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HomeMy WebLinkAbout129-16 Minor Mod 4/2022 Dare County Inlet DredgingPermit Class MODIFICATION/NHNOR STATE OF NORTH CAROLINA Department of Environmental Quality and 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 Permit Number 129-16 Issued to Dare County, 954 Marshall C. Collins Drive, Manteo, NC 27954 Authorizing development in Hyde/Dare County at Pamlico Sound and Hatteras Inlet complex aa'. to the NE tip of Ocracoke island; as requested in the permittee's letter dated 3/25/2 , inc_luding worknlan drawings (4)all dated 3/25/22. This permit, issued on April 1.2022 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 ana vora. 1) Unless specifically altered herein, this Minor Modification authorizes the one-time dredging event of the authorized channel via sidecast dredging, including 21 days of relief from the April 1 to September 30 dredge moratorium, all as expressly and specifically set forth in the attached modification request and workplan drawings. 2) Any additional moratorium relief shall require prior approval from N.C. Division of Coastal Management, in consultation with the appropriate resource agencies. (See attached sheet for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. - This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires fiirther Division approval. All work must cease when the permit expires on December 31, 2024 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chair of the Coastal Resource% Cnmmic%ion. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Dare County ADDITIONAL CONDITIONS Excavation Permit No.129-16 Page 2 of 2 3) All excavation activities shall take place entirely within the areas indicated the workplan drawings and within the previously authorized channel dimensions. 4) Excavation shall not exceed —8' Mean Low Water. General 5) This Minor Modification shall be attached to the original of Permit No. 129-16, which was issued on 12/20/16, as well as all subsequent modifications and renewals, and copies of all documents shall be readily available on site when a Division representative inspects the project for compliance. 6) All conditions and stipulations of the active permit remain in force under this Minor Modification unless specifically altered herein. NOTE: A permit renewal application processing fee of $100 was received by DCM for this project. 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 N.C. Division of Water Resources has authorized the proposed project under DWR Project No. 13-1279 v5. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No. SAW-2016-02140. Brad Rosov Project Manager/Senior Marine Biologist Coastal Protection Engineering of North Carolina, Inc. 4038 Masonboro Loop Road Wilmington, North Carolina Tel: +1 910-399-1905 brosov@coastalprotectioneng.com March 25, 2022 Heather Coats Division of Coastal Management North Carolina Department of Environmental Quality 127 Cardinal Drive Ext. Wilmington, NC 28405-3845 Joshua Pelletier U.S. Army Corps of Engineers Washington Regulatory Field Office 2407 West Fifth Street Washington, NC 27889 Re: Permit Modification Request for the Hatteras Inlet Channel Maintenance Project (CAMA Major Permit #129-16 and Dept. of Army Permit #2016-02140): Extension of Dredge Corridor and One -Time Relief from Dredge Moratorium for Maintenance Dredging Within South Ferry Channel Dear Ms. Coats and Mr. Pelletier: As you are aware, the Division of Coastal Management (DCM) issued CAMA Major Permit #129-16 to Dare County for the County's proposed Hatteras Inlet Channel Maintenance Project on December 22, 2016. The United States Army Corps of Engineers (USACE) issued a Department of Army (DoA) Individual Permit #SAW-2016-02140 on March 1, 2017 to Dare County for the same action. Prior to the issuance of permits, an interagency scoping meeting was held on August 16, 2016. As stated in the permit application packages, Dare County was seeking permits that would allow for the utilization of US Army Corps of Engineers (USACE) dredges to conduct maintenance dredging within South Ferry Channel in an attempt to reestablish the navigability from Ocracoke Island and Hatteras Island into Hatteras Inlet. Dredging activities would be performed by USACE-owned dredge plants (sidecast dredge and special purpose dredges) within a 150' wide channel excavated to -12 ft. MLW depths from within the proposed South Ferry Channel corridor. Material excavated by a special purpose dredge would be disposed in a nedrshore disposal site in the Atlantic Ocean just south of Ocracoke Island which had been previously authorized for use by the USACE. The permits issued to Dare County for this action specified that dredging would not be permissible outside the environmental dredge window of April 1 to September 30 without prior approval from DCM and USACE in consultation with appropriate resource agencies. A minor permit modification to the CAMA Major permit was issued by DCM on March 14, 2018 allowing for 1) a one-time open water disposal of up to 500 cubic yards of material; 2) the widening of the permitted channel width from 150 ft. to 200 ft., and 3) a modification of the extent of the dredge corridor following a cultural resources survey. The USACE issued a modification to the DoA Permit #SAW-2015-02140 on March 5, 2018 allowing for an increase of the channel width to 200 ft. On January 22, 2020, the CAMA Permit #129-16 was renewed and remains valid through December 31, 2024. The DoA Individual Permit #SAW-2016-02140 remains valid through March 1, 2027. hi the spring of 2020, permit modifications allowing for the North Carolina Department of Transportation's (NC DOT) cutterhead pipeline dredge to perform a one-time event to dredge a channel 200 feet wide to a depth of -12 feet mean low water (MLW) within the Hatteras Inlet Connector Channel corridor with disposal of the dredged material at the NCDOT upland disposal site at the north end of Ocracoke Island, Hyde County, North Carolina were requested. The modification request also included relief from the dredge moratorium such that dredge could operate through June 15, 2020. DCM subsequently issued a minor permit modification on April 3, 2020 and the USACE modified the County's DoA permit on May 4, 2020. A thud minor modification to the CAMA Major permit (#129-16) was issued by DCM on January 18, 2022 allowing for the use of the Dredge Miss Katie to perform the same dredging operations within South Ferry Channel as already permitted for the specified USACE dredges. The USACE issued a second modification to the DoA Permit ##SAW-2015-02140 allowing for the same action. The Miss Katie is still under construction but is expected to be operational this summer. Since the issuance of the initial permits, Dare County has implemented ten maintenance dredging events within South Ferry Channel utilizing the sidecast dredge Merritt and the special purpose dredges Currituck and Murden. Through coordination with regulatory and resource agencies, several of these events were authorized to be performed outside the environmental dredge window due to shoaling which severely limited navigation to the inlet. On March 17, 2022, Coastal Protection Engineering of North Carlina, LLC (CPE) submitted a letter to each of you on behalf of Dare County requesting permit modifications allowing for a one-time use of a mechanical dredge to operate within a portion of South Ferry Channel to remove less than 5,000 cy of sandy material to a depth of -5' MLLW. This action would have served to a create a pilot channel such that the Merritt could operate and perform approximately 2 weeks of maintenance dredging from within the same area within the channel corridor as depicted in the drawings submitted in the February 8th Written Notice. On March 16, the US Coast Guard (USCG), conducting reconnaissance work to locate safe navigation through Hatteras Inlet, marked a channel running north of a portion of the previously authorized channel corridor. On March 18 and March 22, the USACE collected additional bathymetric surveys of the area. These surveys identified the alternate channel first marked by the USCG. Based on feedback provided by the USCG, the conditions within this northern channel are better suited for successful and safe navigation and should be considered the preferred channel targeted for maintenance dredging. Although portions of the channel require immediate maintenance, the USCG was able transit through the channel and gain access to Hatteras Inlet earlier last week; however, the navigational buoys at South Ferry Channel were pulled by the Coast Guard earlier last week. It has been determined that this preferred channel contains water depths suitable for the utilization of the USACE sidecast dredge Merritt to perform the required maintenance dredging. Therefore, the need to create the pilot channel via the mechanical dredge within the original channel location is no longer needed. Accordingly, Dare County respectfully retracts their March 17 2022 request to operate the mechanical dredge within that portion of South Ferry Channel. With that in mind, Dare County is now seeking permit modifications allowing for maintenance dredging by the Merritt within the new northern channel location. As shown in Figure 1, this 150'wide channel extends 2,116' and serves to connect Sloop Channel to Hatteras Inlet. Its footprint is situated no less than 1,500' from existing SAV resources, based on the most recent survey available depicting SAV occurrences within the project area. Therefore, the proposed maintenance dredging activity will comply with CAMA Major Permit #129-16 Condition #4 which states that all dredging activities shall occur a minimum of 100' from all SAV beds. Once work begins, it is expected that the Merritt would require approximately 21 days to dredge the channel to operational conditions (-8 ft NAVD88). Therefore, because dredging would occur past April 1, this permit modification includes a request for a one-time relief from the dredge moratorium. Figure 1. Location of proposed channel to be dredged by the Merritt. Note: A 500' segment of this proposed channel is located outside of the permitted dredge corridor. In 2017, a comprehensive underwater archaeological survey was performed within the majority of the permitted channel corridor. In doing so, the area within the survey domain satisfied CAMA Major Permit #129-16 conditions #8 which states: In order to ensure that dredging activities do not adversely impact potential submerged archaeological resources, including shipwrecks, initial maintenance dredging of existing shoaled areas shall be limited to those areas determined by the Division of Coastal Management to have been previously dredged. Prior to the initiation of dredging activities in any area determined by the Division of Coastal Management to be outside of previously dredged areas, a comprehensive underwater archaeological survey shall be carried out for the entire project area. This underwater archaeological survey, which shall be designed in coordination with and approved by the Underwater Archaeology Branch of the Department of Natural and Cultural Resources, shall assess potential effects on these resources, and as necessary establish appropriate no -work zones around such resources. Although the channel proposed for maintenance dredging under this permit modification request lies within the domain of the connector channel corridor shown in the original 2016 permit applications, it includes a 500' long segment which extends beyond the confines of the archeological survey completed in 2018 (Figure 1). CPE is in coordination with the Underwater Archaeology Branch of the Department of Natural and Cultural Resources (DNCR) to determine if any additional actions will be required prior to being given their clearance to proceed. No dredging activity within this area will commence prior to the issuance of clearance by DNCR. Project drawings are under development and will be submitted to you as soon as possible. In the interim, in the interest of time, we hope that you will begin to review this proposed permit modification and initiate any required coordination processes. We recognize that this permit modification request comes at the heels of the March 17' request that we are now retracting. We also hope you recognize that the processes involved with attempting to maintain access through South Ferry Channel has been as dynamic as it's shifting shoals which has resulted in this abrupt change in the County's course of action. The prompt reestablishment of dependable navigation between Sloop Channel and the Atlantic. Ocean is of the utmost importance to the USCG to continue its mission of responding to mariners in distress and to the economy of Hatteras Island which depends on save navigation for its charter boat fleet. Our intention is to provide you and the resource agencies with a' high level of communication prior to, during, and after each dredge event even when the ever -changing conditions make that a challenge. We apologize for any confusion and continue to appreciate your continued support and guidance through this process. Please reach out to me should you need any additional information or have any questions in regard to this permit modification request. Sincerely, COASTAL PROTECTION.ENGINEERING OF NORTH CAROLINA, INC. Brad Rosov Senior Marine Biologist HATTERAS INLET MAINTENANCE PROJECT DARE COUNTY, NORTH CAROLINA 50�00 GRAPHIC SC IN FT RALEIGH* Yl�\p LIP 1i CAPE HATTERAS CHARLOTTE 011- PROJECT LOCATION IACKSONVRIE• OREHEAD CITY CAPE LOOKOUT N.T.S. CAPE FEAR ATLANTIC OCEAN NOT FOR CONSTRUCTION SHEETINDEX 1 COVERSHEET 2 PROJECTOVERVIEW 3 CONNECTOR CHANNEL PLAN VIEW 4 CONNECTOR CHANNEL CROSS SECTIONS GENERAL NOTES: 1. COORDINATES ARE IN FEET BASED ON NORTH CAROLINA STATE PLANE COORDINATE SYSTEM, NORTH AMERICAN DATUM 1983,(NA083) 2. ELEVATIONS ARE REFERENCED TO MLLW. PERMITTED DREDGE DEPTH IS RELATIVE TO THE MLW DATUM BEING APPROXIMATELY 0.08' ABOVE MLLW PER NOAA PID EX0400. 3. DATE OF AERIAL PHOTOGRAPHY: CS-1, PV-1 AND PV-2 FEB. 2017 GOGGLE EARTH. 4. SURVEY DATA COLLECTED BY US ARMY CORPS OF ENGINEERS. MARCH 18 AND MARCH 22, 2022. S. BATHYMETRIC CONTOURS REPRESENT THE CONDITIONS OF THE CHANNEL ON MARCH 18 AND MARCH 22, 2022 AND SHOULD NOT BE RELIED ON FOR NAVIGATION PURPOSES. LEGEND MEAN LOW WATER LINE MEAN HIGH WATER LINE CROSS SECTION UNE Q HAT-03-V-18 HATTERAS INLET BORINGS 2003 AND ID NEARSHORE DISPOSAL AREA (I \\ SUBMERGED AQUATIC VEGETATION AND 100 FT. BUFFER ASBUILT EXISTING CABLE ROUTE (CALDWELL CABLE VENTURES) EXISTING CABLE ROME (UTUTY ELECTRICAL CONSULTANTS, PC) ASBUILT NEW CABLE ROUTE TIDAL DATUM REFERENCE BASED ON NOAA TIDE STATION ID 8654467 EPOCH 1983-2001- a3<3 sa= 5 0 S -10 -15 A S-R' CROSS SECTION A -A' r.r2 MHW EL +0.52' _ __ _____ _____ _____ _____ _____ ..__._.._.._.._. MLW EL.+p.OB' _-_.._. ._.._._._.__.____ ____. _.___. ___.._._.._.._- ._._.._.._.._.._. MARCH Ia.2022 METING GRACE ---------- — -- -- --- ----- TARGETAO ----- EL.=A.0'MLLW ---- MA)UWUMAOEL.=-11.9ZMLLW -� a -5 -10 -15 I -20 -20 A+00 0+00 5+00 10+00 15+00 20+00 25+00 30+00 35400 40+00 45-00 DISTANCE ALONG SECTION (FEET) CROSS SECTION B-B' CROSS SECTION C-C' g R A.e. 6, C A -A' Cl f 0 W U.1 -5 3 J z -10 O j -15 W w -20 25 MHW EL.+0.52' ___ ____ --------- MLW EL. a0,CS' MARCH 18, 2022 I EXISTING GRADE 1 L TARGETAD EL. =A.0'MLL 3 3 MAXIMUM AD EL.=-11.92'MLLW CHANNEL WIDTH l5P � 0 0 U 5 5 3 J 0 -10 O 5 w -15 W -20 -20 MHW EL. +0.52' MLW EL. +0.09' , MARCH 16, 2022 / EXISTING GRACE 3 3 TARGET AD EL=A.0'M CHANNEL WIDTH 2OM � t MAXIMUM AD EL.=-11.92'ML I 5 tt Y 0 P L e ¢ _5 t -10 W 15 F F6 LW N -20 -750 -5 0 11 5 0 1000 -75U -5UU u 5Uu 1ULU DISTANCE ALONG SECTION (FEET) 0ISTANCE AL0NG SECTION (FEET) 1. ELEVATIONS ARE REFERENCED TO MLLW. PERMITTEDUREDGE 2„ 0 DEPTH IS RELATIVE TO THE MLW DATUM BEING APPROXIMATELY p 5 10"�—� 0.00'ABOVE MLLW PER NOPA PIS E 00 � HORIZONTAL GRAPHIC SCALE IN FT x NOT FOR CONSTRUCTION _ 2MAXIMUM P➢EL.OF-11.92 MLLW SHOWN ON CROSS SECTIONS VERTICAL GRAPHIC SCALE IN FT FOR REGULATORY REVIEW ONLY IS EOUALTO.12.00 MLW PER NOAA PIO EX0400. COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA, INC 4038 MAsoNeoRo Loop ROAD WILMINGTON, NC 28409 910-399-1905 March 25, 2022 Lindsay Flood Ferrante Office of State Archeology 109 East Jones Street Raleigh, NC 27699-4619 Subject: Dare County Hatteras Inlet Dredging Project — CAMA Permit No. 129-16: Request for Authorization to Proceed with Dredging Dear Ms. Ferrante: On December 16, 2016 the State of North Carolina issued CAMA Major Permit No. 129-16 to Dare County, which authorizes the County to conduct maintenance dredging of non-federal channels within a defined "channel corridor" in the vicinity of Hatteras Inlet. The permit includes the following condition as it relates to cultural resource protection: In order to ensure that dredging activities do not adversely impact potential submerged archeological resources, including shipwrecks, initial maintenance dredging of existing shoaled areas shall be limited to those areas determined by the Division of Coastal Management to have been previously dredged. Prior to the initiation of dredging activities in any area determined by the Division of Coastal Management to be outside of previously dredged area, a comprehensive underwater archeological survey shall be carried out for the entire project area. This underwater archaeological survey, which shall be designed in coordination with and approved by the Underwater Archeology Branch of the Department of Natural and Cultural Resources, shall assess potential effects on these resources, and as necessary establish appropriate no -work zones around such resources. On July 10, 2017, Tidewater Atlantic Research (TAR) submitted a permit application and work plan to the Department of Natural and Cultural Resources (DNCR) to conduct a comprehensive underwater archeological survey within the previously undredged portions of the "channel corridor". Upon review of the application and work plan, the State issued a letter dated August 22, 2017 confirming that "The proposed survey methodology meets the guidelines established by the NC Underwater Archeology Branch for marine remote - sensing surveys". TAR subsequently performed the survey and on October 12, 2018, a final report was submitted to the State based on the work conducted by TAR (Phase 1 Remote -Sensing Archeological Survey of Proposed Channel Improvement Area, Inside Hatteras Inlet Dare County, North Carolina). On November 15, 2018, the DNCR State Historic Preservation Office issued a letter concurring with 1) the 2018 TAR report's findings and recommendations that no further archaeological investigations be undertaken in the areas surveyed that will be impacted by the proposed dredging operations and 2) the report and recommend that dredging operations are conducted with awareness of the extant conditions delineated within the report. On January 22, 2020, the CAMA Permit #129-16 was renewed and remains valid through December 31, 2024. Since the issuance of the initial permits, Dare County has implemented ten maintenance dredging events COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA, INC. Page 12 within the approved channel corridor utilizing the sidecast dredge Merritt and the special purpose dredges Currituck and Murden. No archeological resources have been encountered during these various dredging events conducted under CAMA Permit #129-16 At present, the USACE dredge fleet is one vessel down with the dredge Currituck undergoing extensive maintenance that will have it out of commission into late Fall 2022. This has resulted in high demand for the remaining 2 dredges throughout the East Coast. In late December 2021 /early January 2022, the dredge Merritt conducted 2 to 3 days of spot dredging within the authorized channel corridor (LAMA Permit #129-16). This spot dredging was conducted with the understanding that a more substantial dredge event was warranted and should be scheduled for March. By late January, the navigation channel had shoaled to the point that the US Coast Guard (USCG) 47' Motor Life Boat, based out of USCG Station Hatteras could not access the ocean through Hatteras Inlet. This shoaling has also significantly impacted the charter fishing industry based out of Hatteras Village. On Sunday February 13, a small plane crashed into the Atlantic off the southern Outer Banks and because of the shoaling at South Ferry Channel, the USCG 47' Motor Life Boat was not able to respond in a timely matter. The USCG has stated that the opening of South Ferry Channel to allow the 47' Motor. Life Boat to access the ocean through Hatteras Inlet is crucial for the USCG to execute its mission. On March 16, the USCG conducted reconnaissance efforts to identify a safe navigable route through South Ferry Channel to the Hatteras Inlet gorge. In doing so, they discovered and marked a channel which runs just north of Dare County's authorized channel corridor. Figure 1 shows the location of the USCG waypoints indicating the location of the channel in relation to the channel corridor, which, as mentioned above has been cleared by the 2018 cultural resource survey. Between March 18 and March 22, the USACE conducted a bathymetric survey of the area that followed the USCG waypoints and identified a natural channel with controlling water depths of approximately 4 feet MLLW The USACE has indicated that the USACE dredge Merritt could be available to dredge shoaled portions of the channel in the coming weeks to open a route from Sloop Channel to the Hatteras Inlet gorge. However, as mentioned above, a portion of the shoaled area that requires dredging lies outside of the 2018 cultural resource survey area. This area is shown on Figure 2 along with the bathymetric survey conducted March 18 and March 22. The area is 150 feet wide and approximately 500 feet in length. At present Dare County is coordinating with a contractor to conduct an additional cultural resource survey of a broader area that would account for future natural migration of this channel. However, due to the immediate need to restore safe passage from Sloop Channel to the Hatteras Inlet gorge, Dare County is requesting your approval for the limited dredging of a 150 foot wide, 500 foot long portion of the channel which was not included in the 2018 survey area. Again, the immediate need for dredging stems from the USCG's need to maintain the ability to respond to life saving missions and the potential adverse economic impact to the region if the charter fishing fleet cannot safely access the ocean. While the original permit allows for dredging to -12 MLLW, this request proposes to excavate down to a. depth not to exceed -8 feet MLLW, which should mitigate some of the risk of the dredge impacting cultural resources. COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA, INC. Page 13 Figure 1. Map of the authorized dredge corridor based on the 2018 cultural resource survey and reconnaissance survey way points dated March 16, 2022. COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA, INC. Page 14 Figure 2. Map showing March 18, 2022 bathymetry and the portion of the proposed channel requiring dredging that falls outside the previously cleared area. COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA, INC. Page I5 As you evaluate this request to authorize dredging to proceed in the area outside of the 2018 survey area, you may want to review your files to see if a cultural resource survey was conducted to support the efforts to install power cables across the Hatteras Inlet Complex in the late 1990s. Our records indicate that the cables were installed in 2000 and were trenched in approximately 6 feet below existing depths at the time of installation. Correspondence from the company that owns the cables indicated that depths at the time ranged from -10 ft. MLW to -20 ft. MLW, which would suggest that this corridor was deeper than the proposed -8 ft. MLLW channel for which authorization is being requested. Please reach out to me should you need any additional information or have any questions regarding this request.. Sincerely, � Ken Willson Senior Program Manager Coastal Protection Engineering of North Carolina, Inc. Office: 910-399-1905 Mobile: 910-443-4471 kwillson@coastalprotectioneng.com CC: Bobby Outten, Dare County Barton Grover, Dare County Jonathan Howell, NC DCM Heather Coats, NC DCM Josh Pelletier, USACE. Chris Southerly, Underwater Archeology Branch Nathan Henry, Underwater Archeology Branch North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper - Office of Archives and History Secretary D. Reid Wilson Deputy Secretary, Darin J. Waters, Ph.D. March 30, 2022 Ken Willson kwillson()a,coastalprotectioneng.com Senior Program Manager Coastal Protection Engineering of North Carolina, Inc. 4038 Masonboro Loop Road Wilmington, NC 28409 Re: Request for authorization to proceed with dredging outside of the authorized channel within Hatteras Inlet, Hyde and Dare Counties ER 20-0716 Dear Mr. Willson: We have reviewed the above -referenced request to open a new emergency channel, outside of the previously authorized channel within Hatteras Inlet. The purpose of this request is to bypass shoaled sections of the authorized channel that are impeding the passage of larger vessels from Hatteras Island to the Atlantic Ocean. The new channel will follow an ephemerally deep channel through the flood tidal delta to link with Sloop Channel, the previously authorized western leg of the Hatteras to Ocracoke navigational channel. Approximately 2200 feet of this ephemeral channel was archaeologically surveyed in 2018 by Tidewater Atlantic Research, Inc. (TAR) and determined to have no significant historical resources that may be impacted by dredging. Approximately 4040 feet of the ephemeral channel passes through an area that has never been surveyed to determine if the resources are present. A bathymetric survey performed on March 18, 2022, determined that for the most part this 4040-foot unassessed channel is deep enough forboat traffic to pass. One section within this channel will need to be deepened to accomplish the goal of allowing the passage of boat traffic. Coastal Protection and Engineering of NC, Inc. has requested approval for dredging a section of bottom 500 feet long by 150 feet wide, and 8 feet in depth over this shallow area where no archaeological survey has been performed. Due to significant economic and public safety concerns we recommend that this temporary navigational channel be opened to allow the passage of the Hatteras Island charter fishing fleet and US Coast Guard 47' Motor Lifeboat. If shipwreck material is encountered during the dredging operation, the contractor should stop work, move to another area, and contact the state underwater archaeologist as soon as possible at: UAB(a),ncdcr.gov. , Location: 109 EastJones Street, Raleigh NC 27601 Mailing Address:4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 814-6570/B14-6898 ER 20-0716, March 30, Page 2 of 2 We also recommend that an archaeological survey be conducted over the unassessed portion of the channel as soon as possible to allow for maintenance dredging of the inevitable shoaling that will occur. In addition, while not in the path of this proposed emergency channel, the maps provided with this request do not indicate a shipwreck site that was identified during the 2018 TAR survey. In an effort to ensure all parties involved are aware of the no -dredge buffer over this archaeological site, we recommend that it be clearly marked on all charts and construction plans submitted for permits and especially those plans that guide the contractor during the dredging process. For your convenience the coordinates for this rectangular buffer are: Northwest Comer: Northeast Corner: Southeast Corner: Southwest Corner 35.197315° ,Lat.; 35.1972470 Lat.; 35.195873' Lat.; 35.195941' Lat.; -75.763361' Long. -75.760847' Long. -75.760906' Long. -75.76341,1' Long. 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 comments, please contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579 or environmental.review(a),ncdcr.gov. In all future communication concerning this project, please cite the above -referenced tracking number. Sincerely, ✓Ramona Bartos, Deputy vS. State Historic Preservation Officer cc: Brian Doliber, NCDOT Ferry Division Matt Wilkerson, NCDOT, Archaeology Jonathon Howell, DCM Cathy Brittingham, DCM Transportation Josh Pelletier, CIV USARMY CESAW Emily Hughes, CIV USARMY CESAW Gordon P. Watts, Jr., PH.D., RPA bcdoliber(a,ncdot. gov mtwilkersonna,ncdot. gov ionathan.howell(ci�,ncdenr. gov Cathv.Brittingham(c mcdenngov Josh.R.Pelletier(a,usace.armv.mil Emily.B.Hughes ebusace.army.mil iimr(d,coastalnet.com Location: 109 East Jones Street, Raleigh NC 27601 Mailing Addtese: 4617 Mail Service Centeq Raleigh NC 27699-4617 Telephone/Fax: (919) 814-6570/814-6898 UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration NATIONAL MARINE FISHERIES SERVICE • Southeast Regional Office `d "2 263 13" Avenue South St. Petersburg, Florida 33701-5505 hflos://www.fisheries.noaa.aov/region/southeast April 1, 2022 F/SER47:TC/pw (Sent via Electronic Mail) Colonel Benjamin A. Bennett, Commander U.S. Army Corps of Engineers Wilmington District 69. Darlington Avenue Wilmington, North Carolina 28403-1398 Attention: Josh Pelletier Dear Colonel Bennett: NOAA's National Marine Fisheries Service (NMFS) reviewed the proposed permit modification for Action ID No. SAW-2016-02140, dated March 28, 2022. Dare County seeks authorization for dredging a new northern Connector Channel within the Hatteras Inlet complex. Shoaling within the channel is restricting navigation. To improve navigation into Hatteras Inlet, Dare County is seeking permit modifications allowing it to use U.S. Army Corps of Engineers (USACE) dredges for maintenance of the new northern channel location along with a one-time request for relief from the moratorium used to minimize impacts to fishery resources. As the nation's federal trustee for the conservation and management of marine, estuarine, and diadromous fishery resources, the NMFS provides the following comments pursuant to authorities of the Fish and Wildlife Coordination Act and the Magnuson -Stevens Fishery Conservation and Management Act (Magnuson -Stevens Act). Based on information provided by the U.S. Coast Guard, the conditions within the proposed new northern Connector Channel are better suited than the original channel for successful and safe navigation and should be the preferred channel for maintenance dredging. Water depths within the preferred channel were determined suitable for the USACE sidecast dredge Merritt to perform the maintenance dredging. The proposed action would allow Dare County to maintain the 500 feet of new northern Connector Channel outside of the dredging corridor as well as a moratorium relief request through April 21, 2022. The NMFS provided Essential Fish Habitat (EFH) Conservation Recommendations to the Wilmington District on December 16, 2016, for the draft Environmental Assessment for the.Dare County Hatteras Inlet Channel Maintenance Project (EA), dated October 2016, and the separate Essential Fish Habitat Assessmentfor the Dare County Hatteras Inlet Channel Maintenance Project, dated October 2016. Additional communication from NMFS included responses to modification requests and emergency dredging requests starting in August 2017. Inlets are dynamic systems providing EFH and serving as corridors for all fishes, including many NOAA-trust resource species, such as bluefish (Pomatomus saltatrix), summer flounder (Paralichthys dentatus), brown shrimp (Farfantepenaeus aztecus), pink shrimp (Farfantepenaeus duorarum), and white shrimp (Litopenaeus setiferus), with varying requirements for life stage development. The State of North Carolina designates Hatteras Inlet as a Crab Spawning Sanctuary under the Blue Crab Fishery Management Plan, Amendment 31. Spawning occurs during the months of April to September in the high -salinity, soft -bottom inlet habitat as described in NOAA's An Assessment of the Fisheries Species Time -of -Year Restrictions for North Carolina and South Carolina 2. Tidal inlets and state -designated spawning areas also are Habitat Areas of Particular Concern (HAPCs) under several federal fishery management plans from the South Atlantic Fishery Management Council. The proposed channel connector's proximity to submerged aquatic vegetation (SAV), which also is an HAPC under federal fishery management plans, concerns NMFS. The proposed modification would result in utilization of a channel significantly closer to SAV. Impacts from dredging and material disposal include an increase in the turbidity and total suspended solids from sediments, silt, and organic materials. Sidecasting of material into this new channel could increase suspended solids for extended durations and impair biological productivity and ecological function by clogging fish gills, affecting recruitment of fish and invertebrates, and suppressing growth of SAV and shellfish. Given the dynamic nature of inlets, the NMFS expects frequent requests to dredge outside the moratorium periods designed to protect fishery resources. The latest data available from the Albemarle -Pamlico National Estuary Partnership outlines a drastic decrease for SAV in Hatteras Inlet. Impacts from persistent storms, repeated dredging, and climate change have reduced the presence of SAV in North Carolina. Adhering to dredging windows and recommended buffers allows the best opportunity to preserve existing SAV and protect historical SAV habitat. EFH. Conservation Recommendations The NMFS understands the importance of maintaining safe navigation through Hatteras Inlet and is amenable to the connector channel modification and a one-time request for relief from moratorium. However, Section 305(b)(4)(A) of the Magnuson -Stevens Act requires NMFS to provide EFH Conservation Recommendations for any federal action or permit which may result in adverse impacts to EFH. The following recommendations are provided to ensure the conservation of EFH and associated fishery resources. These recommendations are consistent with previous comments provided by the NMFS on Dare County projects and moratorium relief requests within Hatteras Inlet. • Dare County should be required to follow a monitoring plan for all dredge events outside of the moratorium described by the North Carolina Coastal Habitat Protection Plan for the Northern Outer Banks (i.e., when dredging occurs from April 1 to September 30). SAV should be mapped prior to the start of dredging and again closer to the end of SAV growing season. Mapping should include the edges of SAV beds and percent cover and composition of the SAV community characterized. Monitoring reports should be NCDMF (North Carolina Division of Marine Fisheries). 2020. North Carolina Blue Crab (Callinectes sapidus) Fishery Management Plan Amendment 3. NCDMF, Morehead City, North Carolina. 257p. 2 Wickliffe, L.C., F.C. Rohde, K.L. Riley, and J.A. Morris, Jr. (eds.). 2019. An Assessment of Fisheries Species to Inform Time -of -Year Restrictions for North Carolina and South Carolina. NOAA Technical Memorandum NOS NCCOS 263. 268 pages. provided to resource agencies at the end of the growing season in which dredge events occurred. • Dare County should be required to maintain a 300-foot buffer between SAV and all dredging and disposal areas. The buffer should begin at either the channel or discharge location, whichever is closest to the SAV beds. The NMFS appreciates the opportunity to provide these comments. Please direct related correspondence to the attention of Ms. Twyla Cheatwood at our Beaufort Field Office, 101 Pivers Island Road, Beaufort, North Carolina 28516-9722, at (252) 728-8758, or at Twyla.Cheatwood@noaa.gov. Sincerely, W ILBER.THOM ' ol9lcauYsigned by W ILBER.THOMAS.PAYSON. AS.PAY! N.1 365820186 �022.04.01 09:28:19 / for 6582011 04'00' Virginia M. Fay Assistant Regional Administrator Habitat Conservation Division cc: COE, Josh.Pelletier@usace.army.mil NCDMF, Anne.Deaton@ncdenr.gov NCDMF, James.Harrison@ncdenr.gov NCDNER, Daniel.Govoni@ncdenr.gov USFWS, Kathryn_Matthews@fws.gov F/SER47, Twyla.Cheatwood@noaa.gov 1 North Carolina Wildlife Resources Commission S Cameron Ingram, Executive Director MEMORANDUM TO: Jonathan Howell Division of Coastal Management North Carolina Department of Environmental Quality FROM: Maria T. Dunn, Coastal Coordinator Habitat Conservation Division DATE: March 31, 2022 SUBJECT: CAMA Dredge/Fill Permit Modification for Dare County Permit #129-16, South Ferry Channel Maintenance, Dare and Hyde Counties, North Carolina. Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit modification with regard to impacts on fish and wildlife resources. The project site is within the Hatteras Inlet complex, adjacent to the area known as the South Ferry Channel utilized by the NC Division of Transportation (NCDOT) ferry system. Our comments are provided in accordance with provisions of the Coastal Area Management Act (G.S. 113A-100 through 113A-128), as amended, Sections 401 and 404 of the Clean Water Act, as amended, the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.), the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.), the Magnuson -Stevens Fishery Conservation and Management Act (FCMA), as amended (16 U.S.C. 1801 et seq.), and the Migratory Bird Treaty Act (16 U.S.C. 703-712 et seq.). Dare County is requesting an authorization allow the US Army Corps of Engineers (USACE) dredge plant, the Merritt, to operate for approximately 21 days within a new preferred location adjacent South Ferry Channel. This area is specifically defined in the modification request received on March 25, 2022 titled "Permit Modification Request -Northern Channel _Sent". The new 500' channel was identified by the US Coast Guard as being a more viable option for safe navigation than the permitted connector channel. In addition to the request to dredge within a new area, Dare County is seeking allowance to dredge during the moratorium that begins on April 1. This request included a retraction for the previous modification request received on March 18, 2022 and titled "Permit Modification Request SFC NC DOT dredge" that included mechanical dredge and upland disposal at the South Ferry Dock Spoil site. The NCWRC has reviewed the request and understands the difficulty in maintaining a static channel in a dynamic system. We appreciate the coordination expressed by all parties to find a solution while taking Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 Page 2 into consideration impacts to important environmental resources. This current modification request is to allow a one-time dredge event for a 500' channel outside the previously permitted area. Submerged aquatic vegetation (SAV) imagery shows SAV is present in the area, but is approximately 1000' away from the proposed dredge site. While the location of this channel is closer to SAV than the permitted area, it is anticipated the distance is likely sufficient so as to have minimal impact on SAV for this one-time event. Therefore, the NCWRC does not object to this one-time allowance to dredge as indicated within the month of April. We support recommendations provided by the NC Division of Marine Fisheries (NCDMF) to protect marine resources, including a specified minimum buffer distance of project disturbance from SAV. We encourage the applicant and other interested parties to look at and consider options within the Hatteras Inlet complex to provide safer navigation opportunities while minimizing impacts to environmental resources. This may necessitate surveys in areas previously undisturbed by navigation activities. Having a comprehensive approach consistent among all vested parties would provide the most effective and efficient navigation system for the area while taking into account important environmental resources, impacts to these resources, and navigation complications in the area. The NCWRC appreciates the opportunity to review and comment on this permit modification. We encourage continued communication between all parties during this event, providing information on project progression and completion. If you need Further assistance or additional information, please contact me at (252) 948-3916 or maria.dunnAncwildlife.org ROY"ZO:OP.ER �Gai'ClaoY, ELIZABETH Ss BISER ... Rar j? KATHY B:-RAWGS 6trecror, TO: Jonathan Howell, NCDCM Major Permits Coordinator FROM: James Harrison, NCDMF Fisheries Resource Specialist SUBJECT: South Ferry Channel Modification (Permit Number 129-16) DATE: 31 March 2022 A North Carolina Division of Marine Fisheries (DMF) Fisheries Resource Specialist has reviewed the proposed permit modification for proposed actions that may impact fish and/or fish habitats. Based on data obtained from the U.S. Coast Guard (USCG), an alternate channel was found that includes conditions that are better suited for safe and successful navigation in comparison to the original connector channel. Although portions of the proposed channel will require immediate maintenance, the USCG was able to transit through the channel and access Hatteras Inlet. The proposed modification includes a request to dredge 500' of a new channel outside of the established dredging corridor as well as a moratorium relief request for 21 days. DMF is concerned with the proposed new channel connector because it is located outside of the established South Ferry Channel dredging corridor included in previous modifications and because this channel would be in closer proximity to submerged aquatic vegetation (SAV) than the previous permitted channel, resulting in continued vessel usage and increased boat wake near SAV, and increased potential for turbidity and/or sedimentation reaching SAV beds. Based on newly available 2020 SAV imagery, it appears that the closest SAV at that time was approximately 1,000' from the proposed new connector channel. This distance should be sufficient to minimize habitat resource concerns. Therefore, DMF is amenable to granting this one-time modification in order to utilize a channel that currently has conditions more suitable for safe usage. However, if this channel is to be utilized more regularly in the future, DMF will have to reevaluate and may recommend that additional.conditions (i.e., mapping, monitoring) be required in order to minimize impacts to species and habitats of concern. DMF is also amenable to granting this one-time moratorium relief for the requested 21 days. DMF also supports the recommendations provided by the NC Wildlife Resources Commission (NCWRC) and National Marine Fisheries Service (NMFS) to protect resources, including the recommendation to consider other options within the Hatteras Inlet complex. If channel or SAV locations change over time, DMF would recommend that a minimum 300' buffer be maintained around SAV with no dredging or placement (including sidecasting) within the buffer. This aligns with what has been previously agreed upon between the U.S. Army Corps of Engineers (USACE) and the resource agencies for Hatteras Inlet dredging and was included in the USACE's Environmental Assessment (EA) for the Hatteras Inlet channel realignment. Thank you for consideration of our comments and concerns. Please contact Jimmy Harrison at (252) 948- 3835 or at iames.harrisontancdenr.eov with any further questions or concerns. State of North Carollna I DMSlonofMar nerisherfes 3441 ArendellStreet [ P.O. Box 769 1 Morehead City, Nordi.Catollna28557 252.726r7021 ROYrC00PEk Co4entw, Et&ABj;,TFi S BiSE2 T2iCFiARTY E:RCGGERS'Jti.`=' 'Ofrermr" -.. March 31, 2022 Dare County Attn: Mr. Robert Outten 954 Marshal C Collins Drive Manteo, NC 27954 D W R # 20131279 v5 Dare and Hyde Counties Subject: Approval of Individual 401 Water Quality Certification — Modification Dare County Hatteras Inlet Connecter Channel Project ACOE Action ID# SAW-2016-02140 CAMA MP# 129-16 Dear Mr. Outten, Attached hereto is a copy of Certification No. WQC004081 issued to Dare County, dated March 31, 2022. This Certification replaces the Certification issued on December 16, 2016 and re -issued. on March 7, 2018. Modification of this certification was requested by Dare County to shift the dredged channel to a new northern channel location and allow relief from the dredging moratoria windows. This modification is for a one-time event and future dredging events in this northern channel are required review by this office. Please note that you should get any other federal, state or local permits before proceeding with the subject project, including those required by (but not limited to) Sediment and Erosion Control, Non - Discharge, and Water Supply Watershed regulations. This Water Quality Certification does not relieve the Permitees of the responsibility to obtain all other required Federal, State, or Local approvals before proceeding with the project, including those required by, but not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and Trout Buffer regulations. This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize any person to interfere with the riparian rights, littoral rights, or water use rights of any other person and does not create any prescriptive right or any right of priority regarding any usage of water. This Water Quality Certification shall not be interposed as a defense in any action respecting the determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed by virtue of this Water Quality Certification to possess any prescriptive or other right of priority with respect to any other consumptive user regardless of the quantity of the withdrawal or the date on which the withdrawal was initiated or expanded. Upon the presentation of proper credentials, the Division may inspect the property: D_E Q North Carolina Department of Environmental Quality I Division ofNater Resources 512 North SalisburyStrect 11611 Mail service Center I Raleigh, North Carolina 27699-1611 'No 919.707,9000 Dare County— Hatteras Inlet Dredging Corps Action ID# SAW-2016-02140 D W R# 2013-1279v5 WQC004081 Page 2 of 9 This Water Quality Certification shall expire on the same day as the expiration date of the corresponding Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the expiration date of this Water Quality Certification. Non-compliance with or violation of the conditions herein set forth may result in revocation of this Water Quality Certification for the project and may also result in criminal and/or civil penalties. If you are unable to comply with any of the conditions of this Water Quality Certification you must notify the Raleigh Regional Office within 24 hours (or the next business day if a weekend or holiday) from the time the permitee(s) becomes aware of the circumstances. The permitee(s) shall report to the Raleigh Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permitee(s) became aware of the non-compliance circumstances. This approval and its conditions are final and binding unless contested [G.S. 143-215.5]. This Certification can be contested as provided in Chapter 150E of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150E of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000. A party filing a Petition must serve a copy of the Petition on: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 If the party filing the Petition is not the permitee(s), then the party must also serve the recipient of the Certification in accordance with N.C.G.S 150B-23(a). North Carolina Depatur= of Environmental Quality I Division of Water Resources _�� 512 North Salisbury Street 1 1611 Mail Scrvice Cemaro cr I Raleigh. North Clina 27699-1611 DEQ �\.eo�l 919.707.9000 Dare County —Hatteras Inlet Dredging Corps Action ID# SAW-2016-02140 DWR# 2013-1279v5 WQC004081 Page 3 of 9 This letter completes. the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Please contact Paul Wojoski at 919-707-9015 or Paul.Woioski@ncdenr.gov if you have any questions or concerns. Sincerely, DocuSigned 6y: E awG W, 949D91 BA53EF4E0... Paul Wojoski, Supervisor 401 & Buffer Permitting Branch cc (via email): Jonathan Howell, DCM Heather Coats, DCM Josh Pelletier, USACE Washington Regulatory Field Office Brad Rosov, Coastal Protection Engineering of North Carolina, Inc. DWR Wilmington Regional Office DWR 401 & Buffer Permitting Branch file Filename: 131279v5 HatterasCha nnel Maintena nceProject(Da reHyde)_401_IC_Mod North Corolina Dcparuncnt of Environ ncotal Quality I Division of Watt Resources D �� 512 North Salisbury Street 1 1611 Mad Service Center I Raleigh. North Carolina 27699-1611 4 _ 919,707.9000 Dare County— Hatteras Inlet Dredging Corps Action ID# SAW-2016-02140 DWR# 2013-1279vS W QC004081 Page 4 of 9 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION CERTIFICATION #WQC004081 is issued in conformity with the requirements of Section 401, Public Laws 92- 500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500, to Dare County who have authorization for the impacts listed below, as described within your application received by the N.C. Division of Water Resources (Division) on November 21, 2016 and by Public Notice issued by the U.S. Army Corps of Engineers and received by the Division on November 1, 2016 and modified by application received on February 16, 2018 and subsequent information on March 2, 2018 and modification request received March 30, 2022. The State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in accordance with the application, the supporting documentation, and conditions hereinafter set forth. This approval requires you to follow the conditions listed in the certification below. Conditions of Certification: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification are met. No other impacts are approved, including incidental impacts. [15A NCAC 02B .0506(b)(c)] Amount Amount Plan Location or Reference Approved Reduced Type of Impact (units) (units) Permanent Temporary Open Water OW1 (Previous Dredging Event —Connector 19.5 (acres) 0 (acres) Figures 1 and 8- USACE Public Channel within Corridor) Notice November 1, 2016 OW2 (Connector Canal Widening Dredge) Plan Sheets CS-1, PV-1&2, and 11.5 (acres) 0 (acres) XS-1, provided by Aptim Coastal Planning and Engineering, Inc. dated February 2, 2018 OW3 Northern Channel 0.73 acres Plan Sheets CS-1, PV-1&2, and XS-1, provided by Coastal One-time event. 500' extending outside (150 foot 0 (acres) Protection Engineering dated the previously reviewed channel connector 2,116 foot area) March 25, 2022 corridor. North Carolina Depanmcntof Environmental Quality I Division of Water Resources -D �1� 512 North Salisbury Strew 1 1611 Mail Service Center I Raleigh. North Carolina 27699-I611 y� 919.707.9000 Dare County — Hatteras Inlet Dredging Corps Action ID# SAW-2016-02140 DWR# 2013-1279v5 WQC004081 Page 5 of 9 2. This approval is for the purpose and design described in your application and as described in the Public Notice. The plans and specifications for this project are incorporated by reference and are an enforceable part of the Certification. Any modifications to the project require notification to DWR and may require an application submittal to DWR with the appropriate fee. [15A NCAC 02H .0506; 15A NCAC 02H .0507(c)] 3. Due to the potential for impacts from sedimentation and/or turbidity on submerged aquatic vegetation (SAV) beds and other marine habitat, when practical, the applicant shall use a hopper dredge plant with minimum 100-foot buffer between the latest mapped SAV beds and the proposed dredge channel widening, utilizing the previously authorized nearshore disposal site in the Atlantic Ocean just south of Ocracoke Island. If the 100-foot buffer cannot be maintained, the DWR Washington Regional Office (252-946-6481) must be notified. [15A NCAC 02B .0221] 4. If a sidecast dredge is utilized: a. A minimum 100-foot buffer shall be maintained between the historically mapped SAV beds and the proposed dredge channel; and b. When practical, the use of a sidecast dredge shall be limited to the out -going tide. If the 100- foot buffer cannot be maintained, or the use of the sidecast dredge cannot be limited to the out -going tide, the DWR Washington Regional Office (252-946-6481) must be notified. 115A NCAC 026 .0221] 5. The permittee shall limit dredging with the Dredge Moratorium (April 1 to September 30) only to events associated with storm or shoaling that creates navigational hazards or commercial and recreational vessels, The Permittee shall comply with any moratoriums as required bythe NC Division of Marine Fisheries, NC Wildlife Resources, US Fish and Wildlife and National Marine Fisheries. Exceptions to this condition require written approval by the resource agency responsible for the given moratorium. If such activities should take place during periods of high biological- activity (e.g. shorebird, or sea turtle nesting), biological monitoring may be required at the request of other state and federal agencies and coordinated with these dredging activities. If dredging must occur during the Dredge Moratorium, the DWR Washington Regional Office (252-946-6481) must be notified. [15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 026.02211 D North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611 rm 919.7079000 Dare County — Hatteras Inlet Dredging Corps Action ID# SAW-2016-02140 DWR# 2013-1279v5 WQC004081 Page 6 of 9. 6. All mechanized equipment operated near surface waters or wetlands shall be regularly inspected and maintained regularly to prevent contamination of surface waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a hydrocarbon or chemical spill, the permittee/contractor shall immediately contact the Division of Water Resources, between the hours of 8 am to 5 pm at the Washington Regional Office at (252) 946-6481 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 Waste Control Act. [15A NCAC 02H .0507(c), 15A NCAC 02B .0200, and G.S. 143 Article 21A] 7. The Permittee shall adhere to Title 15A NCAC 02B .0221 Tidal Salt Water Quality for SA Waters and the water quality standards applicable to Class SC and SB waters as described in Rule .220 and Rule .0222, including but not limited to: (g) pH: shall be normal waters for the waters in the area, which generally shall range between 6.8 and 8.5 except that swamp waters may have a pH as low as 4.3 if it is the result of natural conditions; [15A NCAC 02B .0220(g)] (1) Turbidity: the turbidity in the receiving waters shall not exceed 25 NTU; if turbidity exceeds this level due to natural background conditions, the existing turbidity level shall not be increased. Compliance with this turbidity standard can be met when land management activities employ Best Management Practices (BMPs) [as defined by Rule .0202 of this Section]. BMPs must be in full compliance with all specifications governing the proper design, installation, operation and maintenance of such BMPs; [15A NCAC 02B .0220(I)] 8. Dare County shall conduct construction activities in a manner consistent with State water quality standards (including any requirements resultingfrom compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of State and Federal law. 115A NCAC 02B .02001 If the Division determines that such standards or laws are not being met (including the failure to sustain a designated or achieved use) orthat State orfederal law is being violated, or that further conditions are necessary to assure compliance, the Division may reevaluate and modify this Certification. Before modifying the Certification, the Division shall notify Dare County and the U.S. Army Corps,of Engineers, provide public notice in accordance with 15A NCAC 02H .0503 and provide opportunity for public hearing in accordance with 15A NCAC 02H .0504. Any new or revised conditions shall be provided to Dare County in writing, shall be provided to the U.S. Army Corps of Engineers for reference in any Permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the project. 9. The applicant and/or authorized agent shall provide a completed Certificate of Completion Form to the DWR 401 & Buffer Permitting Unit within ten days of project completion (available at: http://Portal.ncdenr.org/web/wq/swp/ws/401/certsandpermits/apply/forms.) [15A NCAC 02H .0507(c)] North Carolina Department of Environmental Quality I Division of Water Resources D -E Q�� 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh. North Carolina 27699-1611 r 919.707.9000 Dare County— Hatteras Inlet Dredging Corps Action ID# SAW-2016-02140 D W R4 2013-1279v5 WQC004081 Page 7 of 9 10. No Impacts Beyond those Authorized No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the application, as authorized in this approval, 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 references and are enforceable parts of this certification. 115A NCAC 02H .0501 and .0502] 11. 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 [15A NCAC 02H .0507(c) and 15A NCAC 02B .0200]: 12. 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. [15A NCAC 02H .0507(c)] 13. 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. [15A NCAC 02H .0507(c)] 14. 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. 115A NCAC 02H .05O7(c)] 15. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. [15A NCAC 02H .DS07(c)] 16. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS-1, 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. 17. 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 �y North Carolina Department of Environmental Quality I Division of Water Resources Jp 512 North Salisbury street 1 1611 Mad service Center I Raleigh. North Carolina 27699-1611 KQ �r� 919.707.9000 Dare County— Hatteras Inlet Dredging Corps Action ID# SAW-2016-02140 D W R# 2013-1279vS WQC004081 Page 8 of 9 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, adjacent to 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 Energy, Mineral and Land Resources (DEMLR) or locally delegated program has released the specific area within the project. [15A NCAC 02H .0501 and .0502] 18. 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 permit, 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://Dortal.ncdenr.org/web/wo/ws/su/npdessw#tab-w. [15A NCAC 02H .0507(c)] 19. 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 Title 15A NCAC 02B .0233, .0259, .0243, .0250, .0267 and .0605, and shall be located, designed, constructed, and maintained to have minimal disturbance to protectwater quality to the maximum extent practicable through the use of best management practices. All buffer rule requirements, including diffuse flow requirements, must be met. [15A NCAC 02B .0200] 20. 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. [15A NCAC 026.0200] 21. If an environmental document is required under the State Environmental Policy Act (SEPA), then this Certification is not valid until a Finding of No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State Clearinghouse. If an environmental document is required under the National Environmental Policy Act (NEPA), then this Certification is not valid until the Final Environmental Assessment (EA) or Environmental Impact Statement (EIS) is published by the lead agency. [15A NCAC 01C .0107(a)] 22. The applicant/permittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with Nonh Carolina DepanmeutofEnvimumentel Quality I Division of Water Resources D E Q:> 512 North Salisbury Street 11611 Moil Scrvice Ccnter I Raleigh. North Carolina 27699-I611 -�� 919.707.9000 Dare County— Hatteras Inlet Dredging Corps Action ID# SAW-2016-02140 DWR# 2013-1279v5 WQC004081 Page 9 of 9 §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 Water Quality Certification. [15A NCAC 02H .0507©1 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 Certification in order to ensure compliance with all applicable water quality and effluent standards. [15A NCAC 02H .0507(c)] 24. 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. The conditions in effect on the date of issuance shall remain in effect for the life of the project, regardless of the expiration date of this Certification. [15A NCAC 02H .OS07(c)] This the 31" day of March 2022 CDocuSigned by: P L u1o4�"" 949D91 BASKWO... Paul Wojoski, Supervisor 401 & Buffer Permitting Branch PAW WQC004081 D 0%1 Notch Cnrolinu Dcpmtmant ofErAonumened Quality I Division of Water Resources 512 North Salisbury Street 11611 Mail Service Center I Raleigh. North Carolina 27699-1611 �, 919,707,9000 Howell, Jonathan From: Goebel, Christine A Sent: Thursday, March 31, 2022 5:00 PM To: Howell, Jonathan; Davis, Braxton C Subject: FW: [External] RE: Hatteras Emergency FYI From: Hargrove, Andrew D <drew.hargrove@ncdenr.gov> Sent: Thursday, March 31, 2022 4:55 PM To: Batherson, John G <John.Bathe rson@ncdenr.gov>; Goebel, Christine A <Christine.Goebel@NCDENR.GOV>; Lane, Bill F <Bill.Lane@ncdenr.gov> Subject: RE: [External] RE: Hatteras Emergency 401 modification was issued today. Thanks, Drew Hargrove Assistant General Counsel NC Department of Environmental Quality Mailing Address: 1601 Mail Service Center, Raleigh, NC 27699-1601 Phone: (919) 707-8662 Fax: (919) 807-6489 From: Hargrove, Andrew D Sent: Thursday, March 31, 2022 2:10 PM To: Batherson, John G <John.Batherson @ncdenr.gov>; Goebel, Christine A <Christine.Goebel@NCDENR.GOV>; Lane, Bill F <Bill.Lane@ncdenr.gov> Subject: RE: [External] RE: Hatteras Emergency DWR funding —no one has applied for DWR funding for the specific dredging area at issue. DWR 401 (permitting)—DWR received the CAMA/401 application from DCM yesterday. Today, DWR received comments from DMF and WRC. Barring something unforeseen, DWR is likely in a position to take action today or tomorrow. Thanks, Drew Hargrove Assistant General Counsel NC Department of Environmental Quality Mailing Address: 1601 Mail Service Center, Raleigh, NC 27699-1601 Phone: (919) 707-8662 Fax: (919) 807-6489 From: Batherson, John G <John.Bathe rson@ncden r.gov> Sent: Wednesday, March 30, 2022 6:38 PM To: Goebel, Christine A <Christine.Goebel@NCDENR.GOV>; Lane, Bill F <Bill.Lane@ncdenr.gov>; Hargrove, Andrew D <drew. ha rgrove@ ncden r.gov> Subject: Re: [External] RE: Hatteras Emergency Bill, from Dee via text a few minutes ago: "DMF is aware and if comments are needed from DMF for fish impacts to DCM, we will provide." I'll follow-up in AM. John From: Goebel, Christine A <Christine.Goebel@NCDENR.GOV> Sent: Wednesday, March 30, 2022 5:00 PM To: Lane, Bill F <BiII.Lane@ncdenr.gov>; Batherson, John G <John.Batherson@ncdenr.gov>; Hargrove, Andrew D <drew. hargrove @ ncden r.gov> Subject: RE: [External] RE: Hatteras Emergency MM Yes- I know Braxton and DCM Major Permits Manager Jonathan Howell are involved in this effort, but I don't have a lot of the details yet. I believe Braxton responded to you on a separate email already. Christy From: Lane, Bill F Sent: Wednesday, March 30, 2022 4:48 PM To: Goebel, Christine A <Christine.Goebel@NCDENR.GOV>; Batherson, John G <John.Batherson@ncdenr.gov>; Hargrove, Andrew D <drew.hargrove@ncdenr.gov> Subject: FW: [External] RE: Hatteras Emergency Please review and let me know if DEQ divisions are involved in this effort. Bill Lane Deputy Secretary for Policy and Legal Affairs/General Counsel N.C. Department of Environmental Quality 919-707-8616 1601 Mail Service Center Raleigh NC 27699-1601 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Hicks, Joy A Sent: Wednesday, March 30, 2022 4:41 PM To: Masemore, Sushma <sushma.masemore@ncdenr.gov>; Davis, Braxton C <Braxton.DavisC@NCDENR.Gov>; Lane, Bill F <Bill. Lane@ncdenr.gov> Subject: FW: [External] RE: Hatteras Emergency FYSA From: Edward Stiles (Sen. Bob Steinburg) <Edward.Stiles ncleg.gov> Sent: Wednesday, March 30, 20224:07 PM To: Rawls, Kathy <kathy.rawls@ncdenr.gov>; Godwin, Ashton C<ashton.godwinCa@ncwildlife.org>; Hicks, Joy A <iov.hicks@ncdenr.gov>; Nunna, Shrikar <shrikar.nunna@ncdenr.gov> Cc: Murphy Greg <Gregmurohvmd@gmail.com>; Ginski, Leslie <Leslie.Ginski@mail. house.gov>; Rep. Bobby Hanig <Robert.Hanig ncleg.gov>; Wes Householder (Rep. Bobby Hanig) <Wes.Householder@ncleg.gov>; Sen. Bob Steinburg <Bob.Steinburg ncleg.gov>; Horton Tim <timehorton08@gmaiLcom>; Sen. Tom McInnis <Tom.Mclnnis@ncleg.gov>; Sen. Vickie Sawyer <Vickie.Sawver@ncleg.gov>; Sen. Danny Britt <Danny. Britt@ ncleg.gov>; Fuller, Monica A <mafuller@ncdot.gov>; Reese, Johanna H <lhreese@ncdot.gov>; Celeste Ray <Raymond.Celeste@mail.house.gov>; Rep. Brenden Jones <Brenden.Jones@ncleg.gov>; Bob Woodard <woodard@darenc.com>; Tobin Jim <lim.tobin@darenc.com>; Couch Danny <danny.c.couch@gmail.com>; Overman Wally <wallyo@darenc.com>; Rep. Tim Moore <Tim.Moore ncleg.gov>; Lewis Trey <Trey Lewis@tillis.senate.gov>; Weber Corey <corey weber@tillis.senate.gov>; Shepheard Betty Jo <BettyJo Sheoheard(@burr.senate.gov>; Bowlen Joshua <Joshua Bowlen@burr.senate.gov>; Brayman Christina <Christine.M.Bravman@usace.arrriv.mil>; Keistler, Robert W CIV USARMY CESAW (USA <Robert.W.Keistler@usace.army.mil>; Brown, Daniel S CIV USARMY CESAW (USA <Da niel.S. Brown@ usace.armv.miI>; Smith, Jeremiah L (Jeremy) CIV USARMY CESAW (USA <Jeremiah.L.Smith@usace.army.mil>; Dooley, Brennan 1 CIV USARMY CESAW (USA <Brennan.J.Dooley@usace.army.mil> Subject: [External] RE: Hatteras Emergency March 30, 2022 Good afternoon, all As you can imagine, there have been a lot of panicked residents from the coastal areas as it pertains to Hatteras Inlet. I am told that yours are the agencies to whom we needed to reach out regarding finding a temporary solution so that the tourist season isn't damaged as it could well be. As you can see from the email below, the news that we got today is a good start. Based on what I am told, however, the last pieces of the puzzle come from your agencies, since you are the ones that need to permit the dredging that is in your operational control. I know the window is closing fast, and the folks that are dependent on this happening are telling me that time is of the essence. Any assistance that can be rendered in allowing these dredging operations to happen will go a long way to helping the folks that live and work in this area. There are a number of people from state and federal legislative offices that have been working with us, particularly Congressman Greg Murphy's office. By way of copy, I am asking Ray Celeste in the Congressman's office to please continue to work with us as it relates to the USACE's regulatory office. Thanks, everyone. Edward A. Stiles, Jr. Legislative Assistant I Senator Bob Steinburg 300 N Salisbury Street Room 623 Raleigh, NC 27603 Office: (919) 715-8293 Sign-up for our Newsletter There's always one more thing you can do to influence any situation in yourfavor. And after that there's one more thing, and after that.... The more you do, the more opportunities arise. --- Lt. Gen. Hal Moore, US Army Ret. From: Steven Coulter <fish@seacreature.net> Sent: Wednesday, March 30, 2022 3:25 PM To: Edward Stiles (Sen. Bob Steinburg) <Edward.Stiles@ncleg.gov> Cc: Murphy Greg <Gregmurphymd@gmail.com>; Ginski, Leslie <Leslie.GinskiCc@mail.house.gov>; Rep. Bobby Hanig <Robert.Hanig@ncleg.gov>; Wes Householder (Rep. Bobby Hanig) <Wes.Householder@ncleg.gov>; Sen. Bob Steinburg <Bob.Steinburg[a@ncleg.goy>; Horton Tim <timehorton08@gmail.com>; Sen. Tom McInnis <Torn. Mcl nnis@ncleg.gov>; Sen. Vickie Sawyer <Vickie.Sawyer@ncleg.gov>; Sen. Danny Britt <Danny.Britt@ncleg.gov>; Fuller, Monica A <mafuller ncdot.gov>; Reese, Johanna H <jhreeseC@ncdot.gov>; Celeste Ray <Raymond.Celeste@mail. house.gov>; Rep. Brenden Jones <Brenden.Jones@ncleg.gov>; Bob Woodard <woodard@darenc.com>; Tobin Jim <lim.tobin@darenc.com>; Couch Danny <danny.c.couch@gmail.com>; Overman Wally <wallvo@darenc.com>; Rep. Tim Moore <Tim. Moore@ ncleg.gov>; Lewis Trey <Trey Lewis @tillis.senate.gov>; Weber Corey <corev weber@tillis.senate.gov>; Shepheard Betty Jo <BettyJo Shepheard@burr.senate.gov>; Bowlen Joshua <Joshua Bowlen burr.senate.gov>; Brayman Christina <Christine.M.Brayman@usace.army.mil>; Keistler, Robert W'CIV USARMY CESAW (USA) <Robert.W.Kelstler@usace.army.mil>; Brown, Daniel S CIV USARMY CESAW (USA) <Daniel.S.Brown@usace.army.mil>; Smith, Jeremiah L (Jeremy) CIV USARMY CESAW (USA) <Jeremiah.L.Smith@usace.army.mil>; Dooley, Brennan J CIV USARMY CESAW (USA) <B re n na n.J. Doo l ey @ u sa ce.a r my. m i l> Subject: Re: Hatteras Emergency Good afternoon, all. Here is a quick update of what I know. As of 2:30 this afternoon Cultural Resources has okayed our request of relief as long as Dare Co gets a survey on the remaining area outside the box. This is very positive step forward. The only remaining relief we need is permission to dredge outside of our window. I hear that that is progressing nicely. The ACE is going to be coming to work on the preferred S ferry route on Sunday with the hopes we receive the time relief. If anyone would like to check with these agencies on our behalf please do. Our window closes tomorrow without they're okey. They are as follows DMF, WRC,DWR and ACE. Thank everyone involved for their continued support and help. Steve Coulter PO Box 189 Hatteras NC 27943 252-996-0276 fish @seacreature.net On Mar 30, 2022, at 1:09 PM, Edward Stiles (Sen. Bob Steinburg) <edward.stiles@ncleg.gov> wrote: March 30, 2022 Good afternoon, all. Despite assurances from folks representing agencies responsible for dredging in the Hatteras Inlet, our office continues to get emails and phone calls stating that nothing has been done. It is my understanding that there was a big opportunity to dredge the South Ferry Cut when there was plenty of water in the area up until yesterday, and we have not been looped in on anything that has or has not happened. On behalf of Senator Bob Steinburg, I am asking for any updates that anyone from NCDOT or any other agency would have. We appreciate a fast response. Edward A. Stiles, Jr. Legislative Assistant I Senator Bob Steinburg 300 N Salisbury Street Room 623 Raleigh, NC 27603 Office: (919) 715-8293 Sign-up for our Newsletter <image001.gi5 There's always one more thing you can do to influence any situation in your favor. And after that there's one more thing, and after that.... The more you do, the more opportunities arise. --- Lt. Gen. Hal Moore, US Army Ret. From: Edward Stiles (Sen. Bob Steinburg) Sent: Wednesday, March 23, 2022 4:46 PM To: Gregmurphvmd@gmail.com; Ginski, Leslie <Leslie.Ginski@mail.house.gov>; Rep. Bobby Hanig <Robert.Hanig@ncleg.gov>; Wes Householder (Rep. Bobby Hanig) <Wes. Householder@ ncleg.gov>; Steven Coulter <fish@seacreature. net>; Sen. Bob Steinburg <Bob.Steinburg@ncIeg.gov>; Horton Tim <timehorton08@gmail.com>; Sen. Tom McInnis <Tom.Mclnnis@ncleg.gov>; Sen. Vickie Sawyer <Vickie.Sawyer@ncleg.gov>; Sen. Danny Britt < Danny. Britt@ncleg.gov>; Fuller, Monica A <mafuIle r@ncdot.gov>; Reese, Johanna H <ihreese ncdot.gov>; Celeste, Raymond <Raymond.Celeste@mail.house.gov>; Rep. Brenden Jones <Brenden.Jones@ncleg.gov>; Bob Woodard <woodard@darenc.com>; Jim Tobin (Jim.Tobin@darenc.com) <iim.tobin@darenc.com>; Couch Danny <danny.c.couch@gmail.com>; Wally Overman (wallvo@darenc.com) <wallvo@darenc.com>; Rep. Tim Moore <Tim.Moore@ncleg.gov>; Lewis, Trey (Tillis) <Trey Lewis @tiIIis.senate.gov>; Weber, Corey (Tillis) <corey weber@tillis.senate.gov>; Shepheard Betty Jo <BettyJo Shepheard@burr.senate.gov>; Bowlen Joshua <Joshua BowlenC@burr.senate.gov>; Bowlen, Joshua (Burr) <Joshua Bowlen@burr.senate.gov>; Brayman, Christine M CIV USARMY CESAW (US) <Christine.M.BravmanCa@usace.armv.mil>; Keistler, Robert W CIV USARMY CESAW (USA) <Robert.W.Keistler@usace.army.mil>; Brown, Daniel S CIV USARMY CESAW (USA) <Daniel.S.Brown@usace.armv.mil>; Smith, Jeremiah L (Jeremy) CIV USARMY CESAW (USA) <Jeremiah.L.Smith@usace.armv.mil>; Dooley, Brennan J CIV USARMY CESAW (USA) <Brennan.J.Doe ley@ usace.army.miI> Subject: FW: Hatteras Emergency March 23, 2022 Good afternoon, all. It has occurred to me that there is a strong necessity that the left hand knows what the right hand is doing. With that said, if we can keep the conversation on this thread, that will be most helpful. Here is where I know we are. 1. Col. Bennett deployed a survey vessel yesterday, per an email from Congressman Murphy. What has come of that? 2. Please note the email from Mr. Coulter below sent at 11:20 a.m. this morning. You will also see the email that I sent at 12:32 p.m. asking DOT to convey to us what resources are available to be deployed immediately. 3. As of 4:42 p.m. this afternoon, we have received no response from NCDOT. I cannot stress enough how critical this matter is. Are there any updates at this point? . Edward A. Stiles, Jr. Legislative Assistant I Senator Bob Steinburg 300 N Salisbury Street Room 623 Raleigh, NC 27603 Office: (919) 715-8293 Sign-up for o4 Newsletter <image001.gif> There's always one more thing you can do to influence any situation in your favor. And after that there's one more thing, and after that.... The more you do, the more opportunities arise. --- Lt. Gen. Hal Moore, US Army Ret. From: Edward Stiles (Sen. Bob Steinburg) <Edward.Stiles@ncleg.gov> Sent: Wednesday, March 23, 2022 12:32 PM To: Steven Coulter <fish@seacreature.net>; Rep. Bobby Hanig <Robert.Han iaC)ncleg.gov>; Sen. Bob Steinburg <Bob.Steinburg@nclea.gov> Cc: Wes Householder (Rep. Bobby Hanig) <Wes.Householder@ncleg.gov>; Horton Tim <timehorton08@gmail.com>; Sen. Tom McInnis <Tom.Mclnnis@ncleg.gov>; Sen. Vickie Sawyer <Vickie.Sawyer nclee.aov>; Sen. Danny Britt <Danny.Britt@ncleg.gov>; Fuller, Monica A <mafuller ncdot.gov>; Reese, Johanna H <ihreese@ncdot.gov> Subject: RE: Hatteras Emergency March 23, 2022 Good afternoon, Mr. Coulter. Thank you for bringing this back to our attention. By way of copy, I am asking Monica Fuller and Johanna Reese to see what resources we have available to deploy immediately. Edward A. Stiles, Jr. Legislative Assistant I Senator Bob Steinburg 300 N Salisbury Street Room 623 Raleigh, NC 27603 Office: (919) 715-8293 Sinn -up for our Newsletter <image001.gif> There's always one more thing you can do to influence any situation in your favor. And after that, there's one more thing, and after that.... The more you do, the more opportunities arise. -- Lt. Gen. Hal Moore, US Army Ret, From: Steven Coulter <fish@seacreature. net> Sent: Wednesday, March 23, 2022 11:20 AM To: Rep. Bobby Hanig <Robert.Hanig@ncleg.gov>; Sen. Bob Steinburg <Bob.Steinburg@ncleg.gov> Cc: Wes Householder (Rep. Bobby Hanig) <Wes. Householder@ ncleg.gov>; Edward Stiles (Sen. Bob Steinburg) <Edward.Stiles@ncleg.gov>; Horton Tim <timehorton08@gmail.com>; McCinnis Tom <tom.McCinnis@ ncleg.gov> Subject: Hatteras Emergency Good morning, The problem just keeps getting worse. The DOT operation at the end of Sloop channel is causing shoaling in the channel used by everyone. The ferries are dragging across the channel the CG said yesterday Sloop is becoming a major problem. In Jan. when the MOA for South ferry was modified to include Sloop it delayed work in S ferry. Now is the time the State and DOT step up and utilize this modified MOA. Bring the ACE in and fix the end of Sloop channel. With a little more time, I hope the realignment of Rollinson channel project will help in maintaining this area. Right now we are out of time. Thanks for your help and consideration in this matter. Steve Coulter PO Box 189 Hatteras NC 27943 252-996-0276 fish seacreature.net Howell, Jonathan From: Ken Willson<kwillson@coastal protectioneng.com> Sent: Friday, April 1, 2022 2:12 PM To: Howell, Jonathan Cc: Pelletier, Josh R CIV CESAW CESAD (US); Brad Rosov, Grover, Barton B Subject: RE: [External] Dare County NC - South Ferry Channel We have not heard from Pace. I'm assuming we will not hear back today. I just sent Josh the following message and meant to copy you in. In the absence of any response from Pace and our understanding that we 1) will have the ability to discuss specific scope with NWS that will meet the conditions and 2) that conducting a pre -con survey for this particular event is not practical, the County would like for you to proceed with issuing the conditions for relief/permit modification. For what it's worth, we are comfortable with the comments received from NC DMF. Do you still anticipate being able to issue a decision today before COB? Ken Will Senior Project/Program Manager Main: 910-399-1905 Mobile: 910-443-4471 kwillson@coastalprotectioneng.com Coastal Protection Engineering 4038 Masonboro Loop Road Wilmington, NC 28409 From: Howell, Jonathan <jonathan.howell@ncdenr.gov> Sent: Friday, April 1, 2022 2:09 PM To: Ken Willson <kwillson@coastalprotectioneng.com>; pace.wilber@noaa.gov Cc: Pelletier, Josh R CIV CESAW CESAD (US) <josh.r.pelletier@usace.army.mil>; Brad Rosov <brosov@coastalprotectioneng.com>; Grover, Barton B <barton.grover@darenc.com> Subject: RE: [External] Dare County NC - South Ferry Channel Ken, have you heard back from. Pace? Jonathan Howell Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252-515-5404 - office Jonathan. Howel[Oncdenr.gov 400 Commerce Avenue Morehead City, NC 28557 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Ken Willson<kwillson@coastalprotectionena.com> Sent: Friday, April 1, 2022 11:35 AM To: pace.wilber@noaa.aov Cc: Pelletier, Josh R CIV CESAW CESAD (US) <Josh.r.pelletier@usace.army.mil>; Brad Rosov <brosovCa@coastalprotectionene.com>; Grover, Barton B <barton.erover@darenc.com>; Howell, Jonathan <ionathan.howell@ncdenr.eov> Subject: [External] Dare County NC - South Ferry Channel Importance: High Mr. Wilber, I am in receipt of your letter (attached) dated today, April 1, 2022. 1 represent Dare County as their consultant on this project and am reaching out to you in regards to the conditions included in the letter. Those conditions are listed below. The following recommendations are provided to ensure the conservation of EFH and associated fishery resources. These recommendations are consistent with previous comments provided by the NMFS on Dare Countyprojects and moratorium relief requests within Hatteras Inlet. • Dare County should be required to follow a monitoring plan for all dredge events outside of the moratorium described by the North Carolina Coastal Habitat Protection Plan for the Northern Outer Banks (i.e., when dredging occurs from April I to September 30). SAV should be mapped prior to the start of dredging and again closer to the end of SAV growing season. Mapping should include the edges of SAV beds and percent cover and composition of the SAV community characterized. Monitoring reports should be provided to resource agencies at the end of the growing season in which dredge events occurred. • Dare County should be required to maintain a 300 foot buffer between SAV and all dredging and disposal areas. The buffer should begin at either the channel or discharge location, whichever is closest to the SAV beds. Dare County is willing to extend the currently approved buffer of 100-feet from known SAV resources to the NMFS . recommended 300-foot buffer. Furthermore Dare County is amenable to working with NMFS and NCDMF to develop an acceptable monitoring plan in the event dredging is required inside the moratorium; however, we would like to have the opportunity to discuss the specifics of this monitoring plan with NMFS and NFDMF staff prior to fully committing to the condition as written above. We are comfortable with the concept of conducting surveys to ID SAV extent prior to dredging within the moratorium and at the end of the growing season; however, the requirement to identify percent cover and composition of the SAV could significantly increase the scope of the monitoring surveys. As you are aware, time is of the essence to respond to the pending permit modification request for the forthcoming operation scheduled to begin over the weekend so I'm requesting you consider accepting our good faith commitment to work with your agency to develop a mutually agreeable monitoring plan to accurately ID the edges of SAV to ensure the 300-foot buffer is maintained. I will make myself available to,you if you would like to discuss at any time. Please reach out to me on my mobile number listed below. Ken Willson Senior Project/Program Manager Main: 910-399-1905 Mobile: 910-443-4471 kwillson@coastalprotectioneng.com Coastal Protection Engineering 4038 Masonboro Loop Road Wilmington, NC 28409 Howell, Jonathan From: Ken Willson <kwillson@coastalprotectioneng.com> Sent: Friday, April 1, 2022 3:09 PM To: Pelletier, Josh R CIV CESAW CESAD (US) Cc: Brad Rosov; Grover, Barton B; Howell, Jonathan; pace.wilber@noaa.gov, Fuemmeler, Amanda J CIV USARMY CESAW (USA) Subject: [External] RE: Dare County NC - South Ferry Channel Josh, In the absence of any additional comment from NMFS this afternoon, and the necessity to initiate dredge operations as soon as possible; Dare County intends to utilize the latest available State data from APNEP as its pre -construction survey for SAV. We look forward to discussions with the USACE and NMFS regarding the details of the monitoring efforts proposed. Kind Regards, Ken Willson Senior Project/Program Manager Main:910-399-1905 Mobile: 910-443-4471 kwillson@coastalprotectionene.com Coastal Protection Engineering 4038 Masonboro Loop Road Wilmington, NC 28409 From: Ken Willson Sent: Friday, April 1, 2022 11:35 AM To: pace.wilber@noaa.gov Cc: Pelletier, Josh R CIV CESAW CESAD (US) <josh.r.pelIetier@usace.army.miI>; Brad Rosov <brosov@coastalprotectioneng.com>; Barton Grover <barton.grover@darenc.com>; jonathan Howell (jonathan.howell@ncdenr.gov) <jonathan.howell@ncdenr.gov> Subject: Dare County NC - South Ferry Channel Importance: High Mr. Wilber, I am in receipt of your letter (attached) dated today, April 1, 2022: 1 represent Dare County as their consultant on this project and am reaching out to you in regards to the conditions included in the letter. Those conditions are listed below. The following recommendations are provided to ensure the conservation of EFH and associated fishery resources. These recommendations are consistent with previous comments provided by the NMFS on Dare County projects and moratorium relief requests within Hatteras Inlet. • Dare County should be required to follow a monitoring plan for all dredge events outside of the moratorium described by the North Carolina Coastal Habitat Protection Plan for the Northern Outer Banks (i.e., when dredging occurs from April 1 to September 30). SAV should be mapped prior to the start of dredging and again closer to the end of SAV growing season. Mapping should include the edges of SAV beds and percent cover and composition of the SAV community characterized. Monitoring reports should be provided to resource agencies at the end of the growing season in which dredge events occurred. • Dare County should be required to maintain a 300 foot buffer between SAV and all dredging and disposal areas. The buffer should begin at either the channel or discharge location, whichever is closest to the SAV beds. Dare County is willing to extend the currently approved buffer of 100-feet from known SAV resources to the NMFS recommended 300-foot buffer. Furthermore Dare County is amenable to working with NMFS and NCDMF to develop an acceptable monitoring plan in the event dredging is required inside the moratorium; however, we would like to have the opportunity to discuss the specifics of this monitoring plan with NMFS and NFDMF staff prior to fully committing to the condition as written above. We are comfortable with the concept of conducting surveys to ID SAV extent prior to dredging within the moratorium and at the end of the growing season; however, the requirement to identify percent cover and composition of the SAV could significantly increase the scope of the monitoring surveys. As you are aware, time is of the essence to respond to the pending permit modification request for the forthcoming operation scheduled to begin over the weekend so.l'm requesting you consider accepting our good faith commitment to work with your agency to develop a mutually agreeable monitoring plan to accurately ID the edges of SAV to ensure the 300-foot buffer is maintained. I will make myself available to you if you would like to discuss at any time. Please reach out to me on my mobile number listed below. Ken Willson Senior Project/Program Manager Main: 910-399-1905 Mobile: 910-443-4471 kwillsonCaDcoastalprotectioneng.com Coastal Protection Engineering 4038 Masonboro Loop Road Wilmington, NC 28409 Howell, Jonathan From: _ Ken Willson <kwillson@coastal protectioneng.com> Sent: Friday, April 1, 2022 3:22 PM To: Howell, Jonathan Subject: [External] RE: Emailing: Permit 129-16 CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam.<mailto:report.spam@nc.gov> Hey There, Thanks for the quick turnaround. I was a little concerned about the-8 limit. We certainly intend for the USACE to maintain a max depth of -8 in the small area outside the previously surveyed corridor due to the need to minimize cultural resource impacts, but I wanted to make sure that the overall permit, within the corridor, still includes a -12 foot authorized depth. Just want to confirm the -8 feet is in that small piece and not everything going forward. We do intend on moving forward with the cultural resource survey as discussed via email and looks like we may be doing some additional data collection for SAV on some future events. Regards, Ken -Willson Senior Project/Program Manager Main: 910-399-1905 Mobile: 910-443-4471 kwillson@coastalprotectioneng.com Coastal Protection Engineering 4038 Masonboro Loop Road Wilmington, NC 28409 --Original Message ----- From: Howell, Jonathan <jonathan.howell@ncdenr.gov> Sent: Friday, April 1, 2022 3:03 PM To: Ken Willson <kwillson@coastalprotection eng.com>; Brad Rosov <brosov@coastalprotectioneng.com> Cc: Pelletier, Josh R SAW <Josh.R.Pelletier@usace.army.mil>; Deaton, Anne <anne.deaton@ncdenr.gov>; Harrison, James A <James. Harrison@ ncdenr.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org>; DCR- Environmental —Review <Environmental. Review@ ncdcr.gov>; Davis, Braxton C <Braxton.Davis@NCDENR.Gov>; Coats, Heather <heather.coats @ ncden r.gov> Subject: Emailing: Permit 129-16 Brad, attached is the minor modification for Dare County. If you have any questions, let me know. Have a good weekend. Your message is ready to be sent with the following file or link attachments: Permit 129-16 Note: To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. Howell, Jonathan From: Ken Willson <kwillson@ coastal protectioneng.com> Sent: Wednesday, March 30, 2022 2:35 PM To: DCR - Environmental Review Cc: Doliber, Brian C; Wilkerson, Matt T; Howell, Jonathan; Brittingham, Cathy, Pelletier, Josh R CIV CESAW CESAD (US); Hughes, Emily B CIV USARMY CESAW (USA); iimr@coastalnet.com Subject: RE: [External] Request for Authorization to Dredge - Hatteras Inlet Attachments: HATTERAS APRIL EVENT SHEET 1-4.pdf All, On behalf of Dare County, I wanted to extend our appreciation for the prompt attention on this matter. Furthermore, I did want to let you know that our project plans do in fact include the buffers for the targets identified by the 2018 TAR study. Please see attached showing the location of the proposed channel in relation to those established buffers. Kind Regards, Ken Willson Senior Project/Program Manager Main: 910-399-1905 Mobile: 910-443-4471 kwillson@coastalprotectioneng.com Coastal Protection Engineering 4038 Masonboro Loop Road Wilmington, NC 28409 From: DCR - Environmental_Review <Environmental.Review@ncdcr.gov> Sent: Wednesday, March 30, 2022 2:21 PM To: Ken Willson <kwillson@coastalprotectioneng.com> Cc: Doliber, Brian C <bcdoliber@ncdot.gov>; Wilkerson, Matt T <mtwilkerson@ncdot.gov>; Howell, Jonathan <jonathan.howell@ncdenr.gov>; Brittingham, Cathy <cathy.brittingham@ncdenr.gov>; Pelletier, Josh R CIV CESAW CESAD (US) <Josh.R.Pelletier@usace.army.miI>; Hughes, Emily B CIV USARMY CESAW (USA) <Emily.B.Hughes@usace.army.mil>; iimr@coastalnet.com Subject: Re: [External] Request for Authorization to Dredge - Hatteras Inlet Our response is attached. Thank you. Best, Skylar Skinner (ACTiNc) Environmental Review Assistant State Historic Preservation Office 09 E. Jones Street MSC 4603 Raleigh, NC 27699 Unman, NC DEPARTMENT'OF NATURALAND'CULTURAL.RESOURCES among Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Please Note: Requests for project review or responses to our review comments should be sent to the Environmental Review emailbox at environmentakreview@ncdcr.aov. Otherwise, your request will be returned and you will be asked to send it to the proper mailbox. This will cause delays in your project. Information on email project submittal is at: NCHPO ER Proiect Review Checklist Pacebook Twitter Instaaram YouTube From: Ken Willson<kwillson@coastalprotectioneng.com> Sent: Friday, March 25, 2022 12:29 PM To: Ferrante, Lindsay <lindsay.ferrante@ncdcr.gov> Cc: Outten, Robert L <outten@darenc.com>; Grover, Barton B <barton.grover@darenc.com>; Howell, Jonathan <ionathan.howell@ncdenr.gov>; Coats, Heather <heather.coats@ncdenr.gov>; Pelletier, Josh R CIV CESAW CESAD (US) <losh.r.pelletier@usace.armv.mil>; Southerly, Chris <chris.southerly@ncdcr.gov>; Henry, Nathan <nathan.henrv@ncdcr.gov>; DCR - Environmental —Review <Environmental. Review@ ncdcr.gov> Subject: [External] Request for Authorization to Dredge - Hatteras Inlet Dear Ms. Ferrante, Please find attached a request for authorization from the Office of State Archaeology to allow dredging in the vicinity of Hatteras Inlet. This request is in relation to CAMA Major Permit 129-16. As you will read in the letter, the request requires a timely response to remedy the current issues restricting both the US Coast Guard and the Hatteras Inlet charter fishing industry. Should you have additional questions regarding this request, please feel free to contact me via phone or email at your convenience. Sincere Regards, Ken Willson. Senior Project/Program Manager Main: 910-399-1905 Mobile: 910-443-4471 kwi I Ison Cacoastalo rotectione ne.com Coastal Protection Engineering 4038 Masonboro Loop Road Wilmington, NC 28409 Howell, Jonathan From: Ellis, Timothy A Sent: Thursday, March 31, 2022 12:13 PM To: Howell, Jonathan Subject: RE: Hatteras Mapping Hi Jonathan, Happy to helpl Glad the information was useful. Best, —Tim From: Howell, Jonathan <jonathan.howell@ncdenr.gov> Sent: Thursday, March 31, 2022 11:52 AM To: Ellis, Timothy A <Tim.Ellis@ncdenr.gov> Subject: RE: Hatteras Mapping Tim, I cant thank you enough for providing this to us. It was/is instrumental and moving this permit forward. If you ever need anything on the CAMA side, give me a call. Jonathan Howell. Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252-515-5404 - office Jonathan. Howell(dncdenr. oov 400 Commerce Avenue Morehead City, NC 28557 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Ellis, Timothy A <Tim. Ellis@ ncdenr.gov> Sent: Wednesday, March 30, 2022 3:48 PM To: Howell, Jonathan <lonathan.howell@ncdenr.gov> Cc: Deaton, Anne <anne.deaton@ncdenr.gov> Subject: RE: Hatteras Mapping Please let me know if the attachments provide the information you need. As a reminder, these delineations are preliminary and may change slightly when finalized depending on any errors Don identifies in his ongoing QA/QC review. —Tim From: Ellis, Timothy A Sent: Wednesday, March 30, 2022 3:28 PM To: Howell, Jonathan <jonathan.howell@ncdenr.gov> Cc: Deaton, Anne <anne.deaton@ncdenr.gov> Subject: RE: Hatteras Mapping Hi Jonathan, The links I provided are for mapping information from the time periods listed with the files (i.e., 2006-2008 and 2014- 2014). I just spoke to our lead SAV mapping expert, Dr. Don Field (NOAA-ret. and current APNEP contractor), who is finalizing interpretations of our 2020 imagery. I've asked Don to provide me with his preliminary polygons for all SAV in and immediately around Hatteras Inlet based on the 2020 imagery, which I can then share with you. Our plan is to provide you 1) a shapefile and 2) a map of the polygons overlaid on the 2020 imagery for Hatteras Inlet. Don is working on that now. If you also want the raw imagery for this area, I can provide that as well but need you to provide a way for me to do that remotely. There are approximately 10-15 individual frames that collectively cover Hatteras Inlet, and each are a file size of 50-75 MB. I can also provide a lower resolution imagery mosaic of all the frames for this mapping subregion of the Outer Banks, but that file is also large (10-15 GB). When I've transferred these files to others that have requested them, the transfer time usually takes an hour or so depending on the number of files and how their being transferred. Anne may have a suggestion for how to do this remote transfer most efficiently within DEQ... I'm happy to try anything. I will note that according to Don, the SAV in Hatteras Inlet took a bit hit from Hurricanes Florence and Dorian. Therefore, you may also wish to consider the 2013 published map when making your permitting decisions. More soon, —Tim Timothy A. Ellis, Ph.D. Quantitative Ecologist Albemarle -Pamlico National Estuary Partnership NC Department of Environmental Quality 919-707-8106 tim.ellis@aoneo.ore Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Howell, Jonathan <ionathan.howell@ncdenr.gov> Sent: Wednesday, March 30, 2022 2:33 PM To: Ellis, Timothy A <Tim.Ellis(y)ncdenr.gov> Cc: Deaton, Anne <anne.deaton@ncdenr.gov> Subject: RE: Hatteras Mapping Hey Tim, is any of this based off the new data? Dare County is requesting a modification to their CAMA permit and the resource agencies (DMF/ACOE) are trying to determine SAV location in the area proposed to be dredged. There is a condition that they remain 100' away from SAV. Any photography or anything else you could provide for Hatteras Inlet, understanding it is not the official SAV mapping forthcoming, would be helpful. Thanks. Jonathan Howell Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252-515-5404 - office Jonathan. Howellno.ncden r. gov 400 Commerce Avenue Morehead City, NC 28557 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Ellis, Timothy A <Tim.Ellis@ncdenr.gov> Sent: Wednesday, March 30, 2022 9:44 AM To: Howell, Jonathan <ionathan.howell@ncdenr.gov> Subject: RE: Hatteras Mapping Hi Jonathan, Happy to talk more.on the phone but here is where you can find our published SAV mapping layers: https://data- ncdenr.opendata.arcgis.com/sea rch?tags=AP NEP. For a quick look, we have a web map on our SAV monitoring page (just scroll down a bit on the page): https://apnep.nc.gov/our-work/monitoring/submerged-aquatic-vegetation-monitoring. We're in the process of interpreting 2020 imagery and expect to have that mapping layer published in the next month or SO. Best, -Tim Timothy A. Ellis, Ph.D. Quantitative Ecologist Albemarle -Pamlico National Estuary Partnership NC Department of Environmental Quality 919-707-8106 tim.ellis@apneb.org Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Howell, Jonathan <ionathan.howell@ncdenr.gov> Sent: Wednesday, March 30, 2022 8:48 AM To: Ellis, Timothy A <Tim.Ellis@ncdenr.gov> Subject: Hatteras Mapping Hey Tim, can you give me a call ASAP? I am looking for some data for a permit decision that I need to make ASAP. You can reach me at the number below or at 252-229-9257. Thanks. Jonathan Howell Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252-515-5404 - office Jonathan. Howell anncdenr.gov 400 Commerce Avenue Morehead City, NC 28557 Email correspondence to and from this addiess is subject to the North Carolina Public Records Law and may be disclosed to third parties. Permit Class MODIFICATION/MINOR STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vermit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Permit Number 129-16 Issued to Dare County, 954 Marshall C. Collins Drive, Manteo, NC 27954 Authorizing development in Hyde/Dare County at Pamlico Sound and Hatteras Inlet complex aa'. to the NE tin of Ocracoke Island, as requested in the permittee's letter dated 3/25/9,2 including wor Ian drawings (4). all dated 3/25/22, This permit, issued on April 1.2022 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 or civo 1) Unless specifically altered herein, this Minor Modification authorizes the one-time dredging event of the authorized channel via sidecast dredging, including 21 days of relief from the April 1 to September 30 dredge moratorium, all as expressly and specifically set forth in the attached modification request and workplan drawings. 2) Any additional moratorium relief shall require prior approval from N.C. Division of Coastal Management, in consultation with the appropriate resource agencies. (See attached sheet for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2024 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chair of the Coastal Resourres C///Zow� nmmissinn. z Braxton C. Davis, Director Division of Coastal Management This permit its conditions are hereby accepted. Signature of Permittee Dare County ADDITIONAL CONDITIONS Excavation Permit No.129-16 Page 2 of 2 3) All excavation activities shall take place entirely within the areas indicated the workplan drawings and within the previously authorized channel dimensions. 4) Excavation shall not exceed-8' Mean Low Water. General 5) This Minor Modification shall be attached to the original of Permit No. 129-16, which was issued on 12/20/16, as well as all subsequent modifications and renewals, and copies of all documents shall be readily available on site when a Division representative inspects the project for compliance. 6) All conditions and stipulations of the active permit remain in force under this Minor Modification unless specifically altered herein. NOTE: A permit renewal application processing fee of $100 was received by DCM for this project. 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 N.C. Division of Water Resources has authorized the proposed project under DWR Project No. 13-1279 v5. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No. SAW-2016-02140.