothing Compares State of Noah Caroline I Environmental Quality � Costal Management 400 Commerce Aveme I Morehead City, NC 28557 252-808-2808 1252-247-3330 (fax) PAT MCCRORY Gmmor 'r L�� DONALD R. VAN DER VAART 4xxtary - BRAXTON DAVIS CoastafMamgement ENVIRONNENTA4 QUALITY December 12, 2016 DEC ) 9 t; MEMORANDUM:✓iRp _� Jv� s: TO: Diane Williams Public Water Supply FROM: Doug Huggett Major Permits Processing Coordinator RECEIVED SUBJECT: CAMA/DREDGE & FILL Permit Application Review DEC 2 9 2016 Applicant: Carteret County (Wainwright Slough) DCM- MHD CITY Project Location: Carteret County, Conflux of Pamlico and Core Sound adjacent to Wainwright Island. Proposed Project: Proposes to maintenance excavate Wainwright Slough and place spoils in Wainwright area. Wainwright Slough is a federal channel. Approximately 40,000 CY would be excavated. Please indicate below your agency's position or viewpoint on the proposed project and return this form by January 1, 2017. If you have any questions regarding the proposed project, please contact Ryan Davenport, Permit officer at (252) 808-2808. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED 4�t 41,z DATE IZIo1 State of North Carolina I bnviron nentat Quality I C,,,W M.Wmeat 400 Commerce Avenue I Morehead City, NC 28551 252-808-28091252-241-3330(fax) r "'"� PAT MCCRORY Gownor - Ta DONALD R. VAN DER VAART :erxlnry . Coastal Management BRAXTON DAVISnu •nor ENVIRONMENTAL OVAU7V December 12, 2016i' s F� 1 MEMORANDUM: ' TO: Dan Sams Division of Energy, Mineral & Land Resources FROM: Doug Huggett Major Permits Processing Coordinator RECEIVED SUBJECT: CAMA/DREDGE & FILL Permit Application Review DEC 2 9 2016 Applicant: Carteret County (Wainwright Slough) DCM- MHD CITY Project Location: Carteret County, Conflux of Pamlico and Core Sound adjacent to Wainwright Island. Proposed Project: Proposes to maintenance excavate Wainwright Slough and place spoils in Wainwright area. Wainwright Slough is a federal channel. Approximately 40,000 CY would be excavated. Please indicate below your agency's position or viewpoint on the proposed project and return this form by January 1, 2017. If you have any questions regarding the proposed project, please contact Ryan Davenport, Permit officer at (252) 808-2808. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. y. This agency approves of the project only if the recommended changes are incorporated. See attached. 1; he_o 1"8; a iv, b. ,� �� r...z_ c," � ; s for fI1 Ort�at �) sposa-1 I e-f vs;t r. 5cc1lln-.. cu.4o( d-A S,4vt oo-te-f f2✓ ccJs 6ubm;. Y�c e�Sa U This agency objects to the project for reasons described in the attached comments. SIGNED DATE 1Z Z22 State of Nordi Carolina I Environmental Quality I CO&SW Management 400 Commerce Avenue I Morehead City, NC 28557 252-808-2808 1 252-247.3330 (fax) CoastslManagemenr E0=41etENTAL 901TY December 12, 2016 MEMORANDUM: TO: Lee Padrick Division of Community Assistance FROM: Doug Huggett Major Permits Processing Coordinator PAT MCCRORY DONALD R. VAN DER VAART rcxtory BRAXTON DAVIS Dorn r SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Carteret County (Wainwright Slough) RECEIVED JAN 2 0 2017 DCM- MHD CITY Project Location: Carteret County, Conflux of Pamlico and Core Sound adjacent to Wainwright Island. Proposed Project: Proposes to maintenance excavate Wainwright Slough and place spoils in Wainwright area. Wainwright Slough is a federal channel. Approximately 40,000 CY would be excavated. Please indicate below your agency's position or viewpoint on the proposed project and return this form by January 1, 2017. If you have any questions regarding the proposed project, please contact Ryan Davenport, Permit officer at (252) 808-2808. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as pr�sed. � 1 his agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED y� DATE State ofNorlh Carolina I Environmental Quality I Coastal Management 400 Commerce Avenue I Morehead City, NC 28557 252-808-28081252-247-3330(fox) Bodnar, Gregg From: Mairs, Robb L Sent: Monday, January 23, 2017 3:58 PM To: Huggett, Doug; Bodnar, Gregg Subject: FW: Wainwright Slough Navigation Maintenance -Carteret Co. Fyi. I will forward any further correspondence I receive from the applicant/agent Thanks, From: Mairs, Robb L Sent: Monday, January 23, 2017 3:01 PM To:'rneal@moffattnichol.com' <rneal@moffattnichol.com> Subject: Wainwright Slough Navigation Maintenance -Carteret Co. Hey Robert, This follows our phone conversation this p.m. As discussed, through correspondence with Liz Hair with the USACE on 1/19/2017 on the status of this project, and due to when it will be sent out through their GP 291 process, our clock will end. Hence, it would benefit the County to request that the 401 Certification application to be place on hold until the USACE receives comments back from the federal review agencies. Thanks and feel free to give me a call if you have any questions. 10 Robb Mairs Environmental Senior Specialist Division of Water Resources North Carolina Department of Environmental Quality 910 796.7427 office robb. mairs(cDncdenr.gov 127 Cardinal Drive Extension Wilmington, NC 28405 Nothing Compares.�r Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Bodnar, Gregg From: Mairs, Robb L Sent: Tuesday, January 24, 2017 5:36 PM To: Huggett, Doug; Bodnar, Gregg Subject: FW: Wainwright Slough Navigation Maintenance -Carteret Co. Fyi From: Neal, Robert [mailto:rneal@moffattnichol.com] Sent: Tuesday, January 24, 2017 5:00 PM To: Mairs, Robb L <robb.mairs@ncdenr.gov> Cc: Martin, Johnny <JMartin@moffattnichol.com>; McCrain, Jerry <jmccrain@moffattnichol.com>; Rudi Rudolph <grudolph@carteretcountygov.org> Subject: RE: Wainwright Slough Navigation Maintenance -Carteret Co. Robb, I appreciate the phone conversation and the follow-up discussion concerning the Wainwright permit. On behalf of Carteret County I would like to request for the 401 Certification applicable to Wainwright Slough to be placed on hold until the USACE GP 291 process is complete. I understand this provides the most efficient path forward for the County to obtain the state and federal permits for Wainwright Slough. I understand this process allows the County to avoid the potential need to re -submit the permit application if the GP 291 permit is not consistent with the 401 certification. I appreciate you reaching out to us to resolve this discrepancy. Robert Neal Moffatt & Nichol 272 N. Front Street I Suite 204 1 Wilmington, NC 28401 P 910.218.7100 1 F 919.781.4869 1 C 910.524.3285 From: Mairs, Robb L [mailto:robb.mairs@ncdenr.eov] Sent: Monday, January 23, 2017 3:01 PM To: Neal, Robert <rneal@moffattnichol.com> Subject: Wainwright Slough Navigation Maintenance -Carteret Co. Hey Robert, This follows our phone conversation this p.m. As discussed, through correspondence with Liz Hair with the USACE on 1/19/2017 on the status of this project, and due to when it will be sent out through their GP 291 process, our clock will end. Hence, it would benefit the County to request that the 401 Certification application to be place on hold until the USACE receives comments back from the federal review agencies. Thanks and feel free to give me a call if you have any questions. Robb Mairs Environmental Senior Specialist Division of Water Resources North Carolina Department of Environmental Quality 910 796.7427 office robb.mairs@ncdenr.gov 127 Cardinal Drive Extension Wilmington, NC 28405 -= Nothing Compares-z. Email correspondence to and from this address is subject to the North Carolina Public Records Law and maybe disclosed to third parties. f 1 PAT MCCRORY rr mdr DONALD R. VAN DER VAART Secretory Coastal Management ENVIRONMENTAL QUALITY December 12, 2016 MEMORANDUM: TO: Local Permit Officer Carteret County DEC 1 9 2016 FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review BRAXTON DAVIS Dhvaor Applicant: Carteret County (Wainwright Slough) Project Location: Carteret County; Conflux of Pamlico and Core Sound adjacent to Wainwright Island. Proposed Project: Proposes to maintenance excavate Wainwright Slough and place spoils in Wainwright area. Wainwright Slough is a federal channel. Approximately 40,000 CY would be excavated. Please indicate below your agen IS position or viewpoint on the proposed project and return this form by January 11 2017. If you have y questions regarding the proposed project, please contact Ryan Davenport, Permit officer at (252) 80 808. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. SIGNED This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. DATE I co, RECEIVED FEB 0 6 2017 Stale ofNath Cmbma I EuvlmumeaW Quality I CoasW Mauagem, D C M- M H D CITY 400 Co=m Amm I Morehead City, NC 28557 252.808-28081252-24M330(fox) FILE Bodnar, Greg From: Dunn, Maria T. Wke COM"Wk�, j n�rnC�ais� 16S� Sent: Wednesday, February 22, 2017 2:00 PM J To: Bodnar, Gregg Subject: RE: Comments I didn't write any. The moratoria needed were within the original documentation and the proposed project area was not problematic. The only recommendations would be to coordinate with Audubon in future management activities to minimize impacts to birds as well as consultation to best design the island (this is dependent upon island size at the time of dredging, vegetation, etc.) There is a potential pre -construction meeting Tuesday where I was going to request the height of the island be greater than proposed in the narrative, but that wouldn't change any permit allowances, just better management options so I didn't think it was needed during the application review. If you need me to send something, I can. It would be quick and simple, but I could get it done this afternoon. I tried to call Doug to discuss this afternoon, but I believe he is out of the office. From: Bodnar, Gregg Sent: Wednesday, February 22, 2017 1:46 PM To: Dunn, Maria T. <maria.dunn@ncwildlife.org> Subject: RE: Comments No worries. I'll be there in Chowan County tomorrow so I'll see you then. Let me know if you have your Wainwrights comments available as well. We can't find them and Doug was hoping to get the permit written tomorrow. Thanks and hope you all are feeling better, Gregg From: Dunn, Maria T. Sent: Wednesday, February 22, 2017 1:23 PM To: Bodnar, Gregg <greaa.bodnar@ncdenr.aov> Subject: RE: Comments Hi Gregg, I apologize for any delay to all your requests, but I was on leave for a week and then my family has had the flu. I am working this afternoon from the house with hopes to work from the office tomorrow (after the Chowan Co. on -site meeting). I sent the DMF project comments some time ago. They were just "no comment". Since I am not in my office, I can't tell you dates or give my file copy. I will do so tomorrow. Once again, I apologize for any inconvenience. Maria Maria T. Dunn Coastal Coordinator NC WIIdIIfee Co leslon 943 Washi all Washington, NC 27889 office: 252-948-3916 fax: 252-975-3716 www.ncwildlife.org Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. From: Bodnar, Gregg Sent: Wednesday, February 22, 2017 9:17 AM To: Dunn, Maria T. <maria.dunn@ncwildlife.or¢> Subject: Comments Hey Maria, I wanted to check on a few comments. They might have gotten lost here since comments seem to be ending up all over right now. If you have them can you re -send them to me? NCDM F AR-380 NCDMF AR-320 Thanks as always! Gregg Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 ext 215 office Greaa.Bodnar@ ncdenr.aov 400 Commerce Ave Morehead City, NC 28557 -: f'"NrsthingCompares Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. 2 Permit Class Permit Number NEW 29-17 STATE OF NORTH CAROLINA Department of EVironmental Quality. , and Q� Coastal Resources Commission Vern't 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 Carteret County Board of Commissioners, 302 Courthouse Square, Beaufort, NC 28516 Authorizing development in Carteret County at Wainwright Slough, at conflux of Pamlico and Core Sounds as requested in the permittee's application dated 12/7/16 (MP-1) & 12/6/17 (MP-2), incl. attached drawings (8), Sheets 3-10 of 10, all dated 12/7/16, and project narrative dated received 12/8/16. This permit, issued on February 23, 2017 , 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 oe subject to nnes, imprisonment or cwu action; or may cause me permit to oe min ana vota. 1) In order to protect juvenile fmfish resources and seasonal migrations of fish and protected species (i.e. sturgeon and sea turtles), no excavation or filling activities will be permitted between April 1 and November 15 of any year without prior approval from the Division of Coastal Management and the U.S. Army Corps of Engineers, in consultation with appio riate resource agencies. NOTE: For the 2017 dredging season, activities related to demobilization efforts may take place until April7a'. RECEIVED MAR 0 8 2017 (See attached sheets for Additional C,9 itiDGY-pgsl D CITY 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, 2020 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. Braxt n C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Carteret County Board of Commissioners Permit No. 29-17 Wainwright Slough Dredging Project Page 2 of 3 ADDITIONAL CONDITIONS I Excavation 2) All excavation shall take place entirely within the areas indicated on the attached workplan drawings. 3) Excavation shall not exceed -9' MLLW (excavation depth of -7 MLLW with a 2' overdredge allowance). Maintenance Clause 4) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of each dredging event authorized by this permit, and such notification shall include: A. The number of the original permit. B. A statement that no dimensional changes are proposed. C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the method to be utilized for dredging and the area to be used for spoil disposal, and the estimated amount of material to be removed. D. The location of any known SAV beds within the project area. E. The date of map revision and the permittee's signature shown anew on the original plan. Bird Nestine and Foraeine Habitat Restoration 5) Unless specifically altered herein, the disposal of dredge materials for the creation 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" 12/8/16. U.S. Army Corns of Eneineers Conditions 6) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant shall implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/nc-es/mammal/manatee ¢uidelines.pdf. 7) The applicant shall implement attached National Marine Fisheries Service (NMFS) Sea Turtle and Smalltooth Sawfish Construction Conditions in order to further reduce the risk by requiring all construction workers watch for sturgeon and sea turtles. Operation of any mechanical construction equipment shall cease immediately if a protected species is seen within a 50-ft radius of the equipment. Activities shall not resume until the protected species has departed the project area of its own volition. 8) Best management practices identified as field marking the existing SAV population, wetland grasses, oyster reefs and any shell bottom locations at low -tide shall be implemented in order to prevent construction and dredging equipment from negatively impacting those resources. RECEIVED MAR 0 8 2017 Carteret County Board of Commissioners Wainwright Slough Dredging Project Permit No. 29-17 Page 3 of 3 ADDITIONAL CONDITIONS RECEIVED General MAR 0 8 2017 9) The permittee understands and agrees that, if future operations bylk9edrygyir ,the removal, relocation, or other alteration of the structure or work au b r , 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. NOTE: The permittee is encouraged to coordinate future management activities with the Audubon Society to develop strategies and implement design considerations and best management practices that further minimize impacts to bird habitat. 10) 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. 11) 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 prior to the initiation of any dredging or mobilization activities. 12) The authorized project shall not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 13) This permit does not authorize any permanent or long-term interference with the public's right of access and/or usage of all State lands and waters. 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, ext. 108 to discuss operations and appropriate lighting, markers, etc. for all dredge equipment. NOTE: The U.S. Army Corps of Engineers assigned the authorized project SAW-2016-01676. NOTE: The Division of Water Resources authorized the proposed project under General Water Quality Certification No. 2900 (DWR Project No. 20061064v2), which was issued on 2/20/17. NOTE: An application processing fee of $475 was received by DCM for this project. This fee alsc satisfied the Section 401 application processing fee requirements of the Division of Water Resources. DIVISION OF COASTAL MANAGEMENT .Application Processing Notes Applicant:- `d ate( SS�c�-!1/i-4 Type: (check all that apply) . New Major Mod_ Perin it# Minor Mod_ Renewal_ Transfer Permit Field 1 ate ime _ _ Maewessa �Dw,2,cO Gmod -Irom 4(q,�s (yul \ T " '�LLC Q7MMHen1S 71ont rr rC�uni tti t4 D�AQ o4ek cods. Pll l c� kpi�'f u �eoa,4ts .�^L•��S 04%k 7fe 6PZs//�ccss, i i 1 7" t i i a- E I. i 7.. 4 ft Bodnar, Gregg From: Huggett, Doug Sent: Thursday, March 30, 2017 5:21 PM To: Neal, Robert; Martin, Johnny (JMartin@moffattnichol.com); 'g rudol ph@carteretcountygov.org' Cc: Staples, Shane; Bodnar, Gregg; Weychert, Curtis R, Dunn, Maria T.; Ken Riley - NOAA Federal; Davenport, Ryan; Lopazanski, Mike; Davis, Braxton C; Hair, Sarah E SAW <Sarah.E.Hair@usace.army.mil> (Sarah.E.Hair@usace.army.mil); Huggett, Doug Subject: FW: Wainwright Slough - Permit Extension Request Attachments: 9607-Wainwright Slough -Permit Extension Request-032717.pdf Robert After coordination with appropriate resource agencies, DCM can agree with the 15-day dredging extension request outlined below. Please note that this authorization does not eliminate the need to obtain any approvals that may be required from the U.S. Army Corps of Engineers. I hope that this extension will allow for the completion of this project, which we know is of great importance to the County. As always, if you have any questions about this or any other matter, please feel free to let me know. Sincerely, Doug From: Davenport, Ryan Sent: Tuesday, March 28, 2017 12:09 PM To: Huggett, Doug <doug.huggett@ncdenr.gov> Subject: FW: Wainwright Slough - Permit Extension Request From: Neal, Robert [mailto:rneal@moffattnichol.com] Sent: Monday, March 27, 2017 11:38 AM To: Davenport, Ryan <rvan.davenport @ncdenr.gov> Cc: Martin, Johnny <JMartin@moffattnichol.com>; Rudi Rudolph<Rrudolph@carteretcountvgov.org>; Gene Foxworth <Eugene.Foxworth@carteretcountvnc.gov>; Tommy Burns <tommv.burns@carteretcountvnc.go_v> Subject: Wainwright Slough - Permit Extension Request Ryan, Good morning and hope all is well. Please find attached a request on behalf or Carteret County to extend the allowable dredging time for CAMA permit 29-17 (Wainwright Slough) to April 151h. We were hopeful the project could have been completed by the current April 1 deadline. However, at this point a permit extension is most likely necessary to complete the work prior to this year's commercial fishing season. We appreciate the Division's assistance thus far with the project and remain open to discuss the path forward at your convenience. Please feel free to contact myself or Greg'rudi' Rudolph (Ph: 252.222.5835) with Carteret County if there are any questions or we may provide additional information. Best Regards, Robert Neal, P.E. Moffatt & Nichol 272 N. Front Street I Suite 204 1 Wilmington, NC 28401 P 910.218.7100 1 F 919.781.4869 1 C 910.524.3285 Creative People, Practical Solutions. ° Connect with us: Website I Facebook I Linkedln I Twitter z Huggett, Doug From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Sent: Thursday, February 23, 2017 11:35 AM To: Neal, Robert; Davenport, Ryan; Bodnar, Gregg; Ken Riley; Mairs, Robb L; Matthews, Kathy, Nicole Bonine - NOAA Federal Cc: Huggett, Doug; Martin, Johnny; McCrain, Jerry, Rudi Rudolph; Owens, Jennifer L CIV USARMY CESAW (US); Reusch, Eric G CIV USARMY CESAW (US) Subject: GP 291/Wainwright Slough/ SAW-2016-01676 Attachments: GP 291 Wainwright Island-signed.pdf; PGP291-2016-12-23.pdf; copy - FINAL -Signed -Wainwright Slough_408 MFR_(21FEB2017).pdf, manatee_guidelines.pdf, sea_turtle_and_smalltooth_sawfish_construction_conditions_3-23-06.pdf; plans.pdf All: Attached please find an electronic copy of the Corps verification letter with special conditions, GP 291, plans, and the signed 408 memo for the Wainwright Slough project in Carteret County. A hard copy will be mailed to the applicant which will include the above documents, a copy of the 401 certification, and a copy of the DCM CAMA authorization (once received). Agencies: No hard copy will be mailed. Please let me know if anyone has any questions related to this authorization. Thank you, Liz Hair Project Manager USACE-Wilmington District Wilmington Regulatory Field Office 69 Darlington Avenue Wilmington, NC 28403 910-251-4049 Sarah.e.hair@usace.army.mil 10 -20 STATION 10+00 %i E o. -1+00 0+00 RANGE (FT) STATION 14+00 10 3 1+00 STATION 12+00 to 3 .20 -1+00 0+00 RANGE (FT) STATION 16+00 10 3 NAVD(0.1 FI) 0 F z a w 1+00 �1 NAVD(0.1 FT) NAVD(0.1 FT) I -20 I I I 1 I I I 1 1 11� I I I� .20 -1+00 0+00 1+00 -1+00 0+00 1+00 RANGE (FT) RANGE (FT) FOR PERMITTING ONLY - NOT FOR CONSTRUCTION LEGEND --------- EXISTING GROUND (NOV. 2016) PROPOSED DESIGN TEMPLATE TIDAL RANGE (MLL)IV) — — — PROPOSED OVERDREDGE TEMPLATE MHW =0.38 Fr a s 1a ® PROPOSED DREDGE AREA MTL = 0.20 FT NAVD88=0.10FP VERTICAL SCALE: 1�1a CARTERET COUNTY MLW =0.01 FF "® WAINWRIGHT SLOUGH HORIZONTALSCALE:1' [W NAVIGATION MAINTENANCE ,",moffatt & nlchol PLIWOF 10 STA 10+00 TO 16+00 DRAN7NG DATE: DEC. 07 2106 STATION 18+00 10 0 0 5 -20 -1+00 0+00 RANGE (FT) STATION 22+00 to -20 1+00 MMM■DE 3 NAVD(0.I FT) 0 0 W -10 a w STATION 20+00 l-07'70761", OEM * SON!IME ■ ,s ii r' ii -20 -1+00 0+00 RANGE (FT) STATION 24+00 10 NAVD(0.1 FT) 0 z O d > -10 a w -20 1+00 mo■■sm iMEN MEN non MEN NEON MEMO ONO =0 iii!! !lions Emsmom Emmons nomom inmo ommooMMMOM SEEN EEMOO ooMMoons mnMEN MEN EM SEE 000aMO nooE1'�% %zzzrrll�lws EmmmE Miri" wm MEMO MEN= =MEN INSMESEEM MESON MEEEE MENEM mmomsE SOMMEn EnEEmEmM MEMNM gowns MENNEN sommoomm �osmsomms ommommom smonso NAVD(0.1 FT) I NAVD(0.1 FT) I -1+00 0+00 1+00 -1+00 0+00 1+00 RANGE (FT) RANGE (FT) FOR PERMITTING ONLY - NOT FOR CONSTRUCTION LEGEND --------- EXISTING GROUND (NOV. 2016) PROPOSED DESIGN TEMPLATE TIDAL RANGE (MLLW) — — — PROPOSED OVERDREDGE TEMPLATE MHW = 0.38 FT a s la ® PROPOSED DREDGE AREA MTL=0.20 FT NAVD88 = 0.10 FI' VERTICAL SCALE: 1�10 CARTERET COUNTY MLW - 0.01 FF a I WAINWRIGHT SLOUGH HORIZONTAL SCALE: I�IW NAVIGATION MAINTENANCE ,,,,moffatt & nlchol PG. 7 OF 10 STA I8+00 TO 24+00 DRAPING DATE: DEC. 07.21 W 3 7 10 -20 I— _1+00 10 STATION 26+00 0+00 STATION 30+00 1+00 10 STATION 28+00 SEEMMEEME ■■■■■■■■ ME■■■ mom ■■■■MMEM MMM ME■MM■MM OEM::::: immmM MMEME MENEM MEMME ME■EM iR"NNE EMME -20 I— _1+00 10 3 3 0+00 1+00 RANGE (FT) STATION 32+00 NAVD(0.1 FE) I NAVD(0.1 FI) -20 1 .... I . I t�ti -20 1 . 1 ' 1 • I ' i -1+00 0+00 1+00 -1+00 0+00 1-ou RANGE (FT) RANGE (FT) FOR PERMITTING ONLY - NOT FOR CONSTRUCTION LEGEND --------- EXISTING GROUND (NOV. 2016) PROPOSED DESIGN TEMPLATE TIDAL RANGE(MLLW) — — — PROPOSED OVERDREDGE TEMPLATE MHW = 0.38 FT a s m ® PROPOSED DREDGE AREA MTL = 0.20 Fr NAVD88 = O.10 F F VERTICAL SCALE: 1110' CARTERET COUNTY MLW = 0.01 FT "® WAINWRIGHT SLOUGH HORIZONTAL SCALE: Eaoa NAVIGATION MAINTENANCE ,", PG.80F 10 STA 26+00 TO 32+00 moffatt & nichol DRAWING DATE: DEC. 07 2106 STATION 34+00 STATION 36+00 10 10 I j 0 NAVD(O.I FT) 0 NAVD(O.IFT) -EI_ 0 o i- r t o 1 ° i -10 -10 Vir.._.. -20 -20 -1+00 0+00 1+00 -1+00 0+00 1+00 RANGE (FT) RANGE (FF) FOR PERMITTING ONLY - NOT FOR CONSTRUCTION LEGEND --------- EXISTING GROUND (NOV. 2016) PROPOSED DESIGN TEMPLATE TIDAL RANGE (MLLW) — — — PROPOSED OVERDREDGE TEMPLATE MHW=0.38 FT a s 1a ® PROPOSED DREDGE AREA MTL = 0.20 FT NAVD88=0.10FT VERTICAL SCALE: 1' 10' CARTERET COUNTY MLW =0.01 FT °® WAINWRIGHT SLOUGH HORIZONTAL SCALE:1" 100' NAVIGATION MAINTENANCE moffatt & nlChol FG.9 OF 10 STA 34+00 TO 36+00 DR ZO DATE: DEC. 07 2106 SECTION A' -A" I. NN \... \\.n\..MIN.... Ni Lill:. •:::::::.. ....17 I:::iii:i i•.: ••: I;;.NN. NNnouun. NNN. nM No TFM,�)RARV KNGALLOWED ....... .I..IMtl. ..:::::i _..N.....� . ....... 0+00 1+00 2+00 3+00 NOTES: 1. TEMPORARY DIKING SHALL BE CONSTRUCTED AS -NEEDED TO CONTROL EFFLUENT RUN-OFF FROM RE-ENTERING THE DREDGE AREA, HOWEVER NO DIKING SHALL BE ALLOWED ALONG SEGMENT E-F. 2. ALL DIKING MATERIAL SHALL BE SMOOTH GRADED UPON COMPLETION OF FILL OPERATIONS. 3. MAX. ALLOWABLE SLOPE FINISHED SLOPE AROUND PEREMITER OF MATERIAL PLACMENT SITE SHALL BE 1 V:20H (FEET) 3 6+00 7+00 8+00 RANGE (FT) SECTION B'-B" .....Mi: I:.nN.. ••11 n 1 11 1 11 Siillllll: • ............ ..................... .......... 6 ::1::suJi.:l:::ii:::i:::::•f:iii:ma::::::: s•::::::::.; ..... :........1 ..... ::� ............ .. E : :::i:.i:...::i:: :::::::: ............ .... ::...;a:::......a::.......;. ;.�................. ...."""" • N:i.Y.Af�iiYi.iiii:::: iiiiiiiiiii• ••N ;N•• OiiOO:•muln �i:N:@LEI.'.• .............. ..:::::::::::::: ..NN. e:p:N..... : i..N.li"�.I..H../ .M... n.....NN.::::u::::..;....m•i�•�\�NSS:S;iio•••:: 1 LEGEND - - - - - - - - - EXISTING PROFILE (NOV. 2016) — — — MAX. (HIGHEST) FILL ELEVATION PG. 10 OF 10 DRAWING L TIDAL RANGE (M1.LW) MHW =0.38 FT MTL = 0.20 FT NAVD88 = 0.10 FT MLW = 0.01 FT 10 30 FOR PERMITTING ONLY - NOT FOR CONSTRUCTION VERTICAL SCALE: Pl20' a Iw 2w ensonsiommmm CARTERET COUNTY HORIZONTAL SCALE: 1 —200 WAINWRIGHT SLOUGH NAVIGATION MAINTENANCE ,",moffatt & niCh01 MATERIAL PLACEMENT SITE - SECTION VIEWS U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2016-01676 County: Carteret U.S.G.S. Quad: NC -ATLANTIC EAST GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Address: Telephone Number: Size (acres) Nearest Waterway USGS HUC Carteret County Board of Commissioners Mr. Tommy Burns Mr. Rudi Rudolph 302 Courthouse Square Beaufort, NC 28516 252-728-8450 17 acres Nearest Town Cedar Island Atlantic Ocean River Basin Pamlico 03020105 Coordinates Latitude:34.988986 Longitude:-76.206383 Location description: The proiect site is located within the US Army Corps of Engineers federally authorized channel and on Wainwright Island, within waters of the Pamlico Sound, located east of Cedar Island, in Carteret County North Carolina. Description of projects area and activity: This verification authorizes maintenance excavation and disposal on Wainwright Island. Specifically, impacts authorized total the removal of 40,000 cubic yards of material from Wainwright Sloueh in order to improve navigation conditions and deposit the dredged material via hydraulic pipeline within a 780-foot by 570-foot area at Wainwright Island, in order to recreate 10.5 acres of colonial bird habitat. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ® Sections 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number or Nationwide Permit Number: 291 SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and attached information dated December 19, 2016. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (LAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Morehead City, NC, at (252) 808-2808. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Sarah Hair at (9110) 251-4049 or Sarsh.E.Hair(ii),usace armv.mil. Corps Regulatory Official: �` ;- Y ram' Date: February 22, 2017 Expiration Date of Verification: ecember 31, 2021 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at http://coLpsmapu.usace.anny.mil/cm gpex/Pp=136:4:0. Electronic copy furnished: Mr. Johnny Martin, Moffat and Nichol Mr. Robb Mairs, NC DWR-DEQ Mr. Ryan Davenport, NC DCM Ms. Kathy Matthews, USFWS Ms. Nicole Bonine, NOAA-NMFS-PRD Dr. Ken Riley, NOAA-NMFS-HCD Ms. Jenny Owens, USACE-ECP SAW-2016-01676 SPECIAL CONDITIONS In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at hgp://www.fws.tiov/ne-es/mammaUmanatee y-uidelines.odf. 2. The applicant shall implement NMFS's Sea Turtle and Smalltooth Sawfish Construction Conditions in order to further reduce the risk by requiring all construction workers watch for sturgeon and sea turtles. Operation of any mechanical construction equipment will cease immediately if a protected species is seen within a 50-11 radius of the equipment. Activities will not resume until the protected species has departed the project area of its own volition. 3. In order to protect juvenile finfish resources and seasonal migrations of fish and protected species (i.e. sturgeon and sea turtles), no excavation or filling activities will be permitted between the dates of April 1 and November 15 of any year without the prior approval of the North Carolina Division of Coastal Management and the U.S. Army Corps of Engineers. 4. Best management practices identified as field marking the existing SAV population, wetland grasses, oyster reefs and shell bottom locations at low -tide shall be implemented in order to prevent construction and dredging equipment from negatively impacting those resources. Action ID Number: SAW-2016-01676 County: Carteret Permittee: Carteret County Board of Commissioners Attn: Mr. Tommy Burns and Mr. Rudi Rudolph Project Name: Wainwright Slough/Carteret County Date Verification Issued: February 22, 2017 Project Manager: Sarah Hair Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEER WILMINGTON DISTRICT Attn: Sarah Hair 69 Darlington Avenue Wilmington, North Carolina 28403 Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403-1343 http://www.saw.usace.army.mil/Missions/Re ug latoryPermitProrgram.aspx General Permit No. 198000291 Name of Permittee: General Public Effective Date: January 01, 2017 Expiration Date: December 31, 2021 DEPARTMENT OF THE ARMY GENERAL PERMIT A general permit to do work in or affecting navigable waters of the United States and waters of the United States, upon recommendation of the Chief of Engineers, pursuant to Section 10 of the Rivers and Harbors Act of March 3, 1899 (U.S.C. 403), and Section 404 of the Clean Water Act (33 U.S.C. 1344), is hereby issued by authority of the Secretary of the Army by District Engineer U.S. Army Engineer District, Wilmington Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403-1343 TO AUTHORIZE THOSE CONSTRUCTION ACTIVITIES IN THE 20 COASTAL COUNTIES RECEIVING PRIOR APPROVAL FROM THE STATE OF NORTH CAROLINA IN THE FORM OF A COASTAL AREA MANAGEMENT ACT (CAMA) PERMIT, AND/OR A STATE DREDGE AND FILL PERMIT, AND IF REQUIRED, A WATER QUALITY CERTIFICATION, THAT ARE OTHERWISE NOT ELIGIBLE FOR FEDERAL AUTHORIZATION IN THE FORM OF A NATIONWIDE PERMIT OR ANOTHER REGIONAL GENERAL PERMIT. Oueratine Procedures a. Applications for joint state and federal authorization under this programmatic general permit will be accepted through the North Carolina Division of Coastal Management (NCDCM). Receipt of a complete application by the NCDCM will initiate the State's field review that will include a site visit and preparation of a Field Investigation Report and a state Bio-Report. The NCDCM will forward a copy of the complete application, its Field Investigation Report and its Bio-Report, to the appropriate Corps of Engineers field office, thereby initiating federal review of the project. The Corps, upon receipt of an application, will immediately assign an action identification number, acknowledge receipt thereof, and examine the application to assure that it can be processed pursuant to this programmatic general permit. The applicant and the NCDCM will be furnished written notification of the Corps' determination. Notification to the applicant will include a brief description of the administrative process. b. For those proposals that may result in a discharge into waters of the United States, including wetlands, the North Carolina Division of Water Resources (NCDWR) and the applicant will be informed regarding the applicant's need to obtain a Water Quality Certification in accordance with section 401 of the Clean Water Act. c. If, at any time, the Corps determines that a proposed activity is eligible for authorization under another regional general permit (RGP) or a nationwide permit (NWP), this procedure may be terminated and the activity authorized pursuant to the terms and conditions of the appropriate RGP or NWP. d. The permit review process conducted by the NCDCM is a public process involving publication of public notices in local newspapers, public hearings, and various public appeal procedures. The Corps may issue a separate public notice for a specific proposal if it is deemed necessary for compliance with appropriate laws, regulation and guidance. e. This general permit does not, in any way, alter established procedures or responsibilities, as required by federal laws, memoranda of agreements (MOA's) or administrative regulations, with respect to the Corps' coordination with appropriate review agencies. The applicant will continue to have the opportunity to rebut any objections to a proposal. f. The Corps will provide copies of the application and plans, the NCDCM's Field Investigation Report, and the state Bio-Report, to the U.S. Fish and Wildlife Service (USFWS), the National Marine Fisheries Service (NMFS) the U.S. Environmental Protection Agency (EPA), and any other federal agency that the Corps determines to be a necessary review agency (collectively, the "Federal Agencies"). Receipt of this material will initiate the Federal Agencies' review. The Federal Agencies will be allowed sufficient time, normally thirty (30) days, to provide the Corps with their comments and recommendations, including any proposed permit special conditions and recommendations of denial. The Corps may grant extensions of time for Federal Agency review if justified by unusual circumstances. If an extension is granted that would substantially delay an NCDCM decision, the application may be removed from this general permit process. g. The Corps will receive and review all Federal Agency comments as well as any applicant rebuttal. Provided all Federal Agencies and the Corps are in agreement, the Corps will prepare a coordinated federal position incorporating all Federal Agency comments, including proposed permit special conditions and any recommendations for denial. The Corps will typically furnish this coordinated federal position to the NCDCM within 45 days of its receipt of the complete application, and copies of the Field Investigation Report and Bio-Report. h. If the Corps does not concur with a Federal Agency's comments or recommendations, the Corps will contact the Federal Agency and advise it of the Corps' position. Attempts to resolve the issue may include initiating the referral procedures outlined by current memoranda of agreement (MOA's) between the Department of the Army and the agency. No coordinated federal position will be furnished to the NCDCM until and unless the Corps receives written agreement from the Federal Agency that all issues have been resolved to the satisfaction of that agency. i. If any of the recommendations and/or conditions included in the coordinated federal position are unacceptable to the NCDCM, the NCDCM will contact the Corps within ten (10) days of receipt of the coordinated federal position and attempt to resolve the conflict. If resolution of the conflict involves changes to the conditions or recommendations provided by the Federal Agencies, the provisions of paragraphs g. and h. (above) will apply. If the conflict is resolved to the satisfaction of the Corps and any affected Federal Agency, the NCDCM permit will be issued and the authority of this general permit will apply. j. If a Federal Agency conflict is not resolved within the time necessary for a decision by the NCDCM, the NCDCM may proceed, independently, to conclude the state action without inclusion of the federal position. In such case, the applicant and the NCDCM will be notified immediately, in writing, that the state permit does not satisfy the federal permit requirements and that the proposal in question may not proceed without federal authorization. k. If the coordinated federal position is not in conflict with state agencies' positions, law, regulation, or policy, and is acceptable to the NCDCM, a state permit will be developed by the NCDCM fully incorporating the state and federal positions. The NCDCM will furnish copies of the final permit to the applicant and the Corps. The NCDWR will furnish a copy of the Section 401 Water Quality Certification, if required, to the applicant and the Corps. The Corps will not confirm the authorization of a proposed project under this General Permit until the issuance of the NCDCM permit and, if required, the Section 401 Water Quality Certification. 1. If the NCDCM permit or Section 401 Water Quality Certification is denied, the applicant will be informed that federal authorization is denied without prejudice. in. No work may proceed under this general permit until the Wilmington District Engineer or his representative provides written verification that the procedures and conditions of the general permit have been satisfied. n. The NCDCM and the Corps will monitor all permitted work and periodically inspect projects for compliance with permit conditions and applicable state and federal regulations. If any violation of the NCDCM permit is discovered which would also constitute a violation of the federal position, both the NCDCM and the Corps, in accordance with their respective regulations and policies, may take enforcement action. o. This general permit will not be used to authorize an activity when the Wilmington District Engineer determines that the proposed activity would significantly affect the quality of the human environment and therefore require preparation of an Environmental Impact Statement (EIS). General Conditions a. Authorized structures located on or adjacent to Federally authorized waterways will be constructed in accordance with the latest setback criteria established by the Wilmington District Engineer. You may review the setback policy at htto://www.saw.usace.armv.mil/Missions/Navigation/Setbacks.aspx. This general permit does not authorize the construction of hardened or permanently fixed structures within the Federally Authorized Channel Setback, unless the activity is approved by the Corps. The permittee must obtain approval from the Corps prior to the construction of any structures within the Federally Authorized Channel Setback. b. Except as authorized by this general permit or any Corps approved modification to this general 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. c. Authorization under this general permit does not obviate the need to obtain other federal, state, or local authorizations. d. All work authorized by this general permit must comply with the terms and conditions of the applicable Clean Water Act Section 401 Water Quality Certification for this general permit issued by the North Carolina Division of Water Resources. e. 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). f. The activities authorized by this general permit 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 4 the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for a reason other than safety. g. 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/her 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 Corps, 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 or alteration. h. The permittee, upon receipt of a notice of revocation of the permit for the verified individual activity, may apply for an individual permit, or will, without expense to the United States and in such time and manner as the Secretary of the Army or his/her authorized representative may direct, restore the affected water of the United States to its former conditions. i. This General Permit does not authorize any activity that would conflict with a federal project's congressionally authorized purposes, established limitations or restrictions, or limit an agency's ability to conduct necessary operation and maintenance functions. Per Section 14 of the Rivers and Harbors Act of 1899, as amended (33 U.S.C. 408), no project that has the potential to take possession of or make use of for any purpose, or build upon, alter, deface, destroy, move, injure, or obstruct a federally constructed work or project, including, but not limited to, levees, dams, jettys, navigation channels, borrow areas, dredged material disposal sites, flood control projects, etc., shall be permitted unless the project has been reviewed and approved by the appropriate Corps approval authority. j. The permittee shall obtain a Consent to Cross Government Easement from the Wilmington District's Land Use Coordinator prior to any crossing of the Corps easement and/or prior to commencing construction of any structures, authorized dredging or other work within the right-of-way of, or in proximity to, a federally designated disposal area. The Land Use Coordinator may be contacted at: CESAW-OP-N, 69 Darlington Avenue, Wilmington, North Carolina 28403-1343, email: SAWWeb-NAV@usace.army.mil. k. The permittee will allow the Wilmington District Engineer or his/her representative to inspect the authorized activity at any time deemed necessary to assure that the activity is being performed or maintained in strict accordance with the Special and General Conditions of this permit. I. This general permit does not grant any property rights or exclusive privileges. in. This general permit does not authorize any injury to the property or rights of others. n. This general permit does not authorize the interference with any existing or proposed federal project. o. In issuing this general permit, the Federal Government does not assume any liability for the following: (1) Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. (2) Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. (3) Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this general permit. (4) Design or construction deficiencies associated with the permitted work. (5) Damage claims associated with any future modification, suspension, or revocation of this general permit. p. Authorization provided by this general permit may be modified, suspended or revoked in whole or in part if the Wilmington District Engineer, acting for the Secretary of the Army, determines that such action would be in the best public interest. The term of this general permit shall be five (5) years unless subject to modification, suspension or revocation. Any modification, suspension or revocation of this authorization will not be the basis for any claim for damages against the United States Government. q. No activity may occur in a component of the National Wild and Scenic Rivers System, or in a river officially designated by Congress as a "study river" for possible inclusion in the system while the river is in an official study status, unless the appropriate Federal agency with direct management responsibility for such river, has determined in writing that the proposed activity will not adversely affect the Wild and Scenic designation or study status. Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency responsible for the designated Wild and Scenic River or "study river" (e.g., National Park Service, U.S. Forest Service, etc.) r. This general permit does not authorize any activity within, or directly affecting, a marine sanctuary established by the Secretary of Commerce under authority of Section 302 of the Marine Protection, Research and Sanctuaries Act of 1972, unless the applicant provides the Corps with a certification from the Secretary of Commerce that the proposed activity is consistent with the purposes of Title III of the Marine Protection, Research and Sanctuaries Act. Information on marine sanctuaries may be obtained at http://sanctuaries.noaa.gov/#MN. Permittees may not begin work until they provide the Corps with a written certification from the Department of Commerce. s. In cases where the Wilmington District Engineer determines that the activity may affect properties listed, or eligible for listing, in the National Register of Historic Places and its codified regulations, the National Historic Preservation Amendment Acts of 1980 and 1992, the Abandoned Shipwreck Act of 1987 and the Native American Graves Protection and Repatriation Act, the activity is not authorized, until the requirements of Section 106 of the National Historic Preservation Act (NHPA) have been satisfied. Permittees may not begin work until notified by the Corps that the requirements of the NHPA have been satisfied and that the activity is authorized. t. If you discover any previously unknown historic, cultural or archeological remains and artifacts while accomplishing the activity authorized by this general permit, you must immediately notify the Wilmington District Engineer of what you have found, and to the maximum extent practicable, avoid construction activities that may affect the remains and artifacts until the required coordination has been completed. The Wilmington District Engineer will initiate the Federal, tribal and state coordination required to determine if the items or remains wan -ant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. u. No activity is authorized under this general permit which is likely to directly or indirectly jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or which will directly or indirectly destroy or adversely modify the critical habitat of such species. No activity is authorized under any NWP which "may affect' a listed species or critical habitat, unless Section 7 consultation addressing the effects of the proposed activity has been completed. Information on threatened and endangered species and their critical habitat can be obtained directly from the Corps field offices, the USFWS field offices or at the following web addresses: http://www.fws.gov/ or httn://www.fws.goy/ip cc/ or hnp://www.noaa.ggv/fisheries.html . Permittees may not begin work until notified by the Corps that the requirements of the Endangered Species Act have been satisfied and that the activity is authorized. v. If the permittee discovers or observes any live, damaged, injured or dead individual of an endangered or threatened species during construction, the permittee shall immediately notify the Wilmington District Engineer so that required coordination can be initiated with the U.S. Fish and Wildlife Service and/or National Marine Fisheries Service. w. Permittees are advised that development activities in or near a floodway may be subject to the National Flood Insurance Program that prohibits any development, including fill, within a floodway that results in any increase in base flood elevations. This general permit does not authorize any activity prohibited by the National Flood Insurance Program. x. The permittee must install and maintain, at his/her expense, any signal lights and ' signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact Coast Guard Sector North Carolina at (910) 772-2191 or email Coast Guard Fifth District at cgd5waterways(@,uscp-.mil. y. If the display of lights and signals on the authorized structure is not otherwise provided for by law, such lights and signals as may be prescribed by the U.S. Coast Guard will be installed and maintained by and at the expense of the permittee. z. It is possible that an authorized structure may be damaged by wavewash from passing vessels. The issuance of this general permit does not relieve the permittee from taking all proper steps to ensure the integrity of the permitted structure and the safety of moored boats. The permittee will not hold the United States liable for any such damage. aa. Structures and their attendant utilities, authorized by this general permit, located on lands subject to an easement in favor of the United States for the operation, maintenance, improvement, and enlargement of the Atlantic Intracoastal Waterway (AIW W), will be removed at the expense of the permittee, in the event that, in the judgment of the Corps acting on behalf of the United States, the lands are needed at any time for any purpose within the scope of the easement. Permanent buildings will not be constructed within the easement. bb. The permittee must maintain any structure or work authorized by this general permit in good condition and in conformance with the terms and conditions of this general permit. The Permittee is not relieved of this requirement if the Permittee abandons the structure or work. Transfer in fee simple of the work authorized by this general permit will automatically transfer this general permit to the property's new owner, with all of the rights and responsibilities enumerated herein. The permittee must inform any subsequent owner of all activities undertaken under the authority of this general permit and provide the subsequent owner with a copy of the terms and conditions of this general permit. cc. At his/her sole discretion, any time during the processing cycle, the Wilmington District Engineer may determine that this general permit will not be applicable to a specific proposal. In such case, the procedures for processing an individual permit in accordance with 33 CFR 325 will be available. dd. Except as authorized by this general permit or any Corps approved modification to this general 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. ee. Except as authorized by this general permit or any Corps approved modification to this general permit, all excavated material will be disposed of in approved upland disposal areas. ff. Activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon this general permit will remain authorized provided the activity is completed within twelve months of the date of the general permit's expiration, modification, or revocation. Activities completed under the authorization of this general permit that were in effect at the time the activity was completed continue to be authorized by the general permit BY AUTHORITY OF THE SECRETARY OF THE ARMY: FOR THE COMMANDER: Scott McLendon Chief, Regulatory Division Wilmington District 0 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 89 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 February 15, 2017 Executive Office Carteret County Attention: Mr. Tommy Burns 302 Courthouse Square Beaufort, North Carolina 28516 Dear Mr. Burns: The U.S. Army Corps of Engineers (USACE), Wilmington District, has performed an evaluation of your request to allow maintenance dredging of the Wainwright Slough federal navigation project in Carteret County, North Carolina. The 40,000 cubic yards of dredged material will be placed in the area of Wainwright Island. Pursuant to Section 107 of the Rivers and Harbors Act of 1960, this evaluation was performed in accordance with Engineer Circular (EC) 1165-2-216. Based on this evaluation, the Wilmington District grants the request for maintenance dredging for the following reasons: (1) the proposed action will not be injurious to the public interest, and (2) the proposed action will not impair the usefulness of the federal project. As the requestor, you are solely responsible for any remedial action needed to correct any deficiency in the design or construction of the requested alteration. For any questions regarding this evaluation, please contact Ms. Jenny Owens, Wilmington District Section 408 Coordinator, at (910) 251-4757or at Jennifer.l.owens@usace.army.mil. Sincerely, Kevin P. L ers Sr. Colonel, U.S. Army District Commander TOP �ftam s/ UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration NATIONAL MARINE FISHERIES SERVICE Southeast Regional Office 263 13th Avenue South St. Petersburg, FL 33701 SEA TURTLE AND SMALLTOOTH SAWFISH CONSTRUCTION CONDITIONS The permittee shall comply with the following protected species construction conditions: a. The permittee shall instruct all personnel associated with the project of the potential presence of these species and the need to avoid collisions with sea turtles and smalltooth sawfish. All construction personnel are responsible for observing water -related activities for the presence of these species. b. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing sea turtles or smalltooth sawfish, which are protected under the Endangered Species Act of 1973. c. Siltation barriers shall be made of material in which a sea turtle or smalltooth sawfish cannot become entangled, be properly secured, and be regularly monitored to avoid protected species entrapment. Barriers may not block sea turtle or smalltooth sawfish entry to or exit from designated critical habitat without prior agreement from the National Marine Fisheries Service's Protected Resources Division, St. Petersburg, Florida. d. All vessels associated with the construction project shall operate at "no wake/idle" speeds at all times while in the construction area and while in water depths where the draft of the vessel provides less than a four -foot clearance from the bottom. All vessels will preferentially follow deep -water routes (e.g., marked channels) whenever possible. e. If a sea turtle or smalltooth sawfish is seen within 100 yards of the active daily construction/dredging operation or vessel movement, all appropriate precautions shall be implemented to ensure its protection. These precautions shall include cessation of operation of any moving equipment closer than 50 feet of a sea turtle or smalltooth sawfish. Operation of any mechanical construction equipment shall cease immediately if a sea turtle or smalltooth sawfish is seen within a 50-11 radius of the equipment. Activities may not resume until the protected species has departed the project area of its own volition. f. Any collision with and/or injury to a sea turtle or smalltooth sawfish shall be reported immediately to the National Marine Fisheries Service's Protected Resources Division (727-824- 5312) and the local authorized sea turtle strandingtrescue organization. g. Any special construction conditions, required of your specific project, outside these general conditions, if applicable, will be addressed in the primary consultation. Revised: March 23, 2006 O:\forms\Sea Turtle and Smalltooth Sawfish Construction Conditions.doc e*`�E;;,�; 'tiF, United States Department of the Interior g FISH AND WILDLIFE SERVICE Raleigh Field Office a Post Office Box 33726 �4RCH 3 `6� Raleigh, North Carolina 27636-3726 GUIDELINES FOR AVOIDING IMPACTS TO THE WEST INDIAN MANATEE Precautionary Measures for Construction Activities in North Carolina Waters The West Indian manatee (Trichechus manatus), also known as the Florida manatee, is a Federally -listed endangered aquatic mammal protected under the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.) and the Marine Mammal Protection Act of 1972, as amended (16 U.S.0 1461 et seq.). The manatee is also listed as endangered under the North Carolina Endangered Species Act of 1987 (Article 25 of Chapter 113 of the General Statutes). The U.S. Fish and Wildlife Service (Service) is the lead Federal agency responsible for the protection and recovery of the West Indian manatee under the provisions of the Endangered Species Act. Adult manatees average 10 feet long and weigh about 2,200 pounds, although some individuals have been recorded at lengths greater than 13 feet and weighing as much as 3,500 pounds. Manatees are commonly found in fresh, brackish, or marine water habitats, including shallow coastal bays, lagoons, estuaries, and inland rivers of varying salinity extremes. Manatees spend much of their time underwater or partly submerged, making them difficult to detect even in shallow water. While the manatee's principal stronghold in the United States is Florida, the species is considered a seasonal inhabitant of North Carolina with most occurrences reported from June through October. To protect manatees in North Carolina, the Service's Raleigh Field Office has prepared precautionary measures for general construction activities in waters used by the species. Implementation of these measure will allow in -water projects which do not require blasting to proceed without adverse impacts to manatees. In addition, inclusion of these guidelines as conservation measures in a Biological Assessment or Biological Evaluation, or as part of the determination of impacts on the manatee in an environmental document prepared pursuant to the National Environmental Policy Act, will expedite the Service's review of the document for the fulfillment of requirements under Section 7 of the Endangered Species Act. These measures include: 1. The project manager and/or contractor will inform all personnel associated with the project that manatees may be present in the project area, and the need to avoid any harm to these endangered mammals. The project manager will ensure that all construction personnel know the general appearance of the species and their habit of moving about completely or partially submerged in shallow water. All construction personnel will be informed that they are responsible for observing water -related activities for the presence of manatees. 2. The project manager and/or the contractor will advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act and the Endangered Species Act. 3. If a manatee is seen within 100 yards of the active construction and/or dredging operation or vessel movement, all appropriate precautions will be implemented to ensure protection of the manatee. These precautions will include the immediate shutdown of moving equipment if a manatee comes within 50 feet of the operational area of the equipment. Activities will not resume until the manatee has departed the project area on its own volition (i.e., it may not be herded or harassed from the area). 4. Any collision with and/or injury to a manatee will be reported immediately. The report must be made to the U.S. Fish and Wildlife Service (ph. 919.856.4520 ext. 16), the National Marine Fisheries Service (ph. 252.728.8762), and the North Carolina Wildlife Resources Commission (ph. 252.448.1546). 5. A sign will be posted in all vessels associated with the project where it is clearly visible to the vessel operator. The sign should state: CAUTION: The endangered manatee may occur in these waters during the warmer months, primarily from June through October. Idle speed is required if operating this vessel in shallow water during these months. All equipment must be shutdown if a manatee comes within 50 feet of the vessel or operating equipment. A collision with and/or injury to the manatee must be reported immediatelyto the U.S. Fish and Wildlife Service (919-856-4520 ext. 16), the National Marine Fisheries Service (252.728.8762), and the North Carolina Wildlife Resources Commission (252.448.1546). 6. The contractor will maintain a log detailing sightings, collisions, and/or injuries to manatees during project activities. Upon completion of the action, the project manager will prepare a report which summarizes all information on manatees encountered and submit the report to the Service's. Raleigh Field Office. 7. All vessels associated with the construction project will operate at "no wake/idle" speeds at all times while in water where the draft of the vessel provides less than a four foot clearance from the bottom. All vessels will follow routes of deep water whenever possible. 8. If siltation barriers must be placed in shallow water, these barriers will be: (a) made of material in which manatees cannot become entangled; (b) secured in a manner that they cannot break free and entangle manatees; and, (c) regularly monitored to ensure that manatees have not become entangled. Barriers will be placed in a manner to allow manatees entry to or exit from essential habitat. Prepared by (rev. 06/2003): U.S. Fish and Wildlife Service Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 919/8564520 Figure 1. The whole body of the West Indian manatee may be visible in clear water; but in the dark and muddy waters of coastal North Carolina, one normally sees only a small part of the head when the manatee raises its nose to breathe. flra Illustration used with the permission of the North Carolina State Museum of Natural Sciences. Source: Clark, M. K. 1987. Endangered, Threatened, and Rare Fauna of North Carolina: Part I. A re-evaluation of the mammals. Occasional Papers of the North Carolina Biological Survey 1987- 3. North Carolina State Museum of Natural Sciences. Raleigh, NC. pp. 52. 06 04r#�97 DONALD R. VAN DER VAART ERAXTON DAVIS Coosta[Managemor nmawr ENVIRONMENTAL QUALITY NECEIVED/NCDENR/DWR December 12, 2016 i MEMORANDUM: TO: FROM: SUBJECT: Applicant: . DEC 19'2016 waterQuality Regional wily 01Aerations Section g[9n Regional Oiflce Robb Mairs Division of Water Resources Doug Huggett Major Perinits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Carteret County (Wainwright Slough) Project Location: Carteret County, Conflux of Pamlico and Core Sound adjacent to Wainwright Island.. Proposed Project: Proposes to- maintenance excavate Wainwright Slough and place spoils in . Wainwright area. Wainwright Slough is a federal channel. Approximately 40,000 CY would be excavated. Please indicate below your agency's position or viewpoint on the proposed project and return this form by January 1, 2017. If you have any questions regarding the proposedproject, please contact Ryan Davenport, Permit officer at (252) 808-2808. When appropriate, in-depth comments with supporting data is requested REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. a y objects to the project for reasons described in the attached comments. SIGNED t DATE SOdmmYNMIhCMQ1iMlBm*=m WQuftl Cm WM&aS=wt 4M CommmmeAw I Mmbnd Chy.No=51 25M W2BOB 12S2 247.3330 (fi4 i t' Water Resources Environmental Quality February 20, 2017 ROY COOPER Governor NUCHAEL S. REGAN Secretary S. JAY 23NIMERMAN Director DWR Project# 20061064v2 Carteret County Carteret County Board of County Commissioners Attn: Tommy Bums and Rudi Rudolph a 302 Courthouse Square Beaufort, NC 28516 Subject Property: Wainwright Slough Navigation , AUNT Approval of 401 Water Quality Certification with Additional Conditions Dear Messrs. Bums and Rudolph: You have our approval, in accordance with the attached conditions and those listed below to perform maintenance excavation and the placement of the excavated material onto Wainwright Island for shorebird habitat, as described in your CAMA application dated December 7, 2016, and received by the Division of Water Resources (Division) on December 19, 2016. Subsequent Intormallon was received by the Division on February 20, 2017. After reviewing your application, we have decided that the impacts are covered by General Water Quality Cer ification Number 3900 (GC 3900). This Certificationallows you to use the General Permit No.198000291 when issued by the US Army Corps of Engineers and the CAMA M*r Permit when issued by the Division of Coastal Management In addition, you should obtain or otherwise comply with any other required federal, state or local permits befareyou go ahead with your project including (but not limited to) Erosion and Sediment Control, Non -discharge, Water Supply Watershed, and stormwater regulations. Also, this approval to proceed with your proposed impacts or to conduct Impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed on the following pages. The Additional Conditions of the Certification are: Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental im acts: Amount Approved Units Plan Location or Reference Open Waters Approximately 7.0 acres Sheets 1 through 10, and project (Dredged) narrative and environmental Approximately.10 acres summary Filled Coastal wetlands N/A 04/401 wetlands N/A �.> Nothing Compares--'--'.. Stow ofNonh Carolina I Envhonmenml Quality 127 Cardinal Drive axtereim Wdmmgton, North Car 1=28405 910-796-7215 Wainwilght Slough Navigation Maintenance- Caderel County DWR Permlt ti 200610602 February 20, 2017 Page 2 of 3 This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. 3. The applicant shall require his contractors (and/or agents) to comply with all of the terms of this Certification, and shall provide each of its contractors (andlor agents) a copy of this Certification. 4. This General Certification shall expire on the same day as the expiration date of the corresponding General Permit. The conditions in effect on the date of issuance of the Certification for a specific project shall remain in affect for the life of the project, regardless of the expiration of this Certification. 5. The appficantlpemidee and their authorized agents shall conduct. all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with 303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal law. If the Division determines that such standards or laws are not being met, including failure to sustain a designated or achieved use, or that State or Federal law is being violated, or that further conditions are necessary to assure compliance, than the Division may reevaluate and modify this General Water Quality Certification. 6. All mechanized equipment operated near or in surface waters will be regularly inspected and maintained to prevent contamination of waters from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permitee/contractor shall immediately contact the Division of Water Resources, between the hours of.8 am to 5 pm at the Wilmington Regional Office at 910.796.7215 and after hours and on weekends call (800) 858-0368. Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. 7. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules,.and any subsequent modifications, the applicant and/or authorized agent is required to return the enclosed certificate of completion form to the NCDENR DWR,401 and Buffers Unit North Carolina Division of Water Resources,1617 Mail Service Center, Raleigh, NC, 27699 within ten days of project completion (the certification of completion is also available at hga:l/portal ncdenr.om/web/wo/swD/ws/401/certsandoermitslapply/forms). Violations of any condition herein set forth may result In revocation of this Certification and may result In criminal andlor civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certificafion shall expire upon expiration of the 404 or CAMA Permit. This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office. of Administrative Hearings (hereby known as OAH). A petition form may be obtained .from the OAH at htio:/Auww.ncoah.coml or by calling the OAH Clerk's Office at (919) 431-3000 forrinformation. 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 8:00 am and 5:00 pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH firing fee is received by the OAH within five (5) business days follow wing the faxed transmission. Walnwdght Slough Navlgatlon Maintenance- Carteret County DWR Permit# 20051064v2 February 20, 2017 Page 3 of 3 Mailing address for the OAH: If sending via US Postal Service: lfsending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DEQ: Sam M. Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699=1601 This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions, please telephone Robb Mails in the DWR Wilmington Regional Office at 910.796.7215 or Jim Ghegeon, egional Supervisor WaterQual egionalOperations Section Wilmington Regional Office . Division of Water Resources, NCDEQ Enclosures: GC 3900 Liz Hair- USACE Wilmington Regulatory Field Office -Electronic Copy DWR 401 & Buffer Permitting Branch file-LF Doug Huggett- DCM Morehead City -Electronic Copy WiRO Water Quality Certification No. 3900 CAMA PERMIT CERTIFICATION Water Quality Certification Number 3900.1s issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the. United States and subject to the North Carolina Division of Water Quality; (DWO) Regulations in 16ANCAC 02H..0500 and 15A NCAC 02B .0200 for the discharge of fill material to waters and wetland areas as described in General Permits 198000291,198000048,198700056,197800080,197860125,and 1.98200277,Nationwide Permits 3, 12, 1.3, 14, 18, 27, 29, 33, 35, 39, and 43, and for the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 02B .0200. The State of North Carolina certifies that the specified category of activity will not violate applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217 if conducted in accordance with the conditions hereinafter set forth. Ac*ltlee meeting any ons (1) of the following thresholds or circumstances require Wrftfen approval for a,401 Water Quality Certification from the Division of Water Quality (the "Div)aion"): a) Activities authorized by CAMA majorpermlts, except: I. Boat Ramps and associated access (Le. roads and parking lots) that Involve the excavation or filling of less than 500 square feettotal ofwetland and open water area, with the exception: that.tha excavation or filling of coastal wetlands may not exceed 100squara:feet; Ii. Shoreline protection measures that tie Into existing. bulkheads, land or.other shoreline protection: measures or do notextend waterward of the normal high water _...._ .. _..... ...--line.ornormalwaterlevel- more than.10fast .orovided-that_the.actiuitv.will.not, involve the: excavatiork or filling of arty SAV or significant shellfish resources as Identified. by the Division of Marine fisheries and Impacts less than 500 square feet. i total of wetland; with the exoap6orr that the excavation or filling of coastal wetlands may not. exceed 100 squarefsst; Ill. Piers and docks designed to accommodate up to but not exceeding.10 vessels i (except where prohibited. In ORW Waters as defined in 16A NCAC 02B.0226(7 48)) and where the water depth is equal to orgrepter than two feet of water at.normal low water level or normal water level (whichever isapplicable); Iv. Maintenance dredging of less than 0.6 acres.of open water -or non -vegetated wetlands, provided that the applicant can provide documentation showing the ! histoftcdimensions of the dredged channel, and. no Submerged Aquatic Vegetation or shellfish beds are excavated or filled; v. Projects, that Involve only shading of waters or wetlands; vi. LIM[ty lines, except wastewater lines and potable water discharge lines which are subject to an NPDES Permit, as long as wetland or water impacts are temporary; vii. Upland developmant-which involves no more than 1110 of an acre of excavation or filling ofnon-coastal wetlands, with the exception than no more than 2,000'square feetolthe non -coastal excavation or:filling maytake place within a Coastal Shoreline Ana:of. Environmental Concern (AEC), For the purposes of ails area calculation, the excavation or filling Impacts of the entire projact:must be considered, which may include boat rampsi bulkheads or other shoreline Water Quality Certification No. 3900 Water Quality Certification No. 3900 stabilization measures. The applicant must comply with all applicable coastal stormwater rules; viii. Single family home construction that results in fill of 404 wetlands as long as written concurrence is not required from DWQ for the applicable Corps of Engineers Nationwide Permit; or b) Any stream relocation; or c) Any impact associated with a Notice of Violation or an enforcement action for violation(s) of DWQ Wetland Rules (15A NCAC 02H .0500),.Isolated Wetland Rules (15A NCAC 02H .1300), DWQ Surface Water or Wetland Standards, or Riparian Buffer Rules (15A NCAC 02B .0200); or d) Any Impacts to streams and/or buffers in the Neuse or. Tar-Pamlioo River Basins (or any other basin or watershed with Riparian Area Protection Rules (Buffer Rules] in effect at the time of application) unless the activities are listed as "EXEMPT from these rules or a Buffer Authorization Certificate is issued through N.C. Division of Coastal Management (DCM) delegation for "ALLOWABLE° activities. In accordance with North Carolina General Statute 143-215.31)(e), written approval for a 401 Water Quality General Certification must include the appropriate fee. If a project also requires a CAMA Permit, then one payment to both agencies shall be submitted and will be the higher of the two fees. Activities Included In this General Certification that do not meet one of the thresholds listed above do not require written approval from the Division as long as they comply with the Conditions of Certification listed below. Activities authorized by Coastal Area i Management Act (CAMA) General Penults do not require Writtenapproval from the Division as long as they comply with the Conditions of Certification listed below. If any of these Conditions cannot be met, then written approval from the Division is required. Conditions of Certification: 1, No Impacts Beyond those Authorized in the Written Approval or Beyond the Threshold of Use of this Certification No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas tieyond t}ie fdotpYTrif of Erie iinp�tits depioted ih the Pre-Construcgon Noti cation;'fts ""' ' authorized in the wrten approval from the Division or beyond the thresholds established for use of this Certification Without written authorization, including incidental Impacts. All construction activities, including the design, Installation,, operation, and maintenance of sediment and erosion control Best Management Practices shall be performed so that no violations of state Water qualitystandards, statutes, or rules occur. Approved plans and specifications for this project are Incorporated by reference and are enforceable parts of this permit 2. Standard Erosion and Sediment Control Practices. Erosion and sediment control practices must be to full compliance with all specifications governing the proper design, Installation and operation and maintenance of such Best. Management Practices and if applicable, comply with the.specific conditions and requirements of the NPDES Construction Stormwater Permit issued to the site: a) Design, Installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor -owned or leased borrow pits associated with the project. Water Quality Certification No. 3900 2 Water Quality Certification No. 3900 b) For borrow pit sites, the erosion and sediment control measures must be designed, Installed, operated, and maintained in accordance with the most recent version of the - North Carolina Surface Mining Manuel c) Reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. d) Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. e) If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS-I, WS-If, High Quality (HQW), or Outstanding Resource (ORW) waters, then the sedimentation and erosion control designs must comply with the requirements set forth In 15A NCAC 04B .0124, Design Standards in Sensitive Watersheds. 3. No Sediment and Erosion Control Measures in Wetlands or Waters Sediment and erosion control measures shall not be placed in wetlands or waters. Exceptions to this condition require application submittal to and written approval by the Division. If placement of sediment and erasion control devices in wetlands and waters is unavoidable, then design and placement of temporary erosion control measures shall not be conducted In a manner that may result in dis-equilibrium of wetlands, stream beds, or banks, adjacentto or upstream and downstream of the above structures. All sediment and erosion control devices shall be removed and the natural grade restored within two (2)'months of the date that the Division of Land Resources (DLR) or locally delegated program has released the specific area within the project. 4. ConsWction Stormwater Permit NCG0100o0 An NPDES Construction Stormwater Permit Is required fpr construction projects that disturb one (1) or more acres of land. This Permit allows stormwater to be discharged during land disturbing construction activities as stipulated in the conditions of the permit If your project _js �ovt tad. by this,perfnit fur( compliehce,with permit conditions including the erosion & sedimentation control plan, Inspections and maintenance, self -monitoring, record keeping and reporting requirements is required. A copy of the general permit (NCG010000), Inspection log sheets, and other information may be found at htto.Noortal ncdenr org wnb/we/ws/sulnpdesswktab w . The North Carolina Department of Transportation (NCDOT) shall be required to be in full compliance with the conditions related to construction activitieswithin the most recent version of theirindividual NPDES (NCS000250) stormwater permit 5. Construction Moratoriums and Coordination If activities must occur during periods of high biological activity (i.e. sea turtle nesting, fish spawning, or bird nesting), then biological monitoring may be required at the request of other state or federal agencies and coordinated with these activities. All moratoriums on construction activities established by the NC Wildlife Resources Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries (DMF), or National Marine Fisheries Service (NMFS) to lessen impacts on trout, anedromous fish, larval/post-larval fishes and crustaceans, or.other aquatic species of concern shall be implemented. Exceptions to this condition require written approval by the resource agency responsible for the given moratorium. Water Quality Certification No. 3900 Water Quality Certification No. 3900 Work within the twenty-five (25) designated trout counties or identified state or federal endangered or threatened species habitat shall be coordinated with the appropriate WRC, USFWS, NMFS, and/or DMF personnel. 6. Dredging shall not cause Shellfish Closures The effluent water from the dredge spoil should not be released into open shellfish waters. Shellfish Sanitation and the Division of Water Quality must be notified If this is to occur. 7. Work in the Dry All work in or adjacent to stream waters shall be conducted so that the flowing stream does not come in contact with the disturbed area. Approved beat management practices from the most current version of the NC Sediment and Erosion Control. Manual, or the NC DOT Construction and Maintenance Activities Manual, such as sandbags, took berms, cofferdams, and other diversion structures shall be used to minimize excavation In flowing water. Exceptions to this condition require application submittal to and written approval by the Division. 6. Riparian Area Protection (Buffer) Rules Activities located in the protected riparian areas (whether jurisdictional wetlands or not), within the Neuse, Tar -Pamlico, or Catawba River Basins or In the Randleman, Jordan, or Goose Creek Watersheds (or any other basin or watershed with buffer rules) shall be limited to "uses" identified within and constructed in accordancs with 15A NCAC 02B .0233, .0259, .0243, .0250, .0267 and .0605, and shall be located, designed, constructed, and maintained to have minimal disturbance to protect water quality to the maximum extent practicable _. through the use of best management practices. All buffer rule requirements, including diffuse flow requirements, must be met 9. If concrete Is used during the construction, then all necessary measures shall be taken to prevent direct contact between uncured or curing concrete and waters of the state. Water that Inadvertently contacts uncured concrete shall not be discharged to waters of the state due to the potent al for elevated pH and possible aquatic lifel fish kills. 10.. Compensatory Mitigation In accordance with 16A NCAC 02H .0506 (h), compensatory mitigation may be required for losses of equal to or greater than 150 linear feet of streams (intermittent and perennial) and/or equal to. or greater than one (1) acre of wetlands. For linear public transportation projects, Impacts equal to *or exceeding 150 linear feet per stream shall require mitigation. Buffer mitigation may be required for any project with Buffer Rules In effect at the time of application for activities classified as "Allowable with Mitigation" or "Prohibited" within the Table of Uses. A determination of buffer, wetland, and stream mitigation requirements shall be made for any General Water Quality Certification for this. Nationwide and/or Regional General Permit. Design and monitoring protocols shall follow the US Army Corps of Engineers Wilmington District Stream MlNgation Guidelines (April 2003) or Its subsequent updates. Compensatory mitigation plans shall be submitted to the Division for written approval as required in those protocols. The mitigation plan must be implemented and/or constructed before any impacts occur on.site. Aitematively, the Division Will accept payment into an In -lieu fee program or a I mitigation bank. In these cases, proof of payment shall be provided to the Division before any Impacts occur on site. Water Quality Certification No. 3900 4 Water Quality Certification No. 3900 11. Placement of Culverts and Other Structures In Waters and Wetlands Culverts required for this project shall be designed and installed in such a manner that the original stream profiles are not altered and allow for aquatic life movement during low flows. Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal profile) must be maintained above and below locations of each culvert Placement of culverts and other structures in waters and streams must be below the elevation of the streambed by one foot for all culverts with a. diameter greater than 48 Inches, and 20 percent of the culvert diameter for oulverts having a diameter less than or equal to 48 inches, to allow low flow passage of water and aquatic fife. When topographic constraints indicate culvert slopes of greater than 5%, culvert burial is not required, provided that all alternative options for flattening the slope have been investigated and aquatic life movement/ connectivity has been provided when possible (rock ladders, crossvanes, etc). Notification to the Division Including supporting documentation to -include a location map of the culvert, culvert profile drawings, and slope calculations shall be provided to the Division 80 days prior to the installation of the culvert When bedrock is present in culvert locations, culvert burial is not required provided that there is sufficient documentation of the presence of bedrock. Notification to the Division including supporting documentation such as, but not limited to,:a location map of the culvert, geotechnical reports, photographs, etc shall.be provided to the Division a minimum of 80 days prior to the installation of the culvert. If bedrock is discovered during construction, then the Division shall be notified by phone or.ennaif within 24 hours of discovery. If other site -specific topographic constraints preclude the ability to bury the culverts a"s described above and/or it can be demonstrated that burying the culvert would result In destabilization of the channel, then exceptions to this condition require application submittal to, and written approval by, the Division of Water Quality, regardless of the total impacts to streams or wetlands from the project Installation of culverts in wetlands must (insure continuity of water movement and be designed to adequately accommodate high water or flood conditions. Additionally, when roadways, CBUBEWaya, or other-filfptojects are coiistrL'ctetl across FEN AA691griated floodways or wetlands, openings such.as culverts or bridges must be provided to maintain the natural hydrology of the system as. well as prevent constriction of the fieodway that may result in destabilization of streams or wetlands. The establishment of native, woody vegetation and other soft stream bank stabilization techniques must be used where practicable Instead of dprep or other bank hardening methods. 12. All temporary fill and culverts shall be removed and the Impacted area returned to natural conditions within 60 days of the determination that the temporary impact is no longer necessary. The Impacted areas shall be restored to original grade, including each stream's original cross sectional dimensions, plan form pattern, and longitudinal bed and bed profile, and the various sites shall be stabilized with natural woody vegetation (exceptfor the approved maintenance areas) and restored to prevent erosion. 13. All temporary pipes[ culverts/ r prap pads etc, shall be installed in all streams as outlined in the most recent edition of the North Carolina Sediment and Erosion Control Planning and Design Manual or the North Carolina Surface Mining Manual so as not to restrict stream flow or cause dis-equilibrium during use of this General Certification. Water Quality Certification No. 3900 Water Quality Certification No. 3900 14. Any dprap required for proper culvert placement, stream stabilization, or restoration of temporarily disturbed areas shall be restricted to the area directly impacted by the approved construction activity. All rip -rap shall buried and/or "keyed W such that the original stream elevation and streambank contours are restored and maintained. Placement of rip -rap or other approved materials shall not result in de -stabilization of the stream bed or banks upstream or downstream of the area. 15. Any rip -rap used for stream stabilization shall'be of a size and density so as not to be able to be carried off by wave, current action, or stream flows and consist of clean rock or masonry material free of debris or toxic pollutants. Rip -rap shall not be installed in the streambed except in specific areas required for velocity control and to'ensure structural Integrity of bank stabilization measures. 16. If this Water Quality Certification is used to access building sites, then all lots owned by the applicant must be buildable without additional Impacts to streams or wetlands. The applicant is required to provide evidence that the lots are buildable without requiring additional impacts to wetlands, waters, or buffers if required to do so in writing by the Division. For road construction purposes, this Certification shall only be utilized from natural high ground to natural high ground. 17. Dead notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters, and protective buffers within the project boundaries in order to assure compliance for future. wetland, water, and buffer Impact. These mechanisms shall be put in place at the time of recording of the property or of individual lots, whichever is appronriate. A sample deed notification can be downloaded from the Division's web site at http-//oortalnodenrorgU eb/we./swp/ws1401/cerlsandperinits7epolvfforms. Thetextofthe sample deed notification may be modified as appropriate to suit to a'specific project. Documentation of dead notifications shall be provided to the Division upon request. 18. If an environmental document is required under the Nalionst or State Environmental Policy Act (NEPA or SEPA), then this General Certification Is not valid until a Finding of No Significant Impact (FONSI) or Record of Decision (ROD) is Issued by the State Clearinghouse. 19: to the taienty (20) coastal comities, the appropriate DWQ Regional Office'musfbe contacted ' to determine if Coastal Stormwater Regulations will be required. 20. This General Certification does not relieve the applicant of the responsibility to obtain all other required Federal, State, or Local approvals. 21. Theeppiicant/penn'ittee and their authorized agents shall conduct all activities In a manner oons1stent with State water quality standards (including any requirements resulting from compliance with.§303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal Law. If the Division determines that such standards or laws are not being met, Including failure to sustain a designated or achieved use,.or that State or Federal law is being violated, or that further conditions are necessary to assure compliance, then the Division may reevaluate and modify this General Water Quality Certification. 22. When written authorization. is required for use of this certification, upon completion of all permitted Impacts Included within the approval and any subsequent modifications, the applicant shall be required to return the certificate of completion attached to the approval. One copy of the certificate shall be sent to the DWQ Central Office in Raleigh at 1650 Mail Service Center, Raleigh, NC, 27699-1650. 23. Additional site -specific conditions, including monitoring and/or modeling requirements, may be added to the written approval letter for projects proposed under this Water Quality Water Quality Certification No. 3900 Water Quality Certification No. 3900 Certification in order to ensure compliance with all applicable water quality and effluent standards. 24. This certification grants permission to the director, an authorized representative of the Director, or DENR staff, upon the presentation of proper credentials, to enter the property during normal business hours. This General Certification shall expire on the same day as the expiration date of the corresponding Nationwide and/or Regional General Permit. The conditions in effect on the date of Issuance of Certification for a specific project shall remain in effect for the life of the project, regardless of the expiraton. date of this Certification. Non-compliance with. or violation of the conditions herein set forth by a specific'project may result in revocation of this General Certification for the project and may also result in criminal and/or civil penalties. The Director of the North Carolina Division of Water Quality may require submission of a formal application for Individual Certification for any project in this category of activity if it is determined that the project is likely to have a significant adverse affect upon water quality, including state or federally listed endangered or threatened aquatic species, or degrade the waters so that existing uses of the wetland or downstream waters are precluded. Public hearings may be held for specific applications or group of applications prior to a Certification decision if deemed in the publids best interest by the Director of the North Carolina Division of Water Quality. r Effective date: March 19, 2012 DIVISION OF WATER QUALITY By Charles Waklld, P.E. Director History Note: Water quality Certification (WQC) Number 3960 issued March 19, 2012 replaces WQC Number3641 and 3642 issued March 19, 2007,• WQC Numbers 3371 and 3400 issued March 18, 2002; WQC Number3274 issued June 1, 2000,, WQC Number3112 issued February 11, 1997; and WQC Number 3025 issued September 6, 1995. This General Celiffliceflon is rescinded when the Corps. of Engineers reauthorizes any 'ofthe corresponding Nationwide end/or Regional General Permits or when deemed appropriate by the Director of the Division of Water Quality. Water Quality Certification No. 3900 7 Huggett, Doug From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Sent: Tuesday, February 14, 2017 4:49 PM To: Martin, Johnny; Gregory Rudolph (grudolph@carteretcountync.gov); Eugene Foxworth; Neal, Robert;'McCrain, Jerry, Huggett, Doug Subject: RE: Wainwright Slough Attachments: GP 291 Draft Special Conditions.doa; PGP291-2016-12-23.pdf; manatee_guidelines.pdf; sea_tu rtle_and_smalltooth_sawfish_construction_conditions_3-23-06.pdf Johnny, Please see attached documents for your reference. The first document includes draft special conditions for the proposed project. These are subject to change pending receipt of the 408 memo next week. The second are the conditions that are included in the General Permit 291. Please note that this project is not yet authorized. Also attached are Manatee Guidelines and NMFS's Sea Turtle and NMFS Sea Turtle and Smalltooth Sawfish Construction Conditions (both referenced in the special conditions). Please note that Monday, February 20th is a federal holiday. Additionally, I will be working in Fayetteville and Fort Bragg next Tuesday and Wednesday, and will not return to the office until Thursday, February 23. Please let me know if you have any questions. Doug: Do you need anything else from me on this? Thank you, Liz Hair Project Manager USAGE -Wilmington District Wilmington Regulatory Field Office 69 Darlington Avenue Wilmington, NC 28403 910-251-4049 Sarah.e.hair@usace.army.mil, -----Original Message ----- From: Martin, Johnny[mailto:JMartin@moffattnichol.com] Sent: Tuesday, February 14, 2017 3:13 PM To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil>; Gregory Rudolph (grudolph@carteretcountync.gov) <grudolph@carteretcountync.gov>; Eugene Foxworth <Eugene.Foxworth@carteretcountync.gov>; Neal, Robert <rneal@moffattnichol.com>; McCrain, Jerry <jmccrain@moffattnichol.com>;'Doug.Huggett@ncdenr.gov' (Doug.Huggett@ncdenr.gov) <Do ug. H uggett @ n cd e n r.gov> Subject: [EXTERNAL] RE: Wainwright Slough Liz, I will echo what Robert said. It would be great to see the draft permit conditions as soon as we can late this week or early next at the latest. We are going ahead with the bid opening tomorrow and will just deal with any potential permit condition effects on the bids as a change order if needed. Thanks! Best Regards, Johnny Martin, PE Coastal/Hydraulic Engineer 4700 Falls of Neuse Rd, Ste 300 ) Raleigh, NC 27609 T 919.781.4626 1 C 919.538.6033 Creative People, Practical Solutions. Connect with us: Website I Facebook I Linkedln I Twitter -----Original Message ----- From: Hair, Sarah E CIV CESAW CESAD (US) [mailto:Sarah.E.Hair@usace.army.mil] Sent: Tuesday, February 14, 2017 2:41 PM To: Martin, Johnny <JMartin@moffattnichol.com>; Gregory Rudolph (grudolph@carteretcountync.gov) <grudolph@carteretcountync.gov>; Eugene Foxworth <Eugene.Foxworth@carteretcountync.gov>; Neal, Robert <rneal@moffattnichol.com>; McCrain, Jerry <jmccrain@moffattnichol.com>; 'Doug.Huggett@ncdenr.gov' (Doug.Huggett@ncdenr.gov) <Doug.Huggett@ncdenr.gov> Subject: RE: Wainwright Slough Hey Johnny, I just received word that our Colonel is out until Tuesday of next week. He is the only one who can sign the 408 memo, and I cannot issue my GP verification until the 408 coordination process is complete. Two questions for you: 1) Can you proceed tomorrow without the Corps authorization, and 2) If I provide you with draft permit conditions in advance of the Corps authorization, would that be helpful to you? Thanks, Liz -----Original Message ----- From: Martin, Johnny [mailto:JMartin@moffattnichol.com] Sent: Monday, February 13, 2017 10:23 AM To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E,Hair@usace.army.mil>; Gregory Rudolph (grudolph@carteretcountync.gov) <grudolph@carteretcountync.gov>; Eugene Foxworth <Eugene. Foxworth @ ca rteretco u ntync.gov>; Neal, Robert <rneal@moffattnichol.com>; McCrain, Jerry <jmccrain@moffattnichol.com>;'Doug.Huggett@ncdenr.gov' (Doug.Huggett@ncdenr.gov) <Do ug. H uggett@ n cd e n r.gov> Subject: [EXTERNAL] RE: Wainwright Slough Liz, Thanks for the update! We look forward to getting the permits! Best Regards, Johnny Martin, PE Coastal/Hydraulic Engineer 4700 Falls of Neuse Rd, Ste 300 1 Raleigh, NC 27609 T 919.781.4626 1 C 919.538.6033 Creative People, Practical Solutions. Connect with us: Website I Facebook I Linkedln ) Twitter -----Original Message ----- From: Hair, Sarah E CIV CESAW CESAD (US)[mailto:Sarah.E.Hair@usace.army.mil] Sent: Monday, February 13, 2017 10:11 AM To: Martin, Johnny <JMartin@moffattnichol.com> Subject: RE: Wainwright Slough Johnny, The 408 memo is being routed for the Colonel's signature. I'll let you know when I have it. Heard back from USFWS on Friday and they have no objection to the project. Liz -----Original Message ----- From: Martin, Johnny [mailto:JMartin@moffattnichol.com] Sent: Friday, February 10, 2017 10:46 AM To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil>; McCrain, Jerry <jmccrain@moffattnichol.com>; Gregory Rudolph (grudolph@carteretcountync.gov) <grudolph@carteretcountync.gov>; 'Doug.Huggett@ncdenr.gov' (Doug.Huggett@ncdenr.gov) <Doug. H uggett@ ncdenr.gov> Cc: Neal, Robert <rneal@moffattnichol.com>; Dorney, John <jdorney@moffattnichol.com>; Efird, Adam <aefird@moffattnichol.com> Subject: [EXTERNAL] RE: Wainwright Slough Liz, Thanks for pushing the remaining items! We will wait to hear from you as to when we can expect to receive the permits. Best Regards, Johnny Martin, PE Coastal/Hydraulic Engineer 4700 Falls of Neuse Rd, Ste 300 1 Raleigh, NC 27609 T 919.781.4626 1 C 919.538.6033 Creative People, Practical Solutions. 11 Connect with us: Website I Facebook I Linkedln I Twitter -----Original Message ----- From: Hair, Sarah E CIV CESAW CESAD (US)[mailto:Sarah.E.Hair@usace.army.mil] Sent: Friday, February 10, 2017 9:50 AM To: Martin, Johnny <jMartin@moffattnichol.com>; McCrain, Jerry <jmccrain@moffattnichol.com>; Gregory Rudolph (grudolph@carteretcountync.gov) <grudolph@carteretcountync.gov>; 'Doug.Huggett@ncdenr.gov' (Doug.Huggett@ncdenr.gov) <Doug.Huggett@ncdenr.gov> Cc: Neal, Robert <rneal@moffattnichol.com>; Dorney, John <jdorney@moffattnichol.com>; Efird, Adam <aefird@moffattnichoLcom> Subject: RE: Wainwright Slough Johnny, Still waiting on the 408 memo from Environmental and USFWS comments. I have reached out to both and reiterated the urgency on the applicant's behalf. My notice closes on the 17th. I have not heard anything related to the 408 (which Office of Counsel has to review and then it is signed by the Colonel) or the USFWS at this time which would prevent me from issuing the GP 291 for this project. I'm not sure where DCM or DWR are in their process, but I can check this morning. I'll be in Morehead for a meeting this afternoon, but will have access to email if you need to reach me. Thanks, Liz -----Original Message ----- From: Martin, Johnny [mailto:JMartin@moffattnichol.com] Sent: Friday, February 10, 2017 8:51 AM To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil>; McCrain, Jerry <jmccrain@moffattnichol.com>; Gregory Rudolph (grudolph@carteretcountync.gov) <grudolph@carteretcountync.gov>; 'Doug.Huggett@ncdenr.gov' (Doug.Huggett@ncdenr.gov) <Doug.Huggett@ ncdenr.gov> Cc: Neal, Robert <rneal@moffattnichol.com>; Dorney, John <jdorney@moffattnichol.com>; Efird, Adam <a efi rd @ m offattn ich o I.co m> Subject: [EXTERNAL] RE: Wainwright Slough Liz, Any update on when we will receive the permits? The bid opening for the project is on Wednesday. Thanks! Best Regards, Johnny Martin, PE Coastal/Hydraulic Engineer 4700 Falls of Neuse Rd, Ste 300 ( Raleigh, NC 27609 T 919.781.4626 ( C 919.538.6033 Creative People, Practical Solutions. 11 Connect with us: Website I Facebook I Linkedln I Twitter -----Original Message ----- From: Martin, Johnny Sent: Tuesday, February 07, 2017 6:34 PM To:'Hair, Sarah E CIV CESAW CESAD (US)' <Sarah.E.Hair@usace.army.mil>; McCrain, Jerry <jmccrain@moffattnichol.com>;'Gregory Rudolph (grudolph@carteretcountync.gov)' <grudolph @ ca rteretcou ntync.gov>; 'Doug. H uggett@ ncdenr.gov' (Doug.Huggett@ncdenr.gov) <Do ug. H uggett@ ncden r.gov> Cc: Neal, Robert <rneal@moffattnichol.com>; Dorney, John <jdorney@moffattnichol.com>; Efird, Adam <aefi rd @ moffattn icho I.com> Subject: RE: Wainwright Slough Liz, We heard late today that the consultation may have been completed and I checked the website and found the attached letter. Does this mean that we are good to go? (fingers crossed......) If so, when do you think we will see the DCM and USACE permits? Thanks for all your help in advance! Best Regards, Johnny Martin, PE Coastal/Hydraulic Engineer 4700 Falls of Neuse Rd, Ste 300 1 Raleigh, NC 27609 T 919.781.4626 1 C 919.538.6033 Creative People, Practical Solutions. Connect with us: Website I Facebook I Linkedln ( Twitter -----Original Message ----- From: Martin, Johnny Sent: Friday, February 03, 2017 10:05 AM To:'Hair, Sarah E CIV CESAW CESAD (US)' <Sarah.E.Hair@usace.army.mil>; McCrain, Jerry <jmccrain@moffattnichol.com>; Gregory Rudolph (grudolph@carteretcountync.gov) <grudolph@carteretcountync.gov> Cc: Neal, Robert <rneal@moffattnichol.com>; Dorney, John <jdorney@moffattnichol.com>; Efird, Adam <aefird @ moffattnicho I.com> Subject: RE: Wainwright Slough Liz, Hope you are having a good week! Have you had any communication back from NMFS yet concerning the project as to whether it has been assigned to anyone yet and if they have started to review? Just trying to keep everyone informed. Thanks! Best Regards, Johnny Martin, PE Coastal/Hydraulic Engineer 4700 Falls of Neuse Rd, Ste 300 1 Raleigh, NC 27609 T 919.781.4626 1 C 919.538.6033 Creative People, Practical Solutions. Connect with us: Website I Facebook I Linkedln I Twitter -----Original Message ----- From: Hair, Sarah E CIV CESAW CESAD (US) [mailto:Sarah.E.Hair@usace.army.mil] Sent: Tuesday, January 31, 2017 9:39 AM To: Martin, Johnny <1Martin@moffattnichol.com>; McCrain, Jerry <jmccrain@moffattnichol.com>; Gregory Rudolph (grudolph@carteretcountync.gov) <grudolph@carteretcountync.gov> Cc: Neal, Robert <rneal@moffattnichol.com>; Dorney, John <jdorney@moffattnichol.com>; Efird, Adam <aefird @moffattnichol.com> Subject: RE: Wainwright Slough Thanks Johnny. It did and was assigned SER-2017-18444. I'll forward you the confirmation notice with the tracking number. Have a great week! Liz -----Original Message ----- From: Martin, Johnny [mailto:JMartin@moffattnichol.com] Sent: Tuesday, January 31, 2017 9:34 AM To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.miI>; McCrain, Jerry <jmccrain@moffattnichol.com>; Gregory Rudolph (grudolph@carteretcountync.gov) <grudolph@carteretcountync.gov> Cc: Neal, Robert <rneal@moffattnichol.com>; Dorney, John <jdorney@moffattnichol.com>; Efird, Adam <aefird @ moffattn icho I.com> Subject: [EXTERNAL] RE: Wainwright Slough Liz, Hope that you are having a good week! Did the letter go out yesterday as planned? As soon as you get confirmation of the case # and the contact handling the request in Florida, please let us know. The County has put Congressman Walter Jones office on notice about the project and would like to have them follow up as soon as is possible this week. Thanks! Best Regards, Johnny Martin, PE Coastal/Hydraulic Engineer 4700 Falls of Neuse Rd, Ste 300 1 Raleigh, NC 27609 T 919.781.4626 1 C 919.538.6033 Creative People, Practical Solutions. Connect with us: Website I Facebook I Linkedln I Twitter -----Original Message ----- From: Hair, Sarah E CIV CESAW CESAD (US)[mailto:Sarah.E.Hair@usace.army.mil] Sent: Friday, January 27, 2017 11:35 AM To: Martin, Johnny <JMartin@moffattnichol.com>; McCrain, Jerry <jmccrain@moffattnichol.com>; Gregory Rudolph (grudolph@carteretcountync.gov) <grudolph@carteretcountync.gov> Cc: Neal, Robert <rneal@moffattnichol.com>; Dorney, John <jdorney@moffattn!chol.com>; Efird, Adam <aefird @ moffattnichol.co m> Subject: RE: Wainwright Slough Johnny, My supervisor has to review and approve the consultation request letter. That has not happened yet-[ discussed the project with him briefly on Monday and he is aware of the time constraint. Additionally, I will not know who the point of contact with PRD will be until the request is assigned. Based on my experience, this can take up to a couple of weeks. That said, I would be prepared for not making the February 15 deadline. I am still working everything on my end as fast as possible and will contact PRO when I submit the request. Likely to be Monday. Thank you, Liz -----Original Message ----- From: Martin, Johnny [mailto:JMartin@moffattnichol.com] Sent: Thursday, January 26, 2017 10:28 AM To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil>; McCrain, Jerry <jmccrain@moffattnichol.com>; Gregory Rudolph (grudolph@carteretcountync.gov) <grudolph@carteretcountync.gov> Cc: Neal, Robert <rneal@moffattnichol.com>; Dorney, John <jdorney@moffattnichol.com>; Efird, Adam <a efi rd @ moffattn i ch o I.co m> Subject: [EXTERNAL] RE: Wainwright Slough Hi Liz, Thanks again for taking our call on Monday and working with us to get the permits approved. I wanted to follow up and make sure that the information had been sent to NMFS in Florida and who at NMFS should be contacted for followup from the powers that be to help meet the Feb 15th deadline. Please let me know. Thanks! Best Regards, Johnny Martin, PE Coastal/Hydraulic Engineer 4700 Falls of Neuse Rd, Ste 300 1 Raleigh, NC 27609 T 919.781.4626 1 C 919.538.6033 Creative People, Practical Solutions. Connect with us: Website i Facebook I Linkedln I Twitter -----Original Message ----- From: Hair, Sarah E CIV CESAW CESAD (US) [mailto:Sarah.E.Hair@usace.army.mil] Sent: Monday, January 23, 2017 12:55 PM To: McCrain, Jerry <jmccrain@moffattnichol.com> Cc: Martin, Johnny <JMartin@moffattnichol.com>; Neal, Robert <rneal@moffattnichol.com>; Dorney, John <jdorney@moffattnichol.com>; Efird, Adam <aefird@moffattnichol.com> Subject: RE: Wainwright Slough Mr. McCrain, We can discuss this afternoon if you are available around 2 PM. The short of it is that what is being considered under section 7 of the ESA are the effects of the disposal on sturgeon and turtle foraging and migration habitat. These species are covered by the NMFS PRO (protected resources division) in St. Pete, Florida. This is not an EFH issue. Dr. Riley covers that aspect for NMFS Habitat Conservation Division in Morehead City. I spoke with our Environmental Branch regarding the status of the 408 late last week. My understanding is that it is nearly complete and under supervisory review. Once complete, it must be reviewed by office of counsel, and signed by the Colonel. I am trying to get the informal consultation with PRO expedited, but have to draft a letter and provide supplemental information. If you have a date that you need the permit in hand, please provide that information so that I can include it with the consultation request. Thank you, Liz -----Original Message ----- From: McCrain, Jerry [mailto:jmccrain@moffattnichol.com] Sent: Monday, January 23, 2017 12:09 PM To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Cc: Martin, Johnny <JMartin@moffattnichol.com>; Neal, Robert <rneal@moffattnichol.com>; Dorney, John <jdorney@moffattnichol.com>; Efird, Adam <aefird@moffattnichol.com> Subject: [EXTERNAL] Wainwright Slough Liz I am sorry we have not had the opportunity to discuss the Wainwright Slough project, and I hope we are able to speak with each other sometime today. As I indicated in previous messages, I am trying to coordinate the remaining permit issues between CZM and USACE for this project. USACE review and concurrence under the 0291 General Permit is important and we want to do whatever is possible to expedite and assist. I am unclear as to where USACE is with the federal review. Information provided through Robert Neal suggests that there remains an outstanding issue related to potential impacts to sturgeon. We coordinated with NMFS earlier in the process and indications are that sturgeon spawning or foraging habitat does not exist in the area. We provided an SAV survey and EFH assessment (see attached) to CZM and to Dr. Ken Riley, NMFS and we have been in touch with both regarding any concerns with respect to fisheries and protected species. We conducted a very brief ME evaluation as part of our background documentation which I am providing via attachment since it is unclear if this information was included in your application material. If there are other issues that could potentially delay completion of the 0291 review I would be more than happy to discuss. Could you please tell me what your expected schedule is for completion of the 0291 and 408 processes? I understand from Doug Huggett that CZM is prepared to issue the state permit but we understand that Federal review and concurrence is necessary before we can move forward. Our client (Carteret County) has a very narrow window to complete dredging this calendar year before the moratorium window closes on April 1, so time is of the essence. Thank you for your consideration. Jerry McCrain PS: I am including John Dorney and Adam Efird from our office on this email, as both were involved in development of the permit package for the Wainwright work. Jerry McCrain, Ph.D., CEP, PWS 4700 Falls of Neuse Road, Suite 300 1 Raleigh, NC 27609 P 919.781.4626 1 F 919.781.4869 1 C 919.215.7707 jmccrain@moffattnichol.com <mailto:jmccrain@moffattnichol.com> *NOTE ADDRESS CHANGE Creative People, Practical Solutions. (r) Connect with us: website<BlockedBlockedBlockedBlockedBlockedBlockedBlockedhttp://www.moffattnichol.com/> Facebook<BlockedBlockedBlockedBlockedBlockedBlockedBlockedhttps://www.facebook.com/moffattnichol> Linkedln<BlockedBlockedBlockedBlockedBlockedBlockedBlockedhttps://www.linkedin.com/company/moffatt-&- nichol> I Twitter <Blocked Blocked Blocked Blocked Blocked Blocked Blocked httPs:Htwitter.com/moffattnichol> 10 DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403-1343 hUR://www.saw.usace.army_mil/Missions/Re ug latoryPermitPro rg am.aspx General Permit No. 198000291 Name of Permittee: General Public Effective Date: January 01, 2017 Expiration Date: December 31, 2021 DEPARTMENT OF THE ARMY GENERAL PERMIT A general permit to do work in or affecting navigable waters of the United States and waters of the United States, upon recommendation of the Chief of Engineers, pursuant to Section 10 of the Rivers and Harbors Act of March 3, 1899 (U.S.C. 403), and Section 404 of the Clean Water Act (33 U.S.C. 1344), is hereby issued by authority of the Secretary of the Army by District Engineer U.S. Army Engineer District, Wilmington Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403-1343 TO AUTHORIZE THOSE CONSTRUCTION ACTIVITIES IN THE 20 COASTAL COUNTIES RECEIVING PRIOR APPROVAL FROM THE STATE OF NORTH CAROLINA IN THE FORM OF A COASTAL AREA MANAGEMENT ACT (CAMA) PERMIT, AND/OR A STATE DREDGE AND FILL PERMIT, AND IF REQUIRED, A WATER QUALITY CERTIFICATION, THAT ARE OTHERWISE NOT ELIGIBLE FOR FEDERAL AUTHORIZATION IN THE FORM OF A NATIONWIDE PERMIT OR ANOTHER REGIONAL GENERAL PERMIT. Ooeratina Procedures a. Applications for joint state and federal authorization under this programmatic general permit will be accepted through the North Carolina Division of Coastal Management (NCDCM). Receipt of a complete application by the NCDCM will initiate the State's field review that will include a site visit and preparation of a Field Investigation Report and a state Bio-Report. The NCDCM will forward a copy of the complete application, its Field Investigation Report and its Bio-Report, to the appropriate Corps of Engineers field office, thereby initiating federal review of the project. The Corps, upon receipt of an application, will immediately assign an action identification number, acknowledge receipt thereof, and examine the application to assure that it can be processed pursuant to this programmatic general permit. The applicant and the NCDCM will be furnished written notification of the Corps' determination. Notification to the applicant will include a brief description of the administrative process. b. For those proposals that may result in a discharge into waters of the United,States, including wetlands, the North Carolina Division of Water Resources (NCDWR) and the applicant will be informed regarding the applicant's need to obtain a Water Quality Certification in accordance with section 401 of the Clean Water Act. c. If, at any time, the Corps determines that a proposed activity is eligible for authorization under another regional general permit (RGP) or a nationwide permit (NWP), this procedure may be terminated and the activity authorized pursuant to the terms and conditions of the appropriate RGP or NWP. d. The permit review process conducted by the NCDCM is a public process involving publication of public notices in local newspapers, public hearings, and various public appeal procedures. The Corps may issue a separate public notice for a specific proposal if it is deemed necessary for compliance with appropriate laws, regulation and guidance. e. This general permit does not, in any way, alter established procedures or responsibilities, as required by federal laws, memoranda of agreements (MOA's) or administrative regulations, with respect to the Corps' coordination with appropriate review agencies. The applicant will continue to have the opportunity to rebut any objections to a proposal. f. The Corps will provide copies of the application and plans, the NCDCM's Field Investigation Report, and the state Bio-Report, to the U.S. Fish and Wildlife Service (USFWS), the National Marine Fisheries Service (NMFS) the U.S. Environmental Protection Agency (EPA), and any other federal agency that the Corps determines to be a necessary review agency (collectively, the "Federal Agencies"). Receipt of this material will initiate the Federal Agencies' review. The Federal Agencies will be allowed sufficient time, normally thirty (30) days, to provide the. Corps with their comments and recommendations, including any proposed permit special conditions and recommendations of denial. The Corps may grant extensions of time for Federal Agency review if justified by unusual circumstances. If an extension is granted that would substantially delay an NCDCM decision, the application may be removed from this general permit process. g. The Corps will receive and review all Federal Agency comments as well as any applicant rebuttal. Provided all Federal Agencies and the Corps are in agreement, the Corps will prepare a coordinated federal position incorporating all Federal Agency comments, including proposed permit special conditions and any recommendations for denial. The Corps will 2 typically fumish this coordinated federal position to the NCDCM within 45 days of its receipt of the complete application, and copies of the Field Investigation Report and Bio-Report. h. If the Corps does not concur with a Federal Agency's comments or recommendations, the Corps will contact the Federal Agency and advise it of the Corps' position. Attempts to resolve the issue may include initiating the referral procedures outlined by current memoranda of agreement (MOA's) between the Department of the Army and the agency. No coordinated federal position will be fumished to the NCDCM until and unless the Corps receives written agreement from the Federal Agency that all issues have been resolved to the satisfaction of that agency. i. If any of the recommendations and/or conditions included in the coordinated federal position are unacceptable to the NCDCM, the NCDCM will contact the Corps within ten (10) days of receipt of the coordinated federal position and attempt to resolve the conflict. If resolution of the conflict involves changes to the conditions or recommendations provided by the Federal Agencies, the provisions of paragraphs g. and h. (above) will apply. If the conflict is resolved to the satisfaction of the Corps and any affected Federal Agency, the NCDCM permit will be issued and the authority of this general permit will apply. j. If a Federal Agency conflict is not resolved within the time necessary for a decision by the NCDCM, the NCDCM may proceed, independently, to conclude the state action without inclusion of the federal position. In such case, the applicant and the NCDCM will be notified immediately, in writing, that the state permit does not satisfy the federal permit requirements and that the proposal in question may not proceed without federal authorization. k. If the coordinated federal position is not in conflict with state agencies' positions, law, regulation, or policy, and is acceptable to the NCDCM, a state permit will be developed by the NCDCM fully incorporating the state and federal positions. The NCDCM will furnish copies of the final permit to the applicant and the Corps. The NCDWR will furnish a copy of the Section 401 Water Quality Certification, if required, to the applicant and the Corps. The Corps will not confirm the authorization of a proposed project under this General Permit until the issuance of the NCDCM permit and, if required, the Section 401 Water Quality Certification. 1. If the NCDCM permit or Section 401 Water Quality Certification is denied, the applicant will be informed that federal authorization is denied without prejudice. m. No work may proceed under this general permit until the Wilmington District Engineer or his representative provides written verification that the procedures and conditions of the general permit have been satisfied. ' n. The NCDCM and the Corps will monitor all permitted work and periodically inspect projects for compliance with permit conditions and applicable state and federal regulations. If any violation of the NCDCM permit is discovered which would also constitute a violation of the federal position, both the NCDCM and the Corps, in accordance with their respective regulations and policies, may take enforcement action. o. This general permit will not be used to authorize an activity when the Wilmington District Engineer determines that the proposed activity would significantly affect the quality of the human environment and therefore require preparation of an Environmental Impact Statement (EIS). General Conditions a. Authorized structures located on or adjacent to Federally authorized waterways will be constructed in accordance with the latest setback criteria established by the Wilmington District Engineer. You may review the setback policy at http://www.saw.usace.army.mil/Missions/Navigation/Setbacks.aspx. This general permit does not authorize the construction of hardened or permanently fixed structures within the Federally Authorized Channel Setback, unless the activity is approved by the Corps. The permittee must obtain approval from the Corps prior to the construction of any structures within the Federally Authorized Channel Setback. b. Except as authorized by this general permit or any Corps approved modification to this general 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. c. Authorization under this general permit does not obviate the need to obtain other federal, state, or local authorizations. d. All work authorized by this general permit must comply with the terms and conditions of the applicable Clean Water Act Section 401 Water Quality Certification for this general permit issued by the North Carolina Division of Water Resources. e. 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). f. The activities authorized by this general permit 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 a reason other than safety. g. 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/her 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 Corps, 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 or alteration. h. The permittee, upon receipt of a notice of revocation of the permit for the verified individual activity, may apply for an individual permit, or will, without expense to the United States and in such time and manner as the Secretary of the Army or his/her authorized representative may direct, restore the affected water of the United States to its former conditions i. This General Permit does not authorize any activity that would conflict with a federal project's congressionally authorized purposes, established limitations or restrictions, or limit an agency's ability to conduct necessary operation and maintenance functions. Per Section 14 of the Rivers and Harbors Act of 1899, as amended (33 U.S.C. 408), no project that has the potential to take possession of or make use of for any purpose, or build upon, alter, deface, destroy, move, injure, or obstruct a federally constructed work or project, including, but not limited to, levees, dams, jettys, navigation channels, borrow areas, dredged material disposal sites, flood control projects, etc., shall be permitted unless the project has been reviewed and approved by the appropriate Corps approval authority. j. The permittee shall obtain a Consent to Cross Government Easement from the Wilmington District's Land Use Coordinator prior to any crossing of the Corps easement and/or prior to commencing construction of any structures, authorized dredging or other work within the right-of-way of, or in proximity to, a federally designated disposal area. The Land Use Coordinator may be contacted at: CESAW-OP-N, 69 Darlington Avenue, Wilmington, North Carolina 28403-1343, email: SAWWeb-NAVausace.army.mil. k. The permittee will allow the Wilmington District Engineer or his/her representative to inspect the authorized activity at any time deemed necessary to assure that the activity is being performed or maintained in strict accordance with the Special and General Conditions of this permit. I. This general permit does not grant any property rights or exclusive privileges. in. This general permit does not authorize any injury to the property or rights of others. n. This general permit does not authorize the interference with any existing or proposed federal project. o. In issuing this general permit, the Federal Government does not assume any liability for the following: (1) Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. (2) Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. (3) Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this general permit. (4) Design or construction deficiencies associated with the permitted work. (5) Damage claims associated with any future modification, suspension, or revocation of this general permit. p. Authorization provided by this general permit may be modified, suspended or revoked in whole or in part if the Wilmington District Engineer, acting for the Secretary of the Army, determines that such action would be in the best public interest. The term of this general permit shall be five (5) years unless subject to modification, suspension or revocation. Any modification, suspension or revocation of this authorization will not be the basis for any claim for damages against the United States Government. q. No activity may occur in a component of the National Wild and Scenic Rivers System, or in a river officially designated by Congress as a "study river" for possible inclusion in the system while the river is in an official study status, unless the appropriate Federal agency with direct management responsibility for such river, has determined in writing that the proposed activity will not adversely affect the Wild and Scenic designation or study status. Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency responsible for the designated Wild and Scenic River or "study river" (e.g., National Park Service, U.S. Forest Service, etc.) r. This general permit does not authorize any activity within, or directly affecting, a marine sanctuary established by the Secretary of Commerce under authority of Section 302 of the Marine Protection, Research and Sanctuaries Act of 1972, unless the applicant provides the Corps with a certification from the Secretary of Commerce that the proposed activity is consistent with the purposes of Title III of the Marine Protection, Research and Sanctuaries Act. Information on marine sanctuaries may be obtained at http://sanctuaries.noaa.aov/#MN. Permittees may not begin work until they provide the Corps with a written certification from the Department of Commerce. s. In cases where the Wilmington District Engineer determines that the activity may affect properties listed, or eligible for listing, in the National Register of Historic Places and its codified regulations, the National Historic Preservation Amendment Acts of 1980 and 1992, the Abandoned Shipwreck Act of 1987 and the Native American Graves Protection and Repatriation Act, the activity is not authorized, until the requirements of Section 106 of the National Historic Preservation Act (NHPA) have been satisfied. Permittees may not begin work until notified by the Corps that the requirements of the NHPA have been satisfied and that the activity is authorized. t. If you discover any previously unknown historic, cultural or archeological remains and artifacts while accomplishing the activity authorized by this general permit, you must immediately notify the Wilmington District Engineer of what you have found, and to the maximum extent practicable, avoid construction activities that may affect the remains and artifacts until the required coordination has been completed. The Wilmington District Engineer will initiate the Federal, tribal and state coordination required to determine if the items or remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. u. No activity is authorized under this general permit which is likely to directly or indirectly jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or which will directly or indirectly destroy or adversely modify the critical habitat of such species. No activity is authorized under any NWP which "may affect' a listed species or critical habitat, unless Section 7 consultation addressing the effects of the proposed activity has been completed. Information on threatened and endangered species and their critical habitat can be obtained directly from the Corps field offices, the USFWS field offices or at the following web addresses: b=://www.fws.jzov/ or http://www.fws.gov/ipac/ or http://www.noaa.gov/fisheries.html . Permittees may not begin work until notified by the Corps that the requirements of the Endangered Species Act have been satisfied and that the activity is authorized. v. If the permittee discovers or observes any live, damaged, injured or dead individual of an endangered or threatened species during construction, the permittee shall immediately notify the Wilmington District Engineer so that required coordination can be initiated with the U.S. Fish and Wildlife Service and/or National Marine Fisheries Service. w. Permittees are advised that development activities in or near a floodway may be subject to the National Flood Insurance Program that prohibits any development, including fill, within a floodway that results in any increase in base flood elevations. This general permit does not authorize any activity prohibited by the National Flood Insurance Program. 7 x. The permittee must install and maintain, at his/her expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact Coast Guard Sector North Carolina at (910) 772-2191 or email Coast Guard Fifth District at cgd5waterwaysauscg.mil. y. If the display of lights and signals on the authorized structure is not otherwise provided for by law, such lights and signals as may be prescribed by the U.S. Coast Guard will be installed and maintained by and at the expense of the permittee. z. It is possible that an authorized structure may be damaged by wavewash from passing vessels. The issuance of this general permit does not relieve the permittee from taking all proper steps to ensure the integrity of the permitted structure and the safety of moored boats. The permittee will not hold the United States liable for any such damage. aa. Structures and their attendant utilities, authorized by this general permit, located on lands subject to an easement in favor of the United States for the operation, maintenance, improvement, and enlargement of the Atlantic Intracoastal Waterway (AIWW), will be removed at the expense of the permittee, in the event that, in the judgment of the Corps acting on behalf of the United States, the lands are needed at any time for any purpose within the scope of the easement. Permanent buildings will not be constructed within the easement. bb. The permittee must maintain any structure or work authorized by this general permit in good condition and in conformance with the terms and conditions of this general permit. The Permittee is not relieved of this requirement if the Permittee abandons the structure or work. Transfer in fee simple of the work authorized by this general permit will automatically transfer this general permit to the property's new owner, with all of the rights and responsibilities enumerated herein. The permittee must inform any subsequent owner of all activities undertaken under the authority of this general permit and provide the subsequent owner with a copy of the terms and conditions of this general permit. cc. At his/her sole discretion, any time during the processing cycle, the Wilmington District Engineer may determine that this general permit will not be applicable to a specific proposal. In such case, the procedures for processing an individual permit in accordance with 33 CFR 325 will be available. dd. Except as authorized by this general permit or any Corps approved modification to this general 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. ee. Except as authorized by this general permit or any Corps approved modification to this general permit, all excavated material will be disposed of in approved upland disposal areas. ff. Activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon this general permit will remain authorized provided the activity is completed within twelve months of the date of the general permit's expiration, modification, or revocation. Activities completed under the authorization of this general permit that were in effect at the time the activity was completed continue to be authorized by the general permit BY AUTHORITY OF THE SECRETARY OF THE ARMY: FOR THE COMMANDER: w 4 Scott McLendon Chief, Regulatory Division Wilmington District United States Department of the Interior P ' FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 �4Rcn s `0' Raleigh, North Carolina 27636-3726 GUIDELINES FOR AVOIDING IMPACTS TO THE WEST INDIAN MANATEE Precautionary Measures for Construction Activities in North Carolina Waters The West Indian manatee (Trichechus manatus), also known as the Florida manatee, is a Federally -listed endangered aquatic mammal protected under the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.) and the Marine Mammal Protection Act of 1972, as amended (16 U.S.0 1461 at seq.). The manatee is also listed as endangered under the North Carolina Endangered Species Act of 1987 (Article 25 of Chapter 113 of the General Statutes). The U.S. Fish and Wildlife Service (Service) is the lead Federal agency responsible for the protection and recovery of the West Indian manatee under the provisions of the Endangered Species Act. Adult manatees average 10 feet long and weigh about 2,200 pounds, although some individuals have been recorded at lengths greater than 13 feet and weighing as much as 3,500 pounds. Manatees are commonly found in fresh, brackish, or marine water habitats, including shallow coastal bays, lagoons, estuaries, and inland rivers of varying salinity extremes. Manatees spend much of their time underwater or partly submerged, making them difficult to detect even in shallow water. While the manatee's principal stronghold in the United States is Florida, the species is considered a seasonal inhabitant of North Carolina with most occurrences reported from June through October. To protect manatees in North Carolina, the Service's Raleigh Field Office has prepared precautionary measures for general construction activities in waters used by the species. Implementation of these measure will allow in -water projects which do not require blasting to proceed without adverse impacts to manatees. In addition, inclusion of these guidelines as conservation measures in a Biological Assessment or Biological Evaluation, or as part of the determination of impacts on the manatee in an environmental document prepared pursuant to the National Environmental Policy Act, will expedite the Service's review of the document for the fulfillment of requirements under Section 7 of the Endangered Species Act. These measures include: 1. The project manager and/or contractor will inform all personnel associated with the project that manatees may be present in the project area, and the need to avoid any harm to these endangered mammals. The project manager will ensure that all construction personnel know the general appearance of the species and their habit of moving about completely or partially submerged in shallow water. All construction personnel will be informed that they are responsible for observing water -related activities for the presence of manatees. 2. The project manager and/or the contractor will advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act and the Endangered Species Act. 3. If a manatee is seen within 100 yards of the active construction and/or dredging operation or vessel movement, all appropriate precautions will be implemented to ensure protection of the manatee. These precautions will include the immediate shutdown of moving equipment if a manatee comes within 50 feet of the operational area of the equipment. Activities will not resume until the manatee has departed the project area on its own volition (i.e., it may not be herded or harassed from the area). 4. Any collision with and/or injury to a manatee will be reported immediately. The report must be made to the U.S. Fish and Wildlife Service (ph. 919.856.4520 ext. 16), the National Marine Fisheries Service (ph. 252.728.8762), and the North Carolina Wildlife Resources Commission (ph. 252.448.1546). 5. A sign will be posted in all vessels associated with the project where it is clearly visible to the vessel operator. The sign should state: CAUTION: The endangered manatee may occurin these waters during the warmer months, primarily from June through October. Idle speed is required if operating this vessel in shallow water during these months. All equipment must be shutdown if a manatee comes within 50 feet of the vessel or operating equipment. A collision with and/or injury to the manatee must be reported immediately to the U.S. Fish and Wildlife Service (919-856-4520 ext. 16), the National Marine Fisheries Service (252.728.8762), and the North Carolina Wildlife Resources Commission (252.448.1546). 6. The contractor will maintain a log detailing sightings, collisions, and/or injuries to manatees during project activities. Upon completion of the action, the project manager will prepare a report which summarizes all information on manatees encountered and submit the report to the Service's Raleigh Field Office. 7. All vessels associated with the construction project will operate at "no wake/idle" speeds at all times while in water where the draft of the vessel provides less than a four foot clearance from the bottom. All vessels will follow routes of deep water whenever possible. 8. If siltation barriers must be placed in shallow water, these barriers will be: (a) made of material in which manatees cannot become entangled; (b) secured in a manner that they cannot break free and entangle manatees; and, (c) regularly monitored to ensure that manatees have not become entangled. Barriers will be placed in a manner to allow manatees entry to or exit from essential habitat. Prepared by (rev. 06/2003): U.S. Fish and Wildlife Service Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 919/8564520 Figure 1. The whole body of the West Indian manatee may be visible in clear water; but in the dark and muddy waters of coastal North Carolina, one normally sees only a small part of the head when the manatee raises its nose to breathe. RrJ3 Illustration used with the permission of the North Carolina State Museum of Natural Sciences. Source: Clark, M. K. 1987. Endangered, Threatened, and Rare Fauna of North Carolina: Part I. A re-evaluation of the mammals. Occasional Papers of the North Carolina Biological Survey 1987- 3. North Carolina State Museum of Natural Sciences. Raleigh, NC. pp. 52. UNITED STATES DEPARTMENT OF COMMEP National Oceanic and Atmospheric Administration NATIONAL MARINE FISHERIES SERVICE Southeast Regional Office 263 13th Avenue South St. Petersburg, FL 33701 SEA TURTLE AND SMALLTOOTH SAWFISH CONSTRUCTION The permittee shall comply with the following protected species construction conditions: a. The permittee shall instruct all personnel associated with the project of the potential presence of these species and the need to avoid collisions with sea turtles and smalltooth sawfish. All construction personnel are responsible for observing water -related activities for the presence of these species. b. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing sea turtles or smalltooth sawfish, which are protected under the Endangered Species Act of 1973. c. Siltation barriers shall be made of material in which a sea turtle or smalltooth sawfish cannot become entangled, be properly secured, and be regularly monitored to avoid protected species entrapment. Barriers may not block sea turtle or smalltooth sawfish entry to or exit from designated critical habitat without prior agreement from the National Marine Fisheries Service's Protected Resources Division, St. Petersburg, Florida d. All vessels associated with the construction project shall operate at "no wake/idle" speeds at all times while in the construction area and while in water depths where the draft of the vessel provides less than a four -foot clearance from the bottom. All vessels will preferentially follow deep -water routes (e.g., marked channels) whenever possible. e. If a sea turtle or smalltooth sawfish is seen within 100 yards of the active daily construction/dredging operation or vessel movement, all appropriate precautions shall be implemented to ensure its protection. These precautions shall include cessation of operation of any moving equipment closer than 50 feet of a sea turtle or smalltooth sawfish. Operation of any mechanical construction equipment shall cease immediately if a sea turtle or smalltooth sawfish is seen within a 50-ft radius of the equipment. Activities may not resume until the protected species has departed the project area of its own volition. f. Any collision with and/or injury to a sea turtle or smalltooth sawfish shall be reported immediately to the National Marine Fisheries Service's Protected Resources Division (727-824- 5312) and the local authorized sea turtle stranding/rescue organization. g. Any special construction conditions, required of your specific project, outside these general conditions, if applicable, will be addressed in the primary consultation. Revised: March 23, 2006 O:\forms\Sea Turtle and Smalltooth Sawfish Construction Conditions.doc Best Regards, Johnny Martin, PE Coastal/Hydraulic Engineer 4700 Falls of Neuse Rd, Ste 300 1 Raleigh, NC 27609 T 919.781.4626 1 C 919.538.6033 Creative People, Practical Solutions. Connect with us: Website I Facebook I Linkedln I Twitter -----Original Message ----- From: Hair, Sarah E CIV CESAW CESAD (US) [mailto:Sarah.E.Hair@usace.army.mil] Sent: Monday, January 23, 2017 12:55 PM To: McCrain, Jerry <jmccrain@moffattnichol.com> Cc: Martin, Johnny <JMartin@moffattnichol.com>; Neal, Robert <rneal@moffattnichol.com>; Dorney, John <jdorney@moffattnichol.com>; Efird, Adam <aefird@moffattnichol.com> Subject: RE: Wainwright Slough Mr. McCrain, We can discuss this afternoon if you are available around 2 PM. The short of it is that what is being considered under section 7 of the ESA are the effects of the disposal on sturgeon and turtle foraging and migration habitat. These species are covered by the NMFS PRO (protected resources division) in St. Pete, Florida. This is not an EFH issue. Dr. Riley covers that aspect for NMFS Habitat Conservation Division in Morehead City. I spoke with our Environmental Branch regarding the status of the 408 late last week. My understanding is that it is nearly complete and under supervisory review. Once complete, it must be reviewed by office of counsel, and signed by the Colonel. I am trying to get the informal consultation with PRD expedited, but have to draft a letter and provide supplemental information. If you have a date that you need the permit in hand, please provide that information so that I can include it with the consultation request. Thank you, Liz -----Original Message ----- From: McCrain, Jerry [mailto:jmccrain@moffattnichol.com] Sent: Monday, January 23, 2017 12:09 PM To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Cc: Martin, Johnny <JMartin @moffattn[chol.com>; Neal, Robert <rneal@moffattnichol.com>; Dorney, John <jdorney@moffattnichol.com>; Efird, Adam <aefird@moffattnichol.com> Subject: [EXTERNAL] Wainwright Slough Liz I am sorry we have not had the opportunity to discuss the Wainwright Slough project, and I hope we are able to speak with each other sometime today. As I indicated in previous messages, I am trying to coordinate the remaining permit issues between CZM and USACE for this project. USACE review and concurrence under the 0291 General Permit is important and we want to do whatever is possible to expedite and assist. I am unclear as to where USACE is with the federal review. Information provided through Robert Neal suggests that there remains an outstanding issue related to potential impacts to sturgeon. We coordinated with NMFS earlier in the process and indications are that sturgeon spawning or foraging habitat does not exist in the area. We provided an SAV survey and EFH assessment (see attached) to CZM and to Dr. Ken Riley, NMFS and we have been in touch with both regarding any concerns with respect to fisheries and protected species. We conducted a very briefT&E evaluation as part of our background documentation which I am providing via attachment since it is unclear if this information was included in your application material. If there are other issues that could potentially delay completion of the 0291 review I would be more than happy to discuss. Could you please tell me what your expected schedule is for completion of the 0291 and 408 processes? I understand from Doug Huggett that CZM is prepared to issue the state permit but we understand that Federal review and concurrence is necessary before we can move forward. Our client (Carteret County) has a very narrow window to complete dredging this calendar year before the moratorium window closes on April 1, so time is of the essence. Thank you for your consideration. Jerry McCrain PS: I am including John Dorney and Adam Efird from our office on this email, as both were involved in development of the permit package for the Wainwright work. Jerry McCrain, Ph.D., CEP, PWS 4700 Falls of Neuse Road, Suite 300 1 Raleigh, NC 27609 P 919.781.4626 1 F 919.781.4869 1 C 919.215.7707 jmccrain@moffattnichol.com <mailto:jmccrain@moffattnichol.com> *NOTE ADDRESS CHANGE Creative People, Practical Solutions. (r) Connect with us: Website<BlockedBlockedBlockedBlockedBlockedBlockedBlockedhttp://www.moffattnichol.com/> Fa cebook <Blocked Blocked Blocked Blocked Blocked Blocked Blocked https://www.fa ceboo k.com/moffattn ichol> Linkedln<BlockedBlockedBlockedBlockedBlockedBlockedBlockedhttps://www.linkedin.com/company/moffatt-&- nichol> I Twitter<BlockedBlockedBlockedBlockedBlockedBlockedBlockedhttps:Htwitter.com/moffattnichol> 10 GP 291 Draft Special Conditions SAW-2016-01676 Wainwright Slough SPECIAL CONDITIONS 1. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/nc- es/mammal/manatee_guidelines.pdf. 2. The applicant shall implement NMFS's Sea Turtle and Smalltooth Sawfish Construction Conditions in order to further reduce the risk by requiring all construction workers watch for sturgeon and sea turtles. Operation of any mechanical construction equipment will cease immediately if a protected species is seen within a 50-ft radius of the equipment. Activities will not resume until the protected species has departed the project area of its own volition. 3. In order to protect juvenile finfish resources and seasonal migrations of fish and protected species (i.e. sturgeon and sea turtles), no excavation or filling activities will be permitted between the dates of April 1 and November 15 of any year without the prior approval of the North Carolina Division of Coastal Management and the U.S. Army Corps of Engineers. 4. Best management practices identified as field marking the existing SAV population, wetland grasses, oyster reefs and any shell bottom locations at low -tide shall be implemented in order to prevent construction and dredging equipment from negatively impacting those resources. DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Carteret County (Wainwright Slough) 2. LOCATION OF PROJECT SITE: Conflux of Pamlico and Core Sound adjacent to Wainwright Island, Carteret County Photo Index - 2006: No Photo Available Longitude: 76°12'30.65" W Latitude: 34059'24.63" N 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE:Dates of Site Visit — 11/1816 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received—12/8/16 Application Complete- 12/12/16 Office — Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan — Carteret County Land Classification from LUP — Conservation (B) AEC(s) Involved: EW, PTA, ES, CW (C) Water Dependent: (yes) (D) Intended Use: Public (E) Wastewater Treatment: Existing — N/A Planned — N/A (F) Type of Structures: Existing — Spoil Island, Navigation Aids Planned — Spoil Island (G) Estimated Annual Rate of Erosion: N/A Source — N/A 7. HABITAT DESCRIPTION: DREDGED FILLED OTHER (A)Open Water lac l0ac (D) Total Area Disturbed: 17 acres (E) Primary Nursery Area: No Shellfish Classification: Open (F) Water Classification: SA-ORW Field Investigation Report: Carteret Co. Page 02 8. PROJECT SUMMARY: Carteret County is proposing to maintenance excavate Wainwright Slough and place spoils in the Wainwright Island area. Wainwright Slough is a federal channel. Approximately 40,000 CY would be excavated. 9, NARRATIVE DESCRIPTION: The Wainwright Slough project is located at the conflux of Pamlico Sound and Core Sound off of Cedar Island, Carteret County. The existing island and federal channel is about half way between Cedar Island and Core Banks. This channel is the navigation route connecting Core Sound and Pamlico Sound Wainwright Island as it exists today is less than .5ac and is covered with Coastal Wetlands comprised of Spartina alterniflora. There is a patch of SAV South of the island. Wainwright Slough has existed as a federal channel since the 1970's. The channel was last excavated in 2013 and is currently experiencing shoaling east of Wainwright Island. The current low water depth in the shoal area is -4'. The US Coast Guard maintains Navigational Aids along this channel. This area of Core Sound is classified as SA-ORW by DWR. It is not a Primary Nursery area. It is open to the harvesting of shellfish. Carteret County's Land Use Plan classifies the future land use of this area as conservation. 10. PROJECT DESCRIPTION: Carteret County is proposing to maintenance excavate Wainwright Slough in an effort to restore navigation for recreational boating and commercial fishing vessels. The excavation would be performed by Hydraulic Dredge with spoils being placed in the area of Wainwright Island. A total of 40,000CY would be removed form Wainwright Slough. The proposed cut would be 2,600' long and 75' wide. Water depth in this area would increase from -4' MLLW to -7' MLLW. Based on samples taken, dredge material is expected to be fine to medium grain size sand. The excavated material would be placed in a 780' X570' area adjacent to what remains of Wainwright Island. Aerial photos indicate that spoils have been placed in this area during previous dredging projects. Water depths in this area would increase from -3' MLLW to +1.5' MLLW. Sand dikes would be constructed to help control the dredge effluent. After excavation is complete, the spoil area would be sloped to a 20:1 grade in order to promote shorebird usage. The consultant(Moffatt & Nichol) has provided a detailed narrative in order to help in the review of this project. 11. Anticipated Impacts: This project should increase navigation of the area by recreational boaters and provide a deeper channel for commercial fishing vessels to safely ingress and egress. There would be lac of EW and PTA excavated and l0ac of EW and PTA filled during this project. Temporary siltation would occur during excavation and could affect neighboring Coastal Wetland and SAV areas. Name: Ryan Davenport Date: 12/9/16 Morehead City Attachment A — Signed Agent Authorization Letter RECEIVED DEC 0 8 2016 DCM- MHD CITY Shore Protection Manager Greg L. Rudolph Tel: (252) 222.5935 Fax: (252) 222.5826 grudolph@carteretcountync.gov December 5, 2016 l'i"015-14re a. 0"Kty protection office NC Division of Coastal Management 400 Commerce Drive Morehead City, NC 28557 RE: Wainwright Slough, Carteret County — Agent Authorization To Whom It May Concern: Please be advised, Moffatt & Nichol has been authorized by the Carteret County Board of County Commission as an Authorized Agent. The authorization entails (and is limited too) efforts necessary to acquire state and federal permits for the maintenance dredging of Wainwright Slough. Si�nceerrely, 7�-�r/ yc-�"_ / Greg "Rudi" Rudolph Shore Protection Manager Carteret County Shore Protection Office RECEIVED DEC 0 8 2016 DCM- MHD CITY Shore Protection Office • P.O. Box 4297 • Emerald Isle, North Carolina 28594 www. . protect the beach. com Attachment B — NCDCM Permit Forms (MP-1 & MP-2) RECEIVED DEC 0 8 2016 DCM- MHD CITY Attachment C — Permit Drawings RECEIVED DEC 0 8 2016 DCM- MHD CITY CARTERET COUNTY WAINWRIGHT SLOUGH NAVIGATION MAINTENANCE PERMIT SKETCHES DECEMBER 07, 2016 W. xorroscu.e VICINITY MAP SHEET INDEX RECEIVED SHT 1 - TITLE PAGE SHT 2 - CONTROL SHEET DEC 0 8 2016 SHT 3 - SITE PLAN SHT 4 - EXISTING CONDITIONS SHT 5 - SAV SURVEY AREA SHT 6 THRU 9 WAINWRIGHT SLOUGH CHANNEL PROFILES D C M- M H D CITY SHT 10 MATERIAL PLACEMENT SECTION VIEWS FOR PERMITTING ONLY - NOT FOR CONSTRUCTION ,",moffatt & nlchol WAINWRIGHT SLOUGH NAVIGATION CHANNEL CONTROL TABLE Statko End% Ift1 Nort6lry IN sonar MmutB n Beu WWII, IN Nde SkW (H:V) 07e*eVolume 0vrdWl iolerece Total Cumulat1W Vol. W/ft CY W/ft LY W/ft Cr a 10+00 2,935,710.79 461,497.61 111.N 75ft 3:1 0.0 0 2.8 323 2.8 323 323 11+U0 2,835,747.34 461,591M IM13 1.5 181 316 369 5.1 so 872 12+00 2,835,807.26 161,670.75 126.82 75ft 3:1 2.1 240 3.8 410 5.9 650 1,522 13+00 2,935,867.19 "1,75180 126.82 Aft 3:1 2.7 371 4.4 526 7.1 997 2,419 I + 2,835,927.12 M2,11IM95 126.82 Aft 3:1 4.7 W3 6.1 636 10.8 1,239 3,658 I3+00 2,835,987.05 162,910.91 126.92 Aft 3:1 7.3 975 6.6 694 13.9 1A69 5,328 16+00 2,936,046.99 461,990.96 126.92 75ft 3:1 12.2 1,448 7.3 770 19.5 2,227 7,545 17400 2,836,106.91 462,071.01 126.82 75ft 3:1 16.8 1,704 9.1 SH) 1 24.9 Z524 ILW9 18+00 2,836,165.34 462,151.07 126.82 75ft 3:1 17.3 1,750 1 8.3 829 25.6 ;SA 12,648 19+00 2,936,226T 462,231.12 126.82 75ft 3:1 17J 1,777 8.3 832 26.0 21609 15,256 20+00 2,836,286A 462,311.17 126.82 75ft 3:1 17.8 1,755 8.3 an 26.2 2,584 17,941 22400 2,836,346.62 162,39113 226.82 75ft 3:1 17.3 1,581 9.2 all 2s.5 ;392 20,233 22+W 2,836,406.55 462,471.M IMM 75ft 3:1 14.4 1,413 8.0 795 22.3 2,208 22,440 33+W 2,836,466.0 MZSS1.33 126.82 75ft 3:1 13.9 1,119 7.9 782 21.8 2,101 24,M2 24+00 2,836,526A1 462,631.39 I26.82 75ft 3:1 12.5 I'm 7.7 662 20.2 1,722 26,264 24+65 2,836,S"M 162,699.92 112.a 12.4 183 7.9 116 20.3 299 26,50 25+00 2,836,SA.M 462,714.15 98.55 1 75ft 3:1 12.0 1,333 7.6 745 19.E 1,878 28,440 2fi+00 2,936,59kn 462,813.11 Was 75ft 3:1 20.7 1,022 7.3 728 18.0 1,750 30,190 27+00 2,836,609.61) 462,91288 96.55 75ft 3:1 9.8 1 903 1 7.2 709 17.0 1,613 31AM 2" 2,936,624.47 163,011.01 no 75 It 3:1 8.4 776 7.0 649 15.4 IA65 33,273 29M0 2,836,639.35 463,210.00 96S5 75ft 3:1 7.1 593 6.8 662 13.9 2,255 34,528 S0+00 2,836,651M 463.20896 98,35 75R 3:1 4.7 363 6.4 616 11.2 I'M 35,537 31+00 2,836,669.09 463,307.93 am 75ft 3:1 2.5 223 6.5 644 9.0 866 36AM 3" 2,836,683.97 463,40E.89 Wks 75ft 3:1 1.9 IA 6.4 645 8.3 817 37,N1 31+00 2,836,E98A0 W3,505.85 9655 75ft 3:1 1.5 124 6.5 650 8.0 774 37,995 34+W 2,836,71311 463,604.81 9655 75R 3:1 1.0 t3 6.5 . w 7.5 727 33,722 35+00 3,836,718.58 463,)03.J8 98.55 15ft 3:1 OJ 46 6.4 607 7.1 663 39,3A S6+00 2,836,743.46 463,602.74 1 98.55 75ft 1 3:1 1 0.2 1 24 1 5.7 SA 6.0 w NOTES 1. ELEVATIONS REF. 6B2.W AS ESTABLISHED BY NOAA BENCHMARE 865 5151 'A TIDAL'. 2. HOMONATAL CONTROL REFERENCES NORTH CAROL STATE PLANE NAD 83 FT (SINGLE ZONI 3. VOLUMES CALCULATED BY WAINWRIGHT ISLAND MATERIAL PLACEMENT SITE CONTROL TABLE DEC 0 8 2016 vertex Eudm(ft) NoMWPO A 2,835,794.14 463,07S35 B 2,835,82112 462,943M C 2,835,678.06 462,739.67 0 2,835,442.59 462,655.69 E 2,835,W,32 4 ,M.M F 2.8U,9".17 4 LITLU 6 2,835,310.28 463,245.68 H 2,835.SWA 463,M4.07 FOR PERMIiQMOMAD NOT FOR CONSTRUCTION CONSTRUCTION NOTES: LCONTRACTOR SHALL BE RESPONSIBLE FOR HYDRAULICALLY DREDGING WAINWRIGHT SLOUGH (STA. 10+00 TO STA. 36+00) AS SHOWN ON PLANS. THE CONTRACTOR SHALL BE RESPONSIBLE FOR CONTROLLING THEIR CUTTFRHEAD EQUIPMENT SO NO MATERIAL DISTURBANCE OCCURS BELOW THE OVERDRED iE (OD) TOLERANCE ELEVATIONS SHOWN. 2.CONTRACTOR SHALL BE RESPONSIBLE MATERIAL PLACEMENT WITHIN THE SITE BOUNDARIES AS SHOWN. THE CONTRACTOR SHALL ERECT SAND DHM USING THE DREDGE MATERIAL TO CONTROL THE EFFLUENT TO RUN GENERALLY Y SOUTHWEST DIRECTION FROM SEGMENT A-B TO SEGMENT E-F. 3.THE CONTRACTOR SHALL TAKE ALL REASONABLE PRECAUTIONS & ACTIONS TO PREVENT THE EFFLUENT FROM TRAVERSING BACK INTO THIN DREDGE AREA. HOWEVER, THE CONTRACTOR SHALL BE PROHIBITED FROM PLACING SANDBAGS OR OTHER PERMANENT OBSTRUCTIONS TO PREVENT THE EFFLUENT FROM LEAVING THE FILL PLACEMENT SITE. THE CONTRACTOR SHALL BE RESPONSIBLE FOR CONTROLLING THE EFFLUENT AND RESULTING TURBIDITY PLUME SO AS TO REMAIN COMPLIANT WITH WATER QUALITY STANDARDS STIPULATED BY THE PROJP.CTS'S STATE AND FEDERAL PERMITS. 4.TH E CONTRACTOR SHALL MAINTAIN A MAXIMUM ELEVATION OF THE PLACID (DREDGED) MATERIAL MATCHING THE EXISTING ELEVATION OF WAINWRIGHT ISLAND (APPROX. +1.5 MILW). 5.PRIOR TO PROJECT COMPLETION AND DEMOBILIZATION THE CONTRACTOR SHALL SMOOTH GRADE ALL MATERIAL ABOVE MLLW TO DISCOURAGE WATER PONDING. THE EDGES OF FILL SHALL BE SLOPED AT A MAX. (STEEPEST) ANGLE OF 1H:I0V (FEET) TO HELP ENCOURAGE SHOREBIRD USAGE, CARTERET COUNTY WAINWRIGHT SLOUGH NAVIGATION MAINTENANCE ,", m o ff a t t& n 1 c h o l PG. 2 OF 10 CONTROL SHEET Attachment D — Project Narrative and Environmental Summary RECEIVED DEC 0 8 2016 DCM- MHD CITY Attachment E —1"5 EA/FONSI RECEIVED DEC 0 8 2016 DCM- MHD CITY Additional Support Information • The application fee will be provided under separate cover from Carteret County. • All previous maintenance events have been conducted under federal authorizations, as opposed to state and federal permits. As a result, no permits are believed to exist for the previous works. • An AEC hazard notice is not considered applicable for this project. • Compliance with Land Use Plans: There are no land use issues associated with this project since the project involves open water issues. The disposal site to be approved by DCM will be required to meet requirements of CAMA Land Use Plans. • N.C. Environmental Policy Act Compliance: The dredging work proposed as part of this application is maintenance dredging of a previously maintained channel and does not require review under the N. C. Environmental Policy Act. • Adjacent Riparian Property Owners: The project site is in open water and does not involve riparian property owners other than the National Audubon Society who owns Wainwright Island. As previously noted, the Society has been contacted and support for the project has been obtained (see Attachment G). RECEIVED DEC 0 8 2016 DCM- MHD CITY Overall Summary of Information to Support a CAMA Major Development Permit Wainwright Slough Dredging, Carteret County, NC 1. Attachment A: A signed agent authorization letter from Carteret County. The letter authorizes Moffatt & Nichol to represent the County in efforts to obtain state and federal permits for the proposed maintenance work in Wainwright Slough. 2. Attachment B: NCDCM Permit forms (MP-1 & MP-2). 3. Attachment C: The permit drawings for Wainwright Slough maintenance event. No work has been conducted for the proposed project. Previous maintenance events have been conducted by the USACE, Wilmington District under a federal authorization. A location map can be found within the permit drawings. Wainwright Slough may only be accessed by boat within Pamlico Sound near Cedar Island in Carteret County. 4. Attachment D: Project narrative and environmental summary for the Wainwright Slough maintenance event. 5. Attachment E: The 1995 Environmental Assessment/Finding of No Significant Impact. 6. Attachment F: 2006 DCM Consistency Determination for previous maintenance dredging activities in Wainwright Slough. Both the EANONSI and Consistency Determination are considered relevant to the current proposed action. 7. Attachment G: Statement from the Audubon Society in support of the project. The affected properties for this project are all submerged lands and property or the State of North Carolina The project will fill lands above MLW near Wainwright Island. Ownership of lands at this site belongs to the National Audubon Society. The Audubon Society supports the project and welcomes opportunities to help enhance bird nesting and foraging habitat at Wainwright Island. The agent for the Audubon Society is Mr. Walker Golder (Office: 910.686.7527). The National Audubon Society (NAS) is the only adjacent property owner and has been involved in the development of the propose project. A letter indicating receipt of the permit application will be provided under separate cover. The letter will advise the NAS of the 30 day requirement for submitting comments on the proposed project. In addition, the NAS will be copied on all correspondence transmitted to DCM addressing the proposed project. 8. Attachment H: Submerged Aquatic Vegetation (SAV) survey report. 9. Attachment I: Essential Fish Habitat (EFH) assessment. 10. Attachment J: Biological Assessment of federally listed protected species. 11. Attachment K: Review of the project by the State Historic Preservation Office (SHPO) RECEIVED DEC 0 S 2016 DCM- MHD CITY 4700 Falls of Neuse Road, Suite 300 Raleigh, NC 27609 (919) 78IA626 Fax (919) 781-4869 www moffadmchol com December 7, 2016 Mr. Ryan Davenport N.C. Division of Coastal Management (NCDCM) 400 Commerce Avenue Morehead City, NC 28557 Re: NCDCM Major Permit Application Wainwright Slough Dredging, Carteret County, North Carolina Dear Mr. Davenport: As authorized agent for Carteret County, please find enclosed an NCDCM Major Permit application for the above referenced project. The permit package includes NCDCM Forms MP-1 and MP-2, permit drawings, and additional information in support of the project. The application fee of $475.00 is being provided under separate cover by the County. We would appreciate review of this application at your earliest convenience as it is imperative that we initiate actions as soon as possible to support ongoing commercial fishing that depend on access through Wainwright Slough. Please feel free to call me if you have any questions or need additional information. Sincerely, MOFFATT & NICHOL L Johnny Martin, P.E. Senior Coastal Engineer Enclosures cc: Greg "Rudi" Rudolph, Carteret County Robert Neal, Moffatt & Nichol RECEIVED DEC 0 8 2016 DCM- MHD CITY ***This is a word processing form to be completed in Microsoft Word*** NC Division of Coastal Management Major Permit Application Computer Sheet.._ Applicant: Carteret County (Wainwright Slough) 12112116 Project Site County: Carteret Staff., JRD District: ❑Elizabeth City ❑Washington ®Morehead City El Wilmington Project Name: Wainwright Slough Rover File: N/A Date of initial application submittal (EX.' 1/8/2007) 1218116 Date application "received as complete" in the Field office (EX: 1/8/2007): 12112116 Permit Authorization: ECAMA EDredge & Fill ❑Both SITE DESCRIPTION/PERMIT INFORMATION PNA: []Yes ENo Photos Taken: Yes E No❑ Setback Required (riparian): ❑ Yes E No Critical Habitat. El Yes ENo ❑Not Sure 15 foot waiver obtained: El Yes ENo Hazard Notification Returned: ❑Yes ENo SAV: ❑Yes ENo ❑Not Sure Shell Bottom: ❑Yes ENo ❑ Not Temporary Impacts: EYes ❑No Sure Sandbags: ❑Yes ENo ❑ Not Sure Did the land use classification come from Mitigation Required (optional): county LUP:EYes ❑No ❑Yes ENo Moratorium Conditions: ❑Yes ❑No Environmental Assessment Done: ENA ❑Yes ENo ENA SECONDARY WATER CLASSIFICATION —OPTIONAL (choose MAX of 4) — — -- --- - ❑ Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) I ❑ Swamp Waters (SW) ❑ High Quality Waters (HQW) E Outstanding Resource Waters (ORW) WETLANDS IMPACTED ❑ (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort (Salicornia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) ❑ (SA) Salt marsh cordgrass (Spartina ❑ (SY) Salt reed grass (Spartina alterniflora) cynosuroides) ❑ (DS) Salt or spike grass (Distichlis ❑ (SC) Bullrush or three square (Scirpus ❑ (TY) Cattail (Typha sp.) spicata) sp.) ❑ (JR) Black needlemsh (Juncus ❑ (SP) Salt/meadow grass (Spartina roemerianus) patens) APPLICATION FEE ❑ No fee required -$0.00 ❑ III(A) Private w/D&Fup to 1 acre; ❑ III(D) Priv. public or comm w/D&Fto 1 3490 can be applied - $250 acre; 3490 can't be applied - $400 ❑ Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major E 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 - $400 252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net revised: 02/15/10 'WC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 4) ❑ Major development extension request - ❑ 11. Public or commercial/no dredge $100 and/or fill - $400 ❑ l._ Private no dredge and/or fill - $250 _❑ 111(9) Priv. public -or comm w/D&F to 1 _ acre; 3490 can be applied; DCM needs DWQ agreement - $400 revised 02115110 151C Division of Coastal Mgt. Application Computer Sheet, Page 3 of 4) Applicant: Carteret County Date: 12112116 - ---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. Number TYPE Choose One REPLACE Choose One Dimension 1 Dimension 2 Dimension 3 Dimension 4 Excavate 1 2600' 75' Fill 1 780' 570' New -Work[] Maint ❑ Replace ❑ Y ❑ N New Work ❑ Maint ❑ Replace ❑ Y ❑ N New Work❑ Maint ❑ Replace ❑ Y ❑ N New Work❑ Maint❑ Replace ' ❑Y❑N New Work ❑ Maint El Replace ❑Y❑N - - - New Work Maint ❑ Replace ❑ Y ❑ N New Work❑ Maint ❑ Replace ❑ Y ❑ N New Work Maint ❑ Replace ❑ Y ❑ N New Work ❑ Maint ❑ Replace ❑ Y ❑ N New Work Maint ❑ Replace ❑ Y ❑ N New Work ❑ Maint ❑ Replace ❑ Y ❑ N New Work Maint ❑ Replace ❑ Y ❑ N New Work Maint ❑ Replace ❑ Y ❑ N revised 02115/10 NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 4) Applicant: Academy Field LLC - -Date: 10/20116_. _.. - --- - — - -- .... — - -- 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 temp impacts) 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 temp impacts) FINAL Feet (Anticipated final disturbance. Excludes any restoration and/or temp impact amount Open Water Fill I0ac 10ac Open Water excavate 7ac 7ac 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 ❑ 252-808-2808 :: 1.888-4RCOAST :: www.nccoastalmanagement. net revised: 02M 5110 Q CO ru .n r- m m. rn Ln O 0 G O 0 r- m A -A a 0 r- a � ' CILIA-o - f€� Po ---01717 M oa .a pPMunPaadpt PmNoepy) $�. ❑agar Raalp({gocUvnkj a_�O.UO— '$ Postmark po.cmw ALtl Pwvlmea roh.y Here M"Isw. Pxw pagmtspnaiw. Pamu,+.d ooxoy a Poafa9u & 12/08/2016 ' otn Pootn04 nnq I�t�.90 Sent To �{ WlGer �it+l er h.��'N i PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary Environmental Quality Carteret News Times Re: Public Notice —Carteret Co. Dear Sir: Please publish the attached Notice in the 12/14/16 issue of the Carteret News Times. The State Office of Budget and Management require an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Arthur Stadiem, NC Division of Coastal Management, 400 Commerce Avenue, Morehead City, North Carolina 28557, Telephone (252) 808- 2808. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Morehead City office. Sincerely, J. Ryan Davenport Coastal Management Representative Enclosure cc: Roy Brownlow, District Manager Doug Huggett, Major Permits Coordinator NOTICE OF FILING OF A PPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT Nothing Compares_ 400 Commerce Ave., Morehead City, NC 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 Internet: www.nccoastaimanagement.net PAT MCCRORY Covemw DONALD'R. VAN DER VAART Secretary Environmental Quality The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that an application for a development permit in an Area of Environmental Concern as designated under the CAMA was received on 12/8/16. According to the application, Carteret County applied to excavate Wainwright Slough in Core Sound adjacent to Cedar Island, Carteret County. A copy of the entire application may be examined or copied at the office of Ryan Davenport, NC Division of Coastal Management, located at 400 Commerce Avenue, Morehead City, NC, (252) 808 2808 during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, N.C. 28557, prior to 1/1/17, will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. PUBLISHED ON: 12/14/16 Nothing Compares 400 Commerce Ave., Morehead City, NC 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 Internet: www.nccoastaimanagement.net Environmental Quality Carteret County Government C/o Rudi Rudolph 302 Courthouse Square Beaufort, NC 28516 Dear Mr. Rudolph: PAT MCCRORY Gwemtlr DONALD R. VAN DER VAART 12/12/16 The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development at Wainwright Slough in Core Sound. The complete package was received on 12/12/16. The projected deadline for making a decision is 2/24/17. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from 12/12/16, 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 of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would.be::Nailin the notice card to'a telephone ole or tree along the road -right-of-way P p g P P g' 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. 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. S' ceIy yan Davenport ilZoastal Management Representative Enclosure cc: Doug Huggett, Major Permits Coordinator Roy Brownlow, District Manager/Compliance Coordinator Johnny Martin, Moffatt & Nichol Nothing Compares�� 400 Commerce Ave., Morehead City, NC 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 Internet: www.nccoastalmanagement.net CAMA PERMIT APP LI PROJECT: APPI ]CANT- IfLOR I FOR MORE DETAILS CONTACT TFJALOCAL PEJ%IT OFFICER BELOW:: Bn O;tU hm moffafl # nlchol December 7, 2016 4700 Falls of Nauss Road, Suite 300 Raleigh, NC 27609 (919) 781-4626 Fax (919) 7814869 w .mo6atmichol.com Mr. Ryan Davenport N.C. Division of Coastal Management (NCDCM) 400 Commerce Avenue Morehead City, NC 28557 Re: NCDCM Major Permit Application Wainwright Slough Dredging, Carteret County, North Carolina Dear Mr. Davenport: RECEIVED DEC 14 2016 DCM- MHD CITY As authorized agent for Carteret County, please find enclosed an NCDCM Major Permit application for the above referenced project. The permit package includes NCDCM Forms MP-1 and MP-2, permit drawings, and additional information in support of the project. The application fee of $475.00 is being provided under separate cover by the County. We would appreciate review of this application at your earliest convenience as it is imperative that we initiate actions as soon as possible to support ongoing commercial fishing that depend on access through Wainwright Slough. Please feel free to call me if you have any questions or need additional information. Sincerely, MOFFATT & NICHOL Johnny Martin, P.E. Senior Coastal Engineer Enclosures cc: Greg "Rudi" Rudolph, Carteret County Robert Neal, Moffatt & Nichol Overall Summary of Information to Support a CAMA Major Development Permit Wainwright Slough Dredging, Carteret County, NC Attachment A: A signed agent authorization letter from Carteret County. The letter authorizes Moffatt & Nichol to represent the County in efforts to obtain state and federal permits for the proposed maintenance work in Wainwright Slough. 2. Attachment B: NCDCM Permit forms (MP-1 & MP-2). 3. Attachment C: The permit drawings for Wainwright Slough maintenance event. No work has been conducted for the proposed project. Previous maintenance events have been conducted by the USACE, Wilmington District under a federal authorization. A location map can be found within the permit drawings. Wainwright Slough may only be accessed by boat within Pamlico Sound near Cedar Island in Carteret County. 4. Attachment D: Project narrative and environmental summary for the Wainwright Slough maintenance event. 5. Attachment E: The 1995 Environmental Assessment/Finding of No Significant Impact. 6. Attachment F: 2006 DCM Consistency Determination for previous maintenance dredging activities in Wainwright Slough. Both the EA/FONSI and Consistency Determination are considered relevant to the current proposed action. 7. Attachment.G: Statement from the Audubon Society in support of the project. The affected properties for this project are all submerged lands and property or the State of North Carolina. The project will fill lands above MLW near Wainwright Island. Ownership of lands at this site belongs to the National Audubon Society. The Audubon Society supports the project and welcomes opportunities to help enhance bird nesting and foraging habitat at Wainwright Island. The agent for the Audubon Society is Mr. Walker Golder (Office: 910.686.7527). The National Audubon Society (NAS) is the only adjacent property owner and has been involved in the development of the propose project. A letter indicating receipt of the permit application will be provided under separate cover. The letter will advise the NAS of the 30 day requirement for submitting comments on the proposed project. In addition, the NAS will be copied on all correspondence transmitted to DCM addressing the proposed project. 8. Attachment H: Submerged Aquatic Vegetation (SAV) .survey report. 9. Attachment I: Essential Fish Habitat (EFH) assessment. 10. Attachment J: Biological Assessment of federally listed protected species. 11. Attachment K: Review of the project by the State Historic Preservation Office (SHPO) Additional Support Information • The application fee will be provided under separate cover from Carteret County. • All previous maintenance events have been conducted under federal authorizations, as opposed to state and federal permits. As a result, no permits are believed to exist for the previous works. • An AEC hazard notice is not considered applicable for this project. • Compliance with Land Use Plans: There are no land use issues associated with this project since the project involves open water issues. The disposal site to be approved by DCM will be required to meet requirements of CAMA Land Use Plans. • N.C. Environmental Policy Act Compliance: The dredging work proposed as part of this application is maintenance dredging of a previously maintained channel and does not require review under the N. C. Environmental Policy Act. • Adjacent Riparian Property Owners: The project site is in open water and does not involve riparian property owners other than the National Audubon Society who owns Wainwright Island. As previously noted, the Society has been contacted and support for the project has been obtained (see Attachment G). RECEIVED DEC 14 2016 DCM- MHD CITY Attachment A — Stned Agent Authorization Letter Shore Protection Manager Greg L. Rudolph Tel: (252) 222.5835 Fax: (252) 222.5826 grudolph@cmuretcountync.gov Carteret coaarty /6 protection office orotac:thebeach com RECEIVED DEC 14 2016 December 5, 2016 DCM- MHD CITY NC Division of Coastal Management 400 Commerce Drive Morehead City, NC 28557 RE: Wainwright Slough, Carteret County — Agent Authorization To Whom It May Concern: Please be advised, Moffatt & Nichol has been authorized by the Carteret County Board of County Commission as an Authorized Agent. The authorization entails (and is limited too) efforts necessary to acquire state and federal permits for the maintenance dredging of Wainwright Slough. Sincerely, If Greg "Rudi" Rudolph Shore Protection Manager Carteret County Shore Protection Office Shore Protection Office • P.O. Box 4297 • Emerald Isle, North Carolina 28594 www. . protect the beach. com Attachment B — NCDCM Permit Forms (NIP-1 & MP-2) DeM MP-1 APPLICATION for SCE Major Development Permit DEC 14 2016 (last revised 12/27/06) DCM- MHD CITY North Carolina DIVISION OF COASTAL MANAGEMENT I. Primary Applicant/ Landowner information Business Name Project Name (if applicable) Carteret County Board Of County Commimssioners Wainwright Slough Navigation Maintenance Applicant 1: First Name MI Last Name Tommy Bums Applicant 2: First Name MI Last Name Rudi Rudolph If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State 302 Courthouse Square Beaufort NC ZIP Country Phone No. FAX No. 28516 Carteret 252 - 728 - 8450 ext. 252 - 728 - 2092 Street Address (if different from above) City State ZIP Email tommy.bums@carteretcountync.gov 2. Agent/Contractor Information Business Name Moffatt & Nichol Agent/ Contractor 1: First Name MI Last Name Robert Neal Agentl Contractor 2: First Name MI Last Name Johnny Martin Mailing Address PO Box City State 272 N. Front St., Ste. 204 Wilmington NC ZIP Phone No. 1 Phone No. 2 28401 910-218-7100 ext 919-781-4626 ext. FAX No. Contractor # 919 781 4869 Street Address (d dlBeront Gom above) City State ZIP Email meal@moffaftnichol.com <Form continues on back> 252.30a-2808 :: 1.888-4RCOAST :: www.necoastaimanagement.net Form DCM MP-1 (Page 2 of 5) APPLICATION for Major Development Permit 3. Project Location it County (can be multiple) Street Address State Rd. # Carteret Pamlico Sound Subdivision Name City State Zip NC Phone Lot No-(s) (if many, attach additional page with list) 910 - 686 - 7527 ext. a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Neuse 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 NNo work falls within. 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.fL) 2,600 ft 10 Acres (Placement Site) 7.0 Acres (Navigation Channel) c. Size of individual lot(s) d. Approbmate elevation of tract above NHW (normal high water) or Wainwright Slough Ranges 2, 2a, & 3, NWL (normal water level) 2.0 ❑NHW or ®NWL (If many lot sizes, please attach additional page with a list) e. Vegetation on tract Spartina altemiflora, sparse H. wrightii (<1 % cover). f. Man-made features and uses now an tract Commerical and recreational navigation submerged lands. g. Identify and describe the eAsting land uses adiacent to the proposed project site. Recreational navigation, bird foraging and fishery habitat. h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? Not zoned (Attach zoning compliance certificate, ff applicable) ❑Yes ❑No NNA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes NNo k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes NNo ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes NNo ❑NA National Register listed or eligible property? <Form continues on next page> 252-808-2808 :: 1-888.4RCOAST :: www.nccoastalmanagement.net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ®Yes ❑No (ii) Are there coastal wetlands on the site? ®Yes []No (iii) If yes to either (1) or (ii) above, has a delineation been conducted? []Yes ®No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. None o. Describe existing drinking water supply source. None p. Describe existing storm water management or treatment systems. None 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ®Commercial lZIPublic/Govemment ❑Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Navigation access through Wainwright Slough & bird habitat on Wainwright Island material placement site. Wainwright Slough is generally located between Cedar Island and Core Banks and represents the only viable navigational thoroughfare for the Down East fishing industry connecting Core Sound to Pamlico Sound. The project was initially authorized by the River and Harbor Act of August 30, 1935. (see attached narrative for furher information) 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. One hydraulic dredge with accompaning HDPE pipeline (most likely) to excavate approx. 40,000 CY from Wainwright Slough and place the material within the material placement site adjacent to Wainwright Island. Most likely up to 1 or 2 pieces of heavy equipement (bull dozer, front end loader) will be used to grade the material after placement. Additonal service vessels (jon boat, floating barge, tug) will be necessary to assist in manuvering and supporting the construction equipment.The equipment will be stored at the site during the construction process and removed upon completion. Construction is estimated to last a maximum of 60 days. d. List all development activities you propose. Hydraulically dredge Wainwright Slough for navigation maintenance and place the material adjacent to Wainwright Island. Material will be placed in a manner to encourage shorebird use with minimal slopes along the waters edge. The mateiral placement site will maintain a maximum (highest) elevation of+1.5 MLLW as a result of the construction process. e. Are the proposed activities maintenance of an existing project, new work, or both? Maintenance I. What is the approximate total disturbed land area resulting from the proposed project? 17 ❑Sq.Ft or ®Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ®No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. New discharges to waters of the state will only occur during construction as the slurry mixture of sediment and waters are hydraulically placed adjacent to Wainwright Island. No permanent discharge structures are proposed as part of the work. Temporary containment dikes will be constructed to encourage sediment settling based upon past projects and previous authorizations. 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 j. Is there any mitigation proposed? []Yes ❑No ®NA If yes, attach a mitigation proposal. 252-809-2908 :; 1.888-411COAST :: www.nccoastalmanagement.net Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit <Fnrm cnn}in una nn 1.­" 6. Additionallnfonnation In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in orderfbr the application package to be complete. items (a) — (1) are always applicable !o any major development application. Please consult the application instruction booklet on how to property prepare the required items below. a. A project narrative. b. An accuratedated work plat Qnclutling 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. I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such °andownets must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name National Audubon Society Go Mr. Walker Golder Phone No. 910.686.7527 (ot6re) Address 7741 Market Street, Unit D; Wilmington, NC 28411-9444 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, pennittee, and issuing dates. Previous maintenace events were conducted under federal authorizations by i USACE. I 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. (hfust be signed by property owner) k. A statement of compliancewdh the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10). if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Certification and Permission to Enter on Land I understand that any permit issued n response to this application will allow only the development described in the application. 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 certify that the information p•ovided in this applicaton is truthful to the best of my knowledge. Date 12/7/15 Print Name Greg'rudi' Rudolph �� Signature Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ODCM MP-4 Structures Information Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL stabilization Length 2,600 780 Width 75 570 Avg. Existing Depth -4 MLLW NA NA -3 MLLW Final Project Depth -7 MLLW NA NA: +1.5 MLLW 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 40,000 CY 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), 0 CY or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV []SB []WL ®None (ii) Describe the purpose of the excavation in these areas: Navigation Maintenance 2_ DISPOSAL.OF EXCAVATED MATERIAL ❑This section not applicable a. Location of disposal area. b. Dimensions of disposal area. Wainwright Island - Pamlico Sound 10 AC c. (i) Do you claim title to disposal area? d. (i) Will a disposal area be available for future maintenance? []Yes NNo ❑NA []Yes []No NNA (ii) If no, attach a letter granting permission from the owner. (ii) If yes, where? e. (i) Does the disposal area include any coastal wetlands/marsh f. (1) Does the disposal include any area in the water? (CW), submerged aquatic vegetation (SAV), shell bottom (SB), NYes []No ❑NA or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. (ii) If yes, how much water area is affected? ❑CW ❑SAV ❑SB 10 AC OWL NNone (ii) Describe the purpose of disposal in these areas: Material placement from maintenace event. 252-808-2808 :: 1-888-4RCOAST :: www.nccoastafmanagemaent.net revised: 12/25/0£ Form DCM NIP-2 IF.ro.l'I... n,d FBI, Pair. 1 c:? .. 3. SHORELINE STABILIZATION ® This section not applicable (if development is a wood groin, use MP-4 — Structures) a. Type of shoreline stabilization: D. Length: IJoumn@au Umprap L-15reakwatedSill ❑Other. c. Average distance waterward of NHW or NWL: e. Type of stabilization material: g. Number of square feet of fill to be placed below water level. Bulkhead backfill _ Riprap Breakwater/Sill _ Other, I. Source of fill matertal. 4. OTHER FILL ACTIV177ES (Excluding Shoreline Stabilization) a. (1) Will fill material be brought to the site? ®Yes ❑No ❑t If yes, (if) Amount of material to be placed in the water 40,000 CY. (III) Dimensions of fill area 10 A�:r (iv) Purpose of fill Material desposition from channel maintenance. Width: _ d. Maximum distance watenward of NHW or NVVL. f. (i) Has there been shoreline erosion during preceding 12 months? ❑Yes ❑No ❑NA (it) If yes. state amount of erosion and source of erosion amount information. h Type of fill material. ❑This section not applicable b. (i) Will fill material be placed in coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV). shelf bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the numoer of square feet affected. ❑OW _ ❑SAV _ ❑SS _ OWL — ®None (u) Describe the purpose of the fill in these areas: a. How will excavated or NI material be kept On site and erosion b. What type of construction equipment will be used (e.g., dragiine, controlled? backhoe, or hydraulic dredge)? Sand dikes during construction -Length of dikes TSD by contractor. hydraulic dredge. heavy equipment, support vessels. C. (1) Will navigational aids be required as a result of the project? ❑Yes []NO ❑NA (if) If yes. explain what type and how they will be implemented. ATONS will need to be repositioned to mark federal channel as opposed to deep water path. December 6, 2016 Date Wainwright Slough Navigation Maintenance Project Name d. (i) WIII wetlands be crossed in transporting equipment to project site? ❑Yes ®No ❑NA (if) If yes, explain steps that will be taken to avoid or minimize environmental impacts. Carteret County Board of County Commission Go Greg Rudolph Applicant Name Applicant Signature Attachment C — Permit Drawings CARTERET COUNTY WAINWRIGHT SLOUGH NAVIGATION MAINTENANCE PERMIT SKETCHES DECEMBER 07, 2016 EOB�UDi V OUGHATLANTIC OCEAN NOTTO SCALP VICINPI'1 MAP SHEETINDEX SHT I - TITLE PAGE SHT2- CONTROLSHEET SHT 3 - SITE PLAN SHT 4 - EXISTING CONDITIONS SHT 5 - SAV SURVEY AREA SHT 6 THRU 9 WAINWRIGHT SLOUGH CHANNEL PROFILES SHT 10 MATERIAL PLACEMENT SECTION VIEWS FOR PERMITTING ONLY - NOT FOR CONSTRUCTION ®®b®rnoffatt & nlchol St4tlan Easdng (it) N.,&m (it) Survey A4lmuth f) Bow Width(tQ side Slope (H:V) Dredge Vdume Ove,d T,'- Total Cumulat m Val. cY/ft I a cY/R CY cY/R CY CY 10+00 2,835,710.79 461,497.61 IIL" 75ft 3:1 0.0 0 28 323 18 323 323 11+00 2,835,74734 461,590.70 119.13 15 181 3.6 369 5.1 550 872 12+00 2,835,807.26 461,6M.75 126.82 75ft 3:1 2.1 240 3.8 410 5.9 650 1,522 13+00 2,835,867.19 461,750.80 126.82 75 it 3:1 2.7 371 4.4 526 7.1 897 3,419 14+00 2,835,927.12 461,830.85 126.82 75 It 3:1 4.7 GW 6.1 636 10.8 L239 3,658 15M0 2,835,987.05 1 461,91091 126.82 1 75ft 1 3:1 7.3 975 6.6 694 1 139 2.669 5,328 16+00 2,06,046.98 461,990.96 126.82 75ft 3:1 12.2 lw 7.3 770 19.5 2,217 7,545 17+W 2,836,IW.91 463,071.01 126.82 75ft 3:1 16.8 L704 8.1 820 24.9 2,524 10,00 1gM 2,836,166.84 462,151.07 126.82 75ft 3:1 17.3 L750 83 an 25.6 2,579 11648 19+W 2,835,M6.77 462,231.12 12682 75ft 3:1 17.7 2,777 83 832 25.0 2" 15,256 inwo L836,28670 462XL17 126.82 75ft 3:1 17.8 1.755 83 an 262 2,584 17A41 21+W 2,06,346.62 462,392.23 126.02 75ft 3:1 17.3 L581 8.2 811 25.5 2332 20,233 22+00 2,836,406.55 462,471.28 126.82 75 It 3:1 14A 2,413 8.0 795 223 2208 22.440 23400 2,836,466.48 461,551.33 12692 75ft 3:1 13.9 1,319 7.9 762 1 21.8 2,101 24,542 24+W 2,836,526.41 463,631.39 126.82 75 it 3:1 12.5 1,060 7.7 662 20.2 L722 26,264 24+85 2,836,577.72 462,699.92 11168 UA m 79 1t6 203 299 26.563 25+00 2,836,579.85 462,710.15 9155 75ft 3:1 120 1,133 7.6 745 19.6 1378 28AQ 25+00 2,936,59 n 462,813.11 98.0 75ft 3:1 10.7 1,022 7.3 728 18.0 I,750 30,190 27+00 2,836,609.60 462,912.08 98.55 75ft 3:1 9.8 909 7.2 709 17.0 1,618 31,808 28+00 2,836,624A7 463,U3104 9855 75 It 3:1 8A 776 7.0 689 ISA 1,465 33,273 29+00 2,836,639.35 463,110.00 9&55 75ft 3:1 7.1 599 6.8 662 13.9 2,255 34,528 3M00 L836,654.22 463,20896 98.55 75 it 3:1 4.7 363 6.4 646 11.2 L009 3553] 31+00 2,836,669.09 463,307.93 98.55 75 it 3:1 2.5 223 6.5 6" 9.0 866 36.403 32+® 2,836,683.97 463,W6.89 Sam 75ft 3:1 1.9 172 6.4 64S 83 817 37,221 33+00 2,836,69834 463,505.85 9855 75ft 3:1 1S 124 65 650 8.0 "Al 37,995 3H00 2,836,713.71 463,6G431 98.55 75 ft 3:1 1.0 83 6.5 644 7.5 727 34722 35+00 2,836,7I8.58 463,7M.78 9855 75ft 311 0.7 46 6.4 607 7.1 653 - 39375 36+W 2,836,743.46 463,802.74 98.55 75 it 3A 0.2 24 5.7 573 6.0 596 39,971 NOTES: L ELEVATIONS REP. MLLW AS ESTABLISHED BY NOAA BENCHMARK 865 5151 °A TEGAIP 2. HOR ONATAL CONTROL REFERENCES NORTH CAROLINA STATE PLANE NAD 83 FT (SINGLE ZONE). 3.VOLUMES CALCULATED BY AVERAGE END AREA METHOD. WAINWRIGHT ISLAND MATERIAL PLACEMENT` SITE CONTROL TABLE Veftra Eas0n8(ft) NartNng(ft) A 2,935,794.14 463,09935 B 2,835,S2Z78 462,943.53 C 2,835,67806 462,739.67 0 2,835,44259 462,655.69 E 2,935,048.32 462,588.14 F 2,934,946.17 463,17734 G 2,835,34028 463,245.0 H Z835,59028 463,244.0/ FOR PERMITTING ONLY - NOT FOR CONSTRUCTION LCONTRACTOR SHALL BE RESPONSIBLE FOR HYDRAULICALLY DREDGING WAINWRIGHT SLOUGH (STA. 10+00 TO STA. 36+00) AS SHOWN ON PLANS. THE CONTRACTOR SHALL BE RESPONSIBLE FOR CONTROLLING THEIR CU77'ERHIEAD EQUIPMENT SO NO MATERIAL DISTURBANCE OCCURS BELOW THE OVERDREDGE (OD) TOLERANCE ELEVATIONS SHOWN. 2.CONIRACTOR SHALL BE RESPONSIBLE MATERIAL PLACEMENT WITHIN THE SITE BOUNDARIES AS SHOWN. THE CONTRACTOR SHALL ERECT SAND DIKES USING THE DREDGE MATERIAL TO CONTROL THE EFFLUENT TO RUN GENERALLY A33.Y SOUTHWEST DIRECTION FROM SEGMENT A-B TO SEGMENT E-F. 3.TIHE CONTRACTOR SHALL TAKE ALL REASONABLE PRECAUTIONS & ACTIONS TO PREVENT THE EFFLUENT FROM TRAVERSING BACK INTO THE DREDGE AREA. HOWEVER, THE CONTRACTOR SHALL BE PROHIBITED FROM PLACING SANDBAGS OR OTHER PERMANENT OBSTRUCTIONS TO PREVENT THIN EFFLUENT FROM LEAVING THE FILL PLACEMENT SITE. THE CONTRACTOR SHALL BE RESPONSIBLE FOR CONTROLLING THE EFFLUENT AND RESULTING TURBIDITY PLUME SO AS TO REMAIN COMPLIANT WITH WATER QUALITY STANDARDS STIPULATED BY THE PROJECTS'S STATE AND FEDERAL PERMITS. 4.TBE CONTRACTOR SHALL MAINTAIN A MAXIMUM ELEVATION OF THE PLACED (DREDGED) MATERIAL MATCHING THE EXISTING ELEVATION OF WAINWRIGHT ISLAND (APPROX. +1.5 MLLW). 5.PRIOR TO PROJECT COMPLETION AND DEMOBILIZATION THE CONTRACTOR SHALL SMOOTH GRADE ALL MATERIAL ABOVE MLLW TO DISCOURAGE WATER PONDING. THE EDGES OF FILL SHALL BE SLOPED AT A MAX. (STEEPEST) ANGLE OF IH:lOV (FEET) TO HELP ENCOURAGE SHOREBIRD USAGE. CARTERET COUNTY WAINWRIGHT SLOUGH NAVIGATION MAINTENANCE ,,,,moffatt & nlchol PG: 2 OF 10 CONTROL SHEET FOR PERMITTING ONLY - NOT FOR CONSTRUCTION 1 FAMUM 9OtM r� EXISTING WAINWRIGHT ISLAND EXTENTS OF MATERIAL PLACEMENT SITE (_10 ACRES) r XPPROX. TOP OF MATERIAL PLACEMENT SITE f 1'6ACRES) { \„ WAINWRIGHT SLOUGH NAVIGATION CHANNEL RANGES (STA 24-75 - 36+W) NJ I® K. MAXIMUM' �i. EXTENTS OF DREDGING I= 7 ACRES) YDIKING '!I f---E Pf. E 4) EFFLUENTPIPE LOCATION I' l A''r i l r � ' J IE IDENTIFIED FOR 2fNH> F M:11if['ENANCE EVENT AC'l1%1 r1 ALLOWED, a. J \ MATERIAL PLACEMENT PRUJI: (2016 CONDITIONS ARE NON -EMERGENT ) WAINWRIGHT SLOUGH NAVIGATION CHANNEL RANGE2A (STA I I-00-24=75) WAINWRIGHT SLOUGH NAVIGATION CHANNEL RANGE2 (STA 10-00. 11,(n), ) KiLwo:I; EXTENTS OF MATERIAL PLACEMENT SITE _ • (�IOACRES) SAV SAMPLE SITE 1 TYP.) FOR PERMITTING ONLY - NOT FOR CONSTRUCTION it EXISTING WAINWRIGHT ISLAND SAV AREA (<I%COVER) � 1\i R �0 C D E WAINWRIGHT SLOUGH NAVIGATION CHANNEL RANGE3 (STA 24-75 - 36«W) • 'k= .1 l Ala: WAINWRIGHT SLOUGH NAVIGATION CHANNEL RANGE 2A •� r.P �, (STA 11-00-24-75) - MAXIMUM �EMY EXTENTS OF DREDGING (- 7 ACRES) WAINWRIGHT SLOUGH NAVIGATION CHANNEL RANGE2 (STA 10-00- 11-lelr 1 - ___--- STATION 10+00 to a 0 z 0 w -10 w -20 F-L -1+00 10 0+00 1+00 RANGE (FT) STATION 14+00 10 F NAVD (0.1 FT) ,aj 0 z 0 W .10 w -20 -1+00 10 NAVD (0.1 FI) j 0 0 -10 w a w .20 -20 STATION 12+00 rr✓rir� 0+00 1+00 RANGE (FT) STATION 16+00 %.coo✓ ririris�.� :s NAVD (0.1 FI) NAVD (0.1 M -1+00 0+00 1+00 -1+00 0+00 1+00 RANGE (FT) RANGE (FT) LEGEND FOR PERMITTING ONLY - NOT FOR CONSTRUCTION --------- EXISTING GROUND (NOV. 2016) PROPOSED DESIGN TEMPLATE TIDAL RANGE MXW) PROPOSED OVERDREDGE TEMPLATE MHW = 038 FT o s' is ® PROPOSED DREDGE AREA MTL = 020 FT NAVD88 = 0.10 FT VERTICAL SCALE: IIIP CARTERET COUNTY MLW = 0.01 FT WAINWRIGHT SLOUGH HORIZONTAL SCALE: 111W NAVIGATION MAINTENANCE ,", PG. 6OF 10 STA 10+00 TO 16+00 moffatt & nlchol DRAWING DATE: DEC. 07 2106 1 STATION 18+00 STATION 20+00 I 3 10 -20 11 -1+00 10 0+00 RANGE (FT) STATION 22+00 1+00 fflffl�m I to NAVD(0.1 FI) j 0 9 O d > -to w a w -20 -1+00 0+00 RANGE (FT) STATION 24+00 10 3 NAVD(0.1 P>7 j 0 0 d > -10 W W -20 1 1 1 1 1 I_ I I I_ '- 'T 1 1 t.1 I I I I .20 NAVD (0.1 FI) 1+00 NAVD(O.IFO -1+00 0+00 1+00 -1+00 0+00 1+00 RANGE (FT) RANGE (FT) LEGEND FOR PERMITTING ONLY - NOT FOR CONSTRUCTION --------- E)GSTING GROUND (NOV. 2016) PROPOSED DESIGN TEMPLATE TIDAL RANGE (IoII..LW) PROPOSED OVERDREDGE TEMPLATE M nV = 0.38 Fr o• 1. m ® PROPOSED DREDGE AREA MIT, = 0.20 FF NAVD88 = 0.10 FT VERTICAL SCALE: 1"=1a CARTERET COUNTY MLW = 0.01 FP WAINWRIGHT SLOUGH HORIZONTAL SCALE:I"-lW NAVIGATION MAINTENANCE mOffatt & n1chal PG. 7 OF 10 STA 18+00 TO 24+00 DRAWING DATE: DEC. 07 2106 STATION 26+00 STATION 28+00 10 a 0 3 .20 µ -1+00 10 0+00 1+00 STATION 30+00 10 I NAVD (0.I Fi') D V z W .10 w I .20 10 -20iT 1 1 11"i -20 i111111m®®I ■■■■■■■� ■■■■■■■ a=azrT!T", m �■riirrri ririii ■ i -1+00 0+00 1+00 RANGE (FI) STATION 32+00 !M-== I NAVD(6.I F1) I NAVD (0.1 M -1+00 0+00 1+00 -1+00 0+00 1+00 RANGE (FT) RANGE RT) LEGEND FOR PERMITTING ONLY - NOT FOR CONSTRUCTION --------- EXISTING GROUND (NOV. 2016) PROPOSED DESIGN TEMPLATE TIDAL RANGE MLW) PROPOSED OVERDREDGE TEMPLATE NGM = 0.38 Ff a r 1v ® PROPOSED DREDGE AREA MTL = 010 FC NAVD88 = 0.10 Fr VERTICAL SCALE:1=1a CARTERET COUNTY MLW = 0.01 FC "® WAINWRIGHT SLOUGH HORIZONTAL SCALE: 111W NAVIGATION MAINTENANCE ,", PG. 8 OF 10 STA 26+00 TO 32+00 moffatt & nichol DRAWING DATE: DEC. 07 2106 STATION 34+00 STATION 36+00 10 10 0 NAVD (0.1 FT) j Q NAVD (0.1 FI) Q7777, I LilaQ W -10 0=444t- -10 W w a ' w -20 -20 - - -1+00 0+00 1+00 -1+00 0+00 1+00 RANGE (FT) RANGE (FT) FOR PERMITTING ONLY - NOT FOR CONSTRUCTION LEGEND --------- EXISTING GROUND (NOV. 2016) PROPOSED DESIGN TEMPLATE TIDAL RANGE (PaLW) — PROPOSED OVERDREDGE TEMPLATE MGM = 0.38 FT a r ® PROPOSED DREDGE AREA MTL = 0.20 FI NAVD88 = 0.10 FT VERTICAL SCALE: 1" 10' CARTERET COUNTY MLW = 0.01 FT " 1 WAINWRIGHT SLOUGH HORIZONTAL SCALE: 1IIW NAVIGATTONSTA34+ MAINT0TO36 s Oe IU STA 34+00 TO 36+00 00 ,/„moffatt & nlchol DR DRAWEVG DATE: DEC. 07 2106 Attachment D — Project Narrative and Environmental Summary ATTACHMENT D WAINWRIGHT ISLAND NAVIGATION MAINTENANCE PROJECT NARRATIVE PROJECT DESCRIPTION Carteret County intends to dredge approximately 40,000 cubic yards (CY) of material from the federally authorized channel of Wainwright Slough, Ranges 2, 2A and 3. Wainwrigth Slough lies near Cedar Island in south Pamlico Sound near the Cape Lookout National Seashore (Figure 1). The project will restore navigation depths to the federally authorized channel for recreational boating and commercial fishing vessels. The channel will be dredged to -7 MLLW with an additional 2 feet proposed as an overdepth tolerance. This will result in a maximum depth of disturbance down to -9 MLLW. The project will maintain compliance with the federally authorized dimensions for the channel and previous maintenance events conducted by the USACE Wilmington District (see permit forms, Attachment B and permit sketches, Attachment C). The dredge sediment will be used to help create nesting and foraging bird habitat by open placement of the material adjacent to Wainwright Island. Sediment placement will occur over a maximum footprint of 10 acres up to an elevation of+1.5 MLLW. This elevation marks the approximate highest elevation of the existing Wainwright Island. The slopes and grades of the material placement site will be constructed to encourage nesting and foraging bird activities to the extent reasonable. The maximum (steepest) slope along the edge of the material placement site will be constructed at 20H:1V (feet) down to MLLW. In addtion, the top or surface of the site will be smooth graded to discourage water ponding or entrapment. SITE LOCATION & PROJECT HISTORY Wainwright Slough is generally located between Cedar Island and Core Banks and represents the only viable navigational thoroughfare for the Down East fishing industry connecting Core Sound to Pamlico Sound (Figure 1). The project was initially authorized by the River and Harbor Act of August 30, 1935, yet there is no documentation with respect to where the dredged material was disposed. Fifteen maintenance dredging events were conducted along various reaches of the channel by the U.S. Army Corps of Engineers (Corps) through 1968, and on an as -needed basis since (see Table 1 below). au8ust ai, asap = rrplea autnonzep m menwer and nazom act. — ... ..��1935-1968=Fifteen maintenance events (no details regarding disposal). _ 3968-1976 ='As needed' maintenance, but no documentation. 4 1976= EIS prepared, codifies Wainwright Island as disposal area. 1976-1986= No documentation. 1986=Maintenance event. ----- -_ ---_ 1991=Maintenance event 1994- Maintenance using the U.S. Corps hopper, the Currituck (disposal?). - 1995=New FAtrONSI regarding Wainwright Island (emphasis on creating upland bird habitat). 1997= Maintenance event. _--- - - - 2006 =Maintenance evera funded br hurdmne supplemental bill (145,000 cubic yards)f 3013 = Maintenance event funded by hurricane supplemental bill (submersible pump). Table 1: Wainwright Slough Historical Actions (courtesy of Carteret County) Wainwright Slough Project Narrative Page 2 of In August 1976 disposal issues were formally addressed in a Final Environmental Impact Statement (EIS) entitled, "Maintenance of the Waterway Connecting Pamlico Sound and Beaufort Harbor, North Carolina", which codified the disposal along the toe -of -the -bank on the east side of Wainwright Island. Documentation of dredging(disposal events that were conducted in the 1970s through the early 1990s are almost absent from the record, yet there is reference to a 1986 and 1991 maintenance event (assumingly pipeline dredge with "upland" disposal along Wainwright Island) and emergency dredging by the Corps' special use (hopper) dredge the Currituck in 1994. Again there is no documentation with respect to disposal activities for the 1994 event. The disposal method along Wainwright Island was modified in a June/August 1995 Environmental Assessment/Finding of No Significant Impact (EA/FONSI) requiring the dredged shoal material to be placed above mean high water. The dredging slung was proposed to be controlled by constructing sand dikes that were leveled upon completion of each event, thereby creating unvegetated sandy habitat. No maintenance dredging was conducted from 1997 until the mid-2000s when extensive shoaling of the channel and erosion of Wainwright Island occurred in the wake of hurricanes Isabel (2003) and Ophelia (2005). Supplemental appropriations to the Corps provided the ability to conduct a large maintenance event (-145,000 cubic yards) including rehabilitation of Wainwright Island. The Corps' Consistency Position for this event referenced an existing series of sandbags located along the eastern periphery of Wainwright .Island. Assumingly the sand bag wall was utilized for containing the dredging effluent in 1997 but there is no reference to this effect in the 1995 EA/FONSI. Remnant sand bags are still visible today. The last dredging event occurred in 2013 via another supplemental federal appropriation (Hurricane Sandy) whereby the Corps utilized a submersible pump affixed to their special-purpose vessel, the Snell. The total excavation volume for this event is unknown. Wainwright Slough Project Narrative Page 3 of 8 Figure I: Project Location Map PURPOSE & NEED The USACE Wilmington District has previously maintained Wainwright Slough for navigation purposes in accordance with Section 14 of the Rivers and Harbors Act of 1899. The most recent maintenance events conducted by the USACE where sediment was hydraulically dredged from Wainwright Slough and placed in an adjacent material management site occurred in 2013, 2007, & 1997. However, due to a shortfall in government funding the USACE remains unable to provide maintenance operations for the current conditions. The channel has become nearly impassable for vessel navigation with depths measured as shallow as -4 MLLW or less during a June 2016 survey conducted by the Wilmington District (Figure 2). Wainwright Slough Project 1Varrative Page 4 of 8 j rtgure -,: U,)ACC June 2016 Hydrographic Survey of Wainwright Slough In lieu of the budget shor.falls for the federal government and the USACE, Carteret County intends to maintenance dredge the federal navigation channel known as Wainwright Slough. This action will help alleviate the burden created by the current shoaling for the local commercial fishing industry and help promote recreational navigation in the area. Under the current conditions the commercial fishing industry will be unable to access fish house landings within Carteret County during the peak 2017 fishing season. This scenario creates a potentially devastating economic impact for the local fishing industry. The County has been unaware of the immediate need to obtain independent state and federal permits for the maintenance work due to the USACE's long standing commitment to maintaining Wainwright Slough. Once the County became .aware of the situation and need, the County began the process to obtain the necessary authorizations. Early discussions were held with the USACE to conduct emergency dredging with its shallow draft fleet under its permit authorization.. This emergency dredging request was not granted per a June 22, 2016 Corps correspondence citing operational limitations associated with their side -cast dredge (the Merritt) and tangential disposal issues. Consequently, the County is pursuing a Major CAMA Permit along with other State and federal authorizations to perform a dredging maintenance event consistent with the regulatory mechanisms in place as described above AND in the most expeditious manner as possible. After completion of this maintenance work, the County intends to develop a long-term maintenance strategy for Wainwright Slough. However, the current project remains limited due to the timing constraints necessary to complete the work prior to the 2017 peak fishing season. As stated previously, Wainwright Slough has been dredged more than 22 times since initial authorization in 1935 - not counting undocumented "as needed" maintenance events. An Environmental Impact Statement was prepared in 1976 which codified Wainwright Island as a disposal site. Subsequently, an Environmental Assessment/Finding of No Significant Impact (EA/FONSI) was prepared by the USACE in Wainwright Slough Project Narrative Page 5 of 8 1995 (see Attachment E) focused on the positive impacts of creating upland bird habitat associated with a maintenance action to dredge 30,000 yd3 from Wainwright Slough and placement of dredge material on or near Wainwright Island. A 404(b)(1) analysis was also performed by the USACE as part of the environmental documentation process and the 1995 project — very similar to the current proposed action — was found to be in compliance with the Guidelines; this analysis determined that the discharge [of dredge material] represented the least environmentally damaging practicable alternative. A request for Consistency Concurrence was submitted to the NC Division of Coastal Management (NCDCM) by the USACE for maintenance dredging (145,000 yd') of Wainwright Slough and re- establishment of Wainwright Island in 2006 (see Attachment F). NCDCM determined this action to be consistent with the State's coastal management program and consistent with the 1995 EA/FONSI previously prepared by USACE (September 2, 2006; CD06-042). While these actions are somewhat dated, it is clear that a consistent pattern of environmental compliance has occurred for dredging of Wainwright Slough and deposition of dredge material on or near Wainwright Island. The current requested action is very similar in nature to previous requests. Actions will be taken to avoid and minimize adverse environmental impacts while contributing to creation of colonial waterbird habitat on Wainwright Island. CONSTRUCTION PROCESS The work will be conducted through the use of a hydraulic dredge and pipeline system. Approximately 40,000 CY will be dredged from Wainwright Slough and placed adjacent to Wainwright Island in a material placement site. The work will be conducted on a 24-hour a day schedule with completion expected prior to April 1, 2017. The material placement site will be constructed to discourage sediment from flowing back into the navigation channel. The contractor will be required to erect temporary sand dikes along the flow way of the placement site to help direct the dredge slurry away from the navigation channel and to encourage sediment settling. Based upon the grab samples and observations completed during the SAV survey fine to medium grain size sand is expected for the dredged material. The dikes will be constructed from the initial dredge material in order to reduce disturbance of the placement area. The dikes will be extended'and maintained in a fashion to help limit the turbidity plume leaving the work area. At the completion of the dredging activities, the temporary dikes will be smooth graded consistent with the remainder of placed material. The emergent boundary of the material placement site will be sloped to below MLLW on a 20H:1 V (ft) grade in order to promote shorebird usage. AVOIDANCE & MININIIZATION EFFORTS A number of measures will be implemented to avoid and minimize potential adverse impacts. The dredging footprint will follow the existing channel limits eliminating the need for new bottom disturbance. Hydraulic dredging will be employed in an effort to reduce siltation and turbidity that is often associated with other dredging methods (such as clamshell dredging). The use of temporary sand dikes will encourage sediment settling, reduce disturbances within the placement area and limit the turbidity plume. Other best management practices include avoidance of areas denoted in past permits as areas of concern as well as avoidance of critical habitat areas such as SAV with large areas shown on the plans when the field investigations showed minimal relic stalks of SAV with less than 1% coverage (see Attachment C — Permit Drawings and Attachment H — SAV Report for more information). Wainwright Slough Project t1'arrative Page 6 of 8 The work is not expected to impact the existing emergent wetland portion of Wainwright Island (Figure 3). This includes an area less than 500 ftZ in size covered predominately by Spartina grasses. No pipelines or equipment will be allowed to traverse over the emergent grassesor impact known SAV populations. . . ••{^ nr 1'�; Y. ] it Figure 3: September 2016 Conditions of Wainwright Island ALTERNATIVES No Build —This alternative assumes that no maintenance dredging will be conducted or that future dredging will be subject to schedule: and funding by USACE. The result would be that navigational constraints will remain, the local down east fishing economy would be severely impacted (loss of only connection of Core Sound to Pamlico), and that the channel will remain nearly impassable for maritime traffic. This alternative fails to meet the project purpose and need. Dredge in Deeper Water - The County discussed an alternative withthe USACE on the potential to maintain the deep water path, as shown in Figure 2, in a similar capacity as some previous federal maintenance projects. By moving to deeper water, less dredging would be needed, and time and money could be saved. However„ the USACE Office of Counsel determined the position of Wainwright Slough fell in a fixed location. Therefore, work outside of the fixed location would be considered new work and the establishment of a new channel for a non-federal interest. The USACE previous maintenance events within the deep water path were authorized under Engineer Regulation (ER) 1165-119, paragraph 9. This regulation allows the USACE to shift the locations of federal channels in attempts to reduce maintenance costs. Unfortunately, this provision does not correspond with non-federal maintenance operations within a federal waterway. Because of regulatory constraints, this alternative is not being considered. Dredge Existing Marked Channel (Preferred: Alternative) —This alternative proposes to dredge within the existing channel as marked and designated. by USACE. The proposed maintenance operations will restore navigation access to the federal channel pathway. This alternative meets project purpose and need and can be accomplished without significant regulatory delays. Wainwright Slough Project Narrative Page 7 of 8 ENVIRONMENTAL CONSEQUENCES Wainwright Island is a small dredge spoil island that is constantly subject to wave action and erosion. The island is inundated much of the time with only a small portion of land (less 46 square meters [500 square feet]) currently remaining above the water. The small remnant island is dominated by Spartina alternii lora. The island is used by a variety of colonial waterbird species (although no specific species were noted during recent sampling) and is owned and managed by the National Audubon Society (letter of support for the project by the Society, Attachment G). The 1995 Environmental Assessment performed by USACE for similar dredging activities discussed beneficial use of dredge material which is relevant to the current action (see Attachment E). The preferred disposal alternative (creating habitat adjacent to Wainwright Island) would: 1) provide for satisfactory disposal of maintenance dredging material; 2) stabilize the existing upland limits of the island; 3) enhance or create habitat for colonial waterbird species such as royal tems and sandwich tems, snowy egrets, tri- colored herons, and glossy ibis; and 4) existing habitat would be preserved and expanded for breeding brown pelicans, herring gulls and great black -backed gulls, and wading birds such as black -crowned night herons, great egrets, and little blue herons. An SAV survey was conducted on September 21, 2016 and identified no SAV populations within the project area. The September survey found only sparse or relic stalks of shoal grass (H. wrightii) present at five locations at less than 1% coverage. No existing populations of SAV will be impacted by project activities (see Attachment H). Pamlico Sound is one of the largest estuaries in the United States. Offshore waters support a diverse recreational and commercial fishery, with species such as red drum, speckled trout, blue crab, oysters, and other shellfish often found in abundance. An Essential Fish Habitat (EFH) assessment has been performed for this project. Although the proposed project would likely result in some short-term, localized and temporary adverse effects to EFH and managed species, construction measures and best practices will keep these impacts to a minimum, as well as reduce the possibility of any permanent, long-term impacts. While reducing available sandy benthic habitat within the project area, project actions will also create over 10 acres of emergent estuarine wetland (a designated EFH within the project area) in an area where benthic habitat has been impacted by exposure to waves. A re-established Wainwright Island would also provide valuable new nesting and foraging habitat for coastal birds — as noted above. The Preferred Alternative could result in increased long-term SAV colonization and general benthic habitat improvements adjacent to the re-established island (see Attachment I). PROTECTED SPECIES ASSESSMENT A review of federally protected species has been conducted. Results indicate that the proposed project will have no effect on threatened or endangered species (see Attachment 1). WETLANDS Dredging will be conducted on submerged lands in Pamlico Sound not considered jurisdictional wetland. The remains of Wainwright Island above water levels support estuarine wetland dominated by Spartina grass (less than 500 ftZ). These areas will be disturbed or impacted by proposed actions; dredge material Wainwright Slough Project Prarrative Page 8 of 8 will be placed to the east of the island and is intended to increase the island footprint and potentially create additional estuarine wetland. No wetland impacts are anticipated. CULTURAL AND HISTORIC RESOURCES The State Historic Preservation Office (SHPO) has reviewed the project and indicated they are unaware of any historic resources which could be affected by the project. Therefore, SHPO has no further comment on the project as proposed (see November 30, 2016 SHPO letter — Attachment K). Attachment E —1995 EA/FONSI US Army. Corps of Engineers WILMINGTON DISTRICT SOUTH ATLANTIC DIVISION ENVIRONMENTAL ASSESSMENT MAINTENANCE DREDGING WAINWRIGHT SLOUGH WATERWAY CONNECTING PAMLICO SOUND AND BEAUFORT HARBOR CARTERET COUNTY, NORTH-CAROLINA JUNE 1995 ENVIRONMENTAL. ASSESSMENT MAINTENANCE DREDGING WAIWVRIGHT SLOUGH WATERWAY CONNECTING PAMLICO SOUND AND BEAUFORT HARBOR CARTERET COUNTY, NORTH CAROLINA JUNE '1995 Table of Contents Items Pane No. 1.00 PROJECT DESCRIPTION ......................................... 1 2.00 PROJECT AUTHORIZATION AND HISTORY ......................... 1 3.00 INCORPORATION BY REFERENCE ................................ 2 4.00 PURPOSE AND NEED .................................. . ........ 2 - 4.01 Current Disposal Method . . .............................. . ... 2 4.02 Alternative Disposal Methods Investigated ....................... 2 4.03 Preferred Disposal Method ................................... 3 5.00 ALTERNATIVES TO THE PROPOSED 'PROJECT ...................... 3 5.01 Dredging and/or Disposal Alternatives .......................... 3 5.01.1 Clamshell or Bui;ket and Barge Dredge .................. 3 5.01.2 ;Hopper Dredging ...... . ............................. 3 5.01.3 Upland Diked Disposal ................................ 3 5.02 No -Action Alternative ........ ........ :...................... 4 6.00 ENVIRONMENTAL EFFECTS ................................ . ..... 4 6.01 Water Quality ............................................. 4 6.02 Estuarine: Resources ....................................... 5 6.03 Terrestrial Resources ....................................... 6 6.04 BeneficisilUse............................................. 7 6.05 Threatened and Endangered Species .......................... 8 6.06 Archaeological/Historical Resources ........................... 9 6.07 Recreation and Aesthetic Resources .......................... 10 6.08 Development ............................................. 10 6.09 Executive; Order 11988, Flood Plain Management ................ 10 6.10 Executive Order 11990, Protection of Wetlands .................. 11 6.11 Air Quality ............................................... 11 7.00 RELATIONSHIP TO LAND USE PLANS ............................. 11 i ENVIRONMENTAL ASSESSMENT MAINTENANCE DREDGING WAINWRIGHT SLOUGH WATERWAY CONNECTING PAMLICO SOUND AND BEAUFORT HARBOR CARTERET COUNTY, NORTH CAROLINA JUNE 1995 Table of Contents (cont'd) Items Page No. 8.00 RELATIONSHIP TO NORTH CAROLINA COASTAL AREA MANAGEMENT PROGRAM................ .................................. 12 9.00 PUBLIC AND AGENCY INVOLVEMENT ............................. 12 9.01 Scoping................................................. 12 9.02 Fish and Wildlife Coordination ............................... 12 9.03 Other Agencies and Organizations ............................ 13 10.00 LIST OF RECIPIENTS .......................................... 14 11.00 POINT OF CONTACT .......................................... 16 12.00 REFERENCES ..................................... . ......... 17 Figures (Follows Page No. 17) Figure 1: Waterway Connecting Pamlico Sound & Beaufort Harbor, North Carolina. Figure 2: Wainwright Island -Sites A, B, C, and D Location Map. Attachments Attachment A: Section 404(B)(1) (Public Law 95-217) Evaluation. Attachment B: Onsite Scoping Meeting - List of Attendees. Attachment C: Responses to the March 27, 1995, Scoping Letter. ii ENVIRONMENTAL ASSESSMENT MAINTENANCE DREDGING WAINWRIGHT SLOUGH WATERWAY CONNECTING PAMLICO SOUND AND BEAUFORT HARBOR CARTERET COUNTY, NORTH CAROLINA JUNE 1995 1.00 PROJECT DESCRIPTION The project involves changing the method of dredge disposal for the continued as -needed maintenance dredging in the Waterway Connecting Pamlico Sound and Beaufort Harbor at Wainwright Slough (see section 4.00). The site is located approximately 5 miles northeast of the Cedar Island Ferry Landing in Carteret County, North Carolina (see Figure 1). The channel is dredged approximately once every three to four years. Historically, dredged material hi -.is been placed at the toe -of -the -bank on the channel (east) side of Wainwright Island (see Site A, Figure 2). Due to the location of this disposal area, the dredged material has quickly returned to the channel. To correct this situation, the material would be d;ischarged in upland areas (see Figure 2, site D) and directed overland to the non -channel (west) side of the island. The maintenance dredging will remove materials lying above the plane of 9 feet below mean low water (m.l.w.) (-7 feel: m.l.w. plus 2 feet of allowable overdepth) within the designated limits of the channel. Approximately 30,000 cubicyards of material consisting of fine-to-rnediurn grained ;sand may be removed from the channel by a hydraulic pipeline dredge. The work will be accomplished in late fall -early winter of each year as needed and completed prior to the April 1 onset of the colonial waterbird nesting season. 2.00 PROJECT AU1.HORIZATION AND HISTORY The project was authorized by the River and Harbor Act of August 30, 1935. The channel was originally dredged in 1935. Fifteen maintenance dredgings occurred in various portions of the channel through 1968; since that time the channel has been maintained on an as -needed basis. The last maintenance dredging was completed in late 1991. Emergency dredging by the special purpose dredge CURRITUCK was completed in early 1994. 3.00 INCORPORATION BY REFERENCE Environmental issues and concerns associated with maintenance dredging of Wainwright Slough and the discharge of dredged material on or around Wainwright Island are addressed in the Final Environmental Statement. Maintenance of the Waterway Connecting Pamlico Sound and Beaufort Harbor North Carolina, dated August 1976 and are being incorporated into this environmental assessment (EA) by reference. 4.00 PURPOSE AND NEED The purpose of the project is maintenance of the AIWW channel in Wainwright Slough to ensure navigation safety for commercial and sports fishermen and recreational boaters. Ongoing maintenance of this project will result in positive economic impact in the form of continued opportunities for waterborne commerce in the Carteret County area. 4.01 Current Disposal Method At the present time, dredged material is placed within a sandbagged area at the toe -of -the -bank on the channel side of Wainwright Island. Due to the inadequate size and the location of the existing disposal area, much of the dredged material flows back into the channel area north of the island. 4.02 Alternative Disposal Methods Investigated To address the problems associated with the .current disposal method, the following disposal options have been investigated: a. Alternative 1 - Control of Effluent. The material would be placed in upland areas of the island and directed overland to the open water on the non -channel (west) side of the island (see Figure 2, Site D). The discharge would be guided to avoid areas containing submerged aquatic vegetation (SAV). b. Alternative 2 - Sandbagged Retention Area. Sandbags would be placed along the shoal line to confine 4 to 5 acres of open water on the non -channel side of the island (see Figure 2, Site B). The discharge would be pumped into this confined area. c. Alternative 3 - Unconfined Toe -of -the -Bank. Dredged material would be pumped to the toe -of -the -bank on the non -channel (west) side of the island (see Figure 2, Site C). 4.03 Preferred Disposal Method The preferred method of disposal is by control of effluent (Alternative 1) at Site D. This method has the least damaging environmental impacts of the considered alternatives and is the most cost effective and efficient method of material disposal for the maintenance dredging of Wainw� ight Slough. The discharge will be guided to elevate desired portions of the island. A low sand berm will be constructed above the mean high water (m.h.w.) line on the wester shoreline to contain the effluent and allow solids (sand) to settle and renourish and elevate the island. The berm will be reconstructed as necessary as the area behind it is elevated by the disposal material. It is anticipated that most of the effluent flowing over the berm into Core Sound will consist primarily of discharge water (:;ontaining a minimal amount of suspended solids. Any solid material passing over the berm should not significantly impact existing aquatic resources. Upon completion of the work, the retention berm will be graded to achieve desired shoreline and upland elevations. 5.00 ALTERNATIVES TO THE: PROPOSED PROJECT 5.01 DredginrI and/or Disposal Alternatives 5.01.1 Clarnshell or Bucket and Barge Dredge Use of a clamshell or bucket and barge dredge with disposal on Wainwright Island would involve double handling of dredge disposal material. Compared to hydraulic pipeline dredging, these methods are less productive and not cost or time efficient for the proposed activity. Additionally, they would not provide for the beneficial uses of the dredged material. 5.01.2 1-110pper Dredginoi Emergency maintenance of Wainwright Slough was conducted in 1994 to remove a shoal in the channel near Wainwright Island. This method involved use of the special purpose dredge CURRITUCK with open water disposal. Open water disposal of dredged material is used only in emergency dredging situations. 5.01.3 UI)Iand Diked Disposal Construction of an upland dike on Wainwright Island would not provide the habitat variety essential to the various colonial waterbird species that now or could utilize the island for nesting and breeding. The: National Audubon Society opposes this disposal retention method. 5.02 No -Action Alternative As stated in section 4.01, the current disposal area adjacent the channel is not well located and is inadequate in size. Dredged material pumped into this site quickly returns to the channel. This results in more frequent maintenance dredging operations. There are no feasible alternative upland disposal sites in the area. Benefits to colonial waterbirds utilizing the island (see section 6.04) would not be realized with the no - action alternative. 6.00 ENVIRONMENTAL EFFECTS 6.01 Water Quality The North Carolina Division of Environmental Management (NCDEM) has designated the waters surrounding Wainwright Island as SA/NSW/ORW waters. SA waters are suitable for commercial shellfishing and all other tidal salt water uses including primary and secondary recreation, and fish propagation. Nutrient sensitive waters (NSW) require limitations on nutrient inputs. Outstanding Resource Waters (ORW) are unique and special waters of exceptional state or national recreation or ecological significance which require special protection to maintain existing uses. NCDEM will concurrently review this EA and the Corps' request for a section 401 (P.L. 95-217) water quality certificate to authorize the work that may impact water quality under the proposed action. Also, the section 404(b)(1) evaluation for the discharge of dredged material is included in Attachment A. Turbidity associated with dredging and.disposal.will be at a low.level, short term in duration, and end following dredging due to the low silt content in the coarse -to - medium grain sand removed from the bottom. The dredged sediments are not anticipated to be contaminated with toxic substances, since the site is well removed from any known sources of pollution. Visual inspection revealed no indication that the island is or has been a disposal area for hazardous or toxic waste materials. Salinity in the vicinity of the project averages 30 parts per thousand (ppt) and seldom drops below 20 ppt within Core Sound. No significant change in salinity is expected to occur in the surrounding waters of Wainwright Island as a result of the proposed action. No significant adverse impacts are expected to occur to water quality or to ground water resources as a result of the proposed activity. 4 6.02 Estuarinie Resources The principal users of the waterway connecting Pamlico Sound and Beaufort Harbor are commercial fishermen and recreational boaters. Commercial usage primarily consists of transporting fresh fish, shellfish, and menhaden for market (Corps of Engineers, 1994). General estuarine habitats in the project area include sounds, inlets, bays, and tributary marsh creeks. The 1988 map entitled "NOAA -Coastal Ocean Program Submerged Aquatic Vegetation Study" (National Marine Fisheries Service (NMFS), 1991) published by the NMFS Beaufort Laboratory indicates that submerged aquatic vegetation (SAV) habitat may be present on both sides of the waterway in the Wainwright Island area and throughout Core Sound in general. Eelgrass Zostera marina), shoalgrass !-lalodule wrlohtfi), and widgeon grass (Ruppia maritima) occur throughout Core Sound. Dredge and fill operations can remove or bury SAV and make bottoms unsuitable for SAV habitat. Dredging may result in depth, turbidity, current, or salinity changes detrimental to SAV; however, the channel area to be dredged is not mapped as containing SAV resources. It is anticipated that the effluent discharge may affect SAVs and/or their shallow water habitat off the western shoreline of the island. Construction of the shoreline sand berm to control the effluent will minimize the amount of suspended solids entering the open water. It is anticipated that most residual suspended solids will settle in the area between the retention berm and any SAV. The presence of SAVs (eelgrass and widgeon grass) in non -channel sites around the island was verified by the NMFS on May 3, 1995. They advise that eelgrass can tolerate 25 percent burial of plant height for short periods without increasing mortality or reducing productivity. The location and extent of SAV;; will be determined using pre -project interpretation of June 1995 aerial photography. During that month, a base line sub - meter accuracy SAV map will be compiled using Geographic Positioning System (GPS) technology. A seagrass boundary will be staked parallel to the island's western shoreline (near Site C:, Figure 2). This boundary will be included on the work site plan. After disposal operations are complete, a seagrass inventory and impact assessment will be conducted by the NMFS. This information will be compared with the pre -project data. If it is determined that SAV resources have been adversely impacted, compensatory mitigation will be provided in accordance with the recommendations of the NMFS. 5 The nearest oyster or clam leases are on the mainland side of Core Banks near the town of Atlantic and will not be impacted by the project. Public oyster resources are not located within the immediate project area but are abundant in other areas of Core Sound. Oysters will not be adversely impacted by the project. Core Sound is open to the mechanical harvest of clams except in SAV habitat areas and within oyster and clam leases. However, the mechanical clam harvest line stops just south of Wainwright Island. Hard clams (Mercenaria mercenaria) may be taken by hand in shallow water not subject to shifting sand due to tidal flows. NCDMF advised that clam density is not expected to be significant in the vicinity of Site B (see Figure 2); they did not express concern for project impacts to clams. The NCDMF advised that bay scallops may be present on the southwest side of the island. Due to their mobility, it is not anticipated that the scallop resource will be adversely impacted by turbidities or sediments generated along the shoreline by the effluent discharge. Core Sound also provides habitat for an abundance of other estuarine and marine organisms. Blue crabs, shrimp, and finfish are taken by commercial and recreational fishermen from this estuary. Larval fish and shrimp migrate to and from primary nursery areas throughout the Sound. The nearest primary nursery area is Cedar Island Bay located to the southeast of Wainwright Island; this nursery area will not be impacted by the project. However, to protect migrating larvae and other sensitive aquatic fauna during periods of high biological activity, dredging activities will be limited to the period between October 1 and March 31. 6.03 Terrestrial Resources Terrestrial resources on Wainwright Island on the highest elevations include mixed shrub thickets, sparsely vegetated areas, and unvegetated areas comprised of sand and shells. The shoreline fringe areas contain sparse or no vegetation to the marsh or high tide line. There are no areas on the island that would be classified as maritime forest habitat. Because it is isolated from the mainland and the Outer Banks, no predators are found on Wainwright Island, a factor critical to the survival of colonial waterbird species. Breeding and nesting activities occur from April 1 through August 31 of each year. Dredging and disposal activities will be limited to the period from October 1 through March 31 to protect the colonial waterbirds and their habitat during the breeding and nesting season. 6.04 Beneficial Use The preferred disposal alternative would: (1) Provide for satisfactory disposal of maintenance dredging material; (2) Mabilize the existing upland limits of the island; (3) enhance or create habitat for colonial waterbird species such as royal terns and sandwich terns, snovvy egrets (Earetfgt thula thula), tri-colored herons (Earefta trlco/or), and glossy ibis (Pleaadis falcine0us fiLlcinellug); and (4) existing habitat would be preserved and expanded for breeding brown pelicans, herring gulls (Larus argentatus smithsonianus) and great black-backeld gulls, and wading birds such as black -crowned night herons (Nvc6ccPrax nvcticorax h,2 tli , great egrets (Casmerodius a/bus a retta , and little blue herons (Florida caeru%ea caerulea). Wind and wave erosional forces have significantly reduced Wainwright Island from its original 16-acre size. It is a national bird sanctuary owned by the National Audubon Society_ The island is one of North Carolina's most important nesting sites for colonial waterbirds (Parnell 1995). In 1991 the island supported North Carolina's largest colony of nesting royal terns (;iferna maxima maxima) (6,337 pairs) (Corps of Engineers, 1993) and many sandwich terns (.Sterna sandvicensis acuflavidus). It presently supports the State's second largest colony of nesting brown pelicans (Pelecanus occidentalis carolinensis) (950 pairs). Suitable bare ground nesting and breeding habitat for terns has diminished greatly due to wind and wave erosion and vegetation growth. Nesting habitat forbrown pelicans is now threatened. Royal and i sandwich terns abandoned the island n 1994. Colonial waterbird nesting sites in North Carolina have been reduced almost 50 percent from the mid 1970's to the late 1960's (Golder 1995; Bain 1989; Parnell and Soots 1979). As a result, more and more birds utilize the remaining but rapidly eroding breeding and nesting islands. Although colonial waterbird populations within North Carolina are not presently declining, this may not be the situation in the near future (Parnell 1995). Crowding increases the potential for a catastrophic loss of birds by disease, weather related events (e.g., hail storms), or by human activities. The National Audubon Society supports the placement of dredged sand in such a way as to protect the pelican and wading bird nesting habitats while restoring the tern nesting habitat. They recommended that a fringe of vegetation be left on the eastern and northern sides of the island to provide habitat for pelicans and that no material be placed on the northwestern finger of the island. Similar landscaping actions have proven to work successfully on South Pelican and Ferry Slip Islands in the lower Cape Fear River (Golder 19,95). 6.06 Threatened and Endangered Species The proposed work has been reviewed for compliance with the Endangered Species Act of 1973, as amended. Informal consultation was initiated with telephonic requests on March 16, 1995, for the North Carolina endangered species lists from the U.S. Fish and Wildlife Service (USFWS) and the NMFS. Based on these listings, the following species may occur in the project area and must be considered: SPECIES Leatherneck sea turtle Kemp's ridley sea turtle Loggerhead sea turtle Green sea turtle Arctic peregrine falcon Roseate tern Bald eagle Piping plover Red -cockaded woodpecker Rough -leafed loosestrife Seabeach amaranth Eastern cougar American alligator Dismal Swamp southeastern shrew Sei whale Sperm whale Finback whale Right whale Hawksbill sea turtle Leatherback sea turtle Shortnose sturgeon SCIENTIFIC NAME Dermochelvs coriacea Lepidochelvs kem Caretta caretta Chelonia mvdas Falco peregrinus tundrius Sterna dou allii dougallii Haliaeetus leucocephalus Charadrius melodus Picoides borealis Lvsimachia asperulaefolia Amaranthus Dumilus Felis concolor cououar Alligator mississippiensis Sorex longirostris fisheri Balaenoptera borealis Phvseter macrocephalus (catodon) Balaenoptera phvsalus Balaena alacialis Eretmochelvs imbricata Dermochelvs coriacea Aci,oenser brevirostrum STATUS Endangered Endangered Threatened Threatened Threatened Endangered Endangered Threatened Endangered Endangered Threatened Endangered Endangered Threatened Endangered Endangered Endangered Endangered Endangered Endangered Endangered The eastern cougar, rough -leafed loosestrife, Dismal Swamp southeastern shrew, and red -cockaded woodpecker should not be affected by the proposed work, as Wainwright Island does not contain suitable habitat for these species. Furthermore, their presence on the island is highly unlikely since it is isolated by surrounding waters and situated far from the nearest mainland area. Sea turtle nesting habitat is confined to oceanfront beaches. They would be expected to appear along the North Carolina coast between May 1 and November 15. Due to its estuarine location, Wainwright Island would not provide suitable nesting P habitat for any sea turtles. Green, Komp's ridley, and loggerhead turtles may feed in the project area; however, the NMFS has determined that hydraulic pipeline dredges are unlikely to adversely affect sea turtles. Due to the estuarine location of the project, none of the whales would be impacted by the proposed work. The arctic peregrine falcon and the bald eagle may migrate through the area or occur as winter residents in eastern North Carolina. Wainwright Island does not provide suitable nesting, resting, or feeding habitat for these species. The project should not adversely affect the falcon or the bald eagle. The shortnose sturgeon may be found in the area. It has been documented for the Cape Fear River (Moser and Ross, 1993), but no other populations are known within coastal North Carolina. Due to their mobility, this species should not be affected by the work as there is no direct evidence that dredging negatively impacts migrating shortnose sturgeon (Moser and Ross, 1993). Seabeach amaranth is an annual or perennial plant only found on oceanfront or ocean inlet beaches. Because of its presumed absence in estuarine environments, this plant should not be impacted by the project. The piping plover is a winter resident of the beaches of North Carolina. Due to its estuarine location, Wainwright Island, does not provide suitable nesting or feeding habitat for this oceanfront inhabitant. The roseate tern infrequently visits the area but is not known to nest here. The project should not adversely affect these species. The American alligator is no longer a threatened species and is listed only for similarity of appearances purposes. Section 7 consultation requirements no longer apply to this species. In summary, it has been determined that the proposed project, as described in section 1.00, is not likely to adversely impact or affect any listed threatened or endangered species or their critical habitat. 6.06 Archaeolo±3ical/Historical Resources The project area was visually inspected on May 3, 1995, by Mr. Mark Mathis, Archaeologist, North Carolina Division of Archives and History. Mr. Mathis commented that no archaeological survey has been previously conducted on the island (Attachment C). The field inspection demonstrates the site contains substantial undisturbed and potentially significant cultural deposits. Mr. Mathis recommends that archaeological testing be conducted across the island to: (a) document the nature, extent, and condition of the cultural deposits; (b) evaluate the significance of the deposits with regard to the National Register of Historic Places; and (c) develop, if warranted, an appropriate impact mitigation plan. A copy of the State field report (Mathis 1995) will be supplied upon written request. In summary, large numbers of sand and clay Middle and Late Woodland Period (AD 800 -1500) ceramics were found on the surface. The island contains a heavy covering of shell midden, particularly on its northern and western sides. The southern and eastern sides appear to have been previously disposed upon, and this material may be hiding any remaining midden. Impacts to the site will be limited to covering of artifact deposits and possible damage from heavy equipment. Prior to project commencement, an archaeological survey will be implemented which will assess National Register of Historic Places eligibility. If the Corps and State agree that the site is significant, some restrictions may be placed on the manner in which heavy equipment is operated. 6.07 Recreation and Aesthetic Resources Wainwright Island lies within Core Sound which is part of the second largest estuarine system in the eastern United States. The area affords opportunities for many boating and other saltwater recreational activities including swimming, finfishing, shellfishing, water skiing, and bird and other nature observing and exploration activities. The proposed maintenance dredging work will only have short-term and minor impacts, if any, on the recreational activities and natural aesthetics of the estuarine environment. As discussed in section 6.04, the work will be beneficial to colonial bird populations. 6.08 Development Due to the isolation of the work site, it is not anticipated that commercial or residential development opportunities will be enhanced or hindered by the proposed work. Most of the surrounding area is comprised of public land or areas not considered prime development property. Cape Lookout and Cape Hatteras National Seashores lie to the east; the Cedar Island National Wildlife Refuge is situated southeast. The nearest mainland areas are comprised of Federal and State regulated wetlands, areas protected from development activities. Commercial fishing traffic is not expected to increase in the future in Core Sound. 6.09 Executive Order 11988, Flood Plain Management The proposed disposal area is located within the 100-year flood plain. However, as discussed in section 5.03, there are no feasible upland alternative sites. As 10 discussed elsewhere in this EA, adverse impacts to natural flood plain resources have been minimized; therefore, the proposed action complies with all applicable State and local flood plain ordinances and with Executive Order 11988, Flood Plain Management. 6.10 Executive Order 11990. (Protection of Wetlands The proposed action has been evaluated under Executive Order 11990, Protection of Wetlands. The shoreline; of Wainwright Island contains regularly flooded tidal wetlands characterized by the presence of scattered fringe areas of saltmarsh cordgrass (S artina alterniflora) and vnvegetated intertidal flats. Impacts to wetlands will be minimized by construction of the effluent retention berm above the m.h.w. line. It is anticipated that any advers iy impacted tidal wetlands will quickly recover or reestablish along the shoreline limits below the effluent retention berm. Elevation contouring by control of effluent may present opportunities to create and expand (both tidal and intertidal) wetlands beyond the amount that may be affected by the proposed disposal work. If deemed appropriate and necessary, sprigs will be planted at proper elevations to accelerate the establishment of wetland vegetation. Additionally, a low function and value wetland area vegetated by Phraomites australis has been established within the upland portion of the island. Concern for this area was not expressed by respondents to the scoping letter or attendees at the scoping meeting. 6.11 Air u,alit f The project is located within the jurisdiction for air quality of the Wilmington Regional Office of the North Carolina Department of Environment, Health, and Natural Resources. The ambient air quality for Carteret County has been determined to be in compliance (attainment area) with the: National Ambient Air Quality Standards. This project is not anticipated to create any adverse effect on the air quality of this attainment area. 7.00 RELATIONSHIP TO LAND USE- PLANS The Carteret County Coastal Area Management Act (CAMA) Land Use Plan of March 1991 classifies the waters of Core Sound as ORWs. The proposed dredging and dredged material disposal would not result in significant adverse effects to the lands and waters on and around Wainwright Island; therefore, the proposed action does not conflict with the land use plans for Carteret County. 11 8.00 RELATIONSHIP TO NORTH CAROLINA COASTAL AREA MANAGEMENT PROGRAM Based on information presented within this EA, the proposed maintenance dredging of Wainwright Slough by pipeline dredge with disposal on Wainwright Island by control of effluent is consistent with the approved Coastal Management Program of the State of North Carolina and the 1991 Carteret County Land Use Plan. During coordination of the EA, the North Carolina Division of Coastal Management will review the information presented herein and furnish a consistency position on the proposed work. 9.00 PUBLIC AND AGENCY INVOLVEMENT 9.01 Scoaing On March 27, 1995, a scoping letter was sent to Federal and State agencies, interest groups, and the public to request identification of significant resources; issues of concern; and recommendations for studies considered necessary. Further coordination was conducted during an onsite scoping meeting held on May 3, 1995 (see Attachment B for list of attendees). Responses to the scoping letter are presented in Attachment C. The letters noted support for the project, suggestions for beneficial uses of dredged material, and concerns needing to be addressed. 9.02 Fish and Wildlife Coordination The USFWS, by letter dated April 25, 1995, identified fish and wildlife resources in the project area and discussed potential project -related impacts... Recommendations of that report were considered during project development. The following paragraphs present these recommendations and the U.S. Army Corps of Engineers' response to each. The Service recommended that the planning include the following considerations: USFWS Recommendation: As much sediment as possible should be placed above the high tide line on the existing island, consistent with the creation of suitable nesting habitat for colonial birds. These efforts should be coordinated with the National Audubon Society, the North Carolina's Wildlife Resources Commission, and the Service's Habitat Management Biologist. 12 Corps Response: This EA is being circulated for comment to the suggested parties. All recommendations for creating suitable colonial waterbird habitat will be considered_ USFWS Recommendation: Sediment which cannot be placed above the high tide line should be used to expand the: area of habitat for colonial waterbird nesting in areas which are now intertidal and subtidal. Although the Service does not endorse the elimination of estuarine shallows, the Service would not oppose the restoration of the historic area of the island reduced by erosion. They recommend using historic data to determine the former extent of the island and limit disposal in intertidal and subtidal areas to the historic "footprint" of the island. Corps Response: To minimize impacts to SAVs, wetlands, and other estuarine resources, direct disposal will not encroach beyond the existing high ground limits of the island. As stated in section 4.03, control of effluent disposal is the most cost effective and efficient method of dredged material disposal for the maintenance dredging of Wainwright Slough. Restoration of the island to its historic limits could be pursued by the National Audubon Society under the cost sharing procedures of Section 204 of the Water Resources Development Act of 1992 (P.L. 102-580). The Corps would be a willing cosponsor of such a proposal. USFWS Recommendation: The Service recommends that the Corps eliminate the use of a sandbag retention wall frorn the planning process. Corps Response: The preferred disposal method, Alternative 1 - Control of Effluent (see section 4.02), does not involve use of a sandbag retention area. USFWS Recommendation: The. Service recommends that the Corps' planning process include a carefully considered work schedule which would avoid periods of high biological activity. Corps Response: As stated in :section 6.03, all dredging and disposal work will be conducted between October 1 and March 31 to avoid periods of high aquatic and terrestrial biological activity. 9.03 Other Agencies and Organizations Representatives from the following agencies and organizations were contacted regarding the proposed action: North Carolina Division of Coastal Management North Carolina Division of Environmental Management North Carolina Division of Marine Fisheries 13 North Carolina Wildlife Resources Commission North Carolina Division of Archives and History National Marine Fisheries Service U.S. Fish and Wildlife Service U.S. Environmental Protection Agency National Audubon Society University of North Carolina -Wilmington (Dr. James Parnell) 10.00 LIST OF RECIPIENTS This EA is being circulated for 30-day review to the following agencies and individuals: Federal Agencies U.S. Environmental Protection Agency, Region IV Forest Service, USDA, Southeastern Area U.S. Department of Housing and Urban Development Advisory Council on Historic Preservation National Oceanic and Atmospheric Administration Center for Environmental Health National Marine Fisheries Service U.S. Department of Interior U.S. Fish and Wildlife Service Fifth Coast Guard District Federal Highway Administration National Resource Conservation Service, USDA U.S. Department of Energy U.S. Coast Guard Postmasters State Agencies North Carolina Department of Environment, Health, and Natural Resources Division of Coastal Management Division of Environmental Management Division of Marine Fisheries State Clearinghouse 14 Libraries UNC-Chapel Hill Library Librarian, North Carolina Environmental Resources Library UNC-Wilmington Library North Carolina State Library Duke University Library Elected Officials Honorable Jean Preston Honorable Jonathan Robinson Honorable Beverly M. Perdue Honorable Patrick J. Ballentine Honorable Walter B. Jones, Jr. Honorable Lauch Faircloth Honorable Jesse Helms Chairman, Board of Carteret Ccunty Commissioners Mayors Local Agencies North Carolina Council of Governments Region P Carteret County Economic Development Council Morehead City Building Inspector Conservation Groups Conservation Council of North Carolina North Carolina Environmental Defense Fund Sierra Club National Audubon Society National Wildlife Federation North Carolina Wildlife Federation Carteret County Crossroads Izaac Walton League Col leges/Universities UNC Institute of Marine Science Duke University Department of Geology Cape Fear Community College 15 Companies and Individuals Carteret -Craven EMC Jacksonville Daily News Carteret County News -Times Morehead City Shipping Company Williams and Haywood, Inc. T.D. Eure Construction Company Wilmington Shipping Company Sailcraft, Inc. Texasgulf, Inc. Stevens Towing Company Stroud Engineering Land Management Group, Inc. George Davenport Grady Davis John Hooten T.O. Talton R.T. Jones Luther Smith and Son Lloyd Wood Alex Malpass Calvin Mason R.W. Chambers John Fussell Frank Hatsel Walter Gentry William Whaley Anne McCrary Vince Bellis Ray Brandi Orrin Pilkey James Parnell Claude Brown W.D. Aman 11.00 POINT OF CONTACT Any comments or questions regarding this EA should be addressed to Mr. Ernest Jahnke, Engineering and Planning Division, Environmental Resources Section, U.S. Army Corps of Engineers, Wilmington District, PO Box 1890, Wilmington, North Carolina 28402-1890. Telephone contact is (910) 251-4581. 3_ 12.00 REFERENCE-; 1 Bain, Harold C., Jr. 1989. Trends in Site Utilization Among Colonial Waterbirds in North Carolina Estuaries. Master of Science Thesis, University of North Carolina - Wilmington. Ferguson, Randolph L.; Wood, Lisa L.; and Pawlak, Brian T. 1988. SAV Habitat from Drum Inlet to Ocracoke Inlet. North Carolina. (Map). National Ocean Service, Photogrammetry Branch, Nautical Charting Division, Rockville, MD. Golder, Walker. 1995. Sanctuary Manager for the National Audubon's North Carolina Coastal Island Sanctuary Program, Wilmington, North Carolina. Personal Communication. May 1995. Kimmel, Richard H. 1995. Cultural Resources Assessment of the Wainwright Island Vicinity, Carteret County, North Carolina. Memorandum dated May 8, 1995, on file. U.S. Army Corps of Engineers, Wilmington, North Carolina. Mathis, Mark A. 1995. Archaelogical Field Inspection of Wainwright Island - 31CR273, Core Sound, Carteret County, North Carolina. Moser, M.L. and S.W. Ross. 1993. Distribution and Movements of Shortnose Sturgeon (Acipenser brevirostrum) and Other Anadromous Fishes of the Lower Cape Fear River, North Carolina_ Final Report to the U.S. Army Corps of Engineers, Wilmington District. Parnell, James F. 1995. Professor of Ornithology, University of North Carolina - Wilmington. Personal Communication. May 3, 1995. Parnell, James F. and R.F. Soots, Jr. 1979. Atlas of colonial waterbirds of North Carolina estuaries. UNC Seagrant Publication. UNC-SG-78-10. June 1979 National Marine Fisheries Service.. 1991. Biological Opinion, Dredging of Channels in the Southeastern United States from North Carolina Through Cape Canaveral, Florida. November 25, 1991. U.S. Army Corps of Engineers. Colonial Waterbird Database Program. Contract No. DACW54-88-H-0012. Updated 1993. . 1994. Limited Reevaluation Report and Draft Environmental Assessment for Drum Inlet, Carteret County, North Carolina, June, 1994. 17 r.L.r. VARYING VARYING TYPICAL SECTION f R R IY CEDAR ISLAND ATun\C C A R T E R E T COUNTY P,I Ir L/ c0 so meta C I/fAllwr � ILOY/w 7 SAND eAG -<<. olsrouL AREA 'a/4, r � 6 G 0 PeAV •• p • 111• A i� �j•N6 � ♦ :11V\ ' III , �}• !_. :�IrIN•iw I In.y C 2 Qww� �y t / • .y q+ �+ SANG RAG Mileage in the through waterway IR m•aauraa Southward haw Ma fad o15RGSAI AREA North end of Wainwright Slough. jT "- WATERWAY CONNECTING PAMLICO SD. a BEAUFORT HARBOR, a.n Laa.aaT NORTH CAROLINA SCALE or wILES • o • + CORPS OF ENGINEERS WILMINGTON, N.C. YAP REVISED SEPTEMSER I7a7 FIGURE 1 ATTACHMENT A SECTION 404 (13)(1) (PUBLIC LAW 95-217) EVALUATION MAINTENANCE DREDGING WAIIVWRIGHIT SLOUGH WATERWAY CONNECTING PAMLICO SOUND AND BEAUFORT HARBOR CARTERET COUNTY, NORTH CAROLINA EVALUATION OF: SIECTION 404(b)(1) GUIDELINES 40 CIFR 230 Section 404 Public Notice No. CESAW-EP-PE-95-16-0005 1. Review of Compliance (230.10(a)-(d)) Preliminary1/ Final 2/ A review of the NEPA Document indicates that: a_ The discharge represents the least environmentally damaging practicable alternative and if in a special aquatic site, the activity associated with the discharge must have direct access or probmity to, or he located in the aq uatic ecosystem to fulfill its basic purpose (if no, see section 2 and NEPA document); YESI_I NOI_I- YESI X I NOI_I b. The activity does not: 1) violate applicable State water quality standards or effluent standards prohibited under Section 307 of the CWA; 2) jeopardize the epstence of federally listed endangered or threatened species or their habitat; and 3) violate requirements of any federally designated marine sanctuary (if no, see section 2b and check responses from resource and water quality certifying agencies); YESI_I NOi_I• YESI X I NOLI c. The activity will not cause or contribute to significant degradation of waters of the U.S. including adverse effects on human health, life stages of organisms dependent on the aquatic ecosystem, ecosystem diversity, productivity and stability, and recreeitional, aesthetic, and economic values (if no, see section 2); YESLI NOLI- YESI X 1 NOI_i d. Appropriate and practicable steps have been taken to minimize potential adverse impacts of the discharge on the aquatic _ ecosystem (if no, see section 5). YESI_I NOI_I' YESI X 1 NOLI Proceed to Section 2 ', 1, 2/ See page 6. 2. Technical Evaluation Factors (Subparts C-F) a. Physical and Chemical Characteristics of the Aquatic Ecosystem (Subpart C) (1) Substrate impacts. (2) Suspended particulates/turbidity impacts. (3) Water column impacts. (4) Alteration of current patterns and water circulation. (5) Alteration of normal water fluctuations/hydro period. (6) Alteration of salinity gradients. b. Biological Characteristics of the Aquatic Ecosystem (Subpart D) (1) Effect on threatenedlendangered species and their habitat. (2) Effect on the aquatic food web. (3) Effect on other wildlife (mammals, birds, reptiles, and amphibians). C. Special Aquatic Sites (Subpart E) (1) Sanctuaries and refuges. (2) Wetlands. (3) Mud flats. (4) Vegetated shallows. (5) Coral reefs. (6) Riffle and pool complexes. Human Use Characteristics (Subpart F) (1) Effects on municipal and private water supplies. (2) Recreational and commercial fisheries impacts. (3) Effects on water -related recreation. (4) Aesthetic impacts. (5) Effects on parks, national and historical monuments, national seashores, wilderness areas, research sites, and similar preserves. Not Signifi- Signifi- N/A cant cant' I I I I I X I I { X I I I I I I. I X I X I I I I I X I I X I I I X I I I X I Remarks: Where a check is placed under the significant category, preparer add explanation below. Proceed to Section 3 'See page 6. A2 3. Evaluation of Dredged or Fill Material (9.uboart G13/ a. The following information has been considered in evaluating the biological availability of possible contaminants in dredged or fill material. (Check only those appropriate.) (1) Physical characteristics ..................................... IXI (2) Hydrogralphy in relation to known or anticipated sources of contaminants ................ .. . LI (3) Results from previous testing of the material or similar material in the vicinit f of the project ..................................... I_I (4) Known, significant sources of persistent pesticides from land runoff or percolation .................................... _ I_I (5) Spill records for petroleum products or designated (Section 211 of CWA) hazardous; substances ... . I (6) Other public records of —I significant introduction of contaminants from industries, municipalities, or other sources..............................................I_I _ m Known existence of substantial material deposits of substances which could be released in harmful quantities to the aquatic environment by man -inducted discharge activities ................................ _ LI (8) Other sources (specify) ..................................... LI List appropriate references. Reference: b. An evaluation of the appropriate information in 3a above indicates that there is reason Ito believe the proposed dredge or fill material is not a carrier of contaminants, or that levels of conl,aminantis are sub- stantively similar at extraction and cfesposal sites and not likely to result in degradation of the disposal site. The material meets the testing exclusion criteria. Proceed to Section 4 •, 3/, see page 6. A3 dated June YES I X I NO I —I• 4. Disposal Site Determinations (230 11(f)). a. The following factors as appropriate, have been considered in evaluating the disposal site. (1) Depth of water at disposal site .................................IXI (2) Current velocity, direction, and variability at disposal site .................................... IXI (3) Degree of turbulence ................ . (4) Water column stratification ................................... LI (5) Discharge vessel speed and direction ............ . (6) Rate of discharge ........................................ IXI (7) Dredged material characteristics (constituents, amount and type of material, settling velocities) ................................. IXI (8) Number of discharges per unit of time...............................................I_I (9) Other factors affecting rates and patterns of mbdng (specify) List appropriate references. Reference: Environmental Assessment, Maintenance Dredging Wainwright Sough._Waterwav dated June b. An evaluation of the appropriate factors in 4a above indicates that the disposal site _ and/or size of mibng zone are acceptable ........................ YES NO I_I' 5. Actions to Minimize Adverse Effects (Subpart H). All appropriate and practicable steps have been taken, through application of recommendations of 230.70-230.77, to ensure minimal adverse effects of the proposed discharge. List actions taken ................................. YES NO I_I' For water quality see Section 6.01 of the EA. For benthos see Section 6.02 of the EA. For fisheries see Section 6.02 of the EA. For threatened and endangered species see Section 6.05 of the EA. Return to section 1 for final stage of compliance review. See also note 3/. page 3. 'See page 6. A4 6. Factual Determinations (230.11). A review of appropriate information as identified in items 2-5 above indicates that there is ffiWmal potential for short- cr long-term environmental effects of the proposed discharge as related to: a. Physical substrate at the disposal si to (review sections 2a, 3, 4, and 5). YES IXI NO LI� b. Water circulation, fluctuation, and salinity (review sections 2a, 3, 4, and 5)_ YES IXI NO C. Suspended pa:ticulates/turbidity (review sections 2a, 3, 4, and 5). YES IXI NO I_I• d. Contaminant avallability (review sections 2a, 3, and 4). YES IXI NO I_I' e. Aquatic ecosystem structure and function YES IXI NO LI' (review sections 2b and c, 3, and 5). f. Disposal site (review sections 2, 4, and 5). _ YES IXI NO I_I� g. Cumulative impact on the aquatic ecosystem. YES IXI NO h. Secondary impacts on the aquatic ecosystem. YES IXI NO I_I� 7. Findings. a. The proposed disposal site for discharge of dredged or fill material complies with the Section 404(b)(1) guidelines ....................................... _ IN b. The proposed disposal site for discharge of dredged or fill material complies with the Section 404(b)('1) guidelines with the inclusion of the Following conditions: . . . . . . . . . . . . . . . . . . . _ . . . . . . . . . . . . . . . . I_I 'See page 6. A5 8. c. The proposed disposal site for discharge of dredged or fill material does not comply with the Section 404(b)(1) guidelines for the following reapons(s): (1) There is a less damaging practicable alternative .......................... 1_I (2) The proposed discharge will result insignificant _ degradation of the aquatic ecosystem ............................... IJ (3) The proposed discharge does not include all practicable and appropriate measures to minimize _ potential harm to the aquatic ecosystem .............................. I_I V William R. Dawson, P.E. Chief, Engineering and Planning Division District Engineer Q Date: Date: I l 'A negative, significant, or unknown response indicates that the permit app ication may not be in compliance with the Section 404(b)(1) Guidelines. 1/ Negative responses to three or more of the compliance criteria at this stage indicate that the proposed projects may not be evaluated using this "short form procedure." Care should be used in assessing pertinent portions of the technical information of items 2 a-d, before completing the final review of compliance. 2/ Negative response to one of the compliance criteria at this stage indicates that the proposed project does not comply with the guidelines. If the economics of navigation and anchorage of Section 404(b)(2) are to be evaluated in the decision -making process, the "short form evaluation process is inappropriate." 3/ If the dredged or fill material cannot be excluded from individual testing, the "short -form" evaluation process is inappropriate. A6 ATTACHMENT B ONSITE: SCOPING MEETING MAY 31,1993 LINT of Ai-rENDEES National Audubon Society National Marine Fisheries Service North Carolina Division of Archives and History North Carolina Division of Coastal Management, Morehead City Regional Office North Carolina Division of Environmental Management, Wilmington Regional Office North Carolina Wildlife Resources Commission, Northside Office, Raleigh North Carolina Wildlife Resources Commission, Habitat Conservation Office, Washington, North Carolina University of North Carolina - Wilmington ATTACHMENT C RESPONSES TO THE MARCH 27, 1995, SCOPING LETTER 0 North Carolina Department of Cultural Resources James B. Hunt, Jr„ Governor Betty Ray McCain. Secit ary April 20, 1995 William R. Dawson, PE Chief, Engineering and Planning Division Department of the Army Wilmington District, Corps of Engineers P.O. Box 1890 Wilmington, N.C. 28402-18910 Re: Dredge Disposal Modificotion, Wainwright Island, Carteret County, ER 95-•8737 Dear Mr. Dawson: Division of Archives and Hish William S. Price, Jr„ Di:ec Thank you for ,your letter of April 13, 1995, concerning the above project. Our records indicate that there, are no recorded archaeological or historic resources on Wainwright Island. However, the island has never been surveyed for sites. Based on similar islands in the region, It is quite possible that prehistoric remains may have at one time existed on the island, assuming it is not a man-made spoil island. Mark Mathis of our Office of State Archaeology will participate in the field visit to the site on May 3, 1995. If there are any changes in plans please contact him at 919/733-7342. The above comments are made pursuant to Section 106 of the Natifonal Historic Preservation Act of 1966 and the Advisory Council on Historic Preservation's Regulations for Compliance witch Section 106, codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, please contact Renee Gledhill -Earley, environmental review coordinator, at 919/733-4763. Sifaqerely, David Brook Deputy State Historic Preservation Officer DB:slw ®North Carolina Wildlife Resources Commission KN 512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391 Charles R. Fullwood, Executive Director May 4, 1995 Mr. Earnest Jahnke . Environmental Resources Section U.S. Army Corps of Engineers P.O. Box 1890 Wilmington, North Carolina 28402-1890 Dear Mr. Jahnke: The trip to Wainwright Island on Wednesday, May 3, 1995 was very informative. I believe that the method of disposal which involves control of effluent with discharge directed overland (sites C and D) to the open water on the nonchamel side (west side) of the island would be significantly enhance the island for colonial nesting birds and only minimally impact the shallow water habitat I agree that toeof-the-bank disposal would be the least desirable of alternatives that have been discussed. Thank you for arranging the trip. Please contact me if additional information is needed at this stage of review. Sincerely, Franklin T. McBride, Manager Habitat Conservation Program Nationale _Audubon Society z Mr. Ernie Jahnke Environmental Resources Section U.S. Army Corps of Engineers P.O. Box 1890 Wilmington, North Carolina 28402-1890 Dear Mr. Jahnke: I am writing in the proposed disposal at the junction of Core Carolina. North Carolina Coastal Islands Sanctus, 10 E. Greensboro St., #7 Wrightsville Beach, NC 1_ (910)256-3779 May 11, 1995 response to requests for comments regarding of dredged sand on Wainwright Island located and Pamlico Sounds, Carteret County, North Wainwright Island, owned and protected as a wildlife sanctuary by the National Audubon Society, has long been a vital nesting site for many species of colonial waterbirds. Deposition of dredged sand on portions of the island has created habitat suitable for nesting terns and pelicans. while habitats that existed prior to the disposal of dredged sand on the island have supported nesting wading birds.. The island once supported North Carolina's largest colony of Royal and Sandwich telvs, and continues to support the state's second largest colony of Brown Pelicans. However, erosion and vegetation growth in recent ,years has eliminated the nesting habitat for Royal and Sandwich 'Terns which abandoned the island in 1994, and threatens the nesting habitat for Brown Pelicans. Erosion has also greatly reduced the island from its original size of 16 acres. The National Audubon Society supports the deposition of dredged sand. on the island in a (manner that will restore nesting habitat for waterbirds and restore the island, as nearly as possible, to its original size. Of the &sposal sites proposed in "figure 2" of the letter dated March 27, 199:5, dredged sand placed on sites D, C and B would accomplish this. Audubon recommends* that a fringe of vegetation be: left on the eastern. )Ind northern sides of the island to provide habitat for pelicans and that no material be placed on the _ northwestern finger of the island. To restore the island to its original size, Audubon recommends that material be placed in site B and that - sand bags be: used if deemed necessary or effluent be controlled to minimize the impact on surrounding shallows and restore the vital waterbird habitat that has been lost to erosion. r.:r .R.Rc yr - Nesting waterbirds occupy Wainwright Island from 1 March. to i September, therefore Audubon recommends that all• activity on and adjacent to the island be completed between September and March. From the mid 1970's to the late 1980's, North Carolina's coast experienced an almost 50% reduction in the number of active nesting sites used by colonial waterbirds. Thus, those sites that remain are increasingly important. The 1993 Atlas of Colonial Waterbirds of North Carolina Estuaries (Parnell et al. 1995) includes loss of nesting habitat as a major threat to the state's waterbirds. We, at Audubon, appreciate the opportunity to comment on this project and.look. forward to working closely with the Corps to ensure - that Wainwright Island continues to provide a safe haven for nesting waterbirds. Please call me if you have any questions. Since ly, j"L Walker Golder Sanctuary Manager Literature Cited Parnell, J. F., W. W. Golder and T. M. Henson. 1995. 1993 atlas of colonial waterbirds of North Carolina estuaries. NC Sea Grant Publication UNC-SG-95-02. Raleigh, North Carolina. RCV BY:Wilmington District ; 5-11-V5 ; 16:07 7 y USACE-Reg. Branch+:_ State of North Carolina Department of Environment, Health and Natural Resources Divislon of Coastal Monagerrient James B. blunt, Jr., Governor Jonathan B. Dawes. Secretarlr Roger N. Schecter, Director William R. Dawson, Chief Engitteering and Pla!ming Division U.S. Army Corps of Engineers Wilmington District P.G. Box 1890 Wilmington, NC 28402-1890 May 11, 1995 Post-n" Fax Note 7671 —ad .N 1NC8: DCM95-19: Snoring. Modification of Disposal Mediod, Wainwright ]stand De=a 1vtr. Dawson: The Division of Coastal Managenent Ivold llko to thank you for the opporumity to participate in the site meeting held May 3,1995, Wainwright Wi,md In Cwtetet County, KC The meeting was held to discuss and Invite - comment on the varkrus alternatives which Mve been proposed far die dighosal of dredged material from the AIW W on Wainwright Island. As it supplement v the discussions held onsite. we oft tiro following comments: - 1. We would consider Alttanadws. B to be the least pcefetred alternative, A lmge am of shallow bottom habitat wottll be lost and there art; pos%tdal significant hnparxs on submerged squads vegetation and other ' - estuarine resources, 2. Ahanurive C would impact a large amount of wetlands, especially if effluent were unoonfated. 3. The eonthinadon B/D altetwive. discussed at Iht: site meeting would Calais disposal of the dredged material on the higher Sandy portion of die island with the effluent bein directed downslope. . westward towards dte 'ww. We feel Ihat $his alternative could be accephtbio psvtdded the material is contained landward of the coastal wetlands vegctation line by a sandbag retaining 11 a r f me. 4. A Corisisteney Determination will be required for rho propasei to its Mal Gomm, putnuant to 15 CFR 930 Subpart C - Consistency for Fodori[ Activities. If you have any Questions regarding our eoountems, please co =me or save Roan. Rivfaron of Coastal Management, at ('919,1733-2293. Thank ycw for yvxtr ootsiftattoo of the North Carding Ceostal Management Program. Sinceldy, 000l4ne J. Be1Gs ca Preston Pare, Assistant Diractor, Division of Coastal Management Charles Jones. Division of Coastal! Management, Morehead City Ernest Jaitnke, US Army Corps of Engineers, Wilmington District 0 Pl nnvW&ct7 ONdrAh Nnrfh f:rwnlir,n 77Ar 1_7AA7 Tnrnntw.e n1d792_.rrn .,,.. 'Opp w Cam,, °s. UNITED STATES DEPARTMENT OF COMMERCE J National Oceanic and Atmospheric Administration : NATIONAL MARINE FISHERIES SERVICE •�`""'�'� Southeast Fisheries Science Center Beaufort Laboratory 101 Pivers Island Road Beaufort, NC 28516-9722 May 8, 1995 MEMORANDUM FOR: Gordon Thayer FROM: Lisa Wood SUBJECT: Wainwright Island Project On May 3, 1995, I visited Wainwright Island with representatives from Wilmington District U.S. Army Corp of Engineers, U.S. Fish and Wildlife Service, Audubon Society, CAMA, N.C. State Fisheries, UNC-Wilmington (Dr. Pernell), and the - Archaelogy Society to discuss alternative disposal methods for maintenance dredging of Wainwright Slough. Adverse conditions for locating seagrass habitat were observed. Strong winds prior to our visit created turbid water conditions and cloudy skies prevented sunlight from illuminating the bottom. Sampling with. a rake, we found Zostera marina and Rupgia maritima-throughout Site B. Seagrass was not observed on the north side of the island. Over the past two years, the north side of the island experienced severe erosion. Most of the representatives supported depositing spoil on Site C to expand the nesting area for pelicans etc. There is a low berm between Site C and B. Effluent will flow down the berm into the area containing seagrass in Site B. The COE asked if the seagrasses could tolerate any degree of burial. I posed this question to Mark Fonseca. Mark explained recent research shows Zostera marina can tolerate 25t burial of plant height for short periods. The research suggested a thin layer of sediment greater than 25t of the height of the smallest plant will significantly increase mortality and reduce productivity. Can the COE control the amount of effluent flowing down. the berm in the seagrass habitat? 1- Review 1995 aerial photographs for seagrass distribution and make a field trip under better atmospheric and water qualilty conditions. 2- Map boundaries of seagrass habitat and island with GPS for baseline data. Position stakes along boundaries for future reference. 3- Discuss ways to'control effluent to avoid smothering seagrass. CC: Ernie Jahnke Larry Hardy Ron Sechler State of North ,,1a En Department of Environment, Health and Natural Resources Division of Nfadne Fisheries y James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary H■ V Bruce Freeman, Director May 5, 1995 Mr. Ernie Jahrike Environmental Resources Section P. O. Box 1890 Wilmington, NC 28402-1890 Dear Mr. Jahnke: As a result of retiiewing the proposed spoil disposal modifica- tion of Wainwright Island and tine on -site visit May 3, 1995, the North Carolina Division of Marine Fisheries would like the following concerns addressed in the upcoming environmental assessment. The presence of ,sea grass; beds, i.e. Halodule wriahtii -' Zostera marina or Runjois maLri�ima hard clams and bay scallops that _ may be buried by the deposition of spoil material will be the main concern of the Division. Another investigation of the site on the southwest side: of the islaind needs to be conducted on a clear, calm day to determine the jresence and density of these species. Bay scallops, if any, present on the southwest side of the island could be relocated east- ok the channel to the seagrass bed(s) there. The density of clams is not expected to be signifi- cant in the vicinity of the "Site B" area. Dredge spoil disposal on any significant sea grass concentrations should be avoided or _ impact should be minimized. How much gradual covering by sand over time the sea grass can withstand is unknown and any areas covered with grass should be separated from spoil effects. If the combination'of Sites C and D with effluent directed toward Site B is pursuant as the preferred alternative, the Division at this time would recommend the use of sand bag retention wall to reduce turbidity and contain.the spoil material. Sincerely, ,LUAZA / David L. Taylor DLT:rrm cc: Mike Street Melba McGee P.O. Box 769, k7orehead Gty, North Carofim 28557-0769 Telephone 919-726-7021 FAX 919-726-0254 An Equal Opperhnrty Affinna6vs Acdon fisnpraver 50% recycled/ 10% po.t<onsumw papa, United States Department of the Interior FISH AND WILDLIFE SERVICE Ecological Services Post Office Box 33726 Raleigh, North Carolina 276363726 April 25, 1995 Mr. William R. Dawson Chief, Engineering and Planning Division U.S. Army Corps of Engineers P.O. Box 1890 Wilmington, North Carolina 28402-1890 Dear Mr. Dawson: TAKE PME IN� v This responds to your March 27, 1995 request for scoping comments from the U. S. Fish and Wildlife Service (Service) on the proposal by the Wilmington District, Corps of Engineers (Corps) to modify the method of disposal for dredge material from the maintenance dredging of the Wainwright Slough portion of the Waterway connecting Pamlico Sound and Beaufort Harbor, Carteret County, North Carolina. These comments are provided in accordance with the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d) and Section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543). This letter is provided on a planning aid basis and does not constitute the report of `the Department of the Interior as required,by Section 2(b) of the Fish and Wildlife Coordination Act. The current disposal method involves toe -of -bank placement on the channel side (east) of Wainwright Island.. This disposal site is at capacity and material placed in this area quickly returns to the channel. The Corps is currently considering three alternatives to alleviate this* problem: (1) control of effluent with discharge directed overland to the open water on the non -channel (west) side of the island; (2) toe -of -bank disposal on the non -channel side with confinement by.a sandbag retention wall; and, (3) toe -of -bank disposal on the non -channel side without confinement. Concerns of the Service and Recommendations for Environmental Document The Service recognizes the problems of the current disposal method and the need for modifications. The Service also is aware that Wainwright Island is an important nesting site for colonial waterbirds and that the island is managed by the National Audubon Society. The habitat value of the island for nesting waterbirds has been reduced by erosion and the growth of vegetation. Therefore, the Service believes that a major objective of this disposal plan should be 'to enhance the value of the island as a nesting site for colonial waterbirds without significant adverse impacts to other fish and wildlife resources in the area. In light of this objective, the Service recommends that the Corpse planning include the following considerations: 1. As much sediment as possible should be placed above the high tide line on the existing island. However, this placement should be consistent with the creation of suitable nesting habitat for colonial waterbirds. Sediment placed above the high tide line should be properly contoured and at a proper height to maximize the habitat value of the area. The final configuration of sediment above the high tide line should be coordinated with the National Audubon Society, the North Carolina Wildlife Resources Commission, and the Service's Habitat :Management Biologist Bob Noffsinger, who may be reached at (919) 473-6983. 2. Sediment which cannot be placed above the high tide line should used to expand the area of habitat for colonial waterbi.rd nesting in areas which are now intertidal and subtidal While the Service does not endorse the elimination of estuarine shallows, the Service would not oppose the restoration of the historic area of this island which has been reduced by erosion. Therefore, the Service recommends that the Corpst use historic data to determine the former extent of the island and limit disposal in intertidal and subtidal areas to the historic "footprint" of the island. 3. The Service does not support the construction of hard, erosion control structures in marine or estuarine areas. The Service believes that the use of a sandbag.wall to retain the sediment would be an undesirable precedent which could lead to increased efforts by others to erect such structures. Thereforre, the Service recommends that the corps eliminate the use of a sandbag retention wall from the planning process. 4. Any dredging and disposal project during a time of high biological activity can produce adverse, environmental impacts to species such as sea turtles and/or anadromous fish, among others. 'Therefore, the Service recommends that the Corps' planning process include a carefully considered work schedule which Frould avoid periods of high biological activity. The attached pages identify the Federally -listed endangered, threatened, and candidate species which occur in Carteret County, North. Carolina. The section of the environmental document regarding protected species should contain the following information: 1. A review of the literature and other information; 2. A description of any listed species or critical habitat that may be affected by the action; 3. An analysis of the "effect of the action", as defined by CFR 402.02, on the species and habitat including consideration of direct, indirect, cumulative effects, and the results of related studies; 4. A description of the manner in which the action may affect any species or critical habitat; 5. Summary of evaluation criteria used as a measure of potential effects; and 6. Determination statement based on evaluation criteria. Candidate species refers to any species being considered by the Service for listing as endangered or threatened but not yet the subject of a proposed rule. These species are not legally protected under the Act or subject to its provisions, including Section 7, until formally proposed or listed as threatened or endangered. New data could result in the formal listing of a candidate species. This change would place the species under the full protection of the Endangered Species Act, and necessitate a new survey if its status in the project corridor is unknown. Therefore, it would be prudent for the project to avoid any adverse impact to candidate species or their habitat. The North Carolina Natural Heritage Program should be contacted for information on species under State protection. The Service appreciates the opportunity to provide these comments and we look forward to continued involvement with the Corps on this project. If you have any questions, please call Howard Hall at 919-856-4520 (ext. 27). -1� supervisor REVISED APRIL 1S. ISS5 Carteret County Mammals, Eastern cougar Fells concoloi! cou uar) - E M s Bald ealite (Hariaeetus.teucoar ho alus} - E peregrine falcon (Edo oereprinus trndris,4r ) - T Red cockaded woodpecker (R'eoldes jLgrea6s - E Roseate tam (Stems dpygallg' o Ito19 - E - Piping plover (Charaddus mele us) - T Reptiles Green sea turtle Chel nla mvi as) - T Kamp's (Atlantic) Ridley sea turtle Le Idochelvs k_ emoi) - E Leatherback sea turtle DermocheWs crnriaceat - E Loggerhead sea turtle (gaLena caretta) - T Plants Rough -leaved loosestrife (wimachia gliajwjaefoga) - E Seabeach amaranth Ama n inrs, pumft) - T Sea turtles when min the water',ate under tha jurisdiction of.the National Marine Fisheries Service and should be contacted concerning your agency's responsibirtias under Section 7 of the Endangered.spedes Act. Their address is: National Marine Fished= Service U.S. Department of commerce 9450 Koper Boulevard Duval Building St. Petersburg, Florida 33702 There are spades which, although not Ow listed or officially proposed for listing as endangered or threatened, are under status review by thll Serviao, These "Candidate•(C7 and C2) spades are not legally protected under the Act, and are not r*jeet to any of its provisions; including Section 7, until they are formally proposed or listed as thetatened or endangered. We are provfdmg the below list of candidate species which may ocean within the project arras for the purpose of giving you advance notification. These spades may be listed Ih the future, at whl'dn time they will be protected under the Act. In the meantime, we would appreciate anything you might do for them. Birds Bachman's sparrow (AimeohHa., sestiyaVs,) - C2 Blade ran (lam )amalcensi'll - C2 Hanslow's sparrow mm 6aus; sl rwir) - C2 Re tffes Northern diamondback terrapin MaladertM terrapin terrapin) - C2 Amphibians Carolina cr<rwfish frog lRana p eclata Ogito) - C2 Crustacean:; Croatan crayfish (Procambams Ip umiman is) - C2 Carteret County (cont'd) REVISED APRIL 19, 1995 Insects Carter's noctuid moth (Soartininhaoa carterael - C2 Plants Carolina goldenrod Solida o ulp chra) - C2 Chapman's sedge Carex chaomanii) - C2 Dune blue cods (Trichostema se.) - C2 Loose watermilfoil (Myrioohvilum laxnm) - C2 Pondspice ea sestivalis) -C2 Savanna eamylopus (Camvloous caralinae) - C2 Savanna cowbane (Oxylicres temata) - C2 Smooth bog -asphodel of7 Idia to abra) - C2 Venus flytrap Diona a musaoulal - C2 .f0 ST.r A �s UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IV 34'3 COURTLAND STREET. N.E. ATLANTA. GEORGIA 30365 APR 4 Colonel Robert J. Sperberg District Engineer, Wilmington P.O. Box 1890 Wilmington, KC 28402-1890 Attn: Mr. Earnest Jahnke Environmental Resoun2es Branch Subject: Changes to the maintenance Design for the Wainwright Slough Portion of the Waterway Connecting Pamlico Sound and ;Beaufort Harloor, Carteret County, NC Dear Colonel Sperberg: Pursuant to your request of March 27, 1995, EPA, Region 4 has reviewed the subject proposal which discusses the environmental consequences of altering the current dredge disposal regimen on Wainwright Island. After an examination of the information provided and conversations with Environmental - Resources r technical staff we suggest that a variation of Option B and C be examined in more detail. Shallow water ;habitat would be covered with maintenance material with each of these options, but by putting the material immediately adjacent to the present shoreline and using some kind of confining measure (sand bags/tubes) the overall footprint could be minimized. This notwithstanding, it is not clear to us that shallow water habitat is a limiting. factor in system functioning; whereas providing some long-ts= pa-otecti.on to Wainwright Island which is relatively unic�ne has obvious merit. It should be noted that the entire island appears to be at risk from erosional processes; hence, the no -action alternative has its own adverse ramifications. For example, we understand that the island receives a great deal of use as a rookery and this capability would be lost if it were inundated. On the basis of the: scope of the proposal we have no significant objections to your plans to use an EA as the evaluation model rather than the moire comprehensive environmental impact statement format. Printed on Recycled Pap' -� Thank you for the opportunity to comment on this action. If we can be of further assistance in this matter, Dr. Gerald Miller (404-347-3776 vM 6853) will serve as initial point of contact. Sincerely, Heinz J. Mueller, Chief Environmental Policy Section Federal Activities Branch North Carolina Departmemtt of Cultural Resources James B. Hunt, Jr, Governor Betty Ray McCain. Secretary May 18, 1995 William R. Dawson, P.E. Chief, Engineering and Planning Division Department of the Army Wilmington District, Corps of Engineers P.O. Box 1890 Wilmington, N.C. 213402-1890 Re: Dredge Disposal Modification, Wainwright Island, Carteret County, ER 95-8737 Dear Mr. Dawson: Division of Archives and History William S. Price, Jr., Director On May 3, 1995, an on -site; inspection was conducted at Wainwright Island -by a number of agency representatives, including Archaeologist Mark Mathis, who prepared the enclosed field inspection report. The following comments concerning the proposed disposal project are based on Mr. Mathis's report. As noted in our letter of April 20, 1995, no archaeological resources had been recorded on the island. However, during the recent inspection, an extensive deposit of prehistoric shell was observed allong the eroding western shore of the island and recorded as 31 CR273. - Based on Mr. Mathis's observations and the historical use of the island for dredge disposal, portions of'the interior and eastern side of the island are covered with old dredge materials. At the time of the inspection, the island was inhabited by a substantial population of nesting pelicans and evaluation of the extent of the cultural remains across the island was impossible. However, we believe the site probably contains substantial undisturbed and potentially significant cultural deposits. Prior to initiation of any new disposal and ground disturbing activities, we recommend that archaeological testing be conducted across the island. The purpose of the test excavations should be to (a) document the nature, extent, and .condition of the cultural deposits, (bl! evaluate the significance of the deposits with regard to the National! Register of Historic Places; and (c) develop, if warranted, an appropriate impact mitigation plan. We appreciate your including Mr. Mathis in the recent inspection and hope these comments will assist you in the project planning process. If you have questions concerning the field report, please contact Mr. Mathis at 919f733-4763. 109 East Jones Sttect • Raleigh, North Carolina 27601-2807 William R. Dawson May 18, 1995, Page 2 Thank you for your cooperation and consideration. If you have questions concerning the above comment, please contact Renee Gledhill -Earley, environmental review coordinator, at 919/733-4763. Sincerely, David Brook Deputy State Historic Preservation Officer DB:slw Enclosure DEPARTMENT OF THE ARMY WB.MINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 OF REPLY September 5, 1995 AT7Qi[gN Environmental Resources Section Dear Madam or Sir: Enclosed for your information is a copy of the August 1995. An Environmental Assessment was distributed for public comments on June 26, 1995. After review and consideration of the comments received, we have determined that the proposed action will not significantly affect the quality of the human environment; therefore, an Environmental Impact Statement will not be prepared. Also enclosed is a copy of the Notice of Availability for the signed Finding of No Significant Impact, which is being provided to the general public. Thank you for your interest in this project and for your comments. If you have any questions regarding this project, please contact Mr. Ernest Jahnke, Environmental Resources Section, at (910) 251-4581. Enclosures ins ere Iy, Robert J,Sperberg Colonel, Army District Engineer Primed on 0 Recycled Paper September 5, 1995 Environmental Resources Section Dear Madam or Sir: Enclosed for your inforrcation is a copy of the August 1995. An Environmental Assessment was distributed for public comments on June 26, 1995. After review and consideration of the comments received, we have determined that the proposed action will not significantly affect the quality of the human environment; therefore, an Environmental Impact Statement will not be prepared. Also enclosed is a copy of the Notice of Availability for the signed Finding of No Significant Impact, which is being provided to the general public. Thank you for your interest in this project and for your comments. If you have any questions regarding this project, please contact Mr. Ernest Jahnke, Environmental Resources Section, at (910) 251-4581. Sincerely, Robert J. Sperberg Colonel, U.S. Army District Engineer Enclosures CESAW-EP-PE/Ja�4581 CESAW-EP-PE/U / CESAW-EP/Dawson/s/ ;f��r�(j CESAW-DX/Burch �C ESAtr!-B6tMA�-BoRfitrtg�� CESAW-DE/COL Sperberg/s/ CALL BETSY @ 4543 TO PICK UP WHEN SIGNED. CESAW-EP/Files File: n:\3002pndr\wpdoc\wainrite.fns DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers Post Office Box 1890 Wilmington, North Carolina 28402-1890 INFORMATIONAL PUBLIC NOTICE NOTICE OF AVAILABILITY CESAW-EP-PE-95-16-0010 TO WHOM IT MAY CONCERN: September 5, 1995 A Finding of No Significant Impact (FONSI) for the following U.S. Army Corps of Engineers activity is available. Project: Maintenance Dredging, Wainwright Slough, Waterway Connecting Pamlico Sound and Beaufort Harbor, Carteret County, North Carolina. The Environmental Assessment Maintenance Dredging Wainwright Slough Waterway Connecting Pamlico Sound and Beaufort Harbor, Carteret County North Carolina, was circulated to Federal and State agencies and the public on June 26, 1995. After review and consideration of the comments received, the FONSI was signed on August 31, 1995. Copies of the FONSI may be requested from or further questions addressed to Mr. Ernest Jahnke, Environmental Resources Section, at (910) 251-4581. D US Army Corps of Engineers WILMINGTON DISTRICT SOUTH ATLANTIC DIVISION FINDING OF NO SIGNIFICANT IMPACT MAINTENANCE DREDGING WAINWRIGHT SLOUGH WATERWAY CONNECTING PAMLICO SOUND AND BEAUFORT HARBOR CARTERET COUNTY, NORTH CAROLINA AUGUST 1995 FINDING OF NO SIGNIFICANT IMPACT MAINTE14ANCE DREDGING WAINWRIGHT SLOUGH WATERWAY CONNECTING PAINLICO SOUND AND BEAUFORT HARBOR CARTERET COUNTY, NORTH CAROLINA SEPTEMBER 1995 Table of Contents Items Page No. 1.00 EXISTING PROJECT DESCRIP"rION AND PROPOSED ACTION ........... 1 2.00 INCORPORATION BY REFERENCE ................................. 1 3.00 PUBLIC AND AGENCY COORDINATION ............................. 1 4.00 RESULTS OF PUBLIC AND AGENCY COORDINATION .................. 3 4.01 NMFS; letter of July 10, 1995................................... 3 4.02 USFWS.................................................... 4 4.03 USEPA; (Telephonic Response) July 14, 1995 ..................... 4 4.04 NCDMF; letter of July 19, 1995. . ................................. 5 4.05 North Carolina Division of Environmental Management (NCDEM); letters of May 11, 1995, and July 19, 1995................................ 5 4.06 North Carolina Division of Coastal Management (NCDCM) ............ 6 4.07 NCWRC. Scoping Response letter of May 4, 1995 .................. 7 4.08 North Carolina Department of Cultural Resources. Scoping letter comments ofMay 18,'1995.............................................. 7 5.00 ENDANGERED AND THREATENED SPECIES ......................... 7 6.00 ENVIRONMENTAL COMMITMENTS ................................. 8 6.01 Cultural Resources ........................................... 8 6.02 Submerged Aquatic Vegetation (SAV) ............................ 8 6.03 North Carolina Coastal Management Program ...................... 8 7.00 ENVIRONMENTAL IMPACTS ....................................... 8 8.00 REFERENCES .................................................. 8 9.00 FINDING OF NO SIGNIFICANT IMPACT (FONSI) ....................... 9 List of Fiqures Figure 1: Locality Map (Waterway Connecting Pamlico Sound & Beaufort Harbor, North Carolina . 2 List of Attachments (Foillows Page 9) Attachment 1: Letters Received During The 30-Day Comment Period. l� i� FINDING OF NO SIGNIFICANT IMPACT MAINTENANCE DREDGING WAINWRIGHT SLOUGH WATERWAY CONNECTING PAMLICO SOUND AND BEAUFORT HARBOR CARTERET COUNTY, NORTH CAROLINA SEPTEMBER 1995 1.00 EXISTING PROJECT DESCRIPTION AND PROPOSED ACTION The project involves changing the method of dredge disposal for the continued as -needed maintenance dredging in the Waterway Connecting Pamlico Sound and Beaufort Harbor at Wainwright Slough. The site is located approximately 5 miles northeast of the Cedar Island Ferry Landing in Carteret County, North Carolina (see Figure 1). The channel is dredged approximately once every three to four years. Historically, dredged material has been placed at the toe -of -the -bank on the channel (east) side of Wainwright Island. Due to the location of this disposal area, the dredged material has quickly returned to the channel. The proposed action is to discharge the dredged material in upland areas on Wainwright Island and direct it overland to the non -channel (west) side of the island. The work will be accomplished in late fall -early winter of each year as needed and completed prior to the April 1 onset of the colonial waterbird nesting season. 2.00 INCORPORATION BY REFERENCE U.S. Army Engineer District, Wilmington. June 1995. Environmental Assessment, Maintenance Dredging, Wainwright Slough, Waterway Connecting Pamlico Sound and Beaufort Harbor, Carteret County North Carolina dated June 1995. 3.00 PUBLIC AND AGENCY COORDINATION During June 1995, the above reference was mailed to Federal and State agencies and the interested public for a 30-day review and comment period. As a result, letters were received from the National Marine Fisheries Service (NMFS); the North Carolina Division of Marine Fisheries (NCDMF); the U.S. Environmental Protection Agency (USEPA); and the North Carolina State Clearinghouse. Copies of the letters received are included as Attachment 1. Telephonic responses were received from the U.S. Fish and Wildlife Service (USFWS) and the USEPA. FlGURE 1 4.00 RESULTS OF PUBLIC AND AGENCY COORDINATION All comments received on the environmetal assessment (EA) were considered in making the decision to sign the Finding of No Significant Impact (FONSI). Pertinent comments from each commentor are summarized and addressed below. 4.01 NMFS: letter of July 10, 1995. COMMENT: The construction and utilization of a diked upland disposal area was not adequately described or considered. The EA should provide the basis for the determination that the habitat needs of waterbirds outweigh the need to maximize avoidance of impact to submerged aquatic vegetation (SAV) habitat. RESPONSE: The EA adequately considers confined upland disposal. The proposed plan is an upland disposal plan which addresses colonial nesting waterbirds, SAVs, and other aquatic resources. Using the low berm, the proposed plan maximizes containment of dredged material to protect SAVs and other aquatic resources. Its removal after disposal minimizes impacts to waterbirds. Construction of a diked upland disposal area would create a water retaining depression that would prevent succession of vegetation essential to colonial waterbird nesting habitat. Audubon prefers disposal that would form a dome of material or other sloping that would prevent ponding of water. Section 4.03 of the EA discussed the proposed construction of a low sand berm along the shoreline and above the mean high water (m.h.w.) line to contain the discharge material and allow solids (sands) to settle and renourish and elevate the island. The low berm would be rebuilt as needed as elevations increase during disposal operations. When disposal is finished, the berm would be graded to prevent ponding. It is anticipated that the berm minimizes impacts to SAVs and other aquatic resources. Additionally, during the onsite scoping meeting held May 3, 1995, the North Carolina Department of Cultural Resources (NCDCR) identified an extensive deposit of prehistoric shell along the eroding western shore of the island (see paragraph 4.08). The NCDCR and the Corps will conduct a survey to assess the extent, location, and significance of the cultural deposits to determine whether the construction of the low retention berm would adversely impact historic resources. To minimize potential impacts to these resources, material to construct the berm can be taken from areas of the island identified as not containing cultural resource deposits or from newly disposed material. 01 COMMENT: NMFS is also concerned that the EA may overstate the tolerance of SAV to burial by dreclged material. While it is true that SAV may tolerate short periods of burial without ill effects, the depth tolerance and duration factors vary from site to site and are not well defined. This argues strongly for the selection of an a.ltemative that avoids this impact rather than risking SAV habitat - loss due to miscalculations on the part of contractors performing the work. If Alternative 1 is to remain the preferred alternative, the EA should address the need for onsite monitoring during construction to ensure that either SAV habitat is avoided or that burial of SAV is within limits specified by the NMFS. RESPONSE: Information on the burial tolerance of SAVs was obtained from the NMFS. As stated in Section 6.02 of the EA, prior to beginning disposal, the NMFS will identily the location and extent of SAVs off the western side of Wainwright Island using recent aerial photography. A base line submeter accuracy SAV map will be compiled using Geographic Positioning (GPS) technology. They will stake a sea grass boundary parallel to the shoreline that will be included in the work site plan (Wood, 1995). Upon completion of the work, a post -construction seagrass inventory and impact assessment will be conducted by the NMFS. This information will be compared with the pre -project data to determine the need for remedial action. If acceptable to the NCDCR, the shoreline retention berm will be constructed to minimize the amount of solid material entering open water that might adversely impact SAVs. The dredging and disposal will be monitored by the U.S. Army Corps of Engineers' dredge inspectors. The Audubon Society has also committed to monitoring the work to ensure that either SAV habitat is avoided or that SAV burial is within limits specified by the NMFS (Golder, 1995). We will work with the NMFS to develop written standards and procedures for monitoring impacts of the disposal operation on SAV. 4.02 USFWS. COMMENT:, The Service is "no-actioning" the EA for disposal of dredged material on Wainwright Island (Hall, 1995). RESPONSE:: Noted. Their response to the project scoping is contained in the EA, Attachment C. 4.03 USEPA; (Telephonic Response Jul 14, 1995 (see Attachment C of the LA-1. (EPA telephonically advised that the comments in their scoping response letter of April 20, 1995, were applicable to the EA.) 4 COMMENT: After examining the information provided in the Corps scoping letter, we conclude that shallow water habitat would be covered with all proposed alternatives. We suggest disposal immediately adjacent the western shoreline within an offshore retention area of sandbags or tubes. It is not clear to us that shallow water habitat is a limiting factor in system functioning; whereas providing some long-term protection to Wainwright Island which is relatively unique has obvious merit. It should be noted that the entire island appears to be at risk from erosional processes; hence, the no -action alternative has its own adverse ramifications. RESPONSE: The suggested alternative would impact more estuarine bottom and likely more SAV than the preferred alternative. Section 6.04 of the EA discussed the ongoing problem of erosion on the island. The USFWS recommended restoration of the island to its original configuration. The Audubon Society is in favor of reclaiming area lost to erosion. The Corps has proposed that the Audubon Society and the North Carolina Wildlife Resources Commission (NC WRC) participate in restoration of the historic limits of the island under the cost sharing procedures of Section 204 of the Water Resources Development Act of 1992. No response has been received to this proposal. 4.04 NCDMF: letter of July 19, 1995. COMMENT: The EA adequately addresses the Division's concerns. To protect the white shrimp that tend to migrate during the fall, dredging should take place only during the November 1 - March 31 time period. RESPONSE: Agreed. Dredging and disposal will be accomplished only during the period November 1 - March 31 of each year. 4.05 North Carolina Division of Environmental Management (NCDEM): letters of May 11, 1995 (Scoping Response. see Attachment C of the EA). and July 19, 1995. COMMENT: (May 11, 1995) We would consider Alternative B to be the least preferred alternative. A large area of shallow bottom habitat would be lost and there are potential significant impacts on submerged aquatic vegetation and other estuarine resources. The combination C/D alternative discussed at the site meeting would entail disposal of the dredged material on the higher sandy portion of the island with the effluent being directed downslope, westward to the water. We feel this alternative could be acceptable provided the material is contained landward of the coastal wetland vegetation line by a sandbag retaining structure. Alternative B is the least preferred alternative. A large area of shallow bottom habitat would be lost and there are potential significant impacts on submerged 5 aquatic vegetation and other estuarine resources. Alternative C would impact a large amount of wetlands, especially if effluent were unconfined. RESPONSE: These comments support the Corps' preferred alternative of upland control -of -effluent disposal. A low sand berm, rather than a sandbag retention dike, wrill be constructed along the shoreline to minimize effluent impacts to coastal wetlands and other aquatic resources. Upon completion of the work, the berm will be graded and sloped to create natural shoreline contours. This will establish a shoreline more suitable to wetland vegetation growth and provide natural habitat beneficial to colonial nesting waterbirds utilizing intertidal areas. COMMENT: (July 19, 1995) DEM endorses the Corp's preferred alternative disposal method for protecting water quality. The project may require a 401 Certification for upland contained disposal areas (WQC #2668), certain maintenance dredging activities in coastal waters (WQC #1332R), and written concurrence frorn DEM. RESPONSE: The application for 401 Water Quality Certification for the proposed project was forwarded by letter dated June 28, 1995. 4.06 North Carolina Division of Coastal Management (NCDCM). COMMENT: We agree with your determination that the proposed activity is consistent with the North Carolina Coastal Management Program, provided the following conditions are met: a. To control effluent runoff at Site D, a low sand berm is to be constructed above the m.h.w. line. This sand berm shall be constructed above the coastal wetlands vegetation line as well. b. A 401 Water Quality Certification is received from the NCDEM. c. An approved sedimentation and erosion control plan is required for the project. This plan must be submitted to the NC Division of Land Resources at least 30 days prior to the onset of work. RESPONSE: As required, the sand berm will be constructed above the m.h.w. line and above coastal wetlands vegetation. Prior to berm construction, a representative of the NCDCM, Morehead City Regional Office, will be requested to identify the coastal wetlands vegetation line for this purpose. An application for a 401 Water Quality Certification was forwarded to the NCDEM on June 28, 1995. At least 30 days prior to construction, a sedimentation and erosion control plan will be filed with the Washington Regional Office of the NC Division of Land Resources. 4.07 NCWRC. Scoping Response letter of May 4, 1995 (see Attachment C of the EA). (No response received to the EA) COMMENT: The Commission believes that the method of disposal which involves control of effluent with discharge directed overtand (Sites C and D) to the open water on the non -channel side (west side) of the island would significantly enhance the island for colonial nesting birds and only minimally impact the shallow water habitat. We agree that toe -of -the -bank disposal would be the least desirable of alternatives that have been discussed. RESPONSE: These comments support the Corps' preferred alternative of upland control -of -effluent disposal. 4.08 North Carolina Department of Cultural Resources. Scoping letter comments of May 18, 1995 (see Attachment C of the EA). COMMENT: We recommend that (based on a May 3, 1995, field inspection) archeological testing be conducted to (a) document the nature, extent, and condition of cultural deposits; (b) evaluate the significance of the deposits with regard to the National Register of Historic Places; and (c) develop, if warranted, an appropriate impact mitigation plan. RESPONSE: The requested survey will be conducted to assess these concerns. 6.00 ENDANGERED AND THREATENED SPECIES Informal consultation was initiated by telephone on March 16, 1995, with the USFWS and the NMFS. The EA stated that the proposed project was not likely to adversely impact any listed endangered or threatened species or their critical habitat. Comments to the contrary were not received from the USFWS or the NMFS or any other recipient of the EA. 6.00 ENVIRONMEN"rAL COMMITMENTS The following commitments must be fulfilled: 6.01 Cultural Resources - A preliminary survey to assess potential project impacts on cultural resources from the proposed work will be conducted on August 16, 1995, by the NCDCR and the Corps. INo work will be undertaken that would adversely impact cultural deposnts. 6.02 Submerged Aquatic Vegetation (SAV) - Impacts to SAVs will be assessed on information compiled by the NMFS. If appropriate, further measures will be taken to minimize adverse impacts to SAV. 6.03 North Carolina Coastal Management Program - Prior to beginning any dredging or disposal activity, coastal wetland vegetation will be identified for avoidance during sand berm construction; a 401 Water Quality Certification will be obtained from the NCDEM; and, at least 30 days prior to beginning work, a sedimentation and erosion control plan will be filed with the NC Division of Land Resources. 7.00 ENVIRONMENTAL IMPACTS Comments received during the coordination of the EA failed to note any additional categories of environmental impacts. 'there are no remaining unresolved issues. 8.00 REFERENCES Hall, Howard, 1995. U.S. Fish and Wildlife Service, Ecological Services, Raleigh, North Carolina. Personal Communication. July 25, 1995. Golder, Walker. 1995. Sanctuary Manager for the National Audubon's North Carolina Coastal Island Sanctuary Program, Wilmington, North Carolina. Personal Communication. May 3, 1995. Wood, Lisa. 1995. National Marine Fisheries Service, Southeast Fisheries Science Center, Beaufort Laboratory, Beaufort, North Carolina. Personal Communication. May 24, 1995. 8 9.00 FINDING OF NO SIGNIFICANT IMPACT (FONSI) The proposed action will not significantly affect the quality of the human environment; therefore, an environmental impact statement will not be prepared. Date: 31/"S' Attachment Robert J. Sperberg Colonel, U.S. Army District Engineer christophcr R. Bowling Major, Ui Amy s. acting Aye XVgkLkr Yixi UNITED STATES DEPARTMENT OF CaMMERCI National Oceanic and Atmospheric Administrati, NATIONAL MARINE FISHERIES SERVICE +ru ci Habitat Conservation Division 9721 Executive Center Drive North St. Petersburg, Florida 33702 July 10, 1995 Colonel Robert J. Sperberg District Engineer, Wilmington District Department of the Army, Corps of Engineers P. O. Box 1890 Wilmington, North Carolina 28402-1890 Attention Ernest Jahnke Dear Colonel Sperberg: The National Marine Fisheries SeL4ice (NMFS) has ,reviewed the Environmental Assessment (EA), Maintenance Dredging, Wainwright Slough, Waterway Connecting Pamlico Sound and Beaufort Harbor, Carteret County, North Carolina, dated June 1995. The proposed project involves changing the method of dredged material disposal for the continued as -needed maintenance dredging in Core Sound at Wainwright Slough northeast of the Cedar Island Ferry Landing in Carteret County, North Carolina. The following comments are provided for your consideration. The EA does not adequately describe or consider the alternative of the construction and utilization of a diked upland disposal area on Wainwright Island. The preferred alternative (Alternative 1) is for unconfined disposal with controlled effluent release back into the water rather than diked confinement in the same area. The discussion of a diked disposal site alternative is brief and incomplete. According to the EA, the National Audubon Society is opposed to the diked upland disposal alternative based on the impact's on colonial nesting waterbird habitat even. though it clearly maximizes avoidance of impacts to submerged aquatic vegetation (SAV) habitat. The EA should incorporate the benefits and impacts of all alternatives and provide the basis for the determination that the habitat needs of waterbirds outweigh the need to maximize avoidance of impacts to SAV habitat. We are also concerned that the EA may overstate the tolerance of SAV to burial by dredged material. While it is true that SAV may tolerate short periods of burial without ill effects, the depth tolerance and duration factors vary from site to site and are not well defined. This argues strongly for the selection of an alternative that avoids this impact rather than risking SAV habitat loss due to miscalculations on the part of contractors performing the work. If it is determined that Alternative 1 is to remain the preferred alterative, the EA should address the need for on -site ® Pcnttd m Recycled Paper monitoring during project construction to ensure that either SAV habitat is avoided or that any burial of SAV is within limits specified by the NMFS. We appreciate the opportunity to provide these comments. cc: FWS, ATLA, GA FWS, Raleigh, NC EPA, ATLA,-GA NCDEHNR, Raleigh, NC NCDEHNR, Morehead City, NC F/SE02 E An4teas Mageo Jr. Assistant Rerdional Director rD State of North Carolina Department of Environment, Health and Natural Resources Division of Marine Fisheries James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Bruce L. Freeman, Director July 19, 1995 Mr. Ernest Jahnke Environmental Resources Section U. S. Army Corps of�Ipngineers Wilmington. District P. O. Box 1890 Wilmington, NC 28402-1890 Dear Mr. Tahnke: Thank you for the opportunity to comment on the- Wainwright Island Spoil Disposal Project Environmental Assessment. The Division's concerns were addressed quite adequately in the document. There is one point, however, that I/failed to mention in my May S. 1995 letter or in subsequent conversations. Wainwright channel is a major migratory route for adult white shrimp in the fall as they make their way around from the mouth of the Neuse River to core sound. Upon further consideration, I do not think the October 1 start date for dredging (which I may have suggested) is appropriate due to the fact that during warmer weather, the white shrimp tend to migrate later in the fall. November 1 through March 31 should_ be the time period in which dredging can take place. I trust this change can be incorporated in actual practice even if not in the assessment document itself. Sincerely, Aaad.C. ry David L. Taylor DLT:rrm cc: Katy West -- Melba McGee P.O. Box 769, Morehead City, North Carolina 28557-0769 Telephone 919-726-7021 FAX 919-726-0254 0 State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management: JamesEL HUM Jr,'Govemor Jonathan EL Howes, Secretary A. Preston Howard, Jr., P.E, Director July '19,1995 To. Melba McGee Through: John DOMM Modica Sveni art From: Greg P&%B Al Subject MainNnnnce Dredging Wainwright slough carte a County EWR 495-0953, DEM: WQ #10993 �� .5-�•.�Y•l� 1 - s The subject document has been review 5d by this office. The Division of Environmental Management is responsible for the issaimce of 'the Section 401Water Quality Certification for activities whirr may impact waters'of the State including wetlands. The following comments are offered in response to tla; EA. L The DEM endom% the COLS preferred alternative disposal method for protecting water 4uality- r � . . :r rr,. � :. rr • 1 .. � r:.. r r . . uw r. r . rr r . t . r.r>:r t'r . b..y •ra r / r.: :�n.r ��, t,ar r.rr n'r ♦` r.0 fa 3. Happroved. thus prnjea may 1e4� a 401 C rff=don issued for certain maintenance dredging activities ini the coastal navigable waters (WQC #1332R), requL&g wnu= concurrence firm DEX The COE is reminded that endorsement of an EA by DEM would not preclude the denial of a 401 Certification upKm application if vired;md. imp= have not been avoided and minimized to the maximum axteut praefcable. Questions regarding the 401 Certification should be directed to Greg Price (733-1786) in DEM's Water Quality Environmental Sriauoes Branch. Ezwkeo med sae m Bnnch • 4401 Reedy Caekc Road Raleigh, Noah Cawrma 27W7 Tel ephone 919-733 9960 FAX 9 733-9959 I. E4m1 �PP�M AD•eezx:e Acd- Ezasarw cos ragcldno% Part aoa®n pxm Mate of North C^Mina Health and Natur lI Resources DNlslon of Coastal Management James B. Hunt, Jr., Govemor Jonathan B. Howes, Secretary Roger N. Schecter, D(rector August 22, 1995 Colonel Robert J. Spce=g U.S. Anny tbrps of Engineers Wilmington District P.O. Box 1890 Wilmington, NC 28402-IM REFERENCE: CD95-16 EA Maintenance Dredging Wainwright Slough (Modification of Disposal Method) Dam' Colonel Sperberg: The State of North Carolina has camph*d its review pursuant to 15 CFR 930 Subpart C- Consistency for Federal Activities, of Ote reftrertced dota anent, dated Jane, 1995. for the proposed maintenance dredging of Wainwright Slough with disposal an Wainwright Island, The combination CJD disposal alternative discussed at the she meeting in May is to be employed, with dispasat of the dredged material on the higher sandy pardon of the island and the eIDuent being directed downsrope. westward towards the ware. Based upon our review. we agree with your deternination that the propossd activity is consistent with the North Carolina Coasal Management Program. provided ft following editions am met I. To COnhol eMaent runoff at Site D. a low sand berm is to be censuycsed above the mean high water line This sand berm shall be constructed above the coastal wetlands ve'getatirm line as well. 2. A 401 Water tluatity C=tVication is received from the NC Division of Environmental Management 3. An approved xdraenmdon and erosion control plan is nequrted for the projea. This plan mud be submitted to the NC Division of Land Resources at least 30 days prior to the onset of wa& ff yen have any grestioaa rcgn&g cur finding er conditiortx.pk= Contact Steve Horton or Carotfne BQls. Division Of Coastal Managein= at (919)733-2293.. M=k you for your maidwafion of the Nerlh Careiina Coastal M8t>agement Prograin. Sincerely. Charles Jones. Division of Coastal Management, Morehead City Melba McGee. Policy and Developotet Chrys BaggeM NC State Clearinghoasa Pattidc McClain. Division of Land RAwuras Jim Gregson, Division of Envirotmrmtal Managanent Ernest Mink% US Army Carps of Engineers. Wilmington District P.O. Box 27687, Rdelgh, Notch CaroEtq 27611-7687 Telvptwne 919.733-2293 FAX 919-733-1495 An Equal OpPattffffY Atilfmahl a Action aVayef Sfi9G recycled/ I OX Pod-O& a mar Paper Attachment F — 2006 CAMA Consistency Determination �� A�_ NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor William F. Adams, Chief Environmental Resources Section Wilmington District Office US Army Corps of Engineers P.O. Box 1890 Wilmington, NC 28402-1890 Charles S. Jones, Director September 2, 2006 William G. Ross Jr., Secretary SUBJECT: CD06-042 - Consistency Concurrence for the Proposed Maintenance Dredging of Wainwright Slough and Reestablishment of Wainwright Island, Carteret County (DCM#20060061) Dear Mr. Adams: The Division of Coastal Management received (July 10, 2006) a consistency determination from the U.S. Army Corps of Engineers (Corps) finding that the proposed maintenance dredging of Wainwright Slough and reestablishment of Wainwright Island in Carteret County would be consistent with the State's coastal management program. According to the project description the Corps proposes to reestablish Wainwright Island to approximately size of 16-19 acres (approximately 9 feet high with 1:20 slopes). The project will involve the direct discharge of dredged material below the plane of MHW until enough high ground is established. Once this is accomplished discharge will be conducted consistent with the 1995 EA/FONSI (CD95-16). North Carolina's coastal zone management program consists of, but is not limited to, the Coastal Area Management Act, the State's Dredge and Fill Law, Chapter 7 of Title 15A of North Carolina's Administrative Code, and the land use plan of the County and/or local municipality in which the proposed project is located. It is the objective of the Division of Coastal Management (DCM) to manage the State's coastal resources to ensure that proposed Federal activities would be compatible with safeguarding and perpetuating the biological, social, economic, and aesthetic values of the State's coastal waters. To solicit public comments, DCM circulated a description of the proposed project to State agencies that would have a regulatory interest. No comments asserting that the proposed activity would be inconsistent with the State's coastal management program were received. The comments received have been attached for reference. DCM has reviewed the submitted information pursuant to the management objectives and enforceable policies of Subchapters 15A NCAC 07H and 15A NCAC 07M of Chapter 7 of Title 15A of North Carolina's Administrative Code which are a part of the State's certified coastal management program 400 Commerce Avenue, Morehead City, North Carolina 28557-3421 Phone: 252.808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity1 Affirmative Action Employer — 50% Recycled \ 10! Post Consumer Paper and concurs that the proposed Federal activity, as conditioned below, is consistent, to the maximum extent practicable, with the enforceable policies of North Carolina's coastal management program. In order to be found consistent with North Carolina's coastal management program, DCM requires that dredging operations not: be undertaken from April I" to Sept 301h of any year to Protect the migration of white shrimp unless agreed to by the North Carolina Division of Marine Fisheries. The "Finding of No Significant lmpactforMaintenance Dredging, Wainwright Slough, Waterway Connecting Pamlico South and Beaufort Harbor, Carteret County, North Carolina" (August 1995) accepted the requirement not to dredge from November 1st through March 3151 of any year. • In order to be found consistent with ,Yorth Carolina's coastal management program, DCM requires that dredging and disposal operations be conducted consistent with th8 North Carolina Division of Water Quality ,101 Water Quality Certification (#061064) issued on July 28, 2006. The North Carolina Wildlife Resources Commission (NCWRC) requests that dredging operations be avoided, if possible, during the colonial bird nesting period of April I" to August 31" of any year. Additionally, the NCWRC requests, if possible, that the reestablished slope of Wainwright Island be in the range of 1:25 through 1:30 rather than the proposed 1:20 to further facilitate bird nesting. Should the proposed action be modified, a revised consistency determination could be necessary. This might take the form of either a supplemental consistency determination pursuant to 15 CFR 930.46, or a new consistency determination pursuant to 15 CFR 930.36. Likewise, if further project assessments reveal environmental effects not previously considered by the proposed development, a supplemental consistency certification may be required. If you have any questions, please contact Stephen Rynas at 252-808-2808. Thank you for your consideration of the North Carolina Coastal Management Program. Cc: Charles S. Jones, Division of Coastal Management Maria Tripp. NC Wildlife Resources Commission Noelle Lutheran. NC Division of Water Quality Mike Street, NC Division of Marine Fisheries Tere Barrett, Division of Coastal Management Sincerely, Doug Huggett Manager, Major Permits and Consistency Unit Page: 2 AeM NC®ENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, -Governor Charles S. Jones, Director William G. Ross Jr., Secretary MEMORANDUM July 13, 2006 TO: John Fear NC National Estuarine Research Reserve 400 Commerce Avenue Morehead City, NC 28557-3421 FROM: Stephen Rynas, AICP; Federal Consistency Coordinator SUBJECT: Consistency Determination Submission for the Proposed Maintenance Dredging of Wainwright Slough and Reestablishment of Wainwright Island (DCM#20060061) LOCATION: . Wainwright Island, Northeast of Cedar Island and Southwest of Portsmouth Island, Core Sound, Carteret County, North Carolina The above listed document is being circulated for review and comment by August 4, 2006. Your responses will assist us in determining whether the proposed project would be consistent with the State's Coastal Management Program. If the proposed project does not conform to your requirements, please identify the measures that would be necessary to bring the proposed project into conformance. If you " have any additional questions regarding the proposed project you may contact me at 252-808-2808 or e-mail me at: " stephen.rynas@ncmail.net". REPLY No Comment. This office supports the project as proposed. Comments to this project are attached. This officeobjectsto the project as proposed. Signed: ��)) Al Date: =��n CORRECTIONS Please identify any corrections, additions, or deletions that should be made in terms of contact information. RETURN COMPLETED FORM to Stephen Rynas, Federal Consistency Coordinator NC Division of Coastal Mana.gement 400 Commerce Avenue Morehead City, NC 28557-3421 ._ ►_ NCDENgR G n North Carolina Department of Environment and Natura esour es Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director M 7tY�ti��G�. Ross Jr. Secretary Ufa' as City DCN1 MEMORANDUM July 13, 2006 TO: Bonnie Divibo DCM - Coastal Engineer •DCM - Raleigh Office 1638 Mail Service Center Raleigh, NC 27699-1638 FROM: Stephen Rynas, AICP; Federal Consistency Coordinator SUBJECT: Consistency Determination Subm:.ssion for the Proposed Maintenance Dredging of Wainwright Slough and Reestabli;hment of Wainwright Island (DCM#20060061). LOCATION: Wainwright Island, Northeast of Cedar Island and Southwest of Portsmouth Island, Core Sound, Carteret County, North Carolina The above listed document is being circulated for review and comment by August 4, 2006. Your responses will assist us in determining whether the proposed project would be consistent with the State's Coastal Management Program. If the proposed project does not conform to your requirements, please identify the measures that would be necessary to bring the proposed project into conformance. If you have any additional questions regarding the proposed project you may contact me at 252-808-2808 or e-mail meat: "stephen.rynasClncmail.net". REPLY L_ � No Comment. This office supports the project as proposed. Comments to this project are attached. This office objec s to the project as proposed. Signed: U/ L. Date: CORRECTIONS Please identify any corrections. additions, or deletions that should be made in terms of contact information. RETURN CO.VPLETED FORM to Stephen Rynas. Federal Consistency Coordinator NC Division of Coastal Nfanagement 400 Corrmerre Avenue Morehead Ci':y. NC 28557-3421 AL,r NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley,'Governor Charles S. Jones, Director William G. Ross Jr., Secretary MEMORANDUM July 13, 2006 TO: Maureen Will Planning DCM Morehead City Office 400 Commerce Avenue Morehead City, NC 28557-3421 FROM: Stephen Rynas, AICP; Federal Consistency Coordinator SUBJECT: Consistency Determination Submission for the Proposed Maintenance Dredging of Wainwright Stough and Reestablishment of Wainwright Island (DCM#20060061) LOCATION: Wainwright Island, Northeast of Cellar Island and Southwest of Portsmouth Island, Core Sound, Carteret County, North Carolina The above listed document is being circulated for review and comment by August 4, 2006. Your responses will assist us in determining whether the proposed project would be consistent with the State's Coasuit Management Program. If the proposed project does not conform to your requirements, please identify the measures that would be necessary to bring the proposed project into conformance. If you have any additional questions regarding the proposed project you may contact me at 252-808-2808 or e-mail me at: "stephen.rynas@ncmail.net". REPLY No Comment. This office supports the project as proposed. Comments to this project are attached. his office objects t the project as proposed. fit, � c, c�� 0bo Signed: Date: CORRECTIONS Please identify any corrections, additions, or deletions that should be made in terms of contact information RETURN COMPLETED FORM to Stephen Rynas. Federal Consistency Coordinator NC Division or Coa>tal NlanaPment 400 Commerce Avenue Morehead City. NC 28557-3421 r N'C®ENR North Carolina Department of Environment and Natural Michael F. Easley, Governor Division of Marine Fisheries William G. Ross Jr., Secretary MEMORANDUM TO: Stephen Rynas Federal Consistency Co rdinator FROM: Mike Streek� DATE: July 21, 2006 -�6+V-41,,� 74c. 7y 004! SUBJECT: Consistency - 'Proposed Maintenance Dredging of Wainwright Slough and Reestablishment of Wainwright: Island DCM # 20060061 / Carteret County Attached is the Divisions' reply for the above referenced project. If you have any questions, please do not hesitate to contact me. MS/sw 3441 Arendell Street, P.O. Box 769, Morehead City, North Carolina 28557 One Phone: 252 726-7021 1 FAX: 252 727-51271Internet: www.ncdmf.net NorthCarollina An Equal opportunity/ Affirma live Action Employer-50 % Recycled \ 10%post Consumer Paper Nlltimallf ,A1 NC®ENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley,,Governor Charles S. Jones, Director William G. Ross Jr., Secretary MEMORANDUM July 13, 2006 TO: Mike Street { I NCDENR' Division of Marine Fisheries P.O. Box 769 I Morehead City, NC 28557-0769FROM: Stephen Rynas, AICP; Federal Consistency Coordinator SUBJECT: Consistency Determination Submission for the Proposed Maintenance Dredging of Wainwright Stough and Reestablishment of Wainwright Island (DCM#20060061) LOCATION: Wainwright Island, Northeast of Cedar Island and Southwest of Portsmouth Island, Core Sound, Carteret County, North Carolina The above listed document is being circulated for review and comment by August 4, 2006. Your responses will assist its in determining whether the proposed project would be consistent with the State's Coastal Management Program. If the proposed project does not conform to your requirements, please identify the measures that would be necessary to bring the proposed project into conformance. If you have any additional questions regarding the proposed project you may contact me at 252-808-2808 or e-mail me at: "stephen.rynas@ncmail.net". j REPLY No Comment. This office supports the project as proposed. Comments to this project are attached. This office objects to the project as proposed. Signed: &1," (�^-l. t A�,- ' x �� Date: LD 0 CORRECTIONS Please identify any corrections, additions, or deletions that should be made in terms of contact information. RETURN COMPLETED FORM to Stephen Rynas, Federal Consistency Coordinator NC Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557-3421 APPENDIX G - Statement of Project Support From the National Audubon Society RATudubOn NORTH CAROLINA December 6, 2016 Robert Neal, P.E. Moffatt & Nichol 272 N. Front Street, Suite 204 Wilmington, NC 28401 Re: Wainwright Island Dear Mr. Neal, 7741 Market Street, Unit D Wilmington, NC 28411-9444 Tel: g10-686-7527 Fax:9ro-686-7587 www.ncaudubon.org www.audubon.org The National Audubon Society is aware of Carteret County's plans to dredge approximately 40,000 CY of sand from Wainwright SIough in Pamlico Sound. We are also aware that the County proposes to place the material on or adjacent to Wainwright Island, which is owned and managed by the National Audubon Society. The National Audubon Society supports the initiative to use the dredge material to enhance bird nesting and foraging habitat on Wainwright Island We may provide additional comments pertaining to the project after review of the detailed plans and permit application. I understand that National Audubon Society will be provided 30 calendar days to provide any additional comments from the time Carteret County provides a copy of the submitted application to the Audubon Society. Please do not hesitate to contact me if you have questions or concerns. Sincerely, Walker Golder Director, Atlantic Flyway Coast Initiative APPENDIX H — Submerged Aquatic Vegetation (SAV) Survey C Submerged Aquatic Vegetation Survey Report Wainwright Slough, NC Presented to: Carteret County December 8, 2016 Prepared by: ®®®q moffott & nichol 4700 Falls of Neuse Road, Suite 300 Raleigh, NC 27609 Submerged Aquatic Vegetation Survey Report Table of Contents 1. Introduction ....................................................................................................................................3 2. Methodology...................................................................................................................................5 3. Results and Discussion ....................................................................................................................6 4. Summary...........................................................................................................................................8 5. References .................................................................................................................... 9 Moffatt & Nichol I Page 2 4uu efgeo Aquauc ve&gLavon DUrve,Y, KeporC �Q:IYIri(9l4POiF1• 1. Introduction Carteret County intends to dredge approximately 30,500 cubic meters (40,000 cubic yards) of material from the federally authorized channel of Wainwright Slough, Ranges 2, 2A and 3, near Cedar Island, south Pamlico Sound (Figure 1; Map 1 Appendix). Dredged sediment will be placed on the adjacent Wainwright Island. The project will restore navigation depths to the authorized channel for recreational boating and commercial fishing vessels. The channel will be dredged to -7 MLLW with an additional 0.6 meters (2 feet) of overdepth tolerance, resulting in a maximum depth of disturbance down to -9 MLLW. The project maintains compliance with the federal authorization for the channel. The sediment placement will be used to help create nesting and foraging bird habitat by open placement of the material adjacent to Wainwright Island. Sediment placement will occur over a maximum footprint of 4.2 hectares (10.5 acres) up to an elevation matching the existing Wainwright Island. The slopes and grades of the material placement will be constructed to encourage nesting and foraging bird activities to the extent reasonable. Figure is Project Location Map Moffatt & Nichol was contracted to perform a submerged aquatic vegetation (SAV) survey in the general vicinity of the 33 hectare (81.6-acre) disposal site (Wainwright Island). Protocols used for this study were provided by and discussed with the North Carolina Division of Coastal Management (Gregg Bodnar) and NOAA Fisheries Habitat Conservation Division (Ken Riley) prior to sampling. State and federal resource agencies required the survey as a measure to help identify potential impacts the project may create for any existing SAV within the proposed work areas. Moffatt & Nichol I Page 3 Submerged Aquatic Vegetation Survey Report Site Description Wainwright Island is a small dredge spoil island that is constantly subject to wave action and erosion. The island is inundated much of the time with only a small portion of land (less 46 square meters [Soo square feet]) currently remaining above the water. The small remnant island is dominated by Spartina olterniflora. Signs of bird use were evident as central areas of the island were trampled and covered in guano; no species were noted during this sampling period. Pamlico Sound is one of the largest estuaries in the United States (NCSU 2016). Offshore waters support a diverse recreational and commercial fishery, with species such as red drum, speckled trout, blue crab, oysters, and other shellfish often found in abundance. Fishing activity was noted in the project area during the time of this study as evidenced by the presence of two pound nets extending across the island. Although a detailed fishery assessment was not part of this study, mullet and cow nose rays were observed while snorkeling in the area. Moffatt & Nichol I Page 4 2. Methodology A Geographic Information System (GIS) mapping exercise was conducted to determine potential locations of existing SAV based on high -resolution imagery. GIS was also used to establish the sampling regime for this study. Transects were established in a north/south direction every 100 meters to coverthe 32.4-hectare (80- acre) area of interest, for a total of ten transeds. Sampling locations were placed every 50 meters along each transect. In areas of known SAV presence based on aerial imagery, transects were placed every 50 meters. Starting points forthe sample transeds were randomly selected. In total, there were 87 sampling locations established for field reconnaissance. Percent cover and shoot density were the main SAV parameters noted in the survey. At each sampling location, a metal garden rake was used to determine presence or absence of SAV. If SAV was found, three 0.25-square-meter quadrats were randomly placed within the SAV beds and percent cover was estimated. All SAV species in the quadrat were identified, shoots were counted, and other features in the area were noted, including presence of shell or floating SAV debris. The depth of the water at each sampling location was surveyed with a marked PVC pole. A water quality sampling device (YSI Model 556) was used to sample water quality parameters (e.g. dissolved oxygen, pH, salinity, and temperature) at the beginning of sampling effort. Pictures were taken to characterize the site and provide photographic evidence of SAV presence. Data collected in the field included: • Survey date and time • Location (latitude and longitude) • Surveyors name • Wind speed/direction • Turbidity • Tidal stage and tendency (i.e., flood or ebb) • Species present/absent • Percent cover • Shoot density • Sediment type • Depth • Other prominent features (e.g. pound nets, shell presence) Moffatt & Nichol I Page 5 Submerged Aquatic Vegetation Survey Report 3. Results and Discussion The SAV survey was conducted on September 21, 2016 by Moffatt & Nichol, with assistance from the North Carolina Division of Coastal Management. Weather conditions were favorable throughout the entire sampling period. Wind speeds were less than 5 mph out of the northeast and the day was mostly overcast with storms to the north and east of the site. There was high turbidity in the Sound with approximately 0.3- meter (one -foot) of visibility during the sampling period. The tide was low in the morning and rising throughout the sampling period; however the tidal range in this area is less than 1 meter (3 feet) and did not affect sampling activities. The sampling regime (Map 2-Appendix) was loaded into a Trimble Global Positioning System (GPS) unit (Geoexplorer 2008) that was used to direct the captain along transect lines to sampling points. At each location, one person raked the bottom 3-4 times to feel for seagrass presence, one person used a PVC measuring pole to conduct depth measurements, and the GPS location was marked. A majority of locations were sampled from the boat. Presence or absence of SAV noted on aerial imagery and from raking sites was confirmed through snorkeling surveys. Five locations contained SAV [G24, F2-3); however, only 1-2 shoots (<I% cover) were found in only five quadrats sampled from those locations (Map 3-Appendix). Shoal grass (Halodule wrightii) was the only species noted. The shoots encountered were not growing and had senescent leaves (Figure 2). All other sample areas had no signs of seagrass when raking from the boat. While snorkeling to sample, reconnaissance revealed sparse presence of H. wrightii. One patch of eel grass (Zostera marina) that found growing out of an eroded piere of marsh mud platform that seem to have come from the adjacent island (Figure 2). There was floating H. wrightii in some of the sampling locations but this would be expected, as there are records of large SAV beds to the east and west of the site (See Map 2-Appendix). Collected data is summarized and available in the Appendix. Figure 2: Example of H. wrightii found at sampling locations near the remnant Wainwright Island. The sediment in most cases was sandy, with some areas of mud that may have been remnants of a nearby marsh platform. While raking some locations there was loose shell material as part of the benthic material. Upon inspection, oyster shell was the prominent loose material type. Some depressions in the sand had detrital SAV, mainly H. wrightii that had settled. No rhizomes were found in the quadrats in the sample area or in sites noted during reconnaissance surveys near Wainwright Island. Substrate conditions do not appear to be a limiting factor in seagrass establishment. Species such as Halodule wrightii can be found on a wide variety Moffatt & Nichol I Page 6 -� -- �auuu�ci.�culiyutlLlC .KegeSdL10A.,uruey-iepo.rt.. ofsubstratesmnging-from-silty-mud-tozourses- dwithvaryingamounts-ofrnud.-Mosrbed-maintenance and new shoot production probably occurs through rhizome elongation irrespective of substrate conditions. There were no anomalous results in this snapshot of water quality data that would indicate any reason for seagrass absence (Table 1 provides summary data of water temperature, dissolved oxygen, pH, and salinity). For the most part, conditions in the study area are conducive to supporting seagrasses. Optimum temperatures for H. wrightii are similar to those of Thalassia, and range between 20 — 30oC (Phillips 1960), well within the range of temperatures at the time of this survey (26oC). Halodule has been reported in abundance in salinities ranging from 12.0 - 38.5 ppt (Phillips 1960) — in line with the 21.3 ppt noted at the site. The pH of water at the time of the survey does not appear to be a limiting factor and is only relevant with respect to the plant's Table I: Water quality data collected Wainwright Slough, NC Date/Time 9/21/16 10:30am Water 26 temperature ("C) Dissolved oxygen 89.3 PH 6.21 Salinity (ppt) 21.6 ability to conduct photosynthesis; leaves of seagrasses have a low capacity for extracting inorganic carbon under normal pH and salinity conditions, with photosynthesis limited by the availability of inorganic carbon under various light conditions (Beer and Koch 1996). Moffatt & Nichol I Page 7 Submerged Aquatic Vegetation Survey Report 4. Summary In summary, SAV presence was virtually non-existent in the sampling area around Wainwright Island. Only 1- 2 shoots (<1%cover) were found in five quadrats sampled during this investigation. There is no obvious explanation for why SAV growth is limited in this portion of Pamlico Sound. About 90,000 hectares of marine bottom are dominated by Halodule in Core and Pamlico Sounds in North Carolina, where Halodule occurs away from the main body of its distribution farther south. The species is common in Texas and Florida (and the Caribbean) but does not extend any farther north than Cape Hatteras (Ferguson et at 1993). Seagrass distribution in the targeted study area may be affected by factors that affect seagrass composition and distribution throughout its range including turbidity or sediment load in the water column and the cumulative effect of increased turbidity and dredging and spoil disposal, boat propeller scarring, and shrimp trawling. Based on t he results of this analysis, SAV populations are not expected to be impacted by proposed dredging in Wainwright Slough and subsequent material placement on Wainwright island. Moffatt & Nichol I Page 8 zkuomergea Aquatic Vegetation Survey Report Carteret County 5. References Beer S, Koch E. 1996. Photosynthesis of marine macroalgae and seagrasses in globally changing CO2 environments. Marine Ecology Progress Series 141: 199-204 Ferguson, Randolph L., B.T. Pawlak, L.L. Wood, 1993. Flowering of the seagrass Halodule wrightii in North Carolina, USA. Aquatic Botany, Volume 46, Issue 1, Pages 91-98 NC State University. 2016. Coastwatchhttps:Hncseagrant.ncsu edu/coastwatch/previous issues/2012 2/summer-2012/the-Pamlico-sound-fishing-gem-of northcarolina/. Accessed November 28, 2016. Phillips RC. 1960. Observations on the ecology and distribution of the Florida seagrasses. Professional Paper Series No. 2. Florida State Board Consery Mar Lab, St. Petersburg, FL. Appendices Moffatt & Nichol I Page 9 Submerged Aquatic Vegetation Survey Report Map Appendix Map I: SAVSurveyLocation Map 2: Sampling Regime, including transects and sampling locations Moffatt & Nichol I Page 10 arteret County Map 3: Field -sampled Survey Points and Survey Results Moffatt & Nichol I Page 11 Submerged Aquatic Vegetation Survey Report Carteret County Photo Appendix Photo 1: Remnant of Wainif right Tsiand r•am the channel looking east. Note f VC poles marking pound net. Photo 3: Remnant patch of Wainwright Island. Existing channel to the right of this photo. Moffatt & Nichol I Page 12 1 suameig an Aquaur vegetation suncey Hepor[ Photo 3: Zostera clump found growing on remnant marsh platform. Moffatt & Nichol I Page 13 Submerged Aquatic Vegetation Survey Report Raw Data Appendix Crew: Meg Gcecker, Adam E Gregg Bodnar, Captain Billy e: AO" reline: remnants of Wainwright Island near channel Temp (oQ: 26 DO & PH: 89.3; 6.21 Wind Speed/direction:<Smph / NE Salinity (ppt): 21.6 Transect Picture depth Ii, pt Time a (m) Tide level: Low tide and rising during_ sampling % Cover by species (Zm, Hw, Rm) Turbidity: High turbidity, no Secchi taken Notes sand A10 9.32 1.2 A9 9.35 1 sand A8 A7 9.35 t sand sand 9.36 0.9 A6 9.38 0.86 sand AS 9.4 0.92 sand A4 9.41 1.1 sand A3 9.42 1.15 ' sand A2 9.44 1.3 sand Al 9.46 I.25 sand BS 9.52 1.4 sand 82 9.53 1.4 sand 03 9.54 1.5 sand, shell, muddy- break through hardpack 84 9.56 1.4 muddy, shell 85 9.58 1.3 muddy, sand B6 9.59 0.8 sand B7 30 0.9 sand B8 10.01 1 sand B9 10.02 1.1 sand B10 10.03 1.2 sand C9 10.05 1.1 sand C8 10.06 0.9 sand C7 10.07 0.8 sand C6 10.09 0.8 sand CS 10.11 0.8 sand C4 10.12 1.3 sand, shell Moffatt & Nichol I Page 14 Y2geFe,SL4l�.41r-.YY-L�ep4.Ci.���rentaa:an.[n��nn�• �_.- ' .. � w= - -Transect-, tt, pt _ -, Time -Picture; • `.._ It, -.-depth-,- ; •.(m) ---;7%cover byspecles " -' (Zm, Hw;.Rm) -- ---; • -•-- -"„- Notes C3 10.14 1.4 sand, shell C2 10.15 1.5 sand/mud, shell C1 10.17 1.6 can't reach, pound net- GPS pt. 01 10.18 1.7 can't reach D2 10.19 1.7 can't reach D3 10.2 1.25 sand/mud, shell D4 10.21 1.2 sand DS 10.22 1 sand, shell 06 10.23 0.9 duck blind GPS, sand 07 10.24 0.7 sand D8 10.26 0.8 sand D9 10.27 1 sand E9 10.31 0.9 sand, grass floating F9 10.33 0.8 sand G9 10.34 0.8 sand, shell G10 10.35 0.9 sand/mud, shell H9 10.38 0.8 sand 110 10.39 0.8 sand 19 10.4 0.9 sand 18 10.41 1 sand 17 10.43 1.2 sand 16 1.2 sand, shell a lot 15 10.46 148-048 1.2 sand, shell 14 10.47 483 1.2 sand, shell, soft bottom 13 10.49 1.2 sand, close to marsh island - Spartina scarp 12 10.52 484-487 1.6 muddier, can't reach with rake 11 10.52 489-490 1.8 can't reach 11 10.55 1.6 sand, course, Hw floating blades 12 10.56 7.6 feet can't reach G1 11.04 5 feet can't reach G2 11.19 1.1 0 0 <I% Hw single shoot, patch through transect. Very sparse Moffatt & Nichol I Page 15 Submerged Aquatic Vegetation Survey Report Transact It, Pt Time Picture K depth (m) % Cover by species Qm, Hw, Rm) Notes G3 11.22 1.2 0 0 <1% Hw sandy layer with shell below G4 11.3 1.1 0 0 <3% Hw single shoot F4 11.35 1 0 0 0 sand F3 11.39 1.2 <3% Hw 0 0 two shoots Hw F2 11.41 1.1 0 <3% Hw 0 in pound net lead F5 11.56 1.2 sand, seagrass detritus raked from bottom E5 11.57 1.5 sand, shell E6 1.4 sand, shell F6 12.01 1.1 sand, seagrass detritus raked from bottom F7 12.02 1.1 sand, seagrass detritus raked from bottom E7 12.04 1.2 sand E8 12.06 1.1 sand, detritus, picture of mud FS 22.08 1.1 sand FB.S 12.1 1 sand Ei3.5 12.12 1.3 sand Moffatt & Nichol I Page 16 ATTACHMENT I — Essential Fish Habitat (EFH) Assessment Essential Fish Habitat Assessment for Channel Dredging and Wainwright Slough Dredge Placement Project Carteret County, North Carolina Prepared for: Carteret County Submitted to: National Oceanic and Atmospheric Administration Fisheries December 6, 2016 Prepared by: ,,,' moffatt & nichol 4700 Falls of Neuse Road, Suite 300 Raleigh, NC 27609 Essential Fish Habitat Assessment Table of Contents 1. Introduction ............................. 1.1 Site Description ..................... 1.2 Project Description ................ ........................................................................................1 ........................................................................................ 2 ......................................... 2 2. Description of Alternatives.......................................................................................................... 3 2.1 Alternative 1: No Action............................................................................................................3 2.2 Alternative 2: Applicant's Preferred Alternative — Maintaining navigability and restoring WainwrightIsland.....................................................................................................................3 3. Essential Fish Habitat..................................................................................................................3 3.1 Habitat Elements.......................................................................................................................3 3.1.1 Estuarine Emergent Wetlands...............................................................................................5 3.1.2 Submerged Aquatic Vegetation/Seng►ass..............................................................................5 3.1.3 Aquatic Bed (Tidal Freshwater)..............................................................................................6 3.1.4 Estuarine WaterColumn/Creeks............................................................................................6 3.1.5 Primary Nursery Areas...........................................................................................................7 4. Managed Species.........................................................................................................................7 4.1 SAFMC, MAFMC, and NMFS-managed Species........................................................................7 4.1.1 Black Sea Bass (Centropristis striata)..............................................................................9 4.1.2 Bluefish............................................................................................................................9 4.1.3 Butterfish (Peprilus trioconthus).....................................................................................9 4.1.4 Summer Flounder (Paralichthys dentatus).....................................................................9 4.1.5 Penaeid and Rock Shrimp (Penaeus spp. and Sicyonia spp.)..........................................9 4.1.6 Snapper Grouper Management Group.........................................................................10 4.1.7 Coastal Migratory Pelagics............................................................................................10 4.1.8 Highly Migratory Species..............................................................................................10 4.1.9 Spiny lobster.................................................................................................................10 4.2 ASMFC-managed Species........................................................................................................11 4.3 NCDEQ-DMF ............................................................................................................................11 5. Potential Impacts to EFH...........................................................................................................11 5.1 Short-term and Temporary Impacts........................................................................................12 Moffatt & Nichol I TOC [»cuuai rnn ria uiw�r�aaomiicm m •�• — 5 22-Per-manent and-Long-tefm-impac-ts....... .......................................................................... ........'� 5.3 Managed Species Effects Determination................................................................................13 5.3.1 NCDEQ-DMF Managed Species impacts.......................................................................15 6. Summary....................................................................................................................................15 7. Reference..................................................................................................................................16 Moffatt & Nichol I TOC Essential Fish Habitat Assessment 1. Introduction Carteret County intends to dredge approximately 40,000 cubic yards (CY) of material from the federally authorized channel of Wainwright Slough, Ranges 2, 2A, and 3, near Cedar Island, south Pamlico Sound (Figure 1) in North Carolina. The purpose of this document is to assess impacts to essential fish habitat (EFH) resulting from the projects Preferred Alternative, which includes placement of dredged sediment on the adjacent Wainwright Island. The project will restore navigation depths to the authorized channel for recreational boating and commercial fishing vessels. Fig" 1: Project Location Map The Magnuson -Stevens Fishery Conservation and Management Act (16 USC 1801 et seq.) requires the US Secretary of Commerce to develop guidelines assisting regional fisheries management councils on the identification and creation of management and conservation plans for EFH. Each council is required to amend existing fisheries management plans (FMP) to include EFH designations and conservation requirements. The act also requires federal agencies to consult with the Secretary of Commerce on all actions, or proposed actions, authorized, funded, or undertaken by the agency that might adversely affect EFH. All EFH is defined as "those waters and substrate necessary to fish for spawning, breeding, feeding, or growth to maturity" (16 USC 1802(10)). "Waters" include aquatic areas and their associated physical, chemical, and biological properties that are used by fish and may include aquatic areas historically used by fish where appropriate. "Substrate" includes sediment, hard bottom structures underlying the waters, and associated biological communities. "Necessary' means the habitat is required to support a sustainable fishery and the managed species' contribution to a healthy ecosystem. "Spawning, breeding, feeding, or growth to maturity" Moffatt & Nichol I Page 1 ssenIlal rlsn riaoitai Nssessmenr kj anyls 2 giram coven a species' full life cycle. The designation of EFH is required only for species or species units for which councils have developed FMPs. 1.1. Site Description Carteret County is in southeastern North Carolina within the Tidewater Region of the Atlantic Coastal Plain physiographic province. Topography in the area consists of nearly level and gently sloping land that drains primarily into Pamlico Sound, one of the largest estuaries in the United States (NCSU 2016). Wainwright Slough is approximately five miles northeast of the Cedar Island Ferry Landing in Carteret County. The channel connects Pamlico Sound and Beaufort Harbor, and Wainwright Slough serves as a conduit for passage of commercial and recreational anglers between Beaufort Harbor and Pamlico Sound (Figure 1). The survey area established for this study in which EFH habitat has been investigated is a 100-acre area encompassing the potential dredge disposal site (Wainwright Island) and adjacent waters immediately surrounding the island. Wainwright Island is a small dredge spoil island that is constantly subject to wave action and erosion. The island is inundated much of the time with only a small portion of land (less than 500 square feet) currently remaining above water. The small remnant island is dominated by Sportina olterniflora. 1.2. Project Description The proposed action responds to the following underlying needs: • Budget shortfalls in the USACE navigation maintenance program have led to significant shoaling of Wainwright Slough due to no recent maintenance activities within the channel. • Wainwright Slough has become impassible in some areas by commercial and recreational vessels. There are potential economic, health, and safety impacts as a result. • Wainwright Slough is the only marked navigable route for local fishing vessels in this area of Pamlico Sound. The project was authorized under the River and Harbor Act of 1899 (amended August 30, 1935). The channel was originally dredged in 1935. Fifteen documented maintenance activities occurred in portions of the channel through 1968, with occasional maintenance dredging occurring after 1968 on an as -needed basis (USACE 1995a). The channel historically was dredged approximately once every three to four years, but due to budget shortfalls in the US Army Corp of Engineers (USACE) navigation maintenance program, the channel has not been dredged for many years. Historically, dredged material has been placed at the toe -of -the -bank on the channel (east) side of Wainwright Island. Due to the disposal area's location, dredged material tends to return to the channel in a relatively short amount of time. Historically, scoping and permitting requirements for Wainwright Slough were managed and completed by the USACE Wilmington District - South Atlantic Division, and culminated in an Environmental Assessment (EA) dated June 1995. A Finding of No Significant Impact (FONSI) for Maintenance Dredging at Wainwright Slough was issued in August 1995 (USACE 1995b). The EA and associated FONSI covered the action to place dredge material on the island's non -channel side. Moffatt & Nichol I Page 2 Essential Fish Habitat Assessment 2. Description of Alternatives This section describes the alternatives evaluated for responding to the shoaling within the channel and the disposal of dredge material to restore Wainwright Island. The analysis of alternatives is based on meeting the project purpose and need as defined (restore commercial and recreational navigation through Wainwright Slough to maintain and sustain economic benefits from the local commercial fishing industry, recreational fishing, and local tourism), in addition to minimizing adverse environmental consequences. This EFH report focuses on impacts resulting from the Preferred Alternative. The alternatives evaluated include: • Alternative 1— No Action Alternative 2 — Applicant's Preferred Alternative — Maintaining navigability and restoring Wainwright Island 2.1. Alternative 1: No Action The "No Action" alternative involves maintaining existing conditions of the Wainwright Slough channel. USACE has not been able to perform maintenance activities In the channel; therefore, navigation would remain impassible and potentially dangerous in the future. The potential for economic, health, and safety impacts would remain and possibly become more significant with time. 2.2. Alternative 2: Applicants Preferred Alternative - Maintaining Navigability and "Restoring `Vainwiight Islard In an attempt to reestablish the channel navigability, Carteret County is seeking a permit that would allow dredging and placement of materials to restore Wainwright Island. Approximately 40,000 CY would be dredged from the federally authorized channel of Wainwright Slough, Ranges 2, 2A, and 3, with sediment placement occurring adjacent to Wainwright Island. The dredging would restore navigation depths to the authorized channel for recreational boating and commercial fishing vessels. The channel would be dredged to -7 MLLW with an additional 2 feet of overdepth tolerance, resulting in a maximum depth of disturbance down to -9 MLLW. The project maintains compliance with the channel's federal authorization, and the sediment placement will be used to help create nesting and foraging bird habitat by open placement of the material adjacent to Wainwright Island. Sediment placement will be located on the west side of the existing island to reduce erosion back into the channel and will occur over a maximum footprint of 10.5 acres up to an elevation matching the existing Wainwright Island. 3. Essential Fish Habitat 3.1. Habitat Elements Pursuant to the Magnuson -Stevens Fishery Conservation and Management Act (Public Law 94-265) and the 1996 amendments to the Act, known as the Sustainable Fisheries Act (Public Law 104-297), an EFH consultation was requested by NOAA Fisheries for the proposed project. For the North Carolina coast, this requires that EFH be identified for all fish species managed by the South Atlantic Fisheries Management Council (SAFMC), the Mid -Atlantic Fisheries Management Council (MAFMC), and NOAA National Marine Fisheries Service (NMFS). This EFH assessment's objective is to determine whether the actions for the Moffatt & Nichol I Page 3 proposed project "may adversely affect' designated EFH for relevant managed fisheries species within the proposed project area. A list of EFH habitat types and their presence or absence in the project area is provided in Table 1. Submerged Aquatic Vegetation (SAV) is found in both SAV/seagrass and tidal freshwater (aquatic bed) habitat categories. Habitats are described in more detail in the following sections. Table 1: EFH Types Potentially Found in Project Area EMEMEOPE Inshore • Estuarine emergent wetlands Yes • Estuarine forested wetlands No • Estuarine shrub/scrub (mangrove) No • Submerged aquatic vegetation (SAV)/Sea rass Yes' • Oyster reef and shell bank No • Intertidai flats/mud bottoms No • Palustrine emergent and forested (freshwater) No • Aquatic bed (tidal freshwater)•• Yes • Estuarine water column/creeks Yes Marine • Live/hard bottom No • Coral and coral reef No • Artificial/man-made reef No • Sargassum No • Water column No ' SAV was not found in the project area; however, potential SAV habitat is present in the general project vicinity. •• Includes SAV in shallow areas. Figure 2 (following page) depicts locations of EFH areas in Pamlico Sound within the proposed action area. The EFH identified in the Fisheries Management Plans (FMP) amendments of the SAFMC that are in proximity to this site include Estuarine Water Column/Creeks, Estuarine Emergent Wetlands, and Aquatic Beds (Tidal Freshwater). Those identified in the MAFMC that are present within the project area include SAV/Seagrass and Estuarine Water Column/Creeks. Habitat Areas of Particular Concern (HAPC) are subsets of designated EFH. Under the South Atlantic HAPC, SAV is a designated HAPC and can be found in proximity of the project area. Moffatt & Nichol I Page 4 Essential Fish Habitat Assessment Figure 2: EFH Area Locations 3.1.1. Estuarine Emergent Wetlands Estuarine Emergent Wetland includes all tidal wetlands dominated by erect, rooted, herbaceous hydrophytes (excluding mosses and lichens). These wetlands occur in tidal areas where salinity due to ocean -derived salts is equal to or greater than 0.5 percent and that are present for most of the growing season during most years. Perennial plants usually dominate these wetlands and vegetation cover is typically above 80 percent. These wetlands are typically dominated by marsh grasses such as Spartina species, needlerush (Juncus spp.), and narrow leaved cattail (Typho angustifolia). Estuarine emergent wetlands are nutrient -rich with high primary productivity, allowing these habitats to support a diversity of fish, invertebrates, and coastal birds. Managed fish species use these marshes during multiple life stages because they provide nursery habitat for juveniles and foraging for adults. Estuarine emergent wetland habitat is present on the existing Wainwright Island. 3.1.2. Submerged Aquatic Vegetation/Seagrass The shallow waters (6 feet deep or less) of Pamlico Sound provide habitat and potential habitat for SAV beds. NCMFC defines SAV habitat as area currently vegetated with one or more appropriate SAV species or has been vegetated by one or more species within the past 10 growing seasons, as well as meets the average growing conditions needed (water depth of 6 feet or less, average light availability [Secchi depth of one foot or more], and limited wave exposure. SAV habitats are typically rich in invertebrates and serve as important foraging areas, in addition to providing manyjuvenile and adult fish refuge from predators. SAV also plays a role in stabilizing sediment, nutrient Moffatt & Nichol I Page 5 Essential Fish Habitat Assessment cycling, reduction of wave energy, and provision of organic matter that supports complex food webs (North Carolina Wildlife Resources Commission [NCWRC], 2005). For these reasons, SAV habitat is considered Habitat Areas of Particular Concern (HAPC) for several managed fish species. The distribution and composition of SAV habitat is influenced by several factors; among the most important factors are salinity, light, nutrient levels, and wave action. Because SAV distribution, abundance, and density varies seasonally and annually in response to climatic variability coupled with its sensitivity to other stressors, large-scale SAV changes may occur. Major threats to SAV habitat include water quality degradation from dredging activities, excessive nutrient and sediment loading, plus the emerging threat of accelerated sea level rise, barrier island stability, and increasing water temperatures (Deaton et al. 2010). Moffatt & Nichol was contracted to perform a submerged aquatic vegetation (SAV) survey in the general vicinity of the 100-acre disposal site (Wainwright Island). Protocols used for this study were provided by and discussed with the North Carolina Division of Coastal Management (Gregg Bodnar) and NOAA Fisheries Habitat Conservation Division (Ken Riley) prior to sampling. State and federal resource agencies required the survey as a measure to help identify potential impacts the project may create for any existing SAV within the proposed work areas. SAV presence was virtually non-existent in the sampling area around Wainwright Island. Only 1-2 shoots (<I% cover) were found in five quadrats sampled during this investigation. There is no obvious explanation for why SAV growth is limited in this portion of Pamlico Sound, although significant wave exposure and movement of water was observed in the field. Wave exposure in shallow water could possibly affect SAV populations. About 309 square miles of marine bottom are dominated by Halodule wrightii in Core and Pamlico Sounds in North Carolina, where Halodule occurs away from the main body of its distribution farther south. The species is common in Texas and Florida (and the Caribbean) but does not extend any farther north than Cape Hatteras (Ferguson et al 1993). Seagrass distribution in the targeted study area may be affected by factors that affect seagrass composition and distribution throughout its range, including turbidity or sediment load in the water column and the cumulative effect of increased turbidity and dredging and spoil disposal, wave exposure, boat propeller scarring, and shrimp trawling. Even though SAV presence was virtually non-existent, it is recognized that SAV habitat potential is present in the general vicinity of the project and throughout Pamlico Sound. 3.1.3. Aquatic Bed (Tidal Freshwater) Aquatic bed habitats in the project area include the soft bottom substrate of the Pamlico Sound. This habitat type is comprised of sand as well as inorganic muds, organic muds, and peat. Nutrients are typically provided by riverine sources and transported via wind tides in addition to lunar tidal exchange. The abundance of benthic macroalgae in this habitat supports a high diversity of invertebrates that are an important fishery food source. Shallow areas less than 6 feet deep within this habitat type can also support SAV populations (Street et al. 2005). 3.1.4. Estuarine Water Column/Creeks The estuarine water column extends from the estuarine bottom to the surface waters and is especially important as it directly affects all other estuarine aquatic habitats (NCWRC 2005). This habitat is characterized by the oligohaline (estuarine) waters present in Pamlico Sound with seasonally variable salinity Moffatt & Nichol I Page 6 Essential Fish Habitat Assessment levels. Distinct zones, within the water column can be defined by parameters such as salinity, temperature, and dissolved oxygen. Water column zonation continually fluctuates and is a function of tidal dynamics, season, nutrient levels, and ocean proximity. Fish and shellfish often exploit distinct resources within the water column based on species -specific diet, behavior, and morphology. For example, pelagic fishes (live higher in the water column) and demersal fishes {bottom dwelling) have adapted to take advantage of these different habitats, and favorable spawning and feeding conditions can occur at varying locations at different times of the year. 3.1.5. Primary Nursery Areas While not a single specific EFH type, Primary Nursery Areas (PNA) are composed of several EFH types and are state -designated waters that are used by marine and estuarine fishes and invertebrates during early development. Secondary Nursery Areas (SNA) typically occur in the lower reaches of streams and bays. Nursery areas are designated and regulated by NC Division of Marine Fisheries (NCDMF) and NCWRC in some areas. These areas are typically shallow waters with soft bottom substrate that are surrounded by marshes and wetlands. The abundance of refuge, foraging habitat, and food resources present in these areas result in the successful development of many sub -adult organisms (Beck et al. 2000). Nursery areas are considered HAPC for several managed fish species. There are no designated Primary or Secondary Nursery Areas within the project area. 4. Managed Species; 4.1. SAFMC, MAFMC, and NMFS-managed Species SAFMC and MAFMC have developed FMPs for several species, or species units (SAFMC 2008; MAFMC 2008), although not all of these species are found in the project area. Highly migratory species' FMPs and Atlantic billfish FMPs were developed by the Highly MigratorySpecies Management Unit, Office of Sustainable Fisheries, NMFS (NMFS, 1999a; NMFS, 1999b). Aspartof each FMP, the council designates not only EFH, but also HAPC, a subset of EFH that refers to specific locations required by a life stage(s) of that managed species. Table 2 presents the species or species units for which EFH and/or HAPC exist, and the occurrence of these species within the project area. The sections that follow describe managed species that are Found in the project area and their associated EFHs. Table 2: Project Area Managed Species; EFH and i4APC Presem i LPHe Stages Present Designated EFH in HAPC in es Project Area�4 Project Area Project Area Project Area Mid -Atlantic Fisheries' Management Council (MAFMC) 7Atlantic mackerel (Scomber brus) No Noma None None Atlantic surfclam (Spisulo solidissima) No None None None Black sea bass' (Centropristis striata) No None None SAV' Bluefish (Pomatomussalatrix) Yes Juv=_Hiles, Adults Estuarine Water None Column/Creeks Moffatt & Nichol I Page 7 Essential Fish Habitat Assessment Butterfish (Peprilus Yes Eggs, Larvae, Estuarine Water triacanthus)Z Juveniles, Adults Column/Creeks None Spiny dogfish (Squalus ocanthius) No None None None Longfin squid (Loligo pealei) No None None None Monkfish (Lophius americanus) No None None None Ocean quahog (Artica islandica) No None None None Estuarine Water Summer Flounder (Paralichthys Larvae, Juveniles, Column/Creeks, SAV, dentatus Yes Adults Aquatic Beds, Estuarine SAV Emergent Wetlands Scup (Stenotomus chrysops) No None None None ShortFin squid (Illex illecebrosus) No None None None Tilefish (Lopholatilus chamaeleonticeps) No None None None South Atlantic Fisheries Management Council (SAFMC) Penaid and Rock Shrimp Estuarine Water (Penaeus spp. and Sic onio y Yes Larvae, Juveniles, Column/Creeks, SAV, None sPP•) Adults Aquatic Beds, Estuarine Emergent Wetlands Estuarine Estuarine Water Water Snapper grouper management Yes' Larvae, Juveniles, Column/Creeks SAV Column/ unit Adults Estuarine Emergent Creeks, SAV, Wetlands Estuarine Emergent Wetlands Golden crab (Chaeceon fennern) No None None None Spiny Lobster (2 Species) Estuarine Water Spiny lobster (Panulirus argus) Eggs, Larvae, Column/Creeks, SAV, Slipper lobster (Scyllarides Yes Juveniles, Adults Aquatic Beds, Estuarine None nodifer) Emergent Wetlands Coastal migratory pelagic Larvae, Juveniles, Estuarine Water species Yes4 Adults Column/Creeks None Sargassum (Sargassum spp.) No None None None Calico scallop (Agopecten gibbus) No None None None Coral, coral reef, and live/hard bottom habitat No None None None National Marine Fisheries Service (NMFS) Highly migratory species Yes (Bluefin Estuarine Water (sharks, tuna, swordfish) Tuna) Juveniles Column/Creeks, SAV, None Aquatic Beds Billfish No None None I None Source: MAFMC, 2008; SAFMC, 2008; NMFS, 1999a, 1999b. 1 No EFH or HAPC designated for black sea bass by MAFMC is located in the project area; however, black sea bass are included in the snapper grouper management unit under SAFMC. 2 No EFH or HAPC designated for butterfish by MAFMC is located in the project area; however, because of catch records of butterfish, the estuarine waters of Pamlico Sound are included as "inshore' EFH. 3 Species from this management unit that have been recorded near the project area include black sea bass, red grouper, and Atlantic spadefish. 4 Spanish mackerel is the only species from this management unit recorded in the vicinity of the project area. • Potential SAV habitat; SAV presence was not noted during field surveys Moffatt & Nichol I Page 8 Essential Fish Habitat Assessment 4.1.1. Black Sea Bass (Centropristis striata) The black sea bass is a demersal species found from Maine to Florida that are opportunistic feeders and accept a variety of food sources. As juveniles and 'adults, this species is associated with submerged structures in estuarine and marine waters. Spawning occurs offshore from May to October along the continental shelf in an area extending from southern New England to North Carolina. Eggs are generally hatched on the continental shelf near large estuaries, but eggs have also been fourid in bays in North Carolina. Juvenile Black Sea Bass enter estuaries during late spring and early summer to forage on invertebrate prey and small fish. This species is typically not found in the Pamlico Sound, but fishing reports from NCDMF have shown presence of this species in the last 10 years. MARK does not currently designate any EFH or HAPC areas for black sea bass within the project area, however, SAFMC considers black sea bass one of the 70 species included in the Snapper Grouper Management Unit. All tidal and estuarine waters, including emergent wetlands, estuarine water column and potential SAV habitat are designated EFH for this species. Additionally, potential SAV habitat within the project area is considered HAPC for this species. 4.1.2. Bluefish Bluefish are primarily pelagic fish found over the continental shelf (NOAA 2016a). Adults are piscivorous (fish - eating) and feed on small bait fish in inshore and estuarine habitats. While not typically found in oligohaline waters such as Pamlico Sound, bluefish do occur within the project area based on nearby fishing records. Spawning takes place on the continental shelf at different times of the year depending on location, and eggs are not found in estuarine waters. However, as larvae develop, they may cross into inshore and estuarine waters. There are no EFH areas designated for eggs and larvae within the study area, but EFH exists for juveniles and adults within the estuarine water column/creeks. No HAPC for bluefish adults and juveniles has been identified in this area. 4.1.3. Butterfish (Peprilus triacanthus) Butterfish spawning occurs offshore, but eggs and larvae can be found in estuaries. All life stages may make use of estuaries during growth. MAFMC has designated both inshore and offshore EFH for all life stages of butterfish. Inshore EFH is defined as the estuarine "mixing zone" where fresh and saline waters converge. Appropriate potential habitat exists within the project area for butterfish and local fishing records indicate butterfish have been documented in Pamlico Sound; therefore, the estuarine water column has been included as EFH for this species;. 4.1.4. Summer Flounder (Para►ichthys dentaitus) The summer flounder is estuarine -dependent and is found along the Atlantic coast from Maine to Florida. Spawning occurs from Cape Cod to Cape Hatteras between October and May along the continental shelf in waters 30 to 60 feet deep. In later winter and spring, larvae enter estuaries to develop into juveniles. In the fall, juveniles migrate to the open ocean. Adult summer flounder utilize estuaries on a seasonal basis. MAFMC designates all tidal estuarine waters, including estuarine emergent wetlands, potential SAV habitat, and aquatic beds as EFH for all life stages except eggs. SAV habitat that does occur in Pamlico Sound is also considered a HAPC for summer flounder. Moffatt & Nichol I Page 9 Essential Fish Habitat Assessment 4.1.5. Penaeid and Rock Shrimp (Penaeus spp. and Sicyonia spp.) Penaeid shrimp (white, pink, and brown shrimp) are estuarine -dependent species of commercial and ecological significance. Penaeid shrimp spawn offshore where both larval and postlarval development occurs. Currents carry postlarval shrimp into estuaries, where they are distributed based on salinity and substrate preferences. As shrimp grow, they migrate to higher salinity areas before returning to offshore spawning areas. All tidal and estuarine waters within the project area, including estuarine emergent wetlands, potential SAV habitat and aquatic beds are designated as EFH for penaeid shrimp. 4.1.6. Snapper Grouper Management Group The Snapper Grouper Management Group includes more than 70 species that are managed bythe SAFMC. Red grouper, Atlantic spadefish, and black sea bass are species within this group that have been documented near or within the project area. Black sea bass have been previously discussed, and have been documented in Pamlico Sound. Red grouper spawn from early winter to late spring and occur in shallow nearshore reef habitats. Juveniles move to deeper waters at sexual maturity and movements of adults are extensive, but are not well known. While not typically found in oligohaline waters, local fishing reports have documented presence of this species within Pamlico in or near the project area. Atlantic spadefish are opportunistic bottom feeders that utilize a variety of brackish water and nearshore habitats. Spawning occurs from May to September and juveniles are typically found in estuarine waters while adults are typically found in nearshore areas. Atlantic spadefish have been documented in local fishing reports in or near the project area. 4.1.7. Coastal Migratory Pelagics The only coastal migratory pelagic species found near the project area is the Spanish mackerel. Spanish mackerel spawn from May to September (SAFMC 1998), with eggs and larvae using pelagic habitats and juveniles moving into estuaries for use as nursery areas. While typically not found in oligohaline waters such as Pamlico Sound, Spanish mackerel do occur in the area based on commercial fishing data. Estuarine water column/creek habitats are designated as EFH by SAFMC in the management of this unit because prey items for species in this unit are typically estuarine dependent. There are no HAPCs designated by SAFMC for Spanish mackerel in the project area. 4.1.8. Highly Migratory Species Atlantic bluefin tuna juveniles are the only highly migratory species with EFH in the project area (NOAA 2009). Bluefin tuna generally spawn in the Gulf of Mexico, continuing to the mid -east coast of Florida where they remain until development into juveniles. Juveniles can be found from North Carolina waters to coastal waters in the northeastern United States. Adults are pelagic and can be found from the Gulf of Mexico to waters off the northeastern United States coast. The project area and general project vicinity contains EFH forjuvenile bluefin tuna in the estuarine water column/creeks, potential SAV areas, and aquatic bed habitats. 4.1.9. Spiny Lobster Spiny lobster and slipper lobster have EFH for all life stages within the project area. EFH includes estuarine water column/creeks, aquatic bed, and SAV (NOAA 2016b). The spiny and slipper lobster larvae are typically found in open ocean in the epipelagic zone of the Caribbean Sea, Gulf of Mexico, and the straits of Florida. Moffatt & Nichol I Page 10 Essential Fish Habitat Assessment Post -larvae and juveniles occupy shallow waters of bays, lagoons, and reef flats, habitats supported by the production of seagrasses, benthic algae, phytoplankton, and detritus. As the lobsters increase in size, they move towards deeper waters in bays, reefs, and nearshore areas. As adults, they can be found in deeper waters both nearshore and offshore. 4.2. ASMFC-managed Species The Atlantic States Marine Fisheries Commission (ASMFC) coordinates additional conservation and management of states' shared nearshore fishery resources. Member states include North Carolina, South Carolina, Georgia, Florida, Virginia, Maryland, Delaware, Pennsylvania, New Jersey, Connecticut, Rhode Island, Massachusetts, New Hampshire, and Maine. Species managed by the ASMFC that are found in the Pamlico Sound and nearshore waters include: American eel (Anguilla rostrato), Atlantic croaker (Micropogonias undulatus), Atlantic menhaden (Brevoortia tyrannus), black sea bass, blueback herring (Alosa aestivalis), bluefish, red drum (Sciaenops ocellatus), spot (Leiostomus xanthurus), spotted sea trout (Cynoscion nebulosus), southern flounder (Paraliclithys lethostigma), striped bass (Morone saxatilis), summer flounder, and weakfish (Cynosrion regalis). 4.3. NCDEQ-DMF The Fisheries Reform Act of 1997 (FRA) prompted NCDEQ-DMF to begin the process of developing FMPs for all commercially or recreationally important species and fisheries that are found in state marine or estuarine waters, with the goal of ensuring the long-term sustainability of these fisheries. Species with existing or in - development management plans include: river herring [blueback herring (Alosa aestivalis) and alewife (Alosa pseudoharengusl], shrimp (Penaeus spp.), striped bass, southern flounder, blue crab (Callinectes sapidus), red drum, oysters (Crassostrea virginica), hard clams (Mercenaria mercenaria), bay scallop (Argopecten irradians), kingfish (Menticirrhus americanus), and striped mullet (Mugul cephalus). S. Potential Impacts to EFH Historic and present stressors to fish and EFH communities in the Pamlico Sound have occurred as a result of fluctuations in nutrient loading, turbidity, and salinity as well as increased fishing pressures. Turbidity and wave exposure are important factors in affecting the distribution of habitat quality near the project area. Impacts created by the Preferred Alternative are primarily localized short-term impacts and will not have a permanent additive effect on fish and EFH stressors within the project area. Actions taken during project design and implementation phases will ensure that the Applicant's Preferred Alternative avoids or minimizes direct, indirect, and cumulative effects to identified essential fish habitat and associated species in proximity to the project. The work will be conducted using a hydraulic dredge and pipeline system. The work will be conducted on a 24-hour day schedule with completion expected prior to April 1, 2017. The material placement site will be constructed to discourage sediment from flowing back into the navigation channel. The contractor will erect temporary sand dikes along the flow way of the placement site to help direct the dredge slurry away from the navigation channel. The dikes will be constructed from the initial dredge material to reduce disturbance of the placement area. The dikes will be extended and maintained in a fashion to help limit the turbidity plume leaving the work area. Moffatt & Nichol I Page 11 Essential Fish Habitat Assessment 5.1. Short-term and Temporary Impacts Construction associated with the Preferred Alternative would take place in Pamlico Sound, and include channel dredging and the subsequent placement of dredged material around Wainwright Island. Construction activities will produce noise, turbidity, and siltation, thereby creating short-term, localized impacts to EFH identified in the project area and possibly to targeted management species. Dredging activities could create a short-term decrease in dissolved oxygen. Many, if not all, of the fish species with EFH within the project area would be expected to escape the area during construction activities, and construction disturbances would not be expected to be lethal to any fish species with EFH within the project area. At the ecosystem level, increased turbidity could result in reduced ecosystem productivity (ability of the ecosystem to produce and export energy) and nursery value by elimination of organisms that cannot easily flee construction activities, and the displacement of mobile organisms. For individual organisms, turbidity can impair visual predation success, predator avoidance, and an organism's ability to take in oxygen through clogging of respiratory organs. Siltation could alter SAV and invertebrate animal communities within the project area. Again, these potential impacts are expected to be short term and temporary in nature. Mobile animals would likely avoid the area during the construction phase, but likely return once construction is complete and pre -construction conditions return. Benthic organisms would likely recover rapidly post - construction, as most benthic communities (including SAV) are resilient and recolonize quickly after short- term impacts (Ellis 2009, Dernie 2003). 5.2. Permanent and Long -Term Impacts While dredging construction activities and placement of dredged material will create short-term and localized impacts on EFH within the project area, long-term and permanent impacts are expected to be minimal for the Preferred Alternative. The area has been dredged historically and EFH resources such as SAV are limited to non-existent based on field surveys. Growth of SAV is affected by salinity, wave exposure, nutrient concentrations, light, and turbidity. The Preferred Alternative would have no effect on salinity, nutrient concentrations, light, and wave exposure. During a SAV survey conducted in September 2016, only single shoots of Halodule wrightii were found in a few locations within the project area. Coverage of SAV was limited to less than 1% of the surveyed area. Wave exposure appeared to be one of the most significant limiting factors for SAV in the surveyed area based on field observations. The nearest state -mapped SAV locations (APNEP/NCDEQ2011) are more than 1,000 feet from the proposed placement area of dredged material around Wainwright Island. Dredged material would likely settle and stabilize quickly in the placement area. In addition, no negative impacts to the area containing the existing Wainwright Slough channel would be expected, as these channels are generally lower in productivity due to low levels of light penetration and a disturbed bottom. Dredge material placement within the proposed footprint of the restored island will displace any benthic habitat located within this 10.5-acre area, and create temporary impacts to the existing emergent estuarine wetland located on the current Wainwright Island. However, the re-establishment of a 10.5-acre island will create significantly more emergent wetland habitat than currently exists at the site. Moffatt & Nichol I Page 12 Essential Fish HE bitat Assessment 5.3. Managed Species Effects Determination The Preferred Alternative should create minimal localized and short-term effects within the project area for identified managed species. Most species are mobile and should be able to avoid construction activities during the construction phase of the project. This section evaluates impacts to SAFMC, MAFMC, NMFS, and NCDEQ-DMF managed species, but does not include an evaluation of impacts to ASMFC-managed species. ASMFC is primarily a deliberative body, coordinatingthe conservation and management of states'shared fishery resources. In general, short-term impacts include potential mortality in earlier life stages for managed species, and some limited displacement and habitat disturbance in later life stages. Long-term impacts are minimal and generally involve the potential disruption of dispersion within Pamlico Sound for earlier life stages of managed species. Table 3 provides a summary of both short-term and long-term potential impacts for SAFMC, MAFMC, and NMFS-managed species within the project area. Table 3: Potential Short- and ,Long -Term Impacts ib Project Area F.FM Species Species • ':Irnpact Type- Egli Larvae Juveniles- ' ' - Adults, Mortality from ..Short -Term N/A Mortality from construction Displacement and Impacts - construction Displacement habitat disturbance Black sea bass (Centropristis ,j' and habitat striata) disturbance Lirnited potential Long -Term 'Impacts N/A disruption of N/A N/A . dispersion in Pamlico Sound fl -Mortality from S�hrirt Term N/ a N/A construction Displacement and Bluefish (Pomotomus `Ilmpacts -Displacement habitat disturbance solatrix) and habitat disturbance Long-Terrri.' ' Impacts N/AN/A N/A N/A -Mortality from Slim drt-Ter Mortality from Nlortalityfrom constructionDisplacement and :.:impacts'. construction construction -Displacement habitat disturbance " and habitat _ disturbance Butterfish (Peprilus Low density in triacanthus) project area, Low density in but limited project area, but Lang -Term ., Impacts`'` potential limited potential N/A N/A / • disruption of disruption of dispersion in dispersion in Pamlico Sound Pamlico Sound -Mortality from -Mortality from er Flounder 4'Short-Term., :(Paralichthys N/11 construction construction Displacement and dentatus i Im acts P Displacement -Displacement habitat disturbance and habitat and habitat disturbance disturbance Moffatt & Nichol I Page 13 Essential Fish Habitat Assessment Species Impact Type Eggs .Larvae Juveniles Adults '.. LI N/A N/A N/A N/A pacts•, -Mortality from -Mortality from Short -Term construction construction Displacement and Impacts N/A -Displacement -Displacement habitat disturbance Penaid and Rock Shrimp and habitat and habitat (Penaeus spp. and Sicyania disturbance disturbance spp•) Limited potential Long -Term N/A disruption of N/A N/A Impacts dispersion in Pamlico Sound -Mortalityfrom -Mortalityfrom Short -Term construction construction Impacts , N/A -Displacement -Displacement -Displacement and and habitat and habitat habitat disturbance Snapper grouper disturbance disturbance management unit Limited potential . Long -Term N/A disruption of N/A N/A Impacts dispersion in Pamlico Sound -Mortality from Short -Term Mortality from Mortality from construction Displacement and liripacts, construction construction Displacement habitat disturbance and habitat Spiny Lobster (2 Species) disturbance Spiny lobster (Panulirus argus) Low density in Low density in Slipper lobster (Scyllarides project area, project area, but nodi er f ) Long -Term . but limited potential limited potential N/A N/A mpacrs disruption of disruption of dispersion in dispersion in Pamlico Sound Pamlico Sound Short -Term N/A Mortality from Displacement and habitat Displacement and Impacts construction disturbance habitat disturbance Coastal migratory pelagic species Limited potential N/A disruption of N/A N/A dispersion in Pamlico Sound Displacement N/A N/A and habitat N/A Highly migratory species Long-Termdisturbance (sharks, tuna, swordfish) Impacts N/A N/A N/A N/A Moffatt & Nichol I Page 14 Essential Fish Habitat Assessment 5.3.1. NCDEQ-DMF Managed Species Impacts In addition to the SAFMC, MAFMC, and NMFS-managed EFH species, NCDEQ-DMF has developed or is in the process of developing FMPs for many species found in North Carolina waters, including red drum, southern flounder, striped bass, blue crab, striped mullet, hard clams, and kingfish. Impacts to flounder are similar to impacts listed for summer flounder in the previous: table. Potential impacts to red drum, kingfish, river herring, striped bass, hard clams, bay scallops, oysters, blue crabs, and striped mullet are addressed below. The red drum is an estuarine -dependent species with foraging areas throughout Pamlico Sound. Red drum typically arrive in Pamlico Sound in the spring, with a second arrival often occurring in the fall as fish begin a southerly migration from Mid --Atlantic States. Both juvenile and adult red drum may occur in the project area but are mobile enough to avoid construction activities. Kingfish have a similar life history to the red drum in Pamlico Sound. Juveniles and adult kingfish may occur in the project area, but are a highly mobile species, therefore impacts will be minimal. River herring and striped bass are anadroinous fish whose adult life stages live in lower estuaries and marine waters. Juveniles and adults are mobile enough to avoid construction disturbance in the project area. Potential impacts to hard clams in the project area include increased short-term turbidity and siltation that could clog the respiratory and feeding structures of hard clams that may result in limited mortality. Mortality of hard clams in the direct area of dredge placement would be high, as clams are sessile and would not be able to escape construction impacts. In this area, habitat alteration for the hard clam would be permanent. Impacts to oysters and bay scallops would be similar to hard clams, however, no live oysters or bay scallops were observed during a field visit in September 2016. Blue crabs occupy various marine and estuarine habitats throughout their life cycle. Mating occurs in estuaries, followed by spawning near coastal inlets from April to June and August to September in North Carolina. Weather, water quality conditions, proximity to inlets, wind direction, and hours of dark flood tide impact breeding productivity in blue crabs. Impacts affecting eggs and larvae from noise, turbidity, and siltation may occur but should be short term. Juveniles and adults are mobile and would be able to escape construction disturbance. Striped mullet are catadromous (move from freshwater to ocean to spawn) species that live in fresh and estuarine waters until moving to high salinity estuarine and nearshore marine waters to spawn in winter and early spring. Larvae develop in marine offshore environments, and would not be present in Pamlico Sound. Immature striped mullet move to estuaries during the winter and generally occupy estuarine waters until spawning. Juveniles and adults may be present near the project area, but are mobile and would be minimally impacted by turbidity, siltation, and noise resulting from construction activities. 6. Summary The Preferred Alternative includes the dredging of approximately 40,000 CY from a federally authorized channel and placement of that dredge material to restore approximately 10.5 acres of emergent salt marsh habitat at Wainwright Island. The Preferred Alternative would likely result in primarily short-term, localized, and temporary adverse effects to EFH and managed species, but project design, implementation, and construction measures under consideration would keep these impacts to a minimum, as well as reduce the possibility of any permanent, long-term impacts. Short-term impacts would include increased turbidity, Moffatt & Nichol I Page 15 Essential Fish Habitat Assessment siltation, and noise from construction activities, but most managed species found in this area are highly mobile and would be able to escape construction disturbance and eventually return to the area post - construction. Aquatic substrate impacted by siltation should recover after construction, and turbidity would be limited to the immediate construction area. SAV habitats were found to be minimal to non-existent within the project area, so impacts to SAV resources will be minimal for this project. Species that utilize SAV habitats for foraging and refuge from predators likely will not be impacted since current SAV resources are limited. Additionally, the Preferred Alternative will have no long-term, adverse effects on the ecosystem benefits provided by SAV, including the provisioning of organic matter for localized food webs, stabilizing sediment, nutrient cycling, and reduction of wave energy. The Preferred Alternative, while reducing available sandy benthic habitat within the project area, will also create over 10 acres of emergent estuarine wetland (a designated EFH within the project area) in an area where benthic habitat has been impacted by exposure to waves. A re-established Wainwright Island would also provide valuable new nesting and foraging habitat for coastal birds. The Preferred Alternative could result in increased long-term SAV colonization and general benthic habitat improvements adjacent to the re- established island. 7. Reference Albemarle -Pamlico National Estuary Partnership (APNEP), NCDEQ, 2011. Submerged Aquatic Vegetation GIS data based on 2006-2008 Aerial Imagery. Available at http://www.nconemap.com. Accessed: November 2016. Beck, M.W., K.L. Heck Jr., K.W. Able, D.L. Childers, D.B. Eggleston, B.M. Gillanders, B. Halpern, C.G. Hayes, K. Hoshino, T.J. Minello, R.J. Orth, P.F. Sheridan, and M.P. Weinstein. 2001. "The Identification, Conservation, and Management, of Estuarine and Marine Nurseries for Fish and Invertebrates." Bioscience. 51(8): 633-641. Deaton, A.S., W.S. Chappell, K. Hart, J. O'Neal. 2010. North Carolina Coastal Habitat Protection Plan. NC Department of Environment and Natural Resources, Division of Marine Fisheries. Dernie, K.M, M.J, Kaiser, and R.M. Warwick. 2003. "Recovery rates of benthic communities following physical disturbance." Journal of Animal Ecology. 72: 1043-1056. Ellis, B.O. 2009. "Year Five (Final) Submersed Aquatic Vegetation Survey, Currituck Sound, Whalehead Bay- Currituck Heritage Park." Memorandum to John Hennessy, Environmental Supervisor, National Park Service, Assistance and Compliance Oversight Unit. Ferguson, Randolph L., B.T. Pawlak, L.L. Wood. 1993. Flowering of the seagrass Holodule wrightfi in North Carolina, USA. Aquatic Botany, Volume 46, Issue 1, Pages 91-98 Mid -Atlantic Fishery Management Council (MAFMC). 2008. Fishery Management Plans. Available at http://www.mafmc.org/fishery-management-plans/. Accessed: November 2016. Moffatt & Nichol I Page 16 Essential Fish Hzibitat Assessment National Marine Fisheries Service (NMFS). 1999. Essential fish habitat: A marine fish habitat conservation mandate forfederal agencies. Revised 08/04. NMFS, Habitat Conservation Division, Southeast Regional Office, St. Petersburg, Florida. NMFS. 1999a. Final fishery management plan for Atlantic tuna, swordfish, and sharks, including the revised final environmental impact statement, final regulatory impact review, the final regulatory flexibility analysis, and the final social impact assessment. Highly Migratory Species Management Division, Office of Sustainable Fisheries, National Marine Fisheries Service, Silver Springs, Maryland. NMFS. 1999b. Amendment 1 to the Atlantic billfish fishery management plan, including the revised final environmental impact statement, final regulatory impact review, the final regulatory flexibility analysis, and the final social impact assessment. Highly Migratory Species Management Division, Office of Sustainable Fisheries, National Marine Fisheries Service, Silver Springs, Maryland. North Carolina State University (NCSU). 2016. Coastwatch. https:Hncseagrant.ncsu.eclu/coastwatch/previou!;-issues 2CI12-2/summer-2012/the-pamIico-sound-fishine- aem-of-north-carolina/. Accessed November 2016. NC Wildlife Resources Commission. 2005. North Carolina Wildlife Action Plan. Raleigh, NC. Available at http://www.ncwildlife.org/pgO,7 Wild] ife5peciesCon/pa7c1 3.htm. Accessed: November 2016. National Oceanic and Atmospheric Administration (NOAA) 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. pp. 395. NOAA 2016a. https://www.greateratiantic.fisheries.noaa.eov/hcd/bluefish.htm. Accessed November 21, 2016. NOAA 2016b. http://www.habitat.noaa.gov/protec-,ion/efh/`newiny/index.html. Accessed: November 21, 2016 South Atlantic Fishery Management Council (SAFMC). 2008. Fishery Management Plans. Available at http://safmc.net/fishery-management-plans-amendments[. Accessed: November 2016. 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 Snapper Grouper Fishery Management Plan, The Coastal Migratory Pelagics Fishery Management Plan, The Spiny Lobster Fishery Management Plan, Charleston, South Carolina: South Atlantic Fishery Management Council, 4:57p. plus Appendices and Amendments. http://www.safmc.net/resource- librarv/fishery-management-pl 3ns-amendments. Accessed: November 2016. Street, M.W., A.S. Deaton, W.S. Chappell, and P.D. Mooreside. 2005. North Carolina Coastal Habitat Protection Plan. North Carolina Department of Environment and Natural Resources, Division of Marine Fisheries, Morehead City, North Carolina. 656 pp. Moffatt & Nichol I Page 17 Essential Fish Habitat Assessment United States Army Corps of Engineers (USACE), Wilmington District. 1995a. Environmental Assessment Maintenance Dredging Wainwright Slough Waterway Connecting Pamlico Sound and Beaufort Harbor. Carteret County, North Carolina. USACE Wilmington District. 1995b. Finding of No Significant Impact (FONSI): "Maintenance Dredging, Wainwright Slough Waterway connecting Pamlico Sound and Beaufort Harbor." Carteret County, North Carolina. Moffatt & Nichol I Page 18 ATTACHMENT J: Biological Assessment of Federally Listed Protected Species Protected Species Evaluation Wainwright Slough, Carteret County, NC Introduction The purpose of this report is to identify the federally protected species found in the Carteret County area and to determine likely impacts to these species as a result of proposed actions to dredge Wainwright Slough with deposition of spoil material adjacent to Wainwright Island. Site Description Carteret County is in southeastern North Carolina within the Tidewater Region of the Atlantic Coastal Plain physiographic province. Topography in the area consists of nearly level and gently sloping land that drains primarily into Pamlico Sound, one of the largest estuaries in the United States. Wainwright Slough is approximately five miles northeast of the Cedar Island Ferry Landing in Carteret County. The channel connects Pamlico Sound and Beaufort Harbor, and Wainwright Slough serves as a conduit for passage of commercial and recreational anglers between Beaufort Harbor and Pamlico Sound. Proiect Description Carteret County intends to dredge approximately 30,500 cubic meters (40,000 cubic yards) of material from the federally authorized channel of Wainwright Slough, Ranges 2, 2A and 3, near Cedar Island, south Pamlico Sound (Figure 1; Map 1 Appendix). Dredged sediment will be placed adjacent to Wainwright Island. The project will restore navigation depths to the authorized channel for recreational boating and commercial fishing vessels. The channel will be dredged to -7 MLLW with an additional 0.6 meters (2 feet) of over depth tolerance, resulting in a maximum depth of disturbance down to -9 MLLW. The project maintains compliance with the federal authorization for the channel. The sediment placement will be used to help create nesting and foraging bird habitat by open placement of the material adjacent to Wainwright Island. Sediment placement will occur over a maximum footprint of 4.2 hectares (10.5 acres) up to an elevation matching the existing Wainwright Island. The slopes and grades of the material placement will be constructed to encourage nesting and foraging bird activities to the extent reasonable. Listed Species Carteret County, North Carolina Threatened and Endangered Species Common Name Scientific name Federal Status Record Status American alligator Alligator mississippiensis T (S/A) Current Green sea turtle Chelonia mydas T Current Hawksbill (=carey) sea turtle Eretmochelys imbricata E Historic Kemp's (=Atlantic) ridley sea turtle Lepidochelys kempii E Current Leatherback sea turtle Dermochelys coriacea E Current Loggerhead sea turtle Caretta caretta T Current Piping plover Charadrius melodus T Current 1 Red -cockaded woodpecker Red knot Roseate tern Shortnose sturgeon West Indian manatee Rough -leaved loosestrife Seabeach amaranth Definitions of Federal Status Codes: Picoides borealis Calidris canutus rufa Sterna dougallii dougallii Acipenser brevirostrum Trichechus manatus Lysimachia asperulaefolia Amaranthus pumilus E Current T Current T Current E Current E Current E Current T Current E = Endangered. A taxon "in danger of extinction throughout all or a significant portion of its range." T = Threatened. A taxon "likely to become endangered within the foreseeable future throughout all or a significant portion of its range." T(S/A) =threatened due to similarity of appearance httPs://WWW.fws.gov/raleigh/species/cntyliSt/­carteret.htm]. Accessed December 6, 2016 Species Evaluation American alligator: The American alligator is a species endemic to the southeastern United States. Alligators inhabits freshwater wetlands, such as marshes and cypress swamps from Texas to North Carolina and are not found in the open ocean or in saltwater habitats. Status: The Wainwright Slough project area does not contain habitat suitable forthis species. Sea Turtles: Sea turtles are migratory species found in open ocean environments. Listed species may be found along the North Carolina coast between May land November 1. Several species may feed in the project area (especially green, Kemps and loggerheads) or migrate through the Sound, but the National Marine Fishery Service has determined that hydraulic pipeline dredges are unlikely to adversely affect sea turtles. Status: Sea turtle nesting habitat is confined to oceanfront beaches. Due to its estuarine location, Wainwright Island would not provide suitable nesting habitat forthis species. Piping plover: The piping plover is a winter resident of the beaches of North Carolina while nesting further north. Birds usually return to the same areas for nesting every year. Nest sites are simple depressions or scrapes in the sand. Status: Due to its estuarine location, Wainwright Island does not provide suitable nesting or feeding habitat forthis beach oriented species. Red -cockaded woodpecker: Red -cockaded woodpeckers live in groups and utilize large, live pine trees (usually long leaf pine) on uplands as nesting sites for their colonies. They forage in the adjacent pine woodlands. Status: The Wainwright Slough project area does not contain habitat suitable for this species. Red knot: Red knots migrate in large flocks northward through the contiguous United States mainly April -June and southward July -October. Nesting occurs further north and some locations (such as the Chesapeake Bay) provide critical feeding sites during migration. The preferred habitat for these shorebirds is primarily seacoasts on tidal flats and beaches, less frequently in marshes and flooded fields. Status: Although there is a remote possibility that red knots may pass through this area as part of their migratory pathway, the Wainwright Slough project area does not contain suitable nesting habitat nor feeding opportunities for this species. Roseate tern: The preferred habitat for the roseate tern is bay/sound, lagoon, river mouth/tidal river, and tidal flat/shore areas. This tern nests further north and migrates to and from the Caribbean and Central/South America. Status: This seabird may infrequently visit the project area on its migratory journey but is not known to nest here. Project activities should have no impact on roseate terns. Shortnose sturgeon: The shortnose sturgeon spawns in Georgia in February and in Connecticut in April/May. This species lives and reproduces in large freshwater rivers and prefers deep pools. They can migrate to and through nearshore saltwater environments. This species has been found in the Cape Fear Rive but no other populations are known within North Carolina. Status: It is highly unlikely that shortnose sturgeon would be found in the Wainwright Slough project area. These offshore environments do not provide suitable spawning habitat for the species. Even if sturgeon were migrating through the area, this species would not be affected by proposed activities due to its mobility. West Indian manatee: Manatees are generally found in warmer waters from Florida and the Gulf of Mexico to the Caribbean Sea. These herbivorous marine mammals generally prefer bay/sound, lagoon, river mouth/tidal river habitats that offer copious amounts of submerged aquatic vegetation for consumption. Georgia coastal areas are the usual northernmost limits of the manatee range due to an intolerance for cold water. However, individual sightings have been documented further north, including in North Carolina. Status: It is highly unlikely that manatees will be affected by this project. This species' normal range is further south and if an infrequent migrant does come through this portion of Pamlico Sound, there is insufficient feeding habitat to attract these marine mammals. Rough -leaved loosestrife: Rough -leaved loosestrife is an erect, herbaceous, rhizomatous perennial. This species occurs most often in shrub scrub wetlands especially in ecotones between longleaf pine uplands and pond pine pocosins in moist, sandy or peaty soils with low vegetation that allows for abundant sunlight to the herb layer. Status: The Wainwright Slough project area does not contain habitat suitable for this species. Seabeach amaranth: The seabeach amaranth is an annual plant found only on oceanfront or ocean inlet beaches. This species is intolerant of competition and prefers non -vegetated sites. Seabeach amaranth is found within scattered locations along the coast from South Carolina to New York. Status: The Wainwright Slough project are does not contain habitat suitable for this species. Summary A determination has been made that the proposed project is not likely to adversely impact or affect any federally listed threatened or endangered species or their critical habitat. This determination has been based on a brief analysis of conditions and habitat potential in the project area compared with individual species' documented presence or absence, life requisites, and feeding or nesting requirements. ATTACHMENT K — SHPO Letter North Governor Pat McCrory Secretary Susan Kluttz November 30, 2016 Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Jerry McCrain, Ph.D Moffatt & Nichol 4700 Falls of Neuse Road, Suite 300 Raleigh, NC 27609 Re: Dredge Wainwright Slough, Carteret County, ER 16-2174 Dear Dr. McCrain: Thank you for your letter of November 22, 2016, concerning the above project. Office of Archives and History Deputy Secretary Kevin Cherry We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579 or environmental.review<a�ncdcr.aov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, 1 Ramona M. Bartos Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 807-65701807-6599