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
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, Ll�
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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
.......
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.:
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....
: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
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i G,xn LgIM Bu
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e JYKYpn MYYY
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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
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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
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RANGE (FT)
STATION 14+00
10
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STATION 16+00
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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
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-20
-1+00 0+00
RANGE (FT)
STATION 22+00
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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
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STATION 28+00
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STATION 32+00
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-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
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0 NAVD(O.I FT)
0
NAVD(O.IFT)
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0
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-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"
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....... .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..
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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)
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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
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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
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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
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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
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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
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- 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
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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