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HomeMy WebLinkAbout129-16 Dare County Inlet DredgingPermit Class NEW Permit Number 129-16 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 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 adjacent to the northeast tip of Ocracoke Island as requested in the permittee's application dated 10/26/16, including the attached workplan drawings (4), Sheets 1-4 of 4. all dated 9/13/16. This permit, issued on December 20, 2016 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may oe suoject to rmes, imprisonment or crvtt action; or may cause me permit to oe mutt ana vota. 1) In order to protect threatened and endangered species and to minimize adverse impacts to offshore, nearshore, and intertidal resources, no excav_ ation tivities, including mobilization and demobilization, shall occur from April 1 to September 30 of any year without prior approval from the Division of Coastal Management in consultation with appropriate resource agencies. (See attached sheets for Additional Conditions) This hermit action may he annealed by the nermittee or Signed by the anthnrity of the Secretary of DEn and the 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, 2019 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Chairman of the Coastal Resources Commission. Braxton C. Davis, Director / Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee ,H_atteras Inlet Dredging Project ADDITIONAL CONDITIONS .Excavation Permit No. 129-16 Page 2 of 3 All excavation shall take place entirely within the areas indicated on the attached workplan drawings. Excavation shall not exceed -12' MLW. Overdredging is specifically prohibited. To minimize impacts to submerged aquatic vegetation (SAV) habitat, all dredging activities shall be a minimum of 100' from all SAV beds, as identified by.the Division of Coastal Management. No dredging activities shall take place in the vicinity of the Tideland EMC power cable where the cable lies at less than -15 MLW. If dredge plants other than the Merritt, Murden, or Currituck are to be utilized, or should additional disposal sites or disposal methods be proposed, ,additional approval from the Division of Coastal `Management, in consultation with appropriate resource agencies, shall be required. fE: The permittee is advised that the use of sidecast dredging as a long tem management solution represents a potential threat to adjacent aquatic habitat and resources. The permittee is therefore encouraged to continue to explore long term management options that will allow the channel to be maintained with less potential impact. If a sidecast dredge is to be utilized, the permittee is further encouraged to limit the use of the sidecast dredging to only periods of outgoing tides. The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of ,each dredging event authorized by this permit, and such notification shall include: - : A. The number of the original permit. B. A statement that no dimensional changes are proposed. C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the method to be utilized for dredging and the area to be used for spoil disposal, and the estimated amount of material to be removed. D. The location of any known SAV beds within the project area. E. The date of map revision and the permittee's signature showii'anew on the original plan. Cultural Resource Protection 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 estaonsti appropriate no-worx zones arouno sucn resources. If substantial archaeological resources are uncounted for any dredging event, the permittee shall immediately stop work and notify the N.C. Division of Coastal Management at (252) 946-6481. �sDare County Hatteras Inlet Dredging Project ADDITIONAL CONDITIONS General Permit No. 129-16 Page 3 of 3 I Oy` The permittee shall obtain any necessary authorizations or approvals from the U.S. Army Corps of Engineers and North Carolina Division of Water Resources prior to initiation of any permitted activity. Unless altered by a specific Condition of this Permit, the permittee shall adhere to all conditions on these additional approvals. 11) , This permit shall not be assigned, transferred, sold or otherwise disposed of to a third parry without the f T. :., written approval of the Division of Coastal Management. 12) :; In order to ensure compliance with the conditions of this Permit, the permittee and his contractor shall schedule a pre -construction conference with the Division of Coastal Management prior to the initiation of any dredging or mobilization activities. In order to facilitate these discussions a complete set of project plans shall be provided to the Division at the time of each request for a pre -construction conference. 13); The authorized project shall not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 14).: This permit does not authorize any permanent or long-term interference with the public's right of access and/or usage of all State lands and waters. This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. APPLICATION for MaJor Development Permit (last revised 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT ,.r 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Dare County Dare County Hatteras Inlet Channel Maintenance Project Applicant 1: First Name MI Last Name Robert L Outten Applicant 2: First Name MI Last Name NA NA NA N additional applicants, please attach an additional page(s) wifh names fisted. Mailing Address PO Box City te 954 Marshall C Collins Drive Manteo TZ ZIP Country Phone No. FAX No. 27954 USA 252 475 5800 ext. 252 4731817 Street Address (d different from above) City State ZIP Email outten@darenc.com 2. Agent/Contractor Information Business Name Coastal Planning & Engineering of North Carolina, Inc. (CPE-NC) Agent/ Contractor 1: First Name MI Last Name Kenneth Willson Agent/ Contractor 2: First Name MI Last Name Brad Rosov Mailing Address PO Box City State 4038 Masonboro Loop Road Wilmington INC ZIP Phone No. 1 Phone No. 2 28409 910 - 791 - 9494 ext. ext. FAX No. Contractor # NA Federal ID # 020623951 Email NOV ® 8 2016 kenneth.willson@cbi.com; brad.rosov@cbi.com 3. Project Location `+ ' /ED COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. NOV 3 0 2016 1 DCM- MHD CITY County (can be multiple) Street Address Slate Rd. # Dare/Hyde Unincorporated Dare and Hyde County w thin Hatteras Inlet NA Subdivision Name city State Dp NA NA NC NA Phone No. Lot No.(s) (if many, attach additional page with fist) NA NA a. In which NC river basin Is the project located? b. Name of body of water nearest to proposed project Tar -Pamlico Abanbc Ocean C. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade ❑Unknown Atlantic Ocean e. Is proposed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed ❑Yes ®No work falls within. NA 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) None 849,150 (Approximate Channel Area based on 2016 Data) c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NA NWL (normal water level) (Hmany lot sizes, please attach additional page with a list) -2 to -12 MSL ❑NHW or ❑NWL e. Vegetation on tract None f. Man-made features and uses now on tract Existing navigation channel. g. Identify and describe the existing land uses adiacent to the proposed project site. Undeveloped NPS land, ferry terminal. h. How does local government zone the tract? 1. Is the proposed project consistent with the applicable zoning? NA (Attach zoning compliance certificate, if applicable) ❑Yes ONO ®NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No DNA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does It involve a ❑Yes ®No ❑NA National Register listed or eligible property? m. (i) Are there wetlands on the site? ❑Yes ®No (ii) Are there coastal wetlands on the site? ❑Yes ®No NOV 3 0 (Iit) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes ®No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. NA c, o. Describe existing drinking water supply source. NA NO V 6, p. Describe existing storm water management or treatment systems. NA COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. 2 VED 2016 D CITY 5. Activities and Impacts a. Will the project be for commercial, public or private use? ®Commercial OPublic/Govemment ❑Private/Community b. Give a brief description of purpose, use and daily operations of the project when complete. The purpose of the project is to maintain safe navigation. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Dredged material will be disposed along the channel via sidecast dredge or via special purpose or similar splft hull dredge at the nearshore disposal location. Storage of the equipment will not typically be a concern as the work will likely occur 24 hours a day and no land based activities are proposed. d. List all development activities you propose. Maintenance dredging of an existing navigation channel with either sidecast or special purpose dredge. e. Are the proposed activities maintenance of an existing project, new work, or both? Maintenance f. What is the approximate total disturbed land area resulting from the proposed project? 0.0 ❑Sq.Ft or ®Acres g. Will the proposed project encroach on any public easement, public access way or other area ®Yes ❑No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. Sidecast or nearshore placement of maintenance material from the connector channel maintenance dredging events. I. Will wastewater or stonnwater be discharged into a wetland? ❑Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? []Yes []No ®NA j. Is there any mitigation proposed? ❑Yes ®No ❑NA If yes, attach a mitigation proposal. 6. Additional Information In addition to this completed application form, (MP-1) the following items below, N applicable, must be submitted in order for the application package lobe complete. Items (a) — to are always applicable to any major development application. Please consult the application instruction booklet on how to property prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, dearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sutfidently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. RECEIVED'` NOV 3 0 2016 NOV a 1 20 l' DCM- MHD CITY WARD COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Cape Hatteras National Seashore cro Dave Hallec. Superintendent Phone No. 252 475 9000 Address 1401 National Park Drive, Manleo. NC 27964 Name Tideland EMC cro Ben Beagle. Manager of Operations Phone No. 800637 1079 Address PO Box 159. Paotego. NC 27660 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. USACE authorizations through state and federal regulatory agencies. NCDOT authorizations. See project narrative, h. Signed consultant or agent authorization form, if applicable. I. Wetland delineation, if necessary. j. A. signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act IN.C.G.S. 1 3A 1-10;. if necessary. If the projeG involves expenditure of public funds or use of public lands.. attach a statement documenting compliance with the North Carolina Environmental Policy Act. to Enter on I unaerstana that any permit issued in response to this application will allow onl project will be subject to the conditions and restrictions contained in the permit 1 certiR that I am authorized to grant. and do in fact grant permission to represenratises of state and federal review agencies to enter on the aforementioned lands in connection tcith evaluating information related to this permit application and I'ullmv-up monitoring ollhe project. 1 further certify that the Information provided in this application is truthful to the best of my knots ledge. Date 1b(.at. r 1 Print Name Gr: ! ljG - dL Signature �_�, C.'pf-s_V'JC Please indicate application aaaclunents pertaining to %our proposed project. ®DCM MP-2 Excavationand Fill Inl'urmsdon E)DC69 MP-5 Bridges and Culverts ❑DCM MP3 Upland Development ODOM MP-4 Structures Information RECEIVED NOV 3 0 2016 DCM- MHD CITY COASTAL PLANTING & ENGINL-LIUN"G OF NORTH CAROLINA. INC- 4 NOV 0 6 Wo VA " EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Channel Boat Boat Rock Rock Other (excluding (NLWorNWL) Canal Basin Ramp Groin Breakwater shoreline stabilization) Length 5,661 (Based on March 2016 survey) Width 150' Avg. Existing Depth NA NA -6 to -10' MLW Final Project Depth NA NA 12' MLW EXCAVATION [3 This section not applicable a. Amount of material to be excavated from below NHW o cubic yards. 85,125 cubic yards based on March 2016 survey. C. (1) Does the area to be excavated include coastal wedandslmarsh (CW), submerged aquatic vegetation (SAV), shell bosom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW _ ❑SAV ❑SB _ OWL _ ®None (1i) Describe the purpose of the excavation in these areas: WA DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area. Sidecast or nearshore placement (Appendix A) C. (i) Do you claim title to disposal area? ❑Yes ❑No ®NA (it) If no, attach a leaer granting permission from the owner e. () Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW _ ❑SAV ❑SB OWL _ ®None III) Describe the purpose of disposal in these areas: NIA Type of material to be Beach quality sand d. High -ground excavation in cubic yards. None ❑This section not applicable uimensions of disposal area. Sidecast along channel and/or nearshore disposal d. (1) Will a disposal area be available for future maintenance? ®Yes ❑No ❑NA (ii) If yes, where? Same location I. (i) Does the disposal include any area in the water? ®Yes ❑No ❑NA (it) If yes, how much water area is affected? Varies with sidecast disposal and nearshore dist l tq ra jY1 1I RECEIVED FOY 0 3 K NOV 3 0 2016 A � I �11% COASTAL PLANNING & ENGINEERING OF IUDF:IWME11Wt, GUY "\ DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Dare County 2. LOCATION OF PROJECT SITE: The proposed project area is located on the west side of the Hatteras Inlet complex adjacent the northeastern tip of Ocracoke Island in the Pamlico Sound, Hyde County, North Carolina. Latitude and Longitude: 35'11'50.32"N and 75°46"47.44"W 3. INVESTIGATION TYPE: CAMA/Dredge and Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 9 November 2016 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received — 8 November 2016 Office - Washington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Hyde County Land Classification - Conservation (Water) (B) AEC(s) Involved: EW, PTA (D) Water Dependent: Yes (D) Intended Use: Public (E) Wastewater Treatment: Existing — N/A Planned - N/A (F) Type of Structures: Existing — Natural and Dredged Channel(s). Planned — Maintenance of previously permitted and dredged channel (G) Estimated Annual Rate of Erosion: N/A. 7. HABITAT DESCRIPTION: [AREA] DREDGED EILLEI� OTHER (A) Vegetated Wetlands (B) Non -Vegetated Wetlands 849,150 ft Variable based onz dredging method amlico Sound Bottom (C) Other (Uplands) (D) Total Area Disturbed: 849,150 ft2 (19.5 acres) NOV 3 0 Z016 (E) Primary Nursery Area: No (F) Water Classification: SA ORW Open: Yes DCM- MHD CITY PROJECT SUMMARY: The applicant proposes to maintain an existing permitted Connector Channel (NC Department of Transportation) to the Hatteras Inlet gorge from Barney Slough using US Army Corps of Engineers sidecast and hopper dredge plants. A Applicant Dare County Hatteras Inlet Connector Channel Maintenance West Side of Hatteras Inlet Hyde County Project Setting The proposed project area is located on the west side of the Hatteras Inlet complex adjacent the northeastern tip of Ocracoke Island in Hyde County, North Carolina. The project area extends west from the Hatteras Inlet gorge to the tip of Ocracoke Island and north into Pamlico Sound to form a t20-acre box that centers mainly on the existing "Connector Channel" from Barney Slough to the inlet gorge. There is a smaller natural channel to the north and one to the south of the connector channel encompassed within the 20-acre box. With the exception of the most northern portion of the project box, the area is characterized by these meandering natural sloughs through the inlet shoal system that shift and develop shoaling with the seasonal shifts in weather patterns and associated shifts in wind strength and direction. The north side of the project box in the vicinity of the natural slough the shoals are more stable as evident by the presence of submerged aquatic vegetation (SAV). Anecdotal observation of shellfishing activites adjacent these SAV beds suggest a strong presence of hard clams. The project area box also includes a portion of Barney Slough. Pamlico Sound, on the west side of Hatteras inlet is designated as SA ORW by the Environmental Management Commission and Coastal Waters by the Marine Fisheries Commission. The Connector Channel was subject of Major CAMA/Dredge and Fill permit no. 224-87. The aforementioned permit authorized the Connector Channel 150' wide x 5,000' long with a max final depth of -12' to be accomplished by a hydraulic pipeline dredge. The natural channel to the south of the Connector Channel has also been maintained by hydraulic dredge as part of the aforementioned permit. Dredge spoil from maintenance of this channel has been authorized for placement in three different locations: nourishment of the beach adjacent the loading loop at the Ocracoke ferry terminal, placement on the ocean beach on the northeastern tip of Ocracoke Island and the most used method is placement of spoil in the diked disposal area adjacent the ferry terminal. A March 2016 and a post Hurricane Mathew 18 October 2016 bathymetric survey conducted by the USACOE indicates that shoaling continues on the eastern end of the Connector Channel adjacent the inlet gorge as well as the western end adjacent Barney Slough with depths ranging from 4' to 6' below MLW in these areas. Since 2013 a NCDOT pipeline dredge has been unable to maintain the Connector Channel to the inlet gorge due to ocean swell conditions. Also, NC DOT staff is concerned about the location and potential striking of the submerged power cable maintained by Tideland Electrical Membership Corporation. At the same time, the US Army Corps of Engineers have been unsuccessful in maintaining Rollinson channel. These channels comprised the "short route" for NC DOT ferries traveling from Hatteras to Ocracoke through the Rollinson Channel and Connector Channel as well as fishing vessels from Hatteras to reach the inlet gorge. Since that time ferries and fishing vessels have had to use Sloop, Horseshoe Channel and Barney Slough to reach the Ocracoke Ferry basin and inlet gorge. This forces the vessels to make a loop into Pamlico Sound around the inlet shoal system adding several miles to and from the inlet anVt p NOV 3 0 2016 DCM- MHD CITY Applicant Dare County Hatteras Inlet Connector Channel Maintenance West Side of Hatteras Inlet Hyde County Page 2 Project Description Dare County is working to form a Memorandum of Understanding (MOLT) with the Wilmington District US ACOE Navigation Branch for the maintenance of the Connector Channel to the inlet gorge to provide consistent, reliable access to the inlet gorge for the commercial and recreational fishing fleet departing from Hatteras Village. This partnership would afford the use of the Corps sidecast dredge Merritt and hopper dredges Murden and Currituck to conduct the maintenance dredging activities. Dare County is requesting authorization to use these dredge methods on an "as needed" basis without time specific biological dredge moratoria. A Finding of No Significant Impact (FONSI) was given to the use of these dredges in the Rollinson Channel in 2004 and 2014. The Connector Channel is proposed to be, as previously permitted, 150' wide x 5, 661' long with a max depth of minus 12' below mean low water (MLW). Prior to each maintenance event, a pre -construction bathymetric survey will be conducted to determine the precise channel alignment within the proposed project box to the inlet gorge. The maintenance dredge alignment will follow where channel conditions are best for navigation within the t20-acre project box. If hopper dredges are used, spoil disposal will be located at a previously authorized nearshore disposal site approximately 1,500' offshore the northeastern tip of Ocracoke Island in in a water depth of 10' below MLW. All dredging activities would buffer SAV beds by 100' and any existing land forms by 300'. There will be no dredging activities in the vicinity of the Tideland EMC power cable where it is less than minus 15' below MLW. Project Impacts The project as proposed will result in some localized short term turbidity. Dredging activities will excavate potentially 849,159 ft2 of Pamlico Sound bottom. Steve Trowell - Washington Regional Office -14 November 2016 RECEIVED NOV 3 0 2016 DCM- MHD CITY Hatteras Inlet straddles the boundary between Hyde County and Dare County, within the Outer Banks of North Carolina. The inlet, separating Hatteras Island to the east and Ocracoke Island to the west, serves as a conduit between the Atlantic Ocean and Pamlico Sound. The Inlet is used by commercial and recreational vessels as well as the US Coast Guard. The main channel providing access to the inlet from Ocracoke Island is referred to as the Connector Channel. The channel running from the southwestern tip of Hatteras Island extending to the inlet gorge is known as the Hatteras -to -Hatteras Inlet Channel (Appendix A). The entire area directly to the north of the inlet is characterized by sandy shoals. The inlet has widened from one half mile wide in 1993 to approximately two miles wide due to erosion of the south end of Hatteras Island. Accordingly, no bridges run across the inlet. Rather, a fleet of eight ferries owned by the North Carolina Department of Transportation (NC DOT) connects NC Highway 12 between the two islands and provides passage to passengers and vehicles. An interagency scoping meeting for the proposed Hatteras Inlet Channel Maintenance Project was held at the Department of Environmental Quality (DEQ) in Washington, NC at 2pm on August 16, 2016. Attendees included representatives from federal and state resource agencies including the US Army Corps of Engineers (USACE), US Fish and Wildlife Service (USFWS), National Marine Fisheries (NMFS), North Carolina Division of Marine Fisheries (DMF), North Carolina Division of Water Resources (DWR), North Carolina Division of Coastal Management (DCM), and the North Carolina Wildlife Resources Commission (WRC). Representatives from Dare County, Tideland EMC, and Coastal Planning & Engineering of North Carolina, Inc. were also in attendance. The meeting's primary objective was to bring agency representatives together to present the scope of the project and to develop an agreed upon permitting approach, including the necessary environmental documentation. It was agreed that because the project would not include any new actions within the project area combined with the fact that previously drafted environmental documentation exists, an Environmental Assessment (EA) would be warranted for this proposed project. Along with the EA, a Biological Assessment and Essential Fish Habitat (EFH) assessment would be drafted to help satisfy consultation requirements with the USFWS and NMFS. It was determined during the meeting that if no significant impacts are identified, informal consultation with these two federal agencies would suffice. The main discussion points during the meeting focused on the extent of the proposed channel maintenance corridor. Due to the presence of submerged aquatic vegetation (SAV) resources and a submerged powerline, it was recommended that the size of the channel corridor be re-examined to ensure that these resources are protected from dredging activity. Furthermore, the proposed channel corridor was proposed to extend close to the National Park Service -owned (NPS) Ocracoke Island shoreline. As a stakeholder, the applicant was recommended to coordinate with the NPS to allow for their input early in the permitting process. The meeting minutes from the interagency meeting are presented in Appendix B. RECEIVED � CM NOV 3 0 2016 1 NOV 0 8 20,i! COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. DCM- MHD CITY , I Historically, maintenance dredging has been performed within the Hatteras Inlet complex by both the NC Department of Transportation (NC DOT) Ferry Division and the USACE in order to facilitate navigation within several channels providing access to the inlet. Collectively, these activities have utilized a variety of dredge plants including the use of a sidecast dredge, special purpose dredges, and cutterhead dredges. The disposal of dredge material has been placed within an upland spoil site as well as nearshore disposal areas. Below, a brief summary of these previously permitted or authorized navigation activities from within the project area are provided. The USACE has utilized a sidecast dredge, special purpose dredge and cutterhead dredge to maintain an approximate 18,200-foot long portion of the Rollinson Channel maintenance project. This federally authorized project includes three separate components: • Rollinson Channel: 5 miles long from Pamlico Sound to Hatteras Basin authorized to -12 ft. MLLW, 100 feet wide (authorized August 30, 1935); • Basin at Hatteras: 2,500 feet long authorized to -12 ft. MLLW, 250 feet wide (authorized March 2, 1945); • Channel from Rollinson Channel at the basin entrance of Hatteras to Hatteras Inlet Gorge (henceforth called the Hatteras -to -Hatteras Inlet Channel): 4 miles long authorized to -10ft. MLLW, 100 feet wide (authorized October 23, 1962). The disposal of dredged material removed from the Hatteras -to -Hatteras Inlet Channel has been placed on upland diked disposal sites and along the oceanfront beaches of Hatteras and Ocracoke Islands. Nearshore disposal sites have been utilized as well with the material being placed off the southeast end of Ocracoke Island and off the southwest end of Hatteras Island, whichever is safer depending upon the weather conditions at the time. The maintenance dredging via sidecast and special purpose dredge is permissible year-round. Since the 1977, the NC DOT Ferry Division has utilized a state-owned cutterhead dredge to maintain navigability within the ferry terminal basin at Ocracoke Island and the primary channel between Ocracoke Island and Hatteras Inlet gorge. The channel, which is permitted to a depth of -12 ft. with a width of 150 ft., has become commonly known as the "Connector Channel". Permits for this activity had been issued by the State of North Carolina and the USACE originally in 1977 via CAMA permit #162-77 and Department of Army Permit #SAWCO-N-028-000318 and allowed for 10-years of maintenance activity. In 1987, a new permit was issued (#224-87) and included dredging within a 32.9-acre footprint, which included a 400000- foot basin in at the Ocracoke ferry terminal and a 5,200-foot long access channel extending from the ferry facility to the inlet gorge. In addition, the permit allowed for the maintenance of a 1,800-foot long access channel extending from the Hatteras Island ferry facility towards the inlet along with a 550x200-foot basin at the Hatteras Island Ferry Channel. The permit also allowed for the establishment of a 9.5-acre upland dredge spoil disposal site on Ocracoke Island, which is owned and managed by the National Park Service (NPS). The permit allowed for a maximum of 110,000 cubic yards of material to be dredged with a maximum of 40,000 cubic yards to be disposed of as beach nourishment on NPS land. No dredge or filling moratoria were included in the permit; however, a maintenance clause included a note that stated, "Whenever possible, the permittee is urged to carry out maintenance excavation and spoiling during November -February in order to afford ater protection to all fish and wildlife resources in the project area". This permit has been modified nume o tit in the past and included modifications allowing for the use of a sidecast dredge. One modification, made in � C�IVED NOV C 8 2015 COASTAL PLANNING & ENGINEERING OF NORTH CAR A, $ NOV 3 0 2016 WAR0"' DCM- MHD CITY 1993 allowed for the dredging within a new 3,500-foot long connector channel to the north of the originally permitted channel. The new channel "would allow the ferries safer passage during adverse weather" requiring the removal of up to 130,000 cubic yards. Later, in 1995, the permit was renewed; however, the approval of the alternate channel that was permitted in the 1993 permit modification was rescinded. Since 2013, the NC DOT Ferry Division's cutterhead dredge has been unable to maintain the Connector Channel effectively due to challenging environmental conditions. NC DOT ferries now transit between Ocracoke and Hatteras Island via a longer route through Sloop Channel, Horseshoe Channel, and Barney Slough. Due to the needs of other boating interests to gain access to the inlet gorge, aside from the NC DOT's ferry fleet, Dare County funded the NC DOT Ferry Division to perform additional dredging within the Connector Channel on several occasions in 2016. These efforts were largely unsuccessful. The following documents listed below were prepared by the USACE to assess the impacts for the authorized or permitted actions that have occurred within the Hatteras Inlet complex. These documents are incorporated by reference within this EA. The following sections give a brief summary of the action and findings from within each document. This BA evaluated the use of the sidecast dredges Fry, Merritt and Schweizer, and the split hull hopper dredge Currituck that are used throughout the United States' east coast to maintain adequate depths in navigation channels through shallow draft coastal inlets. These dredges were once covered under the Regional Biological Opinion (RBO) for hopper dredging issued by the Southeastern Regional Office of the National Marine Fisheries Service. However, they were not included within the updated 1997 RBO due to concerns about their potential impacts to listed species due to the fact that they operated without deflectors, have no screening, observers, and operate year-round. The BA analyzed potential impacts associated with the proposed action on listed species under the NMFS purview that may be in the project area. The BA concluded that the continued use of the USACE sidecast dredge vessels to maintain shallow draft coastal inlets along the eastern seaboard on a year-round basis was not likely to adversely affect any listed species. RECEIVED NOV 3 0 2016 Based on the consideration of the best available information, the NMFS eonclud em4hM}QratlttdY operation of the hopper dredge Currituck and the sidecast dredges Fry, Merritt and Schweizer to maintain coastal inlets on the eastern seaboard of the United States may affect, but is not likely to adversely affect the continued existence of listed species under NMFS purview. The consultation is valid for the Wilmington District USACE for channel maintenance dredging of up to 10 vessels of similar type and size. i lr. The proposed action involved the addition of a beachfront disposal site on Ocracoke Island for the purpose of disposal of material dredged from Hatteras -to -Hatteras Inlet Channel Section of the UM llinson COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. NOV 0 a 2016 Channel Maintenance project. The beachfront disposal location would allow for the placement of dredged material in proximity to the channel section being dredged. The proposed action involved the use of a hydraulic pipeline dredge to accomplish the channel maintenance dredging to a -14 depth (10-foot project depth plus 2 feet over depth and 2 feet advanced maintenance dredging) during the period from November 16 to April 30. Agency and public coordination of the EA resulted in the following project commitments, facts and conclusions leading to the Finding of No Significant Impact: • Although seagrass beds exist in the Rollinson Channel vicinity, no seagrass beds would be impacted by the proposed activity. The depths of the channel being dredged and the dynamic nature of the inlet complex are not conducive to successful seagrass growth. • The proposed action was reviewed for compliance with the Endangered Species Act of 1973, as amended and informal coordination with the USFWS and NMFS was completed. The USFWS did not identify any endangered or threated species or critical habitats that would be affected by the proposed action. • Disposal within the wave uprush zone of Ocracoke Island will occur between November 15 and April 30. • The pipeline route will avoid impacts to wetlands and terrestrial resources to the greatest extent practicable. Any damage that may occur as a result of the project will be restored by the contractor under the supervision of the National Park Service/Cape Hatteras National Seashore, and the USACE. • The pipeline will be monitored at all times and placed as low as possible within the wave uprush zone to assure all material flows seaward. No material will be disposed on the upper beach, that area above the mean high water line. This EA addressed the proposed use of government owned dredge plant that included the "Merritt" or "Fry" or similar sidecast dredge and the "Currituck" or similar special purpose dredge to dredge small and/or isolated, regularly occurring shoals in federally authorized navigation projects within the USACE, Wilmington District in North Carolina. Because the intent of the project was to expeditiously remove shoals that have rapidly developed, the proposed dredging could occur at any time of the year. The proposed project was considered for the purpose of proactively planning for the expeditious, routine dredging of small and/or isolated shoals for the rapid and efficient improvement of navigational safety, in addition to noticeable reduction in the time and cost expenditures that result from emergency declaration. The ability of the Corps to remove these shoals before emergency conditions arise would reduce potential groundings and other navigational hazards and mishaps that commonly occur as a result of these type shoals. Eleven locations were evaluated, including an approximate 18,200-foot long portion of the channel from Hatteras -to -Hatteras Inlet (10-feet deep by 100-feet wide) in Dare County, (Hatteras Inlet itself is not a federally maintained waterway). The nearshore disposal site for material dredged by a special purpose dredge is located on either side of Hatteras Inlet, off the northeast end of Ocracoke Island or off the southwest end of Hatteras Island, whichever is safer depending upon the weather conditions 4Uhe time. NOV g p 2016 I� r� ;falc COASTAL PLANNING & ENGINEERING OF NOR- �} ('� 13VfA*C. 10 DCM. �f1►+ I �1 1 C A- G9 Agency and public coordination of the EA resulted in the following project commitments, facts and conclusions leading to the Finding of No Significant Impact: • Due to sensitive aquatic habitats identified by NCDMF, the USACE will only utilize a special purpose dredge in the Hatteras -to -Hatteras Inlet channel (among others). • No biological moratoria are proposed. Regularly scheduled dredging project will be designed in accordance with existing biological moratoria agreements. • The proposed activities are entirely comparable to, and fall within, the scope of past activities and effects that have been previously extensively analyzed by NMFS. The March 9, 1999 ESA consultation included with the EA concluded that dredging of small North Carolina inlet channels and navigation channel with the USACE dredge plant would be unlikely to adversely affect ESA -listed species under NMFS purview. NMFS has no new information that would change the basis of the March 9, 1999 conclusion regarding dredge plant use as described by the proposed project's EA. In addition, no new species that are likely to occur in the action area have been listed or critical habitat designated that would alter NMFS's previous conclusions. • The impact summary for the proposed actions stated that the proposed actions would not cause any significant adverse impacts to EFH, HPAC or EFH species. Impacts that do occur would be expected to be minor, temporary and only short lived on an individual and cumulative effects basis. With the understanding that only a special purpose dredge will be used in the locations identified by NCDMF as being adjacent to SAV habitat, adverse impacts to EFH are not anticipated. • Based on information provided in the EA, USFWS concurred that the project as described in the EA was not likely to adversely affect any federally -listed endangered or threatened species, their formally designated critical habitat, or species currently proposed for federal listing under the ESA. • The Cape Hatteras National Seashore and National Parks Service recommended that any dredging remain 150 feet from the Park's shoreline. RECEIVED , c{ lz„, 12016 This EA addressed the USACE's proposed use of a sidecast dredge in the project are d other methods of dredging would not be feasible. The intent of the project was to remove i�te s oa s AVY emergency criteria exist, thereby, lessening potential navigational hazards. The use of the sidecast dredge allows for prompt and economical responses to quickly developing shoaling situations. Because there is no way to predict when a shoaling event will require maintenance dredging, the USACE proposed conducting the maintenance on an as -needed basis. Continued shoaling within the Hatteras -to -Hatteras Inlet Channel had reached emergency conditions several times in the past couple of years leading up to the proposed action due to significant hydrodynamic activity, which moves considerable amounts of sediments that contribute to high shoaling rates. Regular maintenance dredging had not been able to maintain safe passage for the ferries or other vessels between dredging events. The USACE stated that contracting a hydraulic pipeline dredge or other similar dredge vessel would take too long to respond quickly to a rapidly changing shoal situation, especially concerning shoalin��a , i ency routes. This was both costly and potentially hazardous to those individuals that relied on the ferry. -Add i ally, maintenance dredging of navigation channels had become increasingly expensive while the federal budget for COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. 11 1. ARO the operation and maintenance of navigation projects was being reduced. As a result, additional measures were necessary to keep channels open to their authorized dimensions while addressing the limits of reduced budgets and providing safe navigable waters through the federally authorized channel. Sidecast dredging was excluded from prior authorizations due to agency concerns for the potential effects to SAV resources near the project area. The USACE's Engineering Research and Development Center (ERDC) ran a model predicting the impacts of sandy material dredged from Hatteras Inlet on SAV that were located 350 feet or more from the centerline of the discharge. In a 2,000-foot reach of the model summary, total suspended solids (TSS) concentrations above 10 mg/L, 1 mg/L and 0.1 mg/L were predicted to occur only within 55 feet, 80 feet and 100 feet, respectively, of the centerline of the discharge. In a different 6,500-foot reach of the model summary, TSS concentrations above 10 mg/L, I mg/L and 0.1 mg/L were predicted to occur only within 80 feet, 130 feet and 160 feet, respectively, of the centerline of the discharge. Therefore, the plume was not predicted to spread over the SAV beds, which were at least 350 feet from the centerline of the discharge. eft!€!as ft9rFt C17 ,�•., t. Agency and public coordination of the EA resulted in the following project commitments, facts and conclusions leading to the Finding of No Significant Impact: • Based on the results of the impact analyses, it was determined that no significant impacts would occur as a result of implementing the proposed action. The proposed action would not have any unavoidable adverse effects, nor would it result in the irreversible or irretrievable commitment of resources. Proceeding with the proposed action would not significantly or adversely impact the affected environment. Additionally, no significant cumulative effects were expected. • No deepening or widening of the authorized navigation channel would occur. • The majority of the project area's navigation channel follows naturally deep water. This reduces the amount of dredging necessary and involves the removal of recently shoaled material. No deepening of the channel beyond the authorized project dimensions will occur as a result of side cast dredging. Because shoals in the project area are sand and the project area is a dynamic inlet complex, minimal to negligible impacts to environmental resources will result from side cast disposal. Impacts that do occur would be expected to be minimal and short-lived. Safe navigation would be restored more quickly in the navigation channel in the event side cast dyed m* is the only method of dredging available and can be conducted before emergenfj �el�i�o MU NOV 3 0 2016 In recent years, successfully navigating to the Atlantic Ocean via Hatteras Inlet has become challenging due to increased shoaling within the inlet complex. Beginning in 2002, the western endURMerMHOMM to erode (Figure 1). This erosion was exasperated in 2011 shortly after Hurricane Irene passed the area and again in 2013 following Hurricane Sandy leading to the development of a much wider inlet throat. This erosion lead to the exposure of a portion of Hatteras -to -Hatteras Inlet Channel to the high-energy environment of the open ocean, which has caused extensive shoaling within the inlet complex. Along with these logistical challenges, maintenance dredging of navigation channels has become increasingly expensive while the Federal budget for the operation and maintenance of navigation projects is being reduced. In consideration of these factors, the USACE has been unable to maintain the channel leaving it largely impassible. As such, vessels are no longer able to utilize the Rollinson Channel as a means to access the inlet gorge and the Atlantic Ocean directly. COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. NOV 0 8 2016 12 1AfAR0 While the USACE had been attempting to maintain Rollinson Channel, the NC DOT Ferry Division, meanwhile, had attempted to maintain navigation into the inlet gorge from the Ocracoke side of the inlet through the Connector Channel to facilitate ferry service to the Hatteras Island. However, the volatile nature of the inlet has created dangerous conditions for the state-owned pipeline dredge to operate. The Ferry Division's flat-bottomed pipeline dredges Manteo and Carolina, is not designed to operate in swift ocean currents in the inlet. While these NC DOT dredging events had been successful maintaining navigation through much of the channel, the most recent dredge events in fall 2015 and mid -July 2016 were unable to connect to the inlet gorge due to unsafe working conditions given the channel's exposure to the open ocean. Therefore, the rapid sand movement in the area has made it difficult to maintain the channel. Figure 1. NCDOT figure depicting the historical shoreline positions at Hatteras Island and Ocracoke Island between 2002 and 2012. Now that both the Hatteras -to -Hatteras Inlet Channel (Rollinson Channel) and the Connector Channel are do not actively maintained by either the USACE or the NC DOT Ferry Division, a means for safe passage into Hatteras Inlet no longer exists. Recreational and commercial fishing vessels continue to attempt to access the inlet gorge through the Connector Channel, however, these vessels frequently hit bottom and/or become temporarily grounded (Coulter, pers. comm.). The economic impact of maintaining access to the inlet (and ultimately the Atlantic Ocean) is great. At least 47 charter fishing vessels, three headboats, numerous private fishing boats, and SCUBA charters rely on access to the inlet on a daily basis. Revenue exceeding $5,000,000 on an annual basis is derived from the fish landings via the commercial fishing fleet and is dependent on the ability to utilize the inlet (West, pers. comm). Vessels seeking safe harbor from the offshore environment (including Diamond Shoals, known as the "Graveyard of the Atlantic") are now unable to navigate from the inlet to Hatteras Island or Ocracoke Island safely. Furthermore, the Hatteras Village based US Coast Guard typically runs through the inlet and averages 150 rescues annually (USCG, 2016). These rescue efforts become more challenging as access into to the inlet degrades. In fact, the US Coast Guard has considered removing all of the navigation buoys within the Connector Channel due to ongoing safety concerns. RECEIVED DCM COASTAL PLANNING &c ENGINEERING OF NORTAZA&U I&C. N Q V 0 8 ZU 16 13 DCM- MHD CITY ARC) The purpose of the proposed project is to reestablish the navigability into Hatteras Inlet via the Connector Channel. The proposed project is needed at this time since there is no safe conduit for commercial and recreational vessels to the inlet gorge that provides access to the Atlantic Ocean. In addition, without adequate accessibility into the inlet, the local economy will continue to be impacted. According to Dare County commissioner Allen Burrus, approximately 400 boats maneuver their way daily from the Pamlico Sound to fish in the ocean, contributing millions to the local economy (Hampton, 2015). In an attempt to reestablish the navigability into Hatteras Inlet, Dare County is seeking permits that would allow for the utilization of US Army Corps of Engineers (USACE) dredges (sidecast and special purpose) to conduct Connector Channel maintenance. Dredging activities would be performed by USACE-owned dredge plans and limited to the proposed Connector Channel corridor. Material excavated by the special purpose dredge would be disposed in a previously authorized nearshore disposal site in the Atlantic Ocean just south of Ocracoke Island (Appendix A). The nearshore disposal site will be located approximately 1500 in from the north end of the island, in approximately -10 ft. MLW depths. This depth is considered will within the active littoral system and within the depth of closure. These actions would be performed on an "as needed" basis and are therefore not proposed to be limited to any specific time of year. _ RECEIVED NOV 3 0 2016 Dredging activities would be performed by USACE-owned dredge plants (special purpo(D(N& tmf3icoITY cast dredge) and will be limited to operating within the Connector Channel corridor. The following sections provide a description of the dredge plants to be utilized and the specific location where dredging will occur. This project includes the utilization of the same USACE dredges that have previously performed dredging within the confines of Hatteras Inlet. This includes the USACE sidecast dredge and their special purpose dredges. The Merritt is the only sidecast dredge currently operating by the USACE Wilmington District at this time. Examples of special purpose dredges currently commissioned within the USACE Wilmington District dredge fleet include the split -hull dredges the Murden and Currituck. These dredges were first included in the 1991 South Atlantic Division's Regional Biological Opinion (SARBO); however, they were not covered in the updated 1997 SARBO due to concerns about potential impacts to listed species. As such, a separate biological assessment and biological opinion were developed in 1998 and 1999, respectively, to address these concerns. Potential environmental impacts associated with the use of these dredges include the possibility of entrainment of threatened and endangered species by the draghead, localized turbidity plumes at the draghead site, near the surface as the hoppers are filled and as the sidecast dredge disposes material. Typically, these dredges do not include the use of observers and operate without sea turtle deflectors on the dragheads or inflow/outflow screens. Operation of these dredges within coastal inlets is permissible without seasonal restrictions (USACE, 1998). As stated in Section 2.1.1.41 a Finding of No Significant Impact (FONSI) was issued by the USACE in 2004 allowing for year-round use of their special purpose dredges within the Hatteras -to -Hatteras Inlet channel (USACE, 2004). A separate FONSI was issued in 2014 allowing for the use of a sidecast dredge within the same area. D C M COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. NOV GA 2016 14 WARD RECEIVED NOV 3 0 2016 DCM- MHD CITY NOV 0 8 2016 When operating, sidecast dredges like the Merritt (Figure 3) dispense material to the side of the navigation channel, while hopper dredges such as the Currituck (Figure 3) and Murden (Figure 4) fill a small hopper with the material and transport it to designated disposal areas. In split - hull hopper dredges, such as the Currituck, water pumped into the hopper is overflowed to provide an economic load of sand, since the dredged slurry entering the hopper contains about 20% sand and 80% water. Once the hopper is full of sand A dFm *A MY Figure 2. The sidecast dredge the Merritt. (Photo credit: USACE) (about 300-500 cy), the sediment is taken to nearshore waters where the split —hull hopper is opened and the sediments are dumped. The working speeds of these vessels range between 1 and 3 knots, and travel speeds ranging from 7 to 10 knots. The dredges normally maintain shallow channels with depth between -4 - and -14 feet ULW. Although these are the special purpose dredges currently in commission and used by the USACE Wilmington District, the proposed activity may be performed with other similar dredges that may be introduced into the fleet. Figure 3. The special purpose hopper dredge Currituck. (Photo Credit: safesea.com (left.]; from; COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. 15 s.RF=QF—IVED NOV 3 0 2016 DCM- MHD CITY F NOV WARD Figure 4. The special purpose hopper dredge Murden. (Photo Credit: USACE [left.1; Brian Gauvin, www.professional mariner.com [right]) As described in the 1998 Biological Assessment (USACE, 1998), the shallow draft. dredges use small, "California -style dragheads", and the sizes and suction power are less than that of commercial hopper dredges. The California -style draghead has a large flat bottom that sits level in the sand (Figure 5). The location of the intake is approximately I to 2 feet below the sediment surface making it less likely to entrain turtles (Studt, 1987; USACE, 1990). The dredge pumps on these vessels average 350 horsepower and draghead sizes range from approximately 2' x 2' to 2' 3'. The draghead openings are further subdivided on their undersides by gridded baffles with openings ranging from 5" x 5" to 5" x 8". The baffles restrict the size of object that can enter the dredge and even -out and direct the hydraulic forces during dredging, allowing for maximum production with each dredge cut. In 1998, field trials were performed to test the potential of special purpose dredges to take sea turtles. Tests . were run using a deceased green sea turtle (previously taken in the gill net fishery and frozen) in three scenarios that incorporated impinging the sea turtle on the draghead while the pumps were running 1) in the water column, 2) placed on the bottom, and 3) during active dredging. In the first two scenarios, the suction was not strong and the turtle could be easily prodded away from the dmghead using a pole. The third scenario was considered the worst case and resulted abrasions from being dragged along the bottom, but no fractures, dislocations, or other physical damage was detected. It was therefore concluded that the low suction forces attributed to these special purpose dredges would reduce the likelihood of impinging a sea turtle. If a sea turtle were to become impinged accidentally, it would have many opportunities to escape due to low suction forces and bottom irregularities (USACE, 1998). RECEIVED NOV 3 0 2016 DCM- MHD CITY P Cp\'# Nov 0 8 �J IN f ' COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. 16 California draghead 11► Uemo 11111M r r Bloom somem BENNO RE NO DCM- SIZE 0 EIVED 30 2016 MHD CITY Figure 5. Representation of the California draghead. This drag head sits flat upon the bottom and the location of the intake for sediment s approximately 1 to 2 feet below the sediment surface. (Schematic from Studt,1987) Due to the ephemeral nature of the shoals within the Hatteras Inlet complex, the Connector Channel does not remain in a fixed location and therefore a corridor where dredging may occur has been established. Prior to each maintenance event, the precise dredging location will be determined within the corridor as a result of a pre -construction bathymetric survey. Generally, the dredging location will follow the natural deep water that connects Ocracoke Island to the inlet gorge. A post hurricane Mathew survey of the Connector Channel was conducted by the USACE on October 18, 2016. The recent conditions were compared to a previous USACE survey conducted in March 2016. The comparison showed the navigable depths at the easternmost portion of the Connector Channel where it intersects with the Hatteras Inlet gorge have decreased. The March 2016 survey indicated a controlling depth of approx. -7 ft. MLLW, whereas the October 2016 showed the controlling depth ranged from approx. -4 ft. to -5 ft. MLLW. The survey also showed a narrowing of the westernmost portion of the Connector Channel and shoaling that has decreased the depths ranging from approx. -6 ft. to -8 ft. MLLW in March 2016 to -4 ft. to -6 ft. MLLW in October 2016. These changes are consistent with the ephemeral nature of the shoals within the Hatteras Inlet complex. As described below, the extent of the Connector Channel corridor has been developed with several factors in mind. The extent of the corridor identified was first developed based on a review of aerial phot g' ting back to 1993. The examination of the photographs was aimed at identifying the extent of fihe t'on of the Connector Channel over the past 23 years. Furthermore, local users of the waterway wer? ffr >ted to confirm the extent of the migration of the Connector Channel. ii3i2016- Submerged aquatic vegetation (SAV) is found within portions of the Hatteras Inlet court n areas to the north of Ocracoke Island in proximity to the proposed Connector Channel corridor. These resources live and grow below the water surface in coastal and estuarine waters in large meadows or small, disjointed beds. COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. 17 Dredging with a sidecast or special purpose dredge in proximity to SAV may affect these resources through its direct removal, burial through sedimentation, or shading due to prolonged periods of high turbidity. Due to concerns with potential project related impacts to SAV, no dredging will occur within 100 ft. of an SAV bed. The spatial extent of the Connector Channel corridor has also been designed to avoid any impacts to land owned by the National Park Service (NPS) on the northeastern tip of Ocracoke Island. Dredging too close to land could induce shoreline erosion due to increased current velocities created due to the deeper newly formed channel. In order to avoid affecting the northeastern portion of Ocracoke Island, including the ephemeral spit, a buffer between the dredging corridor and the Ocracoke shoreline has been developed. The buffer between land and the dredging corridor will be 300 ft. This would provide a conservative buffer between any future dredging activities and the existing shoreline. In addition to the environmental considerations described above, the corridor was also developed to avoid interfering with the presence of a submerged power cable. Tideland Electrical Membership Corporation (Tideland EMC) installed a submerged power cable that extends across the Hatteras Inlet complex from and area to the west of the Ocracoke Island ferry terminal to the western portion of Hatteras Island. The cable, which was buried at a depth of 6 feet below the existing bottom (which ranged from approximately -10 ft. MLW to -20 ft. MLW) at the time of installation in 2000, is armored with #4 galvanized steel cables wound around the cable assembly (Beagle, pers. comm.). This armoring was designed primarily to protect the internal components in the event of an anchor strikes. In order to avoid impacts to the power cable during dredging operations, dredging would not occur in locations where the cable is situated in less than -15 ft. MLW. Material excavated by the special purpose dredge would be disposed in a previously authorized nearshore disposal site in the Atlantic Ocean just south of Ocracoke Island (Appendix A). The nearshore disposal site will be located approximately 1500 meters from the north end of the island, in approximately -10 ft. MLW depths. This depth is considered well within the active littoral system and beyond the depth of c�� actions would be performed on an "as needed" basis and are therefore not proposed to be limited t E D time of year. NOV 3 0 2016 The CAMA permit allowing for the dredging within the Connector Channel was first authori MW CITY Section 2.1.1.3 above). The actions under this original permit were re -authorized via CAMA permit #22417 in 1987. During the permit's commenting period, the State Historic Preservation Office (SHPO) provided a letter dated August 24, 1987 that included the following: In our underwater research files we have references to extensive maritime activities and shipwreck losses in the general project vicinity, therefore, much of the project area holds a high potential for containing submerged cultural resources. However, since this project concerns maintenance dredging within controlled and previously dredged channels, we recommend no archaeological investigations be conducted. The applicant has confined the channel corridor to those areas in which the Connector Channel has previously been located. Therefore, proposed dredge activity occurring within the Connector Channel corridor will not require additional cultural resource investigations. CID, C M KIP 0 w 201C COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. 18 J i1 W� N.C. DIVISION OF COASTAL MANAGEMENT AGENT AUTHORIZATION FORM Date Name of Property Owner Applying for Permit: Dare County Mailing Address: 954 Marshall C Collins Drive Manteo, NC 27954 I certify that I have authorized (agent) Coastal Planning and Engineering of NC, Inc to act on my behalf, for the purpose of applying for and obtaining all CAMA Permits necessary to install or construct (activity) Dare County Hatteras Inlet Channel Maintenance Project at (my property located at) Hatteras Inlet This is valid thru (date) 12/31/2017 Property Owner Signature RECEIVED NOV 3 0 2016 DCM- MHD CITY Date SHORELINE STABILIZATION applicable This section not (If development is a wood groin. use MP-4 — Structures) a. Type of shoreline stabilization: b. Length: ua;.eeu umiprap Ubreakwater/Sill UOther. VJldth: _ C. Average distance waterward of NHW or NWL. d. Maximum distance waterward of NHW or NWL: e. Type of stabilization material: g. Number of square feet of fill to be placed below water level. Bulkhead backfill Riprap BreakwateriSin_ Other_ i. Source of fill material. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) s. (i) Will fill material be brought to the site? ❑Yes ❑No If yes, (it) Amount of material to be placed in the water _ 011) Dimensions of fill area _ (iv) Purpose of fill GENERAL a. How will excavated or fill material be kept on site and erosion controlled? Large grain sand will settle quickly. C. O VAR navigational aids be required as a result of the project? ❑Yes ONO DNA (i) If yes. explain what type and how they will be implemented. W D W lG Date Dare County Hatteras Inlet Channel Maintenance Project Project Name (I) Has there been shoreline erosion during preceding 12 months? ❑Yes ❑NO DNA fill If yes. state amount of erosion and source of erosion amount information. h. Type of fill material. ®This section not applicable (i) Will fill material be placed in coastal wetlandsimarsh (CM. submerged aquatic vegetation (SAV). shell bottom (SB). or other wetlands fvvL)? If any boxes are checked, Provide the number of square feet affected. OCW _ ❑SAV _ ❑SB _ ❑✓vL _ ❑Norm (ii) Describe the purpose of the fill in these areas: b. What type of construction equipment will be used (e.g., dragline. backhoe. or hydraulic dredge)? Sidecast or special use dredge. d. (i) Will wetlands be crossed in transporting equipment to project site? ❑Yes ONO DNA fill If yes, explain steps that will be taken to avoid or minimize environmental impacts. Dare County. c/o Robert Outten Applicant n[ Name RECEIVED ttw tt� r Applicant A 1 r LPG Nc NOV 3 0 2016 1 DCM— MHD CITrY NOV 0 8 201& COASTAL PLAJNNLNG & ENGINEERING OF NORTH CAROLINA. LNC. ,,, 6 Bodnar, Gre From: Willson, Kenneth <Kenneth.Willson@aptim.com> Sent: Monday, September 11, 2017 1:18 PM To: Morris, John Cc: 'gonedon@hotmail.com'; James Medlock (James.M.Medlock@usace.army.mil); Bobby Outten - Dare County (outten@darenc.com); Trowell, Steve; Pelletier, Josh R CIV CESAW CESAD (US) Subject: RE: Hatteras Inlet Connector Channel Survey Thank You. , APTIM Ken Willson Client Program Manager Tel: + 1910 7919494 Cell: + 1910 443 4471 Kenneth.Willson@APTIM.com PLEASE NOTE NEW EMAIL ADDRESS APTI M 4038 Masonboro Loop Road Wilmington, INC 28409 From: Morris, John [mailto:John.Morris@ncdcr.gov] ka1' Sent: Monday, September 11, 2017 12:25 PM To: Willson, Kenneth <Kenneth.Willson@aptim.com> Cc:'gonedon@hotmail.com' <gonedon@hotmail.com>; James Medlock (James.M.Medlock@usace.army.mil) <James.M.Medlock@usace.army.mil>; Bobby Outten - Dare County (outten@darenc.com) <outten@darenc.com>; Trowell, Steve <steve.trowell@ncdenr.gov>; Pelletier, Josh R CIV CESAW CESAD (US) <Josh.R.Pelletier@usace.army.mil> Subject: RE: Hatteras Inlet Connector Channel Survey Mr. Wilson, I have forwarded the preliminary report from TAR to Mr. Chris Southerly from this office who is the reviewing archaeologist for federal navigation channel projects. It will be sent to Raleigh by COB today. Sincerely, John W. Morris, III John W. Morris, III, MA, RPA Deputy State Archaeologist -Underwater Director Underwater Archaeology Branch 910.251.7325 office 910.251.7320 main 910.458.9042 fax ohn.mords@ncdcr.gov BUY No ME" NC DEPARTMENT OF :919INNANE NATURAL AND CULTURAL RESOURCES INUN 14® 1528 Ft.. Fisher Blvd. S I Kure Beach, North Carolina 28449 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Willson, Kenneth Imailto:Kenneth.Willson@aptim.coml Sent: Monday, September 11, 2017 10:08 AM To: Morris, John <John.Morris@ncdcr.gov> Cc:'gonedon@hotmail.com' <gonedonC@hotmail.com>; James Medlock(James.M.Medlock(@usace.army.mil) <James.M.Medlock@usace.army.mil>; Bobby Outten - Dare County (outten@darenc.com) <outten@darenc.com>; Trowell, Steve <steve.trowell@ncdenr.gov>; Pelletier, Josh R CIV CESAW CESAD (US) <Josh.R.Pelletier@usace.armv.mil> Subject: Hatteras Inlet Connector Channel Survey Importance: High Mr. Morris, Dare County has been issued a permit to conduct maintenance dredging of the "connector channel" at Hatteras Inlet by the. US Army Corps of Engineers and the NC Division of Coastal Management. However, 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. TAR submitted their work plan to the Dept. of Natural and Cultural Resources prior to conducting the survey. It is my understanding this was also coordinated with your office at Ft. Fisher. 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. Attached is a preliminary report conducted by Tidewater Atlantic Research aimed at clearing the area in which the proposed upcoming dredging event will be conducted. We have been on a very tight timeline to check all the boxes for this dredge event and operations may start as soon as tomorrow. In reading the permit condition sited above, it is my understanding that the applicant has satisfied the permit for the upcoming dredge event, which will be confined to a channel inside the area described in the attached report. Specifically, the County coordinated the survey with the UAB and assessed potential effects on these resources. As detailed in the attached report, it is the opinion of TAR that no "no -work zones" need be established within the proposed area. Please let me know as soon as possible if you have any concerns regarding the upcoming proposed operation as it relates to the County satisfying the condition sited above. Very Kind Regards, !, APTI M Ken Willson Client Program Manager Tel: + 1910 7919494 Cell: + 1910 443 4471 Ke n neth. W i I Ison CcaAPTI M.com PLEASE NOTE NEW EMAIL ADDRESS APTIM 4038 Masonboro Loop Road Wilmington, NC 28409 G1- AP-2o3 Preliminary Report Entitled: A Phase I Remote -Sensing Archaeological Survey of Proposed Channel Improvement Area Inside Hatteras Dare County, North Carolina Submitted to: Coastal Planning & Engineering of North Carolina 4038 Masonboro Loop Road Wilmington, North Carolina 28409 Submitted by: Gordon P. Watts, Jr., Ph.D, RPA Tidewater Atlantic Research, Inc. P.O. Box 2494 Washington, North Carolina 27889 8 September 2017 Table of Contents Page i Listof Figures.......................................................................................................................................ii Introduction..........................................................................................................................................1 SurveyLocation ................ :.................................... :.............................................................................. 1 SurveyMethodology...........................................................................................................................2 MagneticRemote Sensing...................................................................................................................3 AcousticRemote Sensing...............................................................................................................3 DataAnalysis...................................................................................................................................3 SurveyResults...................................................................................................................................... 3 Results.................................................................................................................................................... 6 Conclusions........................................................................................................................................... 6 AppendixA...........................................................................................................................................8 n List of Figures Page ii Figure 1. Hatteras Inlet South Channel survey area location........................................................1 Figure 2. Survey area and border points..........................................................................................2 Figure 3. Survey track lines in the South Channel area..................................................................4 Figure 4. Magnetic anomalies identified in South Channel survey area.....................................5 Figure 5. Sonar mosaic illustrating extent of coverage in South Channel survey area.............5 Figure 6. Sonar image of bottom surface in vicinity of buoy anchor and cable anomalies ....... 6 Figure 7. Google Earth 2017 image of Hatteras Inlet illustrating deep -water channel..............7 3 Introduction Coastal Planning & Engineering of North Carolina (CPE-NC) is the project engineer representing Dare County (DC) to identify and permit a site in Pamlico Sound inside Hatteras Inlet where improvements to navigation channels can be made now and in the future. In order to determine the proposed project's potential effects on significant submerged cultural resources, CPE-NC requested that Tidewater Atlantic Research, Inc. (TAR) of Washington, North Carolina conduct a Phase I archaeological investigation in the project area as required by the North Carolina Department of Natural and Cultural Resources. In response to immediate priorities for dredging, TAR carried out a survey of the south channel alignment on 4 September 2017. Survey Location The south channel alignment survey location lies in Hatteras Inlet off the eastern end of Ocracoke Island (Figure 1). Figure 1. Hatteras Inlet South Channel survey area location. The south channel survey area is a rectangle measuring approximately 3,600 feet in length and 1,300 feet in width (Figure 2). e l � 2 Figure 2. Survey area and border points. North Carolina, NAD 83, U.S. Survey foot, State Plane coordinates for the south channel survey area are shown in Table.1. eordt=rpaint %Gaornate ., ,Y,;r<noSdirta#e- -A 2465286.1 540929J B 2968802.2 540117.1 C 29683643 538852.9 t3 2965025.1 53§634.2 Table 1. South Channel survey coordinates. Survey Methodology The remote -sensing investigation conducted by TAR was carried out using a 25-foot survey vessel. A combination of cesium vapor magnetometer and high -resolution sidescan sonar was employed to generate magnetic and acoustic data. Remote -sensing data collection was controlled by a HYPACK computer navigation system using differential global positioning system (DGPS). The investigation generated magnetic and acoustic data on 50-foot survey line spacing. ,% 3 Magnetic Remote Sensing An EG&G GEOMETRics 881 cesium vapor magnetometer capable of plus or minus 0.1 gamma resolution was employed to collect magnetic data in the survey area. Magnetic data was collected on a one -second interval, and the sensor deployed at the water column surface due to shallow water. Magnetic data was collected along transects spaced on 50-foot intervals. Magnetic data was recorded as a data file associated with the HYPACK computer navigation system. Acoustic Remote Sensing A Klein 3900 digital 600/1200kHz high -resolution digital sidescan sonar was employed to collect acoustic data in the survey area. During the survey, the sidescan sonar transducer was deployed at a depth just sufficient to clear the survey vessel hull. Acoustic data was also colllected along transects spaced on 50-foot intervals in all survey areas. A 50-meter sonar range scale was selected to provide a minimum of 200% coverage of the survey area and high target signature definition. Acoustic data was recorded as a Klein XTF data file and tied to the magnetic data by regular DGPS annotations. The remote -sensing survey was run on a digitized navigation chart of the project area and a U.S. Army Corps of Engineers hydrographical data file. A DGPS was used to control navigation and data collection in the survey area. A TRIMBLE dedicated DGPS was used in conjunction with HYPACK navigation and data collection software. All magnetic and acoustic records were tied to positioning events generated by HYPACK and stored in the navigation computer in conjunction with DGPS generated positioning coordinates. Data Analysis Anomalies and acoustic target signatures suggestive of significant submerged cultural material were isolated and analyzed in accordance with signature characteristics previously demonstrated to be reliable indicators of historically significant submerged cultural resources. Assessment of each magnetic anomaly and/or sonar target was designed to determine if material generating the signature was potentially significant or modern debris. The anomaly map and associated table includes target location coordinates in North Carolina, NAD 83, US Survey foot, State Plane coordinates. Survey Results A total of 26 survey lines were run to collect data in the south channel investigation area (Figure 3). n El Figure 3. Survey track lines in the South Channel area. Line -by-line analysis of the magnetometer data identified a total of 85 anomalies (Figure 4). Thirty-eight are associated with lost navigation buoys and/or their associated mooring anchors or cables. Another five of those anomalies were associated with current navigation reference buoys. One was associated with a buoyed trap. Thirty-five additional anomalies represent small single objects that likely include large brake drums used to anchor small temporary navigation reference buoys, small boat anchors, chain, traps, pipe or other similar modern debris. Six anomalies represent more moderate single objects such as engine blocks used to anchor small temporary navigation reference buoys, larger boat anchors or other similar modern debris (Appendix A). L I M 4 I ♦� M� YMt 1 4 ", V hYK I G p 4ii iYhna d 4 Y�W 4Fd14irtM � s"^wn 4 vw�bttb 4 r 'rvy." f `ya. fd>y rm �� w� eta a q ➢ -� srt �k dub Figure 4. Magnetic anomalies identified in South Channel survey area. Line -by-line analysis of the sonar data confirmed that most of the survey area was covered (Figure 5). It also indicates that no material associated with the 85 anomalies was detectable on the sandy bottom surface (Figure 6). Figure 5. Sonar mosaic illustrating extent of coverage in South Channel survey area. Figure 6. Sonar image of bottom surface in vicinity of buoy anchor and cable anomalies. Results Analysis of the magnetometer data generated by the south channel area survey indicates that the 85 anomalies represent a scatter of material associated with cables, debris associated with navigation references that are both government and private and material such as traps, small vessel anchors and other marine debris. Due to dramatic changes in the configuration of Hatteras Inlet it is also likely that some of the material generating anomalies in the survey area could be associated with terrestrial structures and debris. In addition, most of the anomalies located in the eastern end of the survey area lie in water deeper than proposed dredging. Although, the anomalies in shallow water represent every type of signature characteristic, all are indicative of small ferrous objects. None of those anomalies appear to have signature characteristics representative of vessel remains. Sonar data confirms that material generating the south channel anomalies is presently buried. Conclusions Based on the data it does not appear that proposed dredging to improve the south channel will impact any National Register of Historic Places eligible submerged cultural resources. As channels have migrated continuously in the survey area vessel remains would likely have settled below the depths of proposed dredging as is the case with anomalies in the deep -water channel in the eastern end of the survey area (Figure 7). No additional investigation in the south channel survey area is recommended. Figure 7. Google Earth 2017 image of Hatteras Inlet illustrating the deep -water channel at the eastern end of the survey area. Appendix A APPENDIX A Anomaly .1 - X Coordinate . - Y Coordinate r _ :.Assessment ' 004-1-nm-7g-94.lf 2968168.2 539080.1 Small Single Object 008-4-mo-53g-157.Bf 2965567.2 539942.3 Buoy 009-2-nm4.1g52.5f 2965693.4 539948.1 Buoy 015-3dp-7.7g-40.8f 2966475.9 540031.7 Buoy 018-3dp36.8g-54.4f 2966917.4 540052.3 Buoy 019-3dp59.8g-47.7f 2957206.5 540048 Buoy 003-2-pm-2.3g-20.6f .2965602.6 539609.7 Buoy Anchors and/or Cables 004-3-pm-2g53.3f- 2965642.7 539629.2 Buoy Anchors and/or Cables 008-3-pm-16.lg-40.6f 2966873 539531.3 Buoy Anchors and/or Cables 013A-dp04.lg51.6f 2967172.9 539748.1 Buoy Anchors and/or Cables 009-3dp30.7g-101.7f 2965392.4 539921.8 Moderate Single Object 0135-mo-20.7g-116.4f 2965176.8 540212.4 Moderate Single Object 016-1-nm-24.4g-92f 2968645.2 539559.5 Moderate Single Object 018A-pm-19.6g-107.9f 2965368:1 540401.2 Moderate Single Object 021-3dp-26.5g-150.4f 2965268.8 540590.5 Moderate Single Object 022-5dp-15.8g-229f 2965316.8 540598.1 Moderate Single Object 001-1-mc-42.1g-013.8f 2967065.2 539158 Buoy Anchors and/or Cables 003-1-nm56.4g-375.9f 2967211.3 539253.9 Buoy Anchors and/or Cables 004-2-nm-60.3g388.2f 2967411.2 539202.7 Buoy Anchors and/or Cables 006-1-mc-17.2g-557.3f 2967681.6 539262.6 Buoy Anchors and/or Cables 007-1-me-45.7g-551.6f 2967553.4 539386.4 Buoy Anchors and/or Cables 008-1-mc39.1g-527.3f 2967777.3 539369.8. Buoy Anchors and/or Cables 009-1-dp-37.3g-393f 2967692.8 539454.8 Buoy Anchors and/or Cables 010-1-mc-26.9g-559.8f 2967880.2 539453.7 Buoy Anchors and/or Cables 011-2-mo-26.4g-495.lf 2967839.2 539515.5 Buoy Anchors and/or Cables 012-2-me-49.lg-500f 2968079 539457.3 Buoy Anchors and/or Cables 013-2-mo50g-282.Bf 2967955.5 539585.1 Buoy Anchors andfor Cables 013-3-pm-12.8g-102.9f 2967704.2 539628.9 Buoy Anchors and/or Cables 014-1-mo-32g-255.4f 2958287.2 539540.9 Buoy Anchors and/or Cables 015-1dpd3.8g334f 2968085 539636 Buoy Anchors and/or Cables 016-2-nm-9.9g-186.2f 2968414.1 539630.5 Buoy Anchors and/or Cables 016-3-nm-03.8g-148.3f 2968169.7 539668.8 Buoy Anchors and/or Cables 016-4-dp-10.8g-46.1f 2966692.1 540002.8 Buoy Anchors and/or Cables 016-5-nm-2.9g50.9f 2966406 540075.4 Buoy Anchors and/or Cables 017-1-mc42.9g-294.5f 2968264.9 539697.7 Buoy Anchors and/or Cables 018-1-mo-32g-267.8f 2968468.5 539704.5 Buoy Anchors and/or Cables 018-2dp-16.5g-127.7f 2968116.5 539783.2 Buoy Anchors and/or Cables 019-1-me-01.1g-271.6f 2968273.2 539806.4 Buoy Anchors and/or Cables 019-2-nm-17.4g-193.8f 2967969.6 539871.6 Buoy Anchors and/or Cables 020-1-mc-19.9g593.9f 2968372.6 539811.3 Buoy Anchors and/or Cables 020-2dp-1.lg-52.5f 2967573.1 540014.3 Buoy Anchors and/or Cables 021-1-mo32g-210.4f 2969453.6 539883.2 Buoy Anchors and/or Cables 021-2-nm-17. g-113f 2967887.E 540014.1 Buoy Anchors andlorCables 022-1-mc-5.9g-252.4f 2968610.9 539875.9 Buoy Anchors and/or Cables 022-2-pm-1.6g-74.9f 2968065.2 540009.1 Buoy Anchors and/or Cables 023-1dp-10.1g-143.9f 2968501 539960.8 Buoy Anchors and/or Cables 024-1-pm5.3g-70.4f 2968128.3 540098.2 Buoy Anchors and/or Cables 025-1-nm-14.9g-115.5f 2968576.6 540041.7 Buoy Anchors andlorCables 025-2dp3.lg-55.5f 2967954.9 540164.3 Buoy Anchors and/or Cables 005-1-mo-14.4g-675.4f 2967638.1 539285.6 Buoy Anchors and/or Cables 001-2-pm3g-30.3f 2965313.7 539564.2 Small Single Object 001-3-pm-20.4g-78.2f 2965083.5 539628.2 Small Single Object 003-3pm5.lg-27f 2965355.3 539663.6 Small Single Object 006-2dp-11.lg-54.lf 2966293.3 539579.3 Small Single Object 006-3-pm3.7g-58.8f 2966016.4 539640 Small Single Object 00&4-nm-2.6g-61.lf 2965110.4 539833.3 Small Single Object 007-2-pm-2.lg-50f 2966726.1 539549.4 Small Single Object 008-2-nm3.3g-42.3f 2967010.1 539530.6 Small Single Object 0094-pm-13.5g-68.lf 2965243.3 539966.7 Small Single Object 010-2dp llg-35.6f 2967366.2 539554.8 Small Single Object 010-3dp4.9g-75.5f 2966686.7 539694.8 Small Single Object 011-1-pm5.7g-77.9f 2968258.2 539406.8 Small Single Object 012-1-pm-5.2g54.7f 2968434.2 539419.1 Small Single Object 013-1-pm-7.5g52.7f 2968223.9 539533.9 Small Single Object 015-2-nm-4.2g55.4f 2967807.3 539703.3 Small Single Object 015-4-nm-5.9g36.7f 2965730.5 540182 Small Single Object 0165-pm3.3g50.7f 2965932 540179.3 Small Single Object 016-7dp-10.2g-106.4f 2965283.8 540317.9 Small Single Object 017-2dp-5.3g-43.2f 2965346.6 540375.6 Small Single Object 020-3-pm-7.7g35.2f 2966173.4 540331.8 Small Single Object 020-4-pm-3.6g50.8f 2965576.6 540459.9 Small Single Object 020-5-nm-3.6g58.7f 2965393.8 540482.2 Small Single Object 022-3-mc5.7g-84.5f 2966829.2 540273 Small Single Object 022-"p3.4g50.lf 2965589.9 540548.6 Small Single Object 023-2-pm-5.8g53.5f 2966942.7 540316.5 Small Single Object 024-2-pm-1.5g58.6f 2966705.7 540402.4 Small Single Object 0243-pm-10.lg-66.3f 2965499.3 640685 Small Single Object 0253-pm3.5g55.3f 2966750.7 -540466.4 Small Single Object 0254dp-3.3g-49.lf 2966500.8 540520.6 Small Single Objed 026-1-pm3.9g-54f 2965839 540711.8 Small Single Object 026-2-nm-8.3g51.6f 2965047.9 540867.5 Small Single Object 027-1-nm-6.8g40.5f 2965904.7 540760.6 Small Single Object 027-2-pm-4.9g51.6f 2965437.6 "0'40.3 Small Single Object 005-2-mo-1.4g-71.6f 2964950.8 539850.6 Small Single Object 0073dp-12.4g-73.4f 2965007.8 539923.2 Trap Coastal Management ENVIRONMENTAL QUALITY January 9, 2017 Dare County c/o Robert Outten 954 Marshall C. Collins Dr. Manteo, N.C. 27954 Dear Sir or Madam: ROY COOPER Gmernur WILLIAM G. ROSS, JR. Inlm'!m Secrwop BRAXTON DAVIS Dwoor The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that another qualified party may submit an objection to the issuance of this permit within twenty (20) days. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance requires additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Enclosure Sincerely, Douglas V. Huggett Major Permits Manager N.C. Division of Coastal Management Nothing Compares. State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Avenue I Morehead City, NC .28557 252-808-2808 r � n ` �.'' ' �' ` L .. ��� ' I (" DCM Coordinator: , / 11 Agents: C P j- L. MAILING DISTRIBUTION SHEET 6o vo Permit #• 1011 y03Y masar6ofo Loop RJ DCM Field Offices Elizabeth City ✓\ ,5 ea L/ Morehead City / a0171 Washington ✓ Wilmington U/- /M i (with revised work plan drawings) 2 u % US ACOE Offices: Washington: Raleigh Bland✓ Josh Pelletier William Westcott (NC DOT) Bill Biddlecome (NC DOT) Wilmington: Tyler Crumbley Liz Hair Cultural Resources: Renee Gledhill -Early or (environmental.review@ncdcr.gov) Public Water Supply: Heidi Cox (WIRO) Joey White (WARO)L/ Marine Fisheries: Shane Staples i/ Gregg Bodnar NC DOT: Ben Hughes Shellfish Sanitation: Shannon Jenkins' State Property: Tim Walton ✓ Water Quality: Karen Higgins (Raleigh John Hennessy (NC DOT) Washington: Anthony Scarbraugh-401 ✓ Wilmington: Robb Mairs — 401 Chad Coburn - 401 DEMLR: Washington: Scott Vinson - Stormwater V/ Wilmington: Georgette Scott - Stormwater Wildlife Resources: Maria Dunn LPO: Fax Distribution: Permitee Agent #:. DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD I) APPLICANT: Dare County Hatteras Inlet Channel Maintenance Project County: Dare LOCATION OF PROJECT: proposed project area is located on the west side of the Hatteras Inlet complex adjacent the northeastern tip of Ocracoke Island in the Pamlico Sound, Hyde County, North Carolina. DATE APPLICATION RECEIVED COMPLETE BY FIELD: 8 November 2016 FIELD RECOMMENDATION: Attached: YES To Be Forwarded: NO CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES FIELD REPRESENTATIVE: Steve Trowell DISTRICT OFFICE: Washington DISTRICT MANAGER REVIEW: r B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $ 475.00 (60/40%) PUBLIC NOTICE RECD: END OF NOTICE DATE: ADJ. RIP. PROP NOTICES REC'D: DEED RECD: APPLICATION SS GNED TO: L;.1ti ON: 2,111 C) 75 DAY DEAJL I 150 DAY DEADLINE: MAIL OUT DATE: FEDERAL DUE DATE: STATE DUE DATE: FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTION S: YES NO NOTES Coastal Management - Regional Representative �2 Y 1�1-7 Coastal Management - LUP Consistency I/ 2 4 1( X Division of Community Assistance /ft; Land Quality Section I IIt 7O Division of Water Quality i V(6 �vmmPn )3 Storm Water Management (DWQ) State Property Office 37/(( Division of Archives & History VC�mU r N' Division of Environmental Health Division of Highways Wildlife Resources Commission ri ] S Local Permit Office Division of Marine Fisheries REGEIVF Corps of Engineers NOV 21 20j6 ewi 111OW16 DCM- MHD CITY L P/ x PAT MCCRORY Governor civ DONALD R VAN DER VAART F80N 9.� AA secretary C'aas,ud ,f(rrrag�Ynealt �w"Wil 21YlI P IW.Il1.TAL 0WAL I'I'" o* fM� MEMORANDUM TO: Mr. Shane Staples Division of Coastal Management 943 Washington Sq. Mall FROM:' Doug Huggett Respond to Doug Huggett Major Permits Processing Coordinator Morehead City Office Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 17 November 2016 SUBJECT: CAMA Application Review APPLICANT: Dare County, Mr. Robert L. Outten Dare County Hatteras Inlet Channel Maintenance Project PROJECT LOCATION: Project area is located on the west side of the Hatteras Inlet complex adjacent the northeastern tip of Ocracoke Island in the Pamlico Sound, Hyde County, North Carolina. PROPOSED PROJECT: Applicant proposes to maintain an existing permitted Connector Channel (NC Department of Transportation) to the Hatteras Inlet gorge from Barney Slough using US Army C6rps of Engineers side cast and hopper dredge plants. Please indicate below your position or viewpoint on the proposed project and return this form by 7 December 2016. Please contact Steve Trowell at 252-948-3854, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. /This office has no comment on the proposed project. t/ This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comet uts. Signed— Date 1"l"t!"iil"SiiE:JY1Ir)Z;r.,-:`,r�:�. 9 uw oS\ath Cudin>t: amirormto: Q�di� ; CmIu1 h!f mN+nml 4iI U'uhiy ton S Ow+� ,lyp: \\i�hinYcer. SC :ISO '!5!9166d9! 1 w Coastal Management ENVIRONMENTAL QUALITY MEMORANDUM: TO: Doug Huggett, Major Permit Coordinator FROM: Shane Staples, DCM Fisheries Resource Specialist PAT MCCRORY DONALD R. VAN DER VAART Sxmrnn SUBJECT: Hatteras Inlet Channel Maintenance Project, Dare County DATE: 11/22/16 BRAXTON DAVIS Omamr A North, Carolina Division of Coastal Management (DCM) Fisheries Resource Specialist has reviewed the subject permit application for proposed actions that impact fish and fish habitats. Dare County proposes to maintain an existing permitted Connector Channel (NCDOT) which extends from the Hatteras Inlet gorge from Barney Slough using USACE side -cast and hopper dredge plants. Due to the nature of the inlet channels shift year to year and even seasonally therefor the applicant has requested to have a project area that consists of 20-acre box in the area of the.previotlsly permitted channel. This request should allow the' applicant some flexibility in deviated from the originally permitted channel's footprint to follow a natural channel in areas and reduce the amount of material that would need to be dredged to open safe navigation. Finished channel dimension would be 150' wide x 5,661' long with a maximum depth of -12' at mean low water. In order to reduce potential significant negative impacts to fisheries habitats in the area the applicant worked with both NOAA and DCM-Fisheries to establish a 100' buffer from any SAV beds prior to submitting the application. Inlet systems are vital fish habitats being the interface between the sounds and open ocean; adult fish migrate through and feed in these areas, larval and juvenile fishes are transported to either the nursery of the sounds or in the case of.blue crabs released to the open ocean, and SAV beds can form of the shallow shoals that form behind inlets providing habitat for all life stages of fish and shellfish. For the afore mentioned reasons a dredging moratorium from April 1 to September 30 is normally requested as a permit condition to reduce the potential for entrainment, burial, or avoidance due to turbidity of fish and shellfish during periods of high biological activity. In this case it Is requested that the applicant make all attempts possible to perform the channel maintenance outside of the dredging moratorium in order to protect the fish and shellfish important to both the commercial and recreational fishing economy. However, it is recognized that some dredge may occur during the moratorium due to storm events or shoaling that creates a navigation hazard for commercial and for hire vessels that use the inlet daily. If a dredge event was to take place during the normal dredging moratorium it is requested that it be conditioned that active dredging, especially side -cast, only occur on the out -going tide. This would reduce the potential forthe burial of SAV beds that exist within the inlet. Contact Shane Staples at (252) 948-3950 or shane.staples@ncdenr.gov with further questions or concerns. State afNo th Carolina I Fnvuoamemal Quality I Coastal Managemem 400 Came= Avenue I Morehead City, NC 28557 252-BOB-28081252-247-333D(fax) PAT MCCRORY Governor DONALD R. VAN DER VAART ._ Secretory Cousin( A1onagetuent ENVIPONMIEWAL OWALITY MEMORANDUM TO: Mr. Anthony Scarbraugh DWR Water Quality Programs 943 Washington Regional Office RECEIVEDINCDENRIDWR NOV 17 2016 Water Quality Regional Operations Section Washington Regional Office FROM: Doug Huggett Respond to Doug Huggett Major Permits Processing Coordinator Morehead City Office Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 17 November 2016 SUBJECT: CAMA Application Review APPLICANT: Dare County, Mr. Robert L. Outten Dare County Hatteras Inlet Channel Maintenance Project PROJECT LOCATION: Project area is located on the west side of the Hatteras Inlet complex adjacent the northeastern tip of Ocracoke Island in the Pamlico Sound, Hyde County, North Carolina. PROPOSED PROJECT: Applicant proposes to maintain an existing permitted Connector Channel (NC Department of Transportation) to the Hatteras Inlet gorge from Barney Slough using US Army Corps of Engineers side cast and hopper dredge plants. Please indicate below your position or viewpoint on the proposed project and return this form by 7 December 2016. Please contact Steve Trowel] at 252-948-3854, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. C v in b tp f, AW' W OriLI puc 4(G (�2ote(j��6 �S-G/v/JGL+L�IUfiL ���Ci This office objects to the proposed project for reasons described in the attached _ comments. Signed60 Date 1 L r"-^Nothing Cornpares" Su�� of \n�h Cantina 1 Pn.i,ecrzwH�I (j„S.y I Cash: \L.utwmm� 943 A'nhin,xn 5 awu ,16t:7 rC,a;imun,\C :1859 .`17 CSR RiY7 �i WaterResources ENVIRONMENTAL QUALITY To: From: Subject: Date: PAT MCCRORY rovemor DONALD R. VAN DER VAART Doug Huggett, Major Permits Coordinator Anthony Scarbraugh, Environmental Senior Specialist A ) Hatteras Inlet Channel Maintenance Project, Dare County 12/01/2016 se"lary S. JAY ZIMMERMAN , Dincror The following comments are in response to the proposed maintenance of an existing Connecter Channel (NC Department.of Transportation) to the Hatteras Inlet gorge from Barney Slough utilizing the US Army Corps of Engineers side cast and hopper dredge plants. Upon review of the proposed project, this Office has the following comments: Due to potential for impacts from sedimentation and/or turbidity on SAV beds and other marine habitat this Office would prefer the use of a hopper dredge plant with a minimum of 100-foot buffer between the historically mapped SAV beds and the proposed dredge channel utilizing the previously authorized nearshore disposal site in the Atlantic Ocean just south of Ocracoke Island; If a sidecast dredge is utilized this Office recommends a minimum of 100-foot buffer between the historically mapped SAV beds and the proposed dredge channel. If practical, this Office request the use of sidecast dredge be limited to the out -going tide. This Office encourages the applicant to limit dredging within dredge moratorium from April 1 to September 30 to avoid negative impacts to marine resources to only events associated with storm or shoaling that creates navigational hazards for commercial and recreational vessels. If you should have any, questions or require additional information, you may e-mail me at anthonv.scarbrauah@ncdenr.eov or contact me by phone at 252-948-3924. Slate of North Carolina i Enviroranental Quality i Water Resources —Water Quality Rtional Operations —Washington Regional Ultra. 943 Washington Square Mail, Washington, NC 27889 252-946-6491 PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary r",ite. 11.1S.P) lu 1313 M 11i21111t11 t TO: Mrs. Maria Dunn NC Wildlife Resources Commission UOV 2p'15 FROM: Doug Hugged Respond to Doug Ruggett Major Permits Processing Coordinator Morehead City Office Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 17 November 2016 SUBJECT: CAMA Application Review APPLICANT: Dare County, Mr. Robert L. Outten Dare County Hatteras Inlet Channel Maintenance Project PROJECT LOCATION: Project area is located on the west side of the Hatteras Inlet complex adjacent the northeastern tip of Ocracoke Island in the Pamlico Sound, Hyde County, North Carolina. PROPOSED PROJECT: Applicant proposes to maintain an existing permitted Connector Channel (NC Department of Transportation) to the Hatteras Inlet gorge from Barney Slough using US Army Corps of Engineers side cast and hopper dredge plants. Please indicate below your position or viewpoint on the proposed project and return this form by 7 December 2016. Please contact Steve Trowel] at 252-948-3854, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. This office has no comment on the proposed project. ✓ This office approves of the proposed project only if the recommended changes are incorporated. See attached. Signed This office objects to the proposed project for reasons described in the attached comments. Date 12-5-)01y ;�"'' �*eti:'{I'21 lii"� t ,'2'i 4���3 E.54 .-n•..,:: vu»eitia^. Cave:�u Yr..i�newr,.0 Q:a5C�'�'ax:i AG•lrrr,.: qa) lt'a�huy MnS p^x. LGU : N1ahuaS%m, « :'$V :SIi.55a9: North Carolina Wildlife Resources Commission 9 Gordon Myers, Executive director MEMORANDUM TO: Doug Huggett Division of Coastal Management North Carolina Department of Environmental Quality w FROM: Maria'T. Dunn, Coastal Coordinator - Habitat Conservation Division DATE: December'5, 2016 SUBJECT: CAMA Dredge/Fill Permit Application for Dare County, Dare Comity Hatteras inlet Channel Maintenance Project, Hyde County, North Carolina. Biologists with the North Carolina Wildlife Resources Commission (NC'VRC) reviewed the permit application with regard to impacts on fish and wildlife resources. The project area is west of the Hatteras Inlet complex, adjacentthe northeastern tip of Ocracoke Island in the Pamlico Sound. Our comments are provided in accordance with provisions of the Coastal Area Management Act (G.S. 113A-100 through 11.3A-128), as amended, Sections 401 and 404 of the Clean Water Act, as amended, and the Fish and Wildlife Coordination Act (48 Stat. -401, as amended; 16 U.S.C. 661 et scq.). Dare County proposes to maintain an existing permitted Connector Channel (NC Department of Transportation (NCDOT), 9224-87) to the Hatteras Inlet gorge from Barney Slough by using -the US Army Corps of Engineers (US ACE) Navigation Branch dredge plants, Merritt, Murden, and Currituck. Permit4224-87 has a fixed authorized channel 150' by 5,000'with a maximum depth of -IT MLW. Material was removed by a pipeline dredge and placed at three designated locations. Emergency dredge operations to attempt the keep the channel operable for the ferry were done via sidecasfdredge. Due to the dynamics of the system and shoaling; the NCDOT has had to find an alternate, longer ferry route. Currently DareCounty is working to form aMemorandum of Understanding (MOU) with the Wilmington District USACE Navigation Branch to perform the dredge operations with their dredge plants to provide safer channel conditions for the commercial and recreational fishing fleet. The request is to allow a non -fixed 150' by 5,661' channel to a maximum depth of -12' MLW to be dredged on an "as needed" basis. Prior to dredge operations; a pre -construction bathymetric survey would be conducted to find the best route within the project area to establish the channel. If the special purpose dredges Currituck or Minden are used, the spoil would be placed in a previously authorized nearshore'disposal site approximately 1,500' offshore of the northeastern tip of Ocracoke Island in a water depth of -10' Mailing Address: Habitat Conservation 1721 Mail Service Center - Raleigh, NC 27699-1721 Telephone: (919) 707-0220 - Fax: (919) 707-0028 r_ C.MDF_Dare Co hatters lnlaCompl= Page t De ber 5, 201( MLW. Otherwise, material would be sidecast dredged by the Merritt. To minimize.impacts to submerged aquatic vegetation (SAV), all dredging activities would be a minimum 100' from SAV beds and no dredging activities would be in the vicinity of the Tideland EMC power cable where it lies less than -15' MLW. The Pamlico Sound in this location is classified SA ORW by the Environmental Management Commission and is open to shellfish harvesting. The NCWRC has reviewed the current application, proposal and is familiar with the previously permitted project and has provided comments on numerous occasions. We understand the importance of keeping a navigable channel even though the Hatteras Inlet complex is dynamic and difficult to maintain at set parameters. Therefore, we provide the following comments to minimize impacts to terrestrial and aquatic wildlife resources: — In general, NCWRC does not support sidecast dredging as along term management method. We encourage the applicant to look for more longterm solutions that would keep an open channel for a more extended period of time with less chronic impacts to aquatic habitats. This may include, but is not limited to, new spoil deposition areas that may benefit wildlife resources. — To avoid chronic impacts to aquatic resources during highly productive times of the year, the NCWRC encourages no dredging be done from April 1 -September 30. If it is determined that dredging must be done during this time due to significant shoaling or following storm events, all efforts should be made to conduct dredging, especially sidecast dredging during outgoing tides.. — The USACE dredge plants Merritt, Murden, and Currituck have minimal impacts to sea turtles during dredge operations if material is sidecast or placed in the nearshore disposal area. If it is determined other dredge plants would be used, consultation with state and federal agencies should be initiated to determine if moratoria would be appropriate to protect wildlife and aquatic resources. We appreciate the opportunity to review and comment on this permit application. If you need further assistance or additional information, please contact me at (252) 948-3916 or at maria.dunnta newildlifc. ora To: From: Courtney Spears Steve Trowell MEMORANDUM PAT MCCRORY DONALD R. VAN DER VAART Through: Jonathan Howell S�' Subject: Major CAMA/Dredge and Fill permit application for Dare County Date: 14 November 2016 Enclosed is a Major CAMA/Dredge and Fill permit application submitted by Coastal Planning and Engineering of North Carolina, Inc. on behalf of Dare County for the proposed use of a side cast and hopper dredges in the existing connector channel originally authorized by Major CAMA/dredge and Fill permit no. 224-87. The Connector Channel is located on the west side of Hatteras Inlet and connects Barney Slough to the inlet gorge. This project proposal was subject of the 16 August 2016 scoping meeting in the Washington Regional Office. Staff has reviewed the general and specific use standards for Estuarine Waters and Public Trust Area specifically the use standards for navigation channels, canals and boat basins including 711.0208(a)(3) and (b)(1)(A-H) and have determined that the proposal is consistent. In addition to the standard conditions for dredging activities including those recommended by the review agencies, staff recommends a condition requiring notification of DCM prior to undertaking any maintenance excavation activities. This condition should be the standard condition for maintenance excavation activities requiring notification and documentation of where, how much material and method of dredging. The $475 application fee has been deposited. RECEIVED NOV 21 2016 DCM- MHD CITY ^a a.w mer.: >-i O:ud s:cr. S:;xei:a:: R'u er.ra.'t:C 133i Huggett, Doug From: Shearin, Renee Sent: Monday, December 12, 2016 5:03 PM To: josh. r.pelletier@usace.army.miI Cc: Huggett, Doug; brad.rosov@cbi.com Subject: Hatteras Inlet Attachments: ER 16-2031.pdf Our response is attached. Thank you. Renee Shearin Environmental Review Technician, State Historic Preservation Office North Carolina Department of Natural and Cultural Resources (919) 807-6584 Office renee. sheari n(o'Dncdcr.gov 109 East Jones Street 4617 Mail Service Center Raleigh NC 276994617 Opinions expressed in the message may not represent the policy of this agency. E-mail to and from me, in connection with the transaction of public business, is subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized state official. Please submit all Environmental Review projects to environmental. review(ancdcr.00v. Please see http://www.hl)o.ncdcr.gov/er/er email submittal.html for guidelines on submitting projectsfor environmental review. Please do not send .zip, .tif files, downloads, or links to websites as we are notable to process these types of items. The message size, including all attachments, should be NO larger than 10 megabytes. Please only one project per email. Please allow at least 30 days for our review. We try hard to complete the reviews in fewer days, but under state and federal regulations we have a mandatory 30 days. North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Buries, Administrator Governor Pat McCrory Secretary Susan Klurtz December 12, 2016 Josh Pelletier US Army Corps of Engineers Washington Regulatory Office 2407 West Fifth Street Washington, NC 27889 Office of Archives and History Deputy Secretary Kevin Cherry Josh.R.Pelletier@usace.army.mil RE: Dredging of Connector Channel Area within Hatteras Inlet, SAW-2016-02140, Dare and Hyde County, ER 16-2031 Dear Mr. Pelletier: We have taken the opportunity to conduct further review on the USACE Wilmington District Public Notice for the above project and would like to clarify our previous comments. We recently received a CAMA Major Permit Application Review from the NC Coastal Management Division regarding this project. The application contains additional background information from the applicant. The CAMA application cites USACE permit #SAWCO-N-028-000318 and CAMA permit #162-77 as authorizing (since 1977) the NCDOT Ferry Division to dredge within the ferry terminal basin at Ocracoke Island and the primary channel between Ocracoke Island and Hatteras Inlet gorge to maintain navigability. Our office has no documentation of any cultural survey being conducted as part of this planned dredging as it predates much of the formalization of procedures to manage submerged cultural resources in North Carolina waters. The CAMA application also states that in 1987 a new CAMA permit #224-87 included dredging within the 400x300- foot basin at the Ocracoke Ferry terminal and a 5200-foot access channel from the facility to the inlet gorge, and also a 550x200-foot basin at the Hatteras Island ferry facility with an 1800-foot channel toward the inlet. A memorandum dated August 24, 1987 for ER 88-7080, describes the project as "maintenance dredging of access channels at the ferry terminals on either side of Hatteras Inlet." It does not mention Hatteras Inlet itself. The comment the current applicant quoted from this memorandum about "maintenance dredging within controlled and previously dredged channels" and the recommendation of "no archaeological investigations be conducted" is applicable to maintaining access to terminal basins, not dredging within Hatteras Inlet. This application also states that a new 3500-foot channel, north of the natural channel was authorized in 1993, but in 1995 approval of this alternate channel was rescinded. Our letters pertaining to these comments and recommendations, associated with ER 94-7180 and dated August 23, 1993 and September 2, 1993, both clearly state the need for a comprehensive survey. Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 276994617 Telephone/Fax: (919) 807-6570/807-6599 As stated in our letter dated November 17, 2016, the NC Underwater Archaeology Branch research files have references to extensive maritime activities and shipwreck losses in the general project vicinity and the project area holds a high potential for containing submerged cultural resources. The proposal to maintain, through dredging, a naturally migrating channel rather than a fixed and controlled channel, does not constitute maintenance dredging. The very dynamic nature of shallow draft inlets along barrier islands of North Carolina also presents the possibility of shipwreck fragments being deposited within previously used channels as part of their shoaling. The Currituck beach wreck is a recent example of the size of shipwreck remains that can migrate miles with storm activity. As there currently appears to be a significant shoaling problem within the existing channel that is presenting problems for recreational, commercial, and even Coast Guard vessels attempting to use the inlet for navigation, we recommend the following conditions to any CAMA/USACE permit issued for the project. • Initial maintenance dredging of the existing shoaled areas will be permitted only in those areas that DCM determines have been previously dredged. • After the initial maintenance dredging within the areas that DCM determined to have been previously dredged, and prior to any additional dredging activities in the "un-dredged areas", a comprehensive underwater archaeological survey shall be carried out by a qualified archaeologist to determine if there are significant submerged resources in the "un-dredged areas." • Potential effects on these resources shall be assessed prior to initiation of any dredging activities in the "un- dredged areas" and appropriate no -work zones established, if deemed necessary. • Only after the report has been reviewed and comments provided by the Underwater Branch, will dredging in the additional areas be permitted. • In the event that substantial submerged materials are encountered that suggest the presence of shipwrecks or their debris, dredging should stop and the Underwater Archaeology Branch immediately notified. As any previous channels cut across the proposed project's connector channel corridor represent a small area, any remote sensing survey will have to pass through those areas. We believe that excluding information collected from \ those areas would leave gaps which could complicate the overall interpretation of remote sensing data and, therefore, recommend that those areas be included in the comprehensive survey. Th ae Bove comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579 or enviroiunental.review@ncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, � U Ramona M. Bartos cc: Doug Huggett, NCDCM, doug hueeett@ncdenr.eov Brad Rosov, Brad. Rosov Rosov@cbi.com Dare County, Robert Outten Coastal Management ENVIRONMENTAL OVALITY MEMORANDUM PAT MCCRORY Governor v .4r j DONALD R. VAN DER VAART NOV 2 1 2016 secretary STF77 _ _'_RTY TO: Mr. Tim Walton Director State Property Office FROM: Doug Huggett Respond to Doug Huggett Major Permits Processing Coordinator Morehead City Office Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 17 November 2016 SUBJECT: CAMA Application Review APPLICANT: Dare County, Mr. Robert L. Outten Dare County Hatteras Inlet Channel Maintenance Project PROJECT LOCATION: Project area is located on the west side of the Hatteras Inlet complex adjacent the northeastern tip of Ocracoke Island in the Pamlico Sound, Hyde County, North Carolina. PROPOSED PROJECT: Applicant proposes to maintain an existing permitted Connector Channel (NC Department of Transportation) to the Hatteras Inlet gorge from Barney Slough using US Army Corps of Engineers side cast and hopper dredge plants. Please indicate below your position or viewpoint on the proposed project and return this form by 7 December 2016. Please contact Steve Trowell at 252-948-3854, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. __j��This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached c mments. Signed Date 1( RECEIVED NOV 3 0 2016 <"Nothing Compares ti DC M- M H D CITY SOROfN&*CWC1 A ln"p NSIQwSty cma:\(AmzN ' 9AJ t\'uMtaon SaarA \lA. R'Ad+nS�NI.�C :'S79 PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary Coastal Management ENVIRONMENTAL QUALITY lu � ; 01 1� TO: Mr. Lee Padrick Division of Community Assistance FROM: Doug Huggett Respond to Doug Huggett Major Permits Processing Coordinator Morehead City Office Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 17 November 2016 SUBJECT: CAMA Application Review APPLICANT: Dare County, Mr. Robert L. Outten Dare County Hatteras Inlet Channel Maintenance Project PROJECT LOCATION: Project area is located on the west side of the Hatteras Inlet complex adjacent the northeastern tip of Ocracoke Island in the Pamlico Sound, Hyde County, North Carolina. PROPOSED PROJECT: Applicant proposes to maintain an existing permitted Connector Channel (NC Department of Transportation) to the Hatteras Inlet gorge from Barney Slough using US Army Corps of Engineers side cast and hopper dredge plants. Please indicate below your position or viewpoint on the proposed project and return this form by 7 December 2016. Please contact Steve Trowell at 252-948-3854, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. L--'This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. Signed /G o� iQ Date a 8 l4:5- RECEIVED NOY 3 0 2016 'Nothing Compares=%.�_ somRr...mcudiou eR.;Iw,R.aaiQ0,s4' C=wmzIw.RNRi DCM- MHD CITY 9i7 P'ylwrme Spw�UWV 0.'a.hinEan,SC :%589 :S=916 E18] 1112112016 12:06 Hyde Cc Administrative Offices 0:4252 926 3701 P.0011001 PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary C.UbS(U1 IbiunOtjr�u7Prl! MEMORANDUM TO: Jerry Hardison Inspector, Hyde County FROM: Doug Huggett Respond to Doug Haggett Major Permits Processing Coordinator Morehead City Office Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 17 November 2016 SUBJECT: CAMA Application Review APPLICANT. Dare County, Mr. Robert L, Outten Dare County Hatteras Inlet Channel Maintenance Project PROJECT LOCATION: Project area is located on the west side of the Hatteras Inlet complex adjacent the northeastern tip of Ocracoke Island in the Pamlico Sound, Hyde County, North Carolina. PROPOSED PROJECT: Applicant proposes to maintain an existing permitted Connector Channel (NC Department of Transportation) to the Hatteras inlet gorge from Barney Slough using US Army Corps of Engineers side cast and hopper dredge plants, Please indicate below your position or viewpoint on the proposed project and return this form by 7 December 2016. Please contact Steve Trowell at 252-949-3854, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY A This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached Date //r ,?/ /K %''Nothing Compares' Sure of\ad Cudir.+: Emiwn UAJ Q,up• Ccyu7%Wztnrnl 9:) {1'uhigmn S pou. dhlt . N11hin�Wa, \C : i SS9 PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary Coastal Management ENVIRONMENTAL OVALITY MEMORANDUM TO: Mr. Richard Peed DEMLR Land Quality 943 Washington Sq. Mall FROM: Doug Huggett Major Permits Processing Coordinator Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 17 November 2016 SUBJECT: CAMA Application Review Respond to Doug Huggett Morehead City Office APPLICANT: Dare County, Mr. Robert L. Outten Dare County Hatteras Inlet Channel Maintenance Project PROJECT LOCATION: Project area is located on the west side of the Hatteras Inlet complex adjacent the northeastern tip of Ocracoke Island in the Pamlico Sound, Hyde County, North Carolina. PROPOSED PROJECT: Applicant proposes to maintain an existing permitted Connector Channel (NC Department of Transportation) to the Hatteras Inlet gorge from Barney Slough using US Army Corps of Engineers side cast and hopper dredge plants. Please indicate below your position or viewpoint on the proposed project and return this form by 7 December 2016. Please contact Steve Trowell at 252-948-3854, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. ✓/ This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached cor ments. Signed NOV 2 8 2016 NOV 1 8 2016 I�NI- MHD CITY 'Nothin ompares S a* of\-orA Crdw ra.iea A Q*AW Te W Nfaag yet 943Wwh" nSgt )40 IR1t8mS NC:Y39 !s!W "21 NOV 2 12016 •_'�� �'r*7i ;l;�arto 7et�; r-rti MEMORANDUM TO: Ms. Renee Gledhill -Early NC Department of Cultural Resources Archives & History Building �tz�cf.Izraly Governor DONALD R. VAN DER VAART Secretary ez.tu•ao3t FROM: Doug IIuggett Respond to Doug Huggett Major Permits Processing Coordinator Morehead City Office Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 17 November 2016 SUBJECT: CAMA Application Review APPLICANT: Dare County, Mr. Robert L. Outten Dare County Hatteras Inlet Channel Maintenance Project PROJECT LOCATION: Project area is located on the west side of the Hatteras Inlet complex adjacent the northeastern tip of Ocracoke Island in the Pamlico Sound, Hyde County, North Carolina. PROPOSED PROJECT: Applicant proposes to maintain an existing permitted Connector Channel (NC Department of Transportation) to the Hatteras Inlet gorge from Barney Slough using US Army Corps of Engineers side cast and hopper dredge"plants. Please indicate below your position or viewpoint on the proposed project and return this form by 7 December 2016. Please contact Steve Trowel] at 252-948-3854, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. This office has no comment on the proposed project. 41— This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. Signed Date V() i ti t{kg C,() 1"S i' p a t'PS_�1.. .. Sabot'.imS Cudes; Pniisr iraicd �:'sey 4Qwstx: `Js t{• �! ti'ssEins^�.SC.: 1s°9 _ '.49935 Fd81 _A% North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Banos, Administrator Governor Pal McCrory secretary Susan Manz November 17, 2016 Josh Pelletier US Army Corps of Engineers Washington Regulatory Office 2407 West Fifth Street Washington, NC 27889 Office of Archives and History Deputy Secretary Kevin Cherry RE: Dredging of Connector Channel Area within Hatteras Inlet, SA W-2016-02140,Dare and Hyde Counties, ER 16-2031 Dear Mr. Pelletier: We have received the USACE Wilmington District Public Notice for the above project and would like to take this opportunity to comment. The Office of State Archaeology— Underwater Branch research files have references to extensive maritime activities and shipwreck losses in the general project vicinity; therefore, much of the project area holds a high potential for containing submerged cultural resources. Unlike prior projects within the Hatteras Inlet area, it is our opinion that this project does not constitute maintenance dredging within controlled and previously dredged channels. The proposal to maintain with dredging a naturally migrating channel through the shoals in the Hatteras Inlet complex will create a bottom disturbance that may impact unknown archaeological resources. Therefore, we recommend that a comprehensive survey be conducted by an experienced archaeologist to identify the presence and significance of submerged archaeological remains lying within the project boundaries. Potential effects on these resources should be assessed prior to initiation of any dredging activities and appropriate no -work zones established within the overall project area if deemed necessary. 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. Thankyou for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579 or environmenial.revie%v@ticdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, ((�� %fca'Ramona M. Bartos cc: Kenneth Willson, CB&1 Dare County, Attn: Robert Outten Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 276994617 '1'elcphonOrax::(919) 807-6570/807-6599 PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary Coastal Management ENVIRONMENTAL OUAUTY MEMORANDUM TO: Ms. Rachael Love-Adrick District Planner Division of Coastal Management FROM: Doug Huggett Respond to Doug Huggett Major Permits Processing Coordinator Morehead City Office Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 17 November 2016 SUBJECT: CAMA Application Review APPLICANT: Dare County, Mr. Robert L. Outten Dare County Hatteras Inlet Channel Maintenance Project PROJECT LOCATION: Project area is located on the west side of the Hatteras Inlet complex adjacent the northeastern tip of Ocracoke Island in the Pamlico Sound, Hyde County, North Carolina. PROPOSED PROJECT: Applicant proposes to maintain an existing permitted Connector Channel (NC Department of Transportation) to the Hatteras Inlet gorge from Barney Slough using US Army Corps of Engineers side cast and hopper dredge plants. Please indicate below your position or viewpoint on the proposed project and return this form by 7 December 2016. Please contact Steve Trowell at 252-948-3854, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. This Ghptwq comment on the proposed project. OTTOt This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached m ,r ts. Z Signed�VZ Date NflU ' 2-% �2-0 t �y Nothing Compares Sur# RExaGAcuduu I en"W"Nd Q.&* Ics�W S4.ulnn«N 9ASA'uh"4WS4W4Nfatl INylhiAEsvi,XC :�189 }I)9EA"*1 INA PAT MCCRORY DONALD R. VAN DER VAART Coastal Management ENVIRONMENTAL QUALITY MEMORANDUM TO: Doug Huggett, Major Permits Processing Coordinator Division of Coastal Management FROM: Rachel Love-Adrick, District Planner, ✓ilk Division of Coastal Management SUBJECT: Major Permit Request by Dare County, Mr. Robert L. Outten DATE: November 29, 2016 BRAXTON DAVIS Ouvo," Consistency Determination: The request is consistent with/not in conflict with the 2008 Hyde County LAMA Core Land Use Plan certified by the CRC on March 28, 2008, provided that all sand and dredge spoil materials be stockpiled. Project Overview: The applicant is proposing to maintain an existing permitted Connector Channel (NC Department of Transportation) to the Hatteras Inlet gorge from Barney Slough using US Army Corps of Engineers sidecast and hopper dredge plants. The Connector Channel is proposed to be, as previously permitted, 150' wide x 5,661' long with a max depth of minus 12' below mean low water (MLW). The project area extends west from the Hatteras Inlet gorge to the tip of Ocracoke Island and north into Pamlico Sound to form a ±20-acre box that centers mainly on the existing "Connector Channel" from Barney Slough to the inlet gorge. There is a smaller natural channel to the north and one to the south of the connector channel encompassed within the 20-acre box. With the exception of the most northern portion of the project box, the area is characterized by these meandering natural sloughs through the inlet shoal system that shift and develop shoaling with the seasonal shifts in weather patterns and associated shifts in wind strength and direction. The north side of the project box in the vicinity of the natural slough the shoals are more stable as evident by the presence of submerged aquatic vegetation (SA V). Anecdotal observation of shellfishing activities adjacent these SAV beds suggest a strong presence of hard clams. The project area box also includes a poltion of Barney Slough. Pamlico Sound, on the west side of Hatteras inlet is designated as SA ORW by the Environmental Management Commission and Coastal Waters by the Marine Fisheries Commission. A review of habitat, and cultural or archaeological resources was not provided. Anticipated impacts resulting from this project are expected to include some localized short term turbidity. Dredging activities will excavate potentially 849,159 ft2 of Pamlico Sound bottom. 'Nothing Compares State of Noah Carolina I Environmental Quality I Coastal Management 400 Commerce Avenue I Morehead City, NC 28557 252-808-2808 1252-247-3330 (fac) North Carolina Department of Environmental Quality Division of Coastal Management w V MEMORANDUM Page 2 of 2 Basis for Determination: The project site is located in Hyde County as is subject to the 2008 Hyde County CAMA Core Land Use Plan. The Future Land Use Map (FLUM) designates all AECs as "Unbuildable Land", which limits development to 15A NCAC 7H use standards. Economic Development: 1.122, pg. 216: "in order to support eco-tourism and provide a solid foundation for overall economic development, Hyde County will":... • "Request that all sand and dredge spoil materials be stockpiled". General Health and Human Services Needs: P.134, pg. 219: "Hyde County supports regulated dredging activities by governmental entities but does not support the expenditure of county funds for such activities". 'Nothing Compares State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Avenue I Morehead City, NC 28557 252-808-2808 1252-247-3330 (fax) PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary `Ore slit! fliUeliir);'k2Ctir i �Lat���ilut TO: Mr. Cliff Whitfield Public Water Supply Section NCDENR WARO p n „(CEHVED NOV 18 20i6 BY:_-- FROM: Doug Huggett Respond to Doug Huggett Major Permits Processing Coordinator Morehead City Office Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 17 November.2016 SUBJECT: CAMA Application Review APPLICANT: Dare County, Mr. Robert L. Outten Dare County Hatteras Inlet Channel Maintenance Project PROJECT LOCATION: Project area is located on the west side of the Hatteras Inlet complex adjacent the northeastern tip of Ocracoke Island in the Pamlico Sound, Hyde County, North Carolina. PROPOSED PROJECT: Applicant proposes to maintain an existing permitted Connector Channel (NC Department of Transportation) to the Hatteras Inlet gorge from Barney Slough using US Army Corps of Engineers side cast and hopper dredge plants.. Please indicate below your position or viewpoint on the proposed project and return this form by 7 December 2016. Please contact Steve Trowell at 252-948-3854, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. This office has no continent on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. Signed C& xft� Date 11 a I �aOP 6 5 U:1 o?\orth Caro:ina: PniieGnmana: QaaliN: C W laai?1aroG�Mi 9431t'a1hhslon S9zaaa W11 , lq,hlnren,?C 27SS9 M 29a6"41 N* Coastal Management ENVIRONMENT AL QUALITY MEMORANDUM TO: Mr. Shannon Jenkins NCDENR Division of Environmental Health FROM: Doug Huggett Major Permits Processing Coordinator Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 17 November 2016 SUBJECT: CAMA Application Review PAT MCCRORY Governor R. VAN DER VAART shellfis, MOV Z 12016 °rio17al Respond to Doug Huggett Morehead City Office APPLICANT: Dare County, Mr. Robert L. Outten Dare County Hatteras Inlet Channel Maintenance Project PROJECT LOCATION: Project area is located on the west side of the Hatteras Inlet complex adjacent the northeastern tip of Ocracoke Island in the Pamlico Sound, Hyde County, North Carolina. PROPOSED PROJECT: Applicant proposes to maintain an existing permitted Connector Channel (NC Department of Transportation) to the Hatteras Inlet gorge from Barney Slough using US Army Corps of Engineers side cast and hopper dredge plants. Please indicate below your position or viewpoint on the proposed project and return this form by 7 December 2016. Please contact Steve Trowell at 252-948-3854, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. This office has no comment on the proposed project. Signed This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. !Nothing Compares SObofNar%hCndw rn,," mmAQ.uty Cents%EatRg�t 943Wuhnf Sq.*.%U: P'nhmr+ .NC:'SN '4' 0666651 RECEIVED NOV 2 2 2016 DCM- MHD CITY WaterResources ENVIRONMENTAL QUALITY December 28, 2016 Dare County Attn: Mr. Robert Outten 954 Marshall C Collins Drive Manteo, NC 27954 PAT MCCRORY DONALD R. VAN DER VAART secrenoy S. JAY ZIMMERMAN Director DWR # 13-1279 v2 Dare/Hyde County Subject: Approval of Individual 401 Water Quality Certification with Additional Conditions Dare County Hatteras Inlet Channel Maintenance Project USACE Action ID. No. SAW-2016-02140 Dear Mr. Outten: Attached hereto is a copy of Certification No. 4081 issued to Dare County, dated December 28, 2016. 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 approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty (60) calendar days. A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Stain of North Carolina I F.nvironmenGl Quality I Water Resources 1617 Mail Service Center I Raleigh, Nord) Carolina 27699. M17 919 907 6300 Mailing address for the OAH: If sending via US Postal service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Dare County DWRH 13-1279 v2 Individual Certification H4081 Page 2 of 8 if sending via delivery service (UPS, Fed Ex, etc): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to Department of Environmental Quality: Sam M. Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 Unless such a petition is filed, this Certification shall be final and binding. This certification completes the review of the Division under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Contact Anthony Scarbraugh at 252-948-3924 or anthony.scarbraugh@ncdenr.gov if you have any questions or concerns. Sincerely, Karen Higgins, Superviso 401 & Buffer Permitting Branch cc: Kenneth Wilson/Brad Rosov, Coastal Planning & Engineering of North Carolina, Inc., 4038 Masonboro Loop Road, Wilmington, NC 28409 USACE Washington Regulatory Field Office Doug Huggett, DCM Morehead City (via doug.huggett@ncdenr.gov) Todd Bowers, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303 DWR WaRO 401 file DWR 401 & Buffer Permitting Branch file Filename: 131279v2DareCoHatteraslnletMaintenance(Dare_Hyde)_401_ IC.docx Dare County D W R# 13-1279 v2 Individual Certification #4081 Page 3 of 8 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION CERTIFICATION #4081 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 15A 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 2, 2016. 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 conditions of the Certification are met. No other impacts are approved, including incidental impacts. [15A NCAC 02B .0506(b) & (c)] Type of Amount Approved Amount Approved Impact I (units) Permanent (units) Temporary Open Waters OW-1 19.5 (acres) 0 (acres) (Dredging) 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. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this Certification and is responsible for complying with all conditions. Any new owner must notify the Division and request the Certification be issued in their name. [15A NCAC 02H .0501 and .0502] 3. Due to the potential for impacts from sedimentation and/or turbidity on SAV beds and other marine habitat, when practical, the applicant shall use a hopper dredge plant with a minimum 100-foot buffer between the historically mapped SAV beds and the proposed dredge channel, utilizing the previously authorized nearshore disposal site in the Atlantic Dare County DWR# 13-1279 v2 Individual Certification #4081 Page 4 of 8 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 .02211 4. If a sidecast dredge is utilized: a. When practical, 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. [15A NCAC 02B .0221] When practical, the applicant shall limit dredging within 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. If dredging must occur during the Dredge Moratorium, the DWR Washington Regional Office (252-946-6481) must be notified. (15A NCAC 02B .0221] 6. All mechanized equipment operated near surface waters or wetlands will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. 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 Substances Control Act. [15A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC 026 .0200 (3)(f), and G.S. 143 Article 21A] 7. The Permittee shall adhere to Title 15A NCAC 02B .0220 Tidal Salt Water Quality for Class SB Waters, including but not limited to: (12) pH: shall be normal for waters in the area, which 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; (19) Turbidity: the turbidity in the receiving water shall not exceed 25 Nephelometric Turbidity Units (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] recommended by the Designated Nonpoint Source Agency (as defined by Rule .0202 of this Section). BMPs shall be in full compliance with all specifications governing the proper design, installation, operation, and maintenance of such BMPs; Dare County D W RH 13-1279 v2 Individual Certification #4081 Page 5 of 8 8. Dare County shall conduct construction activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with section 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 the 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, 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. [15A NCAC 02B .02001 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://porta1.ncdenr.org/web/wq/swp/ws/401/certsandPermits/apply/forms). [15A NCAC 02H .0502(f)] 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 reference and are enforceable parts of this certification. [15A 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 .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200]: a) Design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor -owned or leased borrow pits associated with the project. b) For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. Dare County D W R# 13-1279 v2 Individual Certification #4081 Page 6 of 8 c) Reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. d) Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. e) If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS-1, WS-II, High Quality (HOW), 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. 12. Sediment and erosion control measures shall not be placed in wetlands or waters. Exceptions to this condition require application submittal to and written approval by the Division. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, then design and placement of temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands, stream beds, or banks, 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] 13. 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 (NCGO10000), inspection log sheets, and other information may be found at http://portal.ncdenr.org/web/wq/ws/su/npdessw#tab-w. [15A NCAC 02H .0506(b)(5) and (c)(5)] 14. 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 protect water quality to the maximum extent practicable through the use of best management practices. All buffer rule requirements, including diffuse flow requirements, must be met. [15A NCAC 02B .0200] Dare County DWR# 13-1279 v2 Individual Certification #4081 Page 7 of 8 15. 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 028 .0200] 16. 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)] 17. In the twenty (20) coastal counties, the appropriate DWR Regional Office must be contacted to determine if Coastal Stormwater Regulations will be required. [15A NCAC 02H .0506 (b)(5) and (c)(5)] 18. This Certification does not relieve the applicant of the responsibility to obtain all other required Federal, State, or Local approvals. 19. 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 §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(d)] 20. Upon completion of all impacts included within this approval and any subsequent modifications, the applicant shall be required to return the certificate of completion attached to the approval. One copy of the certificate shall be sent to the DWR Central Office in Raleigh at 1650 Mail Service Center, Raleigh, NC, 27699-1650. [15A NCAC 02H .0502(f)] 21. 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)] Dare County D W R# 13-1279 v2 Individual Certification #4081 Page 8 of 8 22. This certification grants permission to the director, an authorized representative of the Director, or DENR staff, upon the presentation of proper credentials, to enter the property during normal business hours. [15A NCAC 02H .0502(e)] 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 .0507(d)(2) and 15A NCAC 02H .0506] Non-compliance with or violation of the conditions herein set forth may result in revocation of this Certification and may also result in criminal and/or civil penalties. This the 28th day of December 2016 Karen Higgins, Supervisor 401 & Buffer Permitting Branch KAH/jab 4081 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS WASHINGTON REGULATORY FIELD OFFICE 2407 W 5T STREET WASHINGTON, NORTH CAROLINA 27889 December 21, 2016 Regulatory Division Action ID No. SAW-2016-02140 Dare County Attn: Mr. Robert Outten 954 Marshall C Collins Drive Manteo, North Carolina 27954 Dear Mr. Outten, Please reference your application for Department of the Army (DA) individual permit authorization to utilize US Army Corps of Engineers (USACE) dredges to conduct maintenance dredging on a channel known as the "Connector Channel' on an as -needed basis located between Ocracoke Island and Hatteras Island, North Carolina. The purpose of this correspondence is to provide you with agency comments we have received on the proposed project (attached). Our administrative process provides you with an opportunity to propose a resolution and/or rebut any and all objections before a final decision is made. In this regard, I would appreciate receiving any comments that you have regarding the attached correspondence on or before January 5, 2017. If you intend to comment, please give your immediate attention to this matter so processing of your permit can be expedited. Thank you for your time and cooperation. Please submit all comments to Josh Pelletier of the Washington Regulatory Field Office, 2407 W. 51, Street, Washington, North Carolina 27889. Should you have any questions, please feel free to contact Mr. Pelletier by telephone at (910) 251-4605. Enclosures Sincerely, ishelletier t Manager Washington Regulatory Field Office RECEIVED . DEC 2 8 2016 DCM- MHD CITY -2- Copies Furnished (without enclosures): Mr. Kenneth Wilson CB&I 4038 Masonboro Loop Road Wilmington, North Carolina 28409 Mr. Daniel Holliman Wetlands and Regulatory Section United States Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Ms. Kathy Matthews United States Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Ken Riley National Marine Fisheries Service Habitat Conservation Division 101 Pivers Island Road Beaufort, North Carolina 28516 Ms. Karen Higgins Division of Water Resources North Carolina Department of Environmental Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557 Huggett, Doug From: Trowell, Steve Sent: Tuesday, December 20, 2016 9:46 AM To: Huggett, Doug; Howell, Jonathan Subject: RE: hatteras inlet draft permit Doug: Does condition 12 duplicate the request for plat work in condition 7? Maybe instead of asking for a complete set of plans in 12, we should request a copy of the Corps/DWR authorizations and any subsequent modifications of those authorizations to facilitate discussions at a preconstruction meeting. This thing could get messy with the State and federal permit processes being separated and the strong potential for request to work outside dredge windows. Thanks for allowing us a chance to review a draft. From: Huggett, Doug Sent: Monday, December 19, 2016 3:02 PM To: Howell, Jonathan <jonathan.howell@ncdenr.gov>; Trowell, Steve <steve.trowell@ncdenr.gov> Subject: hatteras inlet draft permit Can you guys look this over and let me know your thoughts as quickly as possible. I feel like I am missing something....... Doug Huggett, Doug From: Huggett, Doug Sent: Sunday, December 11, 2016 10:42 AM To: Gledhill-earley, Renee Cc: Howell, Jonathan; Trowel], Steve; Pelletier, Josh R SAW; Huggett, Doug; Rosov, Brad (Brad.Rosov@cbi.com); Willson, Kenneth (Kenneth.Willson@cbi.com) Subject: Hatteras Inlet dredging project Hi Renee, It's been a while. Hope all is well. I am writing about your recent comments on the Hatteras Inlet dredging proposal submitted by Dare County (ER 16- 2031). In your letter, you indicated that due to the wide scope of what I call "project bo:f', and the fact that this box encompasses much more than what has traditionally dredged in the inlet complex, it is recommended that a submerged archaeological resources survey should be conducted prior to the initiation of dredging activities. The Division shares your concerns about the wide geographic range of the project box, and agree that an archaeological survey is warranted. However, there currently appears to be a significant shoaling problem within the existing channel that is presenting significant problems for recreational, commercial, and even Coast Guard vessels attempting to use the inlet for navigation. Given this urgency, I would like to suggest the following solution. The CAMA permit would allow for an initial maintenance dredging of the existing shoaled areas, but only so long as the areas to be dredged are determined by DCM to be areas that have been previously dredged - thereby hopefully limiting potential impacts to submerged archaeological resources. The CAMA permit would then go on to say that after the initial maintenance dredging event, and prior to any additional dredging activities, the archaeological survey would have to be completed. It is my hope that this solution would satisfy the concerns and needs of all parties, including those of your agency. If you could let me know your thoughts on this as soon as possible, I would greatly appreciate it. I will be in the office all day on Monday and Friday, and checking email and available on cell phone (919 218-1490) Tuesday through Thursday. Thanks a bunch, and hope you have a wonderful holiday season! Take care Doug Ew 0� UNITED STATES DEPARTMENT OF COMMERCE o National Oceanic and Atmospheric Administration s3 NATIONAL MARINE FISHERIES SERVICE Southeast Regional Office �'?NTE5 0' 263131h Avenue South St, Petersburg, Florida 33701-5505 http:lisero.nmfs.noaa.gov December 16, 2016 F/SER47:KR/pw (Sent via Electronic Mail) Colonel Kevin P. Landers Sr., Commander U.S. Army Corps of Engineers Wilmington District 69 Darlington Avenue Wilmington, North Carolina 28403-1398 Attention: Josh Pelletier Dear Colonel Landers: NOAA's National Marine Fisheries Service (NMFS) has reviewed the public notice for Action ID No. SAW-2016-02140, dated November 2, 2016, and the draft Environmental Assessment for the Dare County Hatteras Inlet Channel Maintenance Project (EA), dated October 2016. The NMFS has also reviewed the separate Essential Fish Habitat Assessment for the Dare County Hatteras Inlet Channel Maintenance Project, dated October 2016. Dare County seeks authorization for dredging of the Connector Channel within the Hatteras Inlet complex. Shoaling within the channel is restricting navigation. To reestablish the navigability into Hatteras Inlet, Dare County is seeking permits allowing it to use (fund) U.S. Army Corps of Engineers (USACE) dredges for maintenance of the Connector Channel. The Wilmington District's initial determination is the proposed project may adversely affect essential fish habitat (EFH) or associated fisheries managed by South Atlantic Fishery Management Council (SAFMC), the Mid -Atlantic Fishery Management Council, or NMFS. 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). Description of the Proposed Project The purpose of the proposed project is to maintain safe navigation into Hatteras Inlet via the Connector Channel. Following several storms in recent years, the Connector Channel has severely shoaled restricting navigation by recreational and commercial vessels. Maintenance dredging within the Connector Channel is problematic for some dredge plants due to the high energy environment and exposure to the open ocean. The proposed action would allow for Dare County to use on an as -needed basis USACE-owned sidecast and hopper dredges to maintain the Connector Channel. Dredging would be limited to the proposed Connector Channel corridor to a depth of-12 feet mean low water (MLW) and ISO feet wide. Due to the ephemeral nature of the shoals within the Hatteras Inlet complex, the Connector Channel does not remain in a fixed location and therefore a corridor where dredging may occur has been established. Prior to each maintenance event, the precise dredging location would be determined via a pre -construction bathymetric survey. Material excavated by the hopper dredge would be disposed in a previously authorized nearshore disposal site in the Atlantic Ocean just south of Ocracoke Island. The nearshore disposal site is approximately 0.9 miles from the northern end of the island and in approximately -10.0 feet MLW depths. I - Consultation History The NMFS participated in an interagency scoping meeting on August 16, 2016. The NMFS commented on the extent of the proposed channel maintenance corridor and presence of submerged aquatic vegetation (SAV) along shoals adjacent to the project area. After reviewing the SAV survey and project maps, the NMFS worked with the applicant to reduce the size of the maintenance corridor and avoid direct impacts to SAV. Comments of the Environmental Assessment and EFHAssessment The draft EA and EFH Assessment both review anticipated environmental impacts within the proposed 800-acre project area. The authors describe with detail direct and indirect effects expected to occur within the estuarine and coastal habitats of the project area. Further, the authors provide detailed review of EFH for managed species that occur within the project area. An effects determination is provided for each habitat type and for each managed fishery species. The EFH included in the assessment includes descriptions and impacts to estuarine emergent wetlands, oyster reefs and shell banks, intertidal flats, SAV, estuarine and marine water column, and shallow sand and mud bottoms. The EFH Assessment notes the SAFMC designates SAV, oysters, and tidal inlets (including the shoal complexes associated with the inlets) as Habitat Areas of Particular Concern (HAPCs) due to the high value these habitats afford fishery species. Generalized environmental impacts are expected to be temporary in nature and of short duration (days) following construction and maintenance activities. Impacts from dredging and material disposal include an increase in the turbidity and total suspended solids from sediments, silt, and organic materials. High concentrations of suspended solids for extended durations can impair biological productivity and . ecological function by clogging fish gills, affecting recruitment of fish and invertebrates (crustaceans and invertebrates), and suppressing growth of SAV and shellfish (e.g., oysters, clams, scallops). While inlet complexes and the nearshore coastal ocean environment can be extraordinarily dynamic and resilient ecosystems, nearshore material disposal sites can have more severe impacts that take longer periods of time (months and years) for ecological recovery. Disposal activities that bury infaunal communities result in direct mortality of many forage species. These infaunal species provide important trophic linkages coupling benthic-pelagic ecosystems. Many of the organisms that utilize these habitats also provide trophic linkages between inshore and offshore populations. The NMFS recommends the draft EA and EFH Assessment expand upon the discussion of HAPCs and in particular note that inlets serve as migratory corridors for larvae entering nursery areas and for sub -adults leaving nursery areas for maturation and spawning offshore. Further, the NMFS recommends environmental windows (seasonal restrictions) be used for timing of dredging and disposal activities to protect fish during sensitive life stages. The EA and EFH Assessment state the construction, dredging, and maintenance schedule will be completed as needed. The NMFS recommends the project include a work moratorium for April 1 through November 15 to minimize environmental impacts and provide protections for seasonal migrations of fish and protected species (i.e., sturgeon, sea turtles). EFH Conservation Recommendations 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. Therefore, NMFS recommends the following to ensure the conservation of EFH and associated fishery resources: • A scientifically supported rationale should be provided for assessment of alternative dredged material disposal sites; preferably upland spoil sites or distant nearshore or offshore sites capable of reducing impacts to critically important EFH associated with tidal inlets. • Best management practices, such as restricting the time of year that construction activities including dredging and disposal should be included to reduce impacts to EFH and vulnerable life stages of federally managed fishery species. • An environmental monitoring plan should be developed to assess the impacts of frequent Connector Channel maintenance activities that include dredging and material disposal. Section 305(b)(4)(B) of the Magnuson -Stevens Act and implementing regulation at 50 CFR Section 600.920(k) require the Wilmington District to provide a written response to this letter within 30 days of its receipt. If it is not possible to provide a substantive response within 30 days, in accordance with the "findings" with the Wilmington District, an interim response should be provided to the NMFS. A detailed response then must be provided prior to final approval of the action. The detailed response must include a description of measures proposed by the Wilmington District to avoid, mitigate, or offset the adverse impacts of the activity. If the response is inconsistent with the EFH conservation recommendations, the Wilmington District must provide a substantive discussion justifying the reasons for not following the recommendations. These comments do not satisfy the consultation responsibilities under Section 7 of the Endangered Species Act of 1973, as amended. If any activity "may effect" listed sea turtles, sturgeon, or marine mammals and their habitats under NMFS purview, consultation should be initiated with the NMFS Protected Species Division at the letterhead address. Thank you for the opportunity to provide these comments on the draft EA and EFH Assessment. Please direct related questions or comments to the attention of Dr. Ken Riley at our Beaufort Field Office, 101 Pivers Island Road, Beaufort, North Carolina 28516-9722, or at (252) 728-8750. / for cc: COE, Josh.Pelletier@usace.army.mil USFWS, Pete_Benjamin@usfws.gov NCDCM, Doug.Huggett@ncmail.net NCDCM, Shane.Staples@ncdenr.gov EPA, Bowers.Todd@epa.gov SAFMC, Roger.Pugliese@safmc.net ASMFC, LHavel@asmfc.org F/SER4, David.Dale@noaa.gov F/SER47, Ken.Riley@noaa.gov Sincerely, !ncau ve-14 Virginia M. Fay Assistant Regional Administrator Habitat Conservation Division Huggett, Doug From: Dunn, Maria T. Sent: Monday, December 05, 2016 5:13 PM To: Huggett, Doug Cc: Scarbraugh, Anthony; Staples, Shane Subject: Hatteras Inlet, Dare Co. Attachments: CMDF_Dare Co Hatteras Inlet_NCWRC.pdf Doug, Please accept the attached comments for the above project. Thank you. Maria Maria T. Dunn Coastal Coordinator NC Wildlife Resources Commission 943 Washington Sq. Mall Washington, NC 27889 office:252-948-3916 fax:252-975-3716 www.ncwildlife.org Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. PAT MCCRORY Governor DONALD R. VAN DER VAART Secrelary ,,,II{.li•IS-DI MEMORANDUM TO: Mrs. Maria Dunn NC Wildlife Resources Commission FROM: Doug Haggett Respond to Doug Huggett Major Permits Processing Coordinator Morehead City Office Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 17 November 2016 SUBJECT: CAMA Application Review APPLICANT: Dare County, Mr. Robert L. Outten Dare County Hatteras Inlet Channel Maintenance Project PROJECT LOCATION: Project area is located on the west side of the Hatteras Inlet complex adjacent the northeastern tip of Ocracoke Island in the Pamlico Sound, Hyde County, North Carolina. PROPOSED PROJECT: Applicant proposes to maintain an existing permitted Connector Channel (NC Department of Transportation) to the Hatteras Inlet gorge from Barney Slough using US Army Corps of Engineers side cast and hopper dredge plants. Please indicate below your position or viewpoint on the proposed project and return this form by 7 December 2016. Please contact Steve Trowell at 252-948-3854, if you have any questions regarding the proposed project When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. This office has no comment on the proposed project. ✓ This office approves of the proposed project only if the recommended changes are incorporated. See attached. Signed ..�� This office objects to the proposed project for reasons described in the attached comments. Date 12-5-)�01(n gJ'+C: �. h:1 rJ:fi�IO J1H.: .NQY M1�f,.' CNv is \:3 fJf eflmt •._cet NS: 9 North Carolina Wildlife Resources Commission Gordon Myers, Executive Director MEMORANDUM TO: Doug Huggett Division of Coastal Management North Carolina Department of Environmental Quality FROM: Maria T. Dunn, Coastal Coordinator Habitat Conservation Division DATE: December 5, 2016 SUBJECT: CAMA Dredge/Fill Permit Application for Dare County, Dare County Hatteras Inlet Channel Maintenance Project, Hyde County, North Carolina. Biologists with die North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit application with regard to impacts on fish and wildlife resources. The project area is west of the Hatteras Inlet complex, adjacent die northeastern lip of Ocracoke Island in die Pamlico Sound. 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, and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.). Dare County proposes to maintain an existing permitted Connector Channel (NC Department of Transportation (NCDOT), #224-87) to the Hatteras Inlet gorge from Barney Slough by using the US Army Corps of Engineers (US ACE) Navigation Branch dredge plants, Merritt, Murden, and Curriluck. Permit 9224-87 has a fixed authorized channel 150' by 5,000'witlh a maximum depth of -12' MLW. Material was removed by a pipeline dredge and placed at three designated locations. Emergency dredge operations to attempt die keep the channel operable for die ferry were done via sidecast dredge. Due to the dynamics of the system and shoaling, the NCDOT has had to find an alternate, longer ferry route. Currently Dare County is working to form a Memorandum of Understanding (MOU) with the Wilmington District USACE Navigation Branch to perform time dredge operations with their dredge plants to provide safer channel conditions for the comruercial and recreational fishing fleet. The request is to allow a non -fixed 150' by 5,661' channel to a maximum deptlm of -12' MLW to be dredged on an "as needed" basis. Prior to dredge operations, a pre -construction bathymetric survey would be conducted to find the best route within the project area to establish die channel, if the special purpose dredges Curriluck or Murden are used, the spoil would be placed in a previously authorized ncarshore disposal site approximately 1,500' offshore of the northeastern tip of Ocracoke Island in a water depth of -10' Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0029 CNIDF Dnre Co Hnaerns Ldel Complex Ngc 2 Dew.[ r 5, 2016 MLW. Otherwise, material would be sidecast dredged by the Merritt. To minimize impacts to submerged aquatic vegetation (SAV), all dredging activities would be a minimum 100' from SAV beds and no . dredging activities would be in the vicinity of the Tideland EMC power cable where it lies less than -15' MLW. The Pamlico Sound in this location is classified SA ORW by the Environmental Management Commission and is open to shellfish harvesting. The NCWRC has reviewed the current application proposal and is familiar with the previously permitted project and has provided comments on numerous occasions. We understand the importance of keeping a navigable channel even though the Hatteras Inlet complex is dynamic and difficult to maintain at set parameters. Therefore, we provide the following comments to minimize impacts to terrestrial and aquatic wildlife resources: — In general, NCWRC does not support sidecast dredging as a longterm management method. We encourage the applicant to look for more long term solutions that would keep an open channel for a more extended period of time with less chronic impacts to aquatic habitats. This may include, but is not limited to, new spoil deposition areas that may benefit wildlife resources. — To avoid chronic impacts to aquatic resources during highly productive times of the year, the NCWRC encourages no dredging be done from April 1 -September 30. If it is determined that dredging must be done during this time due to significant shoaling or following storm events; all efforts should be made to conduct dredging, especially sidecast dredging, during outgoing tides. — The USACE dredge plants Merritt, Murdcn, and Currituck have minimal impacts to sea turtles dining dredge operations if material is sidecast or placed in the nearshore disposal area. If it is determined other dredge plants would be used, consultation with state and federal agencies should be initiated to determine if moratoria would be appropriate to protect wildlife and aquatic resources. We appreciate the opportunity to review, and comment on this permit application. If you need further assistance or additional information, please contact me at (252) 948-3916 or at maria.dunnr(�,ncwildlife. ora 17 November 2016 Coastland Times PO Box 400 Manteo, NC 27954 PAT MCCRORY DONALD R. VAN DER VAART Please include the enclosed Notice of Filing in the Public Notice section of the 23 November 2016 edition of your newspaper. If it will not be possible to include this notice in that edition, or if you should have any questions about this notice, please call me as soon as possible at 948-3820. Thank you. ATTACHMENT Cc: File .....day -it of PuUiicatioii n .,.fit C,riginal copy of the NCDENR COASTAL MANAGEMENT DMSION 400 COMMERCE AVENUE MOREHEAD NC 28557 252-808-2808 ext. 229 Sincerely, Sherry Tyson, Secretary Division of Coastal Management RECEIVED NOV 2 1 2016 DCM- MHD CITY 3 c;z ci S. c. Ca: eira Em�rnrn>cai Q_air: C[aSta.:.:.r1-.SGt 91i tt'ahunj=iv':ara:.:a is \Czs.=F='::C:-S S> NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by N.C.G.S. 113A-119(b) that an application for a development permit in an Area of Environmental Concern as designated under the Coastal Area Management Act (CAMA) was received on 8 November 2016. According to the said application submitted by Mr. Robert L. Outten, Dare County, applicants proposed project area is located on the west side of the Hatteras Inlet complex adjacent the northeastern tip of Ocracoke Island in the Pamlico Sound, Hyde County, North Carolina. A copy of the entire application maybe examined or copied at the office of Jonathan R- Howell, District Manager, Washington Regional Office, 943 Washington Square Mall, Washington, NC, during normal business hours. Public comments received by 12 December 2016 will be considered. Later comments will be accepted and considered up to the time of permit decision. Project modifications may occur based on further review and comments. Notice of the permit decision in this matter will be provided upon written request. Steve Trowell, Field Representative Coastal Management Representative NC Division of Coastal Management 943 Washington Square Mall Washington, North Carolina 27889 (252) 948-3854 Please publish on: 23 November 2016 RECEIVED NOV 21 2016 DCM- MHD CITY MAJGR PE1WHI ° FEE MATT UX A> iplican3• selec4a®n j'l ®ev sl®pmeau4 Type Pee (14300 160135100 931625 6253) 1 (243001602 43510095 2341) I. Private, non-commercial development that does not $250 100% ($250) 0% ($0) involve the filling or excavation of any wetlands II. Public or commercial development that does not $400 100% ($400) 0% ($0) involve the filling or excavation of any wetlands or oxen water areas: ❑ Major Modification to a $250 100% ($250) 00/0($0) CAMA Major -permit III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A, III(A). Private, non- commercial development, if General Water Quality Certification No. 3490 (See attached can be a lied: $250 100% ($250) 0% ($0) III(B). Public or commercial development, if General $400 100% ($400) 0% ($0) Water Quality Certification No. 3490 (See attached) can be a lied: _ .. III(C). If General Water Quality Certification No. $400 60% ($240) 40% ($160) 3900 (see attached) could be applied, but DCM staff RECEIVED determined that additional [CM- review and written DWQ NOV 21 2016 concurrence is needed because of concerns related to water quality or M H D CITY Quality Certification No. $400 60% ($240) 40% ($160) 3900 (see attached) cannot _ be �.�_T vr; inlve IV. development that involves the filling and/or $475 60% ($285) 40% ($190) I excavation of more 4han `f one acre of wetlands and/or DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Dare County 2. LOCATION OF PROJECT SITE: The proposed project area is located on the west side of the Hatteras Inlet complex adjacent the northeastern tip of Ocracoke Island in the Pamlico Sound, Hyde County, North Carolina. Latitude and Longitude: 35*11'50.32"N and 75°46"47.44"W 3. INVESTIGATION TYPE: CAMA/Dredge and Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 9 November 2016 Was Applicant Present - No PROCESSING PROCEDURE: Application Received — 8 November 2016 Office - Washington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Hyde County Land Classification - Conservation (Water) (B) AEC(s) Involved: EW, PTA (D) Water Dependent: Yes (D) Intended Use: Public (E) Wastewater Treatment: Existing — N/A Planned - N/A (F) Type of Structures: Existing — Natural and Dredged Channel(s). Planned — Maintenance of previously permitted and dredged channel (G) Estimated Annual Rate of Erosion: N/A. 7. HABITAT DESCRIPTION: [AREA] DREDGED EILLEI2 47Ji R (A) Vegetated Wetlands (B) Non -Vegetated Wetlands 849,150 ftz Variable based on dredging method amlico Sound Bottom (C) Other (Uplands) (D) Total Area Disturbed: 849,150 ft2 (19.5 acres) (E) Primary Nursery Area: No N O V 21 2016 (F) Water Classification: SA ORW Open: Yes DCM- MHD CITY 8. PROJECT SUMMARY: The applicant proposes to maintain an existing permitted Connector Channel (NC Department of Transportation) to the Hatteras Inlet gorge from Barney Slough using US Army Corps of Engineers sidecast and hopper dredge plants. Applicant Dare County Hatteras Inlet Connector Channel Maintenance West Side of Hatteras Inlet Hyde County Project Setting The proposed project area is located on the west side of the Hatteras Inlet complex adjacent the northeastern tip of Ocracoke Island in Hyde County, North Carolina. The project area extends west from the Hatteras Inlet gorge to the tip of Ocracoke Island and north into Pamlico Sound to form a f20-acre box that centers mainly on the existing "Connector Channel" from Barney Slough to the inlet gorge. There is a smaller natural channel to the north and one to the south of the connector channel encompassed within the 20-acre box. With the exception of the most northern portion of the project box, the area is characterized by these meandering natural sloughs through the inlet shoal system that shift and develop shoaling with the seasonal shifts in weather patterns and associated shifts in wind strength and direction. The north side of the project box in the vicinity of the natural slough the shoals are more stable as evident by the presence of submerged aquatic vegetation (SAV). Anecdotal observation of shellfishing activites adjacent these SAV beds suggest a strong presence of hard clams. The project area box also includes a portion of Barney Slough. Pamlico Sound, on the west side of Hatteras inlet is designated as SA ORW by the Environmental Management Commission and Coastal Waters by the Marine Fisheries Commission. The Connector Channel was subject of Major CAMA/Dredge and Fill permit no. 224-87. The aforementioned permit authorized the Connector Channel 150' wide x 5,000' long with a max final depth of -12' to be accomplished by a hydraulic pipeline dredge. The natural channel to the south of the Connector Channel has also been maintained by hydraulic dredge as part of the aforementioned permit. Dredge spoil from maintenance of this channel has been authorized for placement in three different locations: nourishment of the beach adjacent the loading loop at the Ocracoke ferry terminal, placement on the ocean beach on the northeastern tip of Ocracoke Island and the most used method is placement of spoil in the diked disposal area adjacent the ferry terminal. A March 2016 and a post Hurricane Mathew 18 October 2016 bathymetric survey conducted by the USACOE indicates that shoaling continues on the eastern end of the Connector Channel adjacent the inlet gorge as well as the western end adjacent Barney Slough with depths ranging from 4' to 6' below MLW in these areas. Since 2013 a NCDOT pipeline dredge has been unable to maintain the Connector Channel to the inlet gorge due to ocean swell conditions. Also, NC DOT staff is concerned about the location and potential striking of the submerged power cable maintained by Tideland Electrical Membership Corporation. At the same time, the US Army Corps of Engineers have been unsuccessful in maintaining Rollinson channel. These channels comprised the "short route" for NC DOT ferries traveling from Hatteras to Ocracoke through the Rollinson Channel and Connector Channel as well as fishing vessels from Hatteras to reach the inlet gorge. Since that time ferries and fishing vessels have had to use Sloop, Horseshoe Channel and Barney Slough to reach the Ocracoke Ferry basin and inlet gorge. This forces the vessels to make al Sound around the inlet shoal system adding several miles to and from the inlet NOV 21 2016 Applicant Dare County Hatteras Inlet Connector Channel Maintenance West Side of Hatteras Inlet Hyde County Page 2 Project Description Dare County is working to form a Memorandum of Understanding (MOU) with the Wilmington District US ACOE Navigation Branch for the maintenance of the Connector Channel to the inlet gorge to provide consistent, reliable access to the inlet gorge for the commercial and recreational fishing fleet departing from Hatteras Village. This partnership would afford the use of the Corps sidecast dredge Merritt and hopper dredges Murden and Currituck to conduct the maintenance dredging activities. Dare County is requesting authorization to use these dredge methods on an "as needed" basis without time specific biological dredge moratoria. A Finding of No Significant Impact (FONSI) was given to the use of these dredges in the Rollinson Channel in 2004 and 2014. The Connector Channel is proposed to be, as previously permitted, 150' wide x 5, 661' long with a max depth of minus 12' below mean low water (MLW). Prior to each maintenance event, a pre -construction bathymetric survey will be conducted to determine the precise channel alignment within the proposed project box to the inlet gorge. The maintenance dredge alignment will follow where channel conditions are best for navigation within the f20-acre project box. If hopper dredges are used, spoil disposal will be located at a previously authorized nearshore disposal site approximately 1,500' offshore the northeastern tip of Ocracoke Island in in a water depth of 10' below MLW. All dredging activities would buffer SAV beds by 100' and any existing land forms by 300'. There will be no dredging activities in the vicinity of the Tideland EMC power cable where it is less than minus 15' below MLW. Project Impacts The project as proposed will result in some localized short term turbidity. Dredging activities will excavate potentially 849,159 ftz of Pamlico Sound bottom. Steve Trowell - Washington Regional Office -14 November 2016 RECEIVED NOV 21 2m DCM- MHD CITY ***This is a word processing form to be completed in Microsoft Word""" NC Division of Coastal Management Major Permit Application Computer Sheet (02/15/2010) Applicant: T` Date:11/142016 Project Site County / !G Staff: District: ❑Elizabeth City ashington []Morehead City ilmington Project Name: � xW Rover File: �— SITE DESCRIPTION/PERMIT INFORMATION PNA: Yes BNo Photos Taken: Yes ❑ N9M Setback Required (riparian): ❑Yes No Critical Habitat: ❑Yes ❑No MotSure 15 foot waiver obtained: Yes RNo Hazard otification Returned: ❑Yes kNo SAV: ❑Yes o ❑Not Sure Shell Bottom: ❑Yes IkNo ❑ Not Sure Temporary Impacts: Yes o Sandbags: Yes o ❑ Not Sure Did the land uV9 classification come from county LUP:Yes ❑No Mitigatio%Required (optional): ❑Yes nNo Moratorium Conditions: []Yes []No []NA Environmental Assessment Done: ❑Yes ,Zo ❑NA SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) Future Water Supply (FWS) Nutrient Sensitive Waters (NSW) ❑ Swamp Waters (SW) El High Quality Waters (HOW) WOutstanding Resource Waters (ORW) WETLANDSIMPACTED ❑ (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) (SS) Glasswort ( Salicornia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) El (SA) Salt marsh cordgrass (Spartina Ll (SY) Salt reed grass (Spartina aftemiflora) cynosuroides) ❑ (DS) Salt or spike grass (Distichlis El (SC) Bullrush or three square (Scirpus ❑ (TY) Cattail (Typha sp.) spicata) sp.) ❑ (JR) Black needlerush (Juncus Ll (SP) Saltlmeadow grass (Spartina roemerianus) patens) APPLICATION FEE ❑ No fee required - $0.00 ❑ III(A) Private w/ D&F up to 1 acre; 3490 1II(D) Priv. public or Comm w/ D&F to 1 can be applied - $250 acre; 3490 can't be applied - $400 ❑ Minor Modification to a CAMA Major Major Modification to a CAMA Major IV Any development involving D&F of permit - $100 permit -$250 more than 1 acre - $475 ❑ Permit Transfer - $100 ❑ III(B) Public or commercial w/ D&F to 1 ❑ Express Permit - $2000 acre; 3490 can be applied - $400 RECEIVED ❑ Major development extension request - ❑ 11. Public or commercial/no dredge $100 and/or fill - $400 ❑ 1. Private no dredge and/or fill - $250 ❑ Ill(C) Priv. public or Comm w /D&F to 1 NOV 2 1 2016 acre; 3490 can be applied; DCM needs DWQ agreement - $400 DC 252-808-2808 n 1-888.4RCOAST :: www.nccoastalmanaaement.net revised: 02115/10 NC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 3) Applicant: All- � / J Date:11/142016 / Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet. TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One / New Work 0 Ma ntAK Replace ❑ YkN n New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Woik= Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y [IN 72 New Work Replace 2016 Maint ❑ ❑ Y ❑ N DCM- MHD CITY revised 02M5/10 NC Division of CoastalMgt. Application Computer Sheet, Page 3 of 3) Applicant: & CG Date: 11 /14/2016 Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet Habitat Name DISTURB TYPE Choose One TOTAL Sq. Ft (Applied for. Disturbance total includes any anticipated restoration or temp impacts) FINAL Sq. Ft (Anticipated final disturbance. Excludes any restoration and/or temp impact amount) TOTAL Feet (Applied for. Disturbance total includes any anticipated restoration or temp impacts) FINAL Feet (Anticipated final disturbance. Excludes any restoration and/or temp impact amount r_ DredgeR Fill ❑ Both ❑ Other ❑% Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge Cl Fill ❑ Both ❑ Other ❑ DECEIVED NOV 2 1 2016 DCM- MHD CITY 252-808-2808 :: 1.888.4RCOAST :: www.nccoastalmana_gement.net revised: 02/15/10 COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. 4038 MASONBORO LOOP ROAD, WILMINGTON, NC 28409 October 31, 2016 Steve Trowell Division of Coastal Management North Carolina Department of Environmental Quality 943 Washington Square Mall Washington, NC 27889 910-791-9494 PHONE 910-791-4129 FAx Subject: Dare County Hatteras Inlet Channel Maintenance Project Dear Mr. Trowell, IN!0V P Please find enclosed a complete application for a Major Development Permit for the subject project. Also enclosed is the $475 fee check. Adjacent riparian landowner notifications have been sent by certified mail and the return receipts will be forwarded to you once they are received. Please contact me anytime should you have any questions or need anything in addition. Sincerely, COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. i I i Greg Finch Agent, CPE-NC Enclosures: Application for Major Development Permit and Fee Check cc: Robert Outten, Dare County RECEIVED NOV 21 2016 DCM- MHD CITY DARE COUNTY HATTERAS INLET CHANNEL MAINTENANCE PROJECT DARE COUNTY, NORTH CAROLINA NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT MAJOR PERMIT APPLICATION Prepared for: Dare County, North Carolina Prepared by: COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. 4038 Masonboro Loop Road Wilmington, North Carolina 28409 Submitted to: North Carolina Department of Environmental Quality Division of Coastal Management Washington Regional Office OM NOV 0 8 2016 1UR RECEIVED October2016 NOV 21 2016 DCM- MHD CITY Dare County Hatteras Inlet Channel Maintenance Project NCDCM Major Permit Application 1 FORMS 2.1.1 6a. Project Narrative................................................................................................................. 7 2.1.2 6b and 6c. Work Plats and Location Maps.......................................................................... 19 2.1.3 6d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties................................................................................ 19 2.1.4 6e. The appropriate application fee. Check or money order made payable to DENR. 19 2.1.5 6f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail................................................................................................ 19 2.1.6 6g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee and issuing dates................................................................................... 19 2.1.7 6h. Signed Agent Authorization Form.................................................................................. 19 2.1.8 6i. Wetland delineation, if necessary .................................................................................... 19 2.1.9 6j. Signed AEC Hazard Notice.............................................................................................. 19 2.1.10 6k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 19 Appendix A: Work Plats and Location Maps Appendix B: Signed Agent Authorization Form, Adjacent Riparian Landowner Notifications and Interagency Scoping Meeting Minutes Appendix C: Biological Assessment Appendix D: Essential Fish Habitat Assessment RECEIVEIR�C NOV 21 2016f\10VV 0 8 20i6 DCM- MHD �k COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. 1 APPLICATION for Major Development Permit (last revised 12&7106) North Carolina DIVISION Of COASTAL MANAGEMENT ter? i 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Dare County Dare County Hatteras Inlet Channel Maintenance Project Applicant 1: First Name MI Last Name Robert L Outten Applicant 2: First Name MI Last Name NA NA NA /f additional applicants, please attach an additional pages) with names fisted. Mailing Address PO Box state 954 Marshall C Collins Drive ];��;FAX INC ZIP Country Phone No. No.27954 USA 2524755800 ext.4731817 Street Address (if different from above) City State ZIP Email ouaen@darenc.com 2. Agent/Contractorinformadon Business Name Coastal Planning & Engineering of North Carolina, Inc. (CPE-NC) Agent/ Contractor 1: First Name MI Last Name Kenneth Willson Agent/ Contractor 2: First Name MI Last Name Brad Rosov Mailing Address PO Box city te 4038 Masonboro Loop Road Wilmington rN ZIP Phone No. 1 Phone No. 2 28409 910 - 791- 9494 ext. - - ext. FAX No. Contractor f VED NA Federal ID # 020623951R Email kenneth.vdilson@cbi.00m; brad.rosov@cbj.com NOVNOV 0 8 2016 3. Project Location pCM- M ��i% If COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. County (can be multiple) Street Address State Rd. # Dare/Hyde Unincorporated Dare and Hyde County within Hatteras Inlet NA Subdivision Name City State ZIP NA NA NC NA Phone No. Lot No.($) (rf many, attach additional page with Est) NA NA a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Tar -Pamlico Atlantic Ocean c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade ❑Unknown Atlantic Ocean e. Is proposed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed ❑Yes ®No work falls within. NA 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (stilt) None 849,150 (Approximate Channel Area based on 2016 Data) c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NA NWL (normal water level) (If many lot sizes, please attach additional page with a list) -2 to -12 MSL ❑NHW or ❑NWL e. Vegetation on tract None f. Man-made features and uses now on trail Existing navigation channel. g. Identify and describe the existing land uses adiacent to the proposed project site. Undeveloped NPS land, ferry terminal. h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? NA (Attach zoning compliance certificate, if applicable) ❑Yes ONO ®NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes ®No k. Has a professional archaeological assessment been done for the tred? If yes, attach a copy. []Yes ONO ❑NA If yes, by whom? 1. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ®No ❑NA National Register listed or eligible properly? m. (i) Are there wetlands on the site? ❑Yes ®No (it) Are there coastal wetlands on the site? ❑Yes ONO (iii) If yes to either (I) or (ii) above, has a delineation been conducted? ❑Yes ONO (Attach documentation, if available) RECEIVED n. Describe existing wastewater treatment facilities. NA o. Describe existing drinking water supply source. NA NOVO DIM MHE) p. Describe existing storm water management or treatment systems. CITY NA e w d d COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. 5. Activities and Impacts a. Will the project be for commercial, public or private use? ®Commercial ®PubliclGovemment ❑Private/Community b. Give a brief description of purpose, use and daily operations of the project when complete. The purpose of the project is to maintain safe navigation. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Dredged material will be disposed along the channel via sidecast dredge or via special purpose or similar split hull dredge at the nearshore disposal location. Storage of the equipment will not typically be a concern as the work will likely occur 24 hours a day and no land based activities are proposed. d. List all development activities you propose. Maintenance dredging of an existing navigation channel with either sidecast or special purpose dredge. e. Are the proposed activities maintenance of an existing project, new work, or both? Maintenance f. What is the approximate total disturbed land area resulting from the proposed project? 0.0 ❑Sq.Ft or ®Acres g. Will the proposed project encroach on any public easement, public access way or other area ®Yes ❑No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. Sidecast or nearshore placement of maintenance material from the connector channel maintenance dredging events. I. Will wastewater or stormwaler be discharged into a wetland? []Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ®NA j. is there any mitigation proposed? []Yes ®No ❑NA If yes, attach a mitigation proposal. 5. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? if previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with stale application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. RECEIVED �. NOV 21 2016 NOV 0 8 2016 DCM- MHD CITY Vi' A Rl01 COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. 3 f. A list of the names and complete addresses of the adjacent waterfront (riparian) landovners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must he advised (hat they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Cape Hatteras National Seashore clo Dave Hallac. Superintendent Phone No. 252475 9000 Address 1401 National Park Drive, Maniac. NC 27954 Name Tideland EMC Go Ben Beagle Manager of Operations Phone No. 800637 1079 Address PO Box 159, Pantego. NC 27860 Name Phone No. Address g. A list of previous stale or federal permits issued for work on the project tract. Include permit numbers. permittee, and issuing dates. USACE authorizations through state and federal regulatory agencies. NCOOT authorizations. See project narrative. h. Signed consultant or agent authorization form, if applicable. I. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects In oceanfront and Inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1.10). if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 1 7. Certification and Permission to Enter on Land I i unaersiano that any permit issued in response to this application will allow only the development described in the application project will be subject to the conditions and restrictions contained in the permit 1 cenif% that i am authorized to grant. and do in tact grant permission to representatives of state and federal review agencies to enter on the aforementioned hands in connection with evaluating information related to this permit upplication and I'ollomm-up monitoring orthe project. 1 further certify that the information provided in this application is truthful to the Ixst ormy knoxledge. Date �613t_� t(, Print Name �te4 tf•ti>�t�r" �' /'fir'"r1L`, Signature Spica —NC Please indicate application aaacluments pertaining to your proposed project. ®DCM MP-2 Excavationand Fill Information ❑DCM MP-5 Bridges and Culvens ❑DCM MP-3 Upland Development ❑DCM MP-4 Structures Information RECEIVED NOV 21 2016 DCM- MHD CITY DC NOV 082016 WARD COASTAL PLANNING & ENGINEERING OF NORTH CAROLNA. NC. EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given In feet. Access Channel Canal Boat Boat Rock Rock Other (excluding (NLW or NWL) Basin Ramp Groin Breakwater shoreline stabilization) Length 5,661 (Based on March 2016 survey) Width 150, Avg. Existing Depth NA NA -6 to -10, MLW Final Project Depth NA NA 12' MLW a. Amount of material to be excavated from below NHW o cubic yards. 85,125 cubic yards based on March 2016 survey. C. (1) Does the area to be excavated include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑OW ❑SAV ❑SB _ ❑WL ®None (ii) Describe the purpose of the excavation in these areas: N/A DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area. Sidecast or nearshore placement (Appendix A) c. (i) Do you claim title to disposal area? []Yes []No ®NA (R) If no, attach a letter granting permission from the owner e. (I) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW _ ❑SAV ❑SB _ ❑WL _ %None (tt) Describe the purpose of disposal in these areas: NIA ❑This section not applicable of material to be excavated. Beach quality sand d. High -ground excavation in cubic yards. None REC ED NOV 21 2016 El This section not applicable Dimensions of disposal area. Sidecast along channel and/or nearshore disposal d. (i) Will a disposal area be available for future maintenance? ®Yes []NO ❑NA Ill) If yes, where? Same location f. (1) Does the disposal include any area in the water? ®Yes ❑No ❑NA Ili) If yes, how much water area is affected? Varies with sidecast disposal and nearshore dis�LL' II i. COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. ITY NOV 3i 8 2CIT, SHORELINE STABILIZATION ®This section not applicable (If development is a wood groin. use MP-4 — Structures) i. Type of shoreline stabilization: b. Length: L_IemKnead URiprap UBreakwatedSill []Other: Width: C. Average distance waterward of NHW or NWL d. Maximum distance waterward of NHW or NWL: e. Type of stabilization material g. Number of square feet of fill to be placed below water level, Bulkhead backfill_ Riprap BreakwaterlSill _ Other_ I. Source of fill material. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. (I) Will fill material be brought to the site? ❑Yes ❑P If yes, (it) Amount of material to be placed in the water _ (III) Dimensions of fill area _ (Iv) Purpose of fill a. How will excavated or fill matedal be kept on site and controlled? Large grain sand will settle quickly. C. (i) N9k navigational aids be required as a result of the project? ❑Yes ®No ❑NA (11) If yes. explain what type and how they will be implemented. f. (i) Has there been shoreline erosion during preceding 12 months? ❑Yes ❑No ❑NA (!it If yes. stale amount of erosion and source of erosion amount information. h. Type of fill material. 0This section not applicable (i) Will fill material be placed in coastal wedands/marsh (CVv), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked. Provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ❑None (it) Describe the purpose of the fill in these areas: b. What type of construction equipment will dragline. backhoe. or hydraulic dredge)? Sidecast or special use dredge. It. (1) Will wetlands be crossed in transporting equipment to project site? []Yes ®No []NA (h) If yes, explain steps that will be taken to avoid or minimize environmental impacts. bl art tc, RECEIVED Date Dare County Hatteras Inlet Channel Maintenance Project NOV 2 12016 rroject Name Dare County. Go Robert Outten DCM- MHD CITY Applicant Name DCM Applicant NOV ® 8 2W COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA. INC. A 6 Hatteras Inlet straddles the boundary between Hyde County and Dare County, within the Outer Banks of North Carolina. The inlet, separating Hatteras Island to the east and Ocracoke Island to the west, serves as a conduit between the Atlantic Ocean and Pamlico Sound. The Inlet is used by commercial and recreational vessels as well as the US Coast Guard. The main channel providing access to the inlet from Ocracoke Island is referred to as the Connector Channel. The channel running from the southwestern tip of Hatteras Island extending to the inlet gorge is known as the Hatteras -to -Hatteras Inlet Channel (Appendix A). The entire area directly to the north of the inlet is characterized by sandy shoals. The inlet has widened from one half mile wide in 1993 to approximately two miles wide due to erosion of the south end of Hatteras Island. Accordingly, no bridges run across the inlet. Rather, a fleet of eight ferries owned by the North Carolina Department of Transportation (NC DOT) connects NC Highway 12 between the two islands and provides passage to passengers and vehicles. An interagency scoping meeting for the proposed Hatteras Inlet Channel Maintenance Project was held at the Department of Environmental Quality (DEQ) in Washington, NC at 2pm on August 16, 2016. Attendees included representatives from federal and state resource agencies including the US Army Corps of Engineers (USACE), US Fish and Wildlife Service (USFWS), National Marine Fisheries (NMFS), North Carolina Division of Marine Fisheries (DMF), North Carolina Division of Water Resources (DWR), North Carolina Division of Coastal Management (DCM), and the North Carolina Wildlife Resources Commission (WRC). Representatives from Dare County, Tideland EMC, and Coastal Planning & Engineering of North Carolina, Inc. were also in attendance. The meeting's primary objective was to bring agency representatives together to present the scope of the project and to develop an agreed upon permitting approach, including the necessary environmental documentation. It was agreed that because the project would not include any new actions within the project area combined with the fact that previously drafted environmental documentation exists, an Environmental Assessment (EA) would be warranted for this proposed project. Along with the EA, a Biological Assessment and Essential Fish Habitat (EFH) assessment would be drafted to help satisfy consultation requirements with the USFWS and NMFS. It was determined during the meeting that if no significant impacts are identified, informal consultation with these two federal agencies would suffice. The main discussion points during the meeting focused on the extent of the proposed channel maintenance corridor. Due to the presence of submerged aquatic vegetation (SAV) resources and a submerged powerline, it was recommended that the size of the channel corridor be re-examined to ensure that these resources are protected from dredging activity. Furthermore, the proposed channel corridor was proposed to extend close to the National Park Service -owned (NPS) Ocracoke Island shoreline. As a stakeholder, the applicant was recommended to coordinate with the NPS to allow for their input early in the j�e'rmitting process. The meeting minutes from the interagency meeting are presented in Appendi . E C E I V E D jCli u NOV 21 2016 NOV 0 0 20ifli COASTAL PLANNING & ENGINEERING OBI CM"&4C Y Pik Historically, maintenance dredging has been performed within the Hatteras Inlet complex by both the NC Department of Transportation (NC DOT) Ferry Division and the USACE in order to facilitate navigation within several channels providing access to the inlet. Collectively, these activities have utilized a variety of dredge plants including the use of a sidecast dredge, special purpose dredges, and cutterhead dredges. The disposal of dredge material has been placed within an upland spoil site as well as nearshore disposal areas. Below, a brief summary of these previously permitted or authorized navigation activities from within the project area are provided. The USACE has utilized a sidecast dredge, special purpose dredge and cutterhead dredge to maintain an approximate 18,200-foot long portion of the Rollinson Channel maintenance project. This federally authorized project includes three separate components: • Rollinson Channel: 5 miles long from Pamlico Sound to Hatteras Basin authorized to -12 ft. MLLW, 100 feet wide (authorized August 30, 1935); • Basin at Hatteras: 2,500 feet long authorized to -12 ft. MLLW, 250 feet wide (authorized March 2, 1945); • Channel from Rollinson Channel at the basin entrance of Hatteras to Hatteras Inlet Gorge (henceforth called the Hatteras -to -Hatteras Inlet Channel): 4 miles long authorized to -loft. MLLW, 100 feet wide (authorized October 23, 1962). The disposal of dredged material removed from the Hatteras -to -Hatteras Inlet Channel has been placed on upland diked disposal sites and along the oceanfront beaches of Hatteras and Ocracoke Islands. Nearshore disposal sites have been utilized as well with the material being placed off the southeast end of Ocracoke Island and off the southwest end of Hatteras Island, whichever is safer depending upon the weather co 8C E D time. The maintenance dredging via sidecast and special purpose dredge is permissible year-round. NOV 21 2016 Since the 1977, the NC DOT Ferry Division has utilized a state-owned cutterhead dreQCtAtn!ll tAD CITY navigability within the ferry terminal basin at Ocracoke Island and the primary channel between Ocracoke Island and Hatteras Inlet gorge. The channel, which is permitted to a depth of -12 ft. with a width of 150 ft., has become commonly known as the "Connector Channel". Permits for this activity had been issued by the State of North Carolina and the USACE originally in 1977 via CAMA permit #162-77 and Department of Army Permit #SAWCO-N-028-000318 and allowed for 10-years of maintenance activity. In 1987, a new permit was issued (#224-87) and included dredging within a 32.9-acre footprint, which included a 400000- foot basin in at the Ocracoke ferry terminal and a 5,200-foot long access channel extending from the ferry facility to the inlet gorge. In addition, the permit allowed for the maintenance of a 1,800-foot long access channel extending from the Hatteras Island ferry facility towards the inlet along with a 550x200-foot basin at the Hatteras Island Ferry Channel. The permit also allowed for the establishment of a 9.5-acre upland dredge spoil disposal site on Ocracoke Island, which is owned and managed by the National Park Service (NPS). The permit allowed for a maximum of 110,000 cubic yards of material to be dredged with a maximum of 40,000 cubic yards to be disposed of as beach nourishment on NPS land. No dredge or filling moratoria were included in the permit; however, a maintenance clause included a note that stated, "Whenever possible, the permittee is urged to carry out maintenance excavation and spoiling during November -February in order to afford girater protection to all fish and wildlife resources in the project area". This permit has been modified nume,oji t i I in the past and included modifications allowing for the use of a sidecast dredge. One modification, made in NOV 082016 COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. 1993 allowed for the dredging within a new 3,500-foot long connector channel to the north of the originally permitted channel. The new channel "would allow the ferries safer passage during adverse weather" requiring the removal of up to 130,000 cubic yards. Later, in 1995, the permit was renewed; however, the approval of the alternate channel that was permitted in the 1993 permit modification was rescinded. Since 2013, the NC DOT Ferry Division's cutterhead dredge has been unable to maintain the Connector Channel effectively due to challenging environmental conditions. NC DOT ferries now transit between Ocracoke and Hatteras Island via a longer route through Sloop Channel, Horseshoe Channel, and Barney Slough. Due to the needs of other boating interests to gain access to the inlet gorge, aside from the NC DOT's ferry fleet, Dare County funded the NC DOT Ferry Division to perform additional dredging within the Connector Channel on several occasions in 2016. These efforts were largely unsuccessful. The following documents listed below were prepared by the USACE to assess the impacts for the authorized or permitted actions that have occurred within the Hatteras Inlet complex. These documents are incorporated by reference within this EA. The following sections give a brief summary of the action and findings from within each document. This BA evaluated the use of the sidecast dredges Fry, Merritt and Schweizer, and the split hull hopper dredge Currituck that are used throughout the United States' east coast to maintain adequate depths in navigation channels through shallow draft coastal inlets. These dredges were once covered under the Regional Biological Opinion (RBO) for hopper dredging issued by the Southeastern Regional Office of the National Marine Fisheries Service. However, they were not included within the updated 1997 RBO due to concerns about their potential impacts to listed species due to the fact that they operated without deflectors, have no screening, observers, and operate year-round. The BA analyzed potential impacts associated with the proposed action on listed species under the NMFS purview that may be in the project area. The BA concluded that the continued use of the USACE sidecast dredge vessels to maintain shallow draft coastal inlets along the eastern seaboard on a year-round basis was not likely to adversely affect any listed species. f 9 i\ is"it n L "i.g Kcal l�Ir earn 'kii� . "i se S re r rsiiP �" c's Frt, 24ce -riri, Schweizer, and the Snlyd-Hull Based on the consideration of the best available information, the NMFS concluded that the year-round operation of the hopper dredge Currituck and the sidecast dredges Fry, Merritt and Schweizer to maintain coastal inlets on the eastern seaboard of the United States may affect, but is not likely to adversely affect the continued existence of listed species under NMFS purview. The consultation is valid for the Wilmington District USACE for channel maintenance dredging of up to 10 vessels of similar type and size. 7 �:• / t".St ,k( (�?. �l _." .. 7" � � ? <t rat i'a a �,L.: LiC..:.. ^`k altCraS-lO-HaddeYQS Inlet i r The proposed action involved the addition of a beachfront disposal site on Ocracoke Island for the purpose of disposal of material dredged from Hatteras -to -Hatteras Inlet �C+hann\ell Section of the U PT, ✓j�rta6>YL 1Zt5L�1 ��jl COASTAL PLANNING & ENGINEERIN A A, INC. 9 NOV 21 2016 NOV CA 3 20% M- MHD CITY VVA,IR.(D Channel Maintenance project. The beachfront disposal location would allow for the placement of dredged material in proximity to the channel section being dredged. The proposed action involved the use of a hydraulic pipeline dredge to accomplish the channel maintenance dredging to a -14 depth (10-foot project depth plus 2 feet over depth and 2 feet advanced maintenance dredging) during the period from November 16 to April 30. J ..1ar i.lannei. Pa crag to Agency and public coordination of the EA resulted in the following project commitments, facts and conclusions leading to the Finding of No Significant Impact: • Although seagrass beds exist in the Rollinson Channel vicinity, no seagrass beds would be impacted by the proposed activity. The depths of the channel being dredged and the dynamic nature of the inlet complex are not conducive to successful seagrass growth. • The proposed action was reviewed for compliance with the Endangered Species Act of 1973, as amended and informal coordination with the USFWS and NMFS was completed. The USFWS did not identify any endangered or threated species or critical habitats that would be affected by the proposed action. • Disposal within the wave uprush zone of Ocracoke Island will occur between November 15 and April 30. • The pipeline route will avoid impacts to wetlands and terrestrial resources to the greatest extent practicable. Any damage that may occur as a result of the project will be restored by the contractor under the supervision of the National Park Service/Cape Hatteras National Seashore, and the USACE. • The pipeline will be monitored at all times and placed as low as possible within the wave uprush zone to assure all material flows seaward. No material will be disposed on the upper beach, that area above the mean high water line. -r�- Praieds in North This EA addressed the proposed use of government owned dredge plant that included the "Merritt" or "Fry" or similar sidecast dredge and the "Currituck" or similar special purpose dredge to dredge small and/or isolated, regularly occurring shoals in federally authorized navigation projects within the USACE, Wilmington District in North Carolina. Because the intent of the project was to expeditiously remove shoals that have rapidly developed, the proposed dredging could occur at any time of the year. The proposed project was considered for the purpose of proactively planning for the expeditious, routine dredging of small and/or isolated shoals for the rapid and efficient improvement of navigational safety, in addition to noticeable reduction in the time and cost expenditures that result from emergency declaration. The ability of the Corps to remove these shoals before emergency conditions arise would reduce potential groundings and other navigational hazards and mishaps that commonly occur as a result of these type shoals. Eleven locations were evaluated, including an approximate 18,200-foot long portion of the channel from Hatteras -to -Hatteras Inlet (10-feet deep by 100-feet wide) in Dare County, (Hatteras Inlet itself is not a federally maintained waterway). The nearshore disposal site for material dredged by a special purpose dredge is located on either side of Hatteras Inlet, off the northeast end of Ocracoke Island or off the southwest end of Hatteras Island, whichever is safer depending upon the weather conditions at the time. RECEIVED h1ov 0 S ZU6 COASTAL PLANNING & ENGINEERINGA6. RJCAROLINA, R C.10 6 ARG" DCM-- MHD CITY Agency and public coordination of the EA resulted in the following project commitments, facts and conclusions leading to the Finding of No Significant Impact: • Due to sensitive aquatic habitats identified by NCDMF, the USACE will only utilize a special purpose dredge in the Hatteras -to -Hatteras Inlet channel (among others). • No biological moratoria are proposed. Regularly scheduled dredging project will be designed in accordance with existing biological moratoria agreements. • The proposed activities are entirely comparable to, and fall within, the scope of past activities and effects that have been previously extensively analyzed by NMFS. The March 9, 1999 ESA consultation included with the EA concluded that dredging of small North Carolina inlet channels and navigation channel with the USACE dredge plant would be unlikely to adversely affect ESA -listed species under NMFS purview. NMFS has no new information that would change the basis of the March 9, 1999 conclusion regarding dredge plant use as described by the proposed project's EA. In addition, no new species that are likely to occur in the action area have been listed or critical habitat designated that would alter NMFS's previous conclusions. • The impact summary for the proposed actions stated that the proposed actions would not cause any significant adverse impacts to EFH, HPAC or EFH species. Impacts that do occur would be expected to be minor, temporary and only short lived on an individual and cumulative effects basis. With the understanding that only a special purpose dredge will be used in the locations identified by NCDMF as being adjacent to SAV habitat, adverse impacts to EFH are not anticipated. • Based on information provided in the EA, USFWS concurred that the project as described in the EA was not likely to adversely affect any federally -listed endangered or threatened species, their formally designated critical habitat, or species currently proposed for federal listing under the ESA. • The Cape Hatteras National Seashore and National Parks Service recommended that any dredging remain 150 feet from the Park's shoreline. This EA addressed the USACE's proposed use of a sidecast dredge in the project area after determining that other methods of dredging would not be feasible. The intent of the project was to remove isolated shoals before emergency criteria exist, thereby, lessening potential navigational hazards. The use of the sidecast dredge allows for prompt and economical responses to quickly developing shoaling situations. Because there is no way to predict when a shoaling event will require maintenance dredging, the USACE proposed conducting the maintenance on an as -needed basis. Continued shoaling within the Hatteras -to -Hatteras Inlet Channel had reached emergency conditions several times in the past couple of years leading up to the proposed action due to significant hydrodynamic activity, which moves considerable amounts of sediments that contribute to high shoaling rates. Regular maintenance dredging had not been able to maintain safe passage for the ferries or other vessels between dredging events. The USACE stated that contracting a hydraulic pipeline dredge or other similar dredge vessel would take too long to respond quickly to a rapidly changing shoal situation, especially concerning shoalin ency routes. This was both costly and potentially hazardous to those individuals that relied on the fen ► Ily, maintenance dredging of navigation channels had become increasingly expensive while the federal budget for NOV 0 8 N16 COASTAL PLANNING & ENGINEERING OF NoREGEW ED II NOV 21 2016 ,AfA R0` the operation and maintenance of navigation projects was being reduced. As a result, additional measures were necessary to keep channels open to their authorized dimensions while addressing the limits of reduced budgets and providing safe navigable waters through the federally authorized channel. Sidecast dredging was excluded from prior authorizations due to agency concerns for the potential effects to SAV resources near the project area. The USACE's Engineering Research and Development Center (ERDC) ran a model predicting the impacts of sandy material dredged from Hatteras Inlet on SAV that were located 350 feet or more from the centerline of the discharge. In a 2,000-foot reach of the model summary, total suspended solids (TSS) concentrations above 10 mg/L, 1 mg/L and 0.1 mg/L were predicted to occur only within 55 feet, 80 feet and 100 feet, respectively, of the centerline of the discharge. In a different 6,500-foot reach of the model summary, TSS concentrations above 10 mg/L, I mg/L and 0.1 mg/L were predicted to occur only within 80 feet, 130 feet and 160 feet, respectively, of the centerline of the discharge. Therefore, the plume was not predicted to spread over the SAV beds, which were at least 350 feet from the centerline of the discharge. Agency and public coordination of the EA resulted in the following project commitments, facts and conclusions leading to the Finding of No Significant Impact: • Based on the results of the impact analyses, it was determined that no significant impacts would occur as a result of implementing the proposed action. The proposed action would not have any unavoidable adverse effects, nor would it result in the irreversible or irretrievable commitment of resources. Proceeding with the proposed action would not significantly or adversely impact the affected environment. Additionally, no significant cumulative effects were expected. • No deepening or widening of the authorized navigation channel would occur. • The majority of the project area's navigation channel follows naturally deep water. This reduces the amount of dredging necessary and involves the removal of recently shoaled material. No deepening of the channel beyond the authorized project dimensions will occur as a result of side cast dredging. Because shoals in the project area are sand and the project area is a dynamic inlet complex, minimal to negligible impacts to environmental resources will result from side cast disposal. Impacts that do occur would be expected to be minimal and short-lived. Safe navigation would be restored more quickly in the navigation channel in the event side cast dredging is the only method of dredging available and can be conducted before emergency conditions exist. In recent years, successfully navigating to the Atlantic Ocean via Hatteras Inlet has become challenging due to increased shoaling within the inlet complex. Beginning in 2002, the western end of Hatteras Island began to erode (Figure 1). This erosion was exasperated in 2011 shortly after Hurricane Irene passed the area and again in 2013 following Hurricane Sandy leading to the development of a much wider inlet throat. This erosion lead to the exposure of a portion of Hatteras -to -Hatteras Inlet Channel to the high-energy environment of the open ocean, which has caused extensive shoaling within the inlet complex. Along with these logistical challenges, maintenance dredging of navigation channels has become increasingly expensive while the Federal budget for the operation and maintenance of navigation projects is being reduced. In consideration of these factors, the USACE has been unable to maintain the channel leaving it largely impassible. As such, vessels are no longer able to utilize the Rollinson Channel as a means to access the inlet gorge and the Atlantic Ocean directly. RECEIVED COASTAL PLANNING & ENGINEERING OF NOXW"M&A, INC. 12 DC NOV 0 3 2016 DCM- MHD CITY While the USACE had been attempting to maintain Rollinson Channel, the NC DOT Ferry Division, meanwhile, had attempted to maintain navigation into the inlet gorge from the Ocracoke side of the inlet through the Connector Channel to facilitate ferry service to the Hatteras Island. However, the volatile nature of the inlet has created dangerous conditions for the state-owned pipeline dredge to operate. The Ferry Division's flat-bottomed pipeline dredges Manteo and Carolina, is not designed to operate in swift ocean currents in the inlet. While these NC DOT dredging events had been successful maintaining navigation through much of the channel, the most recent dredge events in fall 2015 and mid -July 2016 were unable to connect to the inlet gorge due to unsafe working conditions given the channel's exposure to the open ocean. Therefore, the rapid sand movement in the area has made it difficult to maintain the channel. Figure 1. NCDOT figure depicting the historical shoreline positions at Hatteras Island and Ocracoke Island between 2002 and 2012. Now that both the Hatters -to -Hatteras Inlet Channel (Rollinson Channel) and the Connector Channel are do not actively maintained by either the USACE or the NC DOT Ferry Division, a means for safe passage into Hatteras Inlet no longer exists. Recreational and commercial fishing vessels continue to attempt to access the inlet gorge through the Connector Channel, however, these vessels frequently hit bottom and/or become temporarily grounded (Coulter, pers. comm.). The economic impact of maintaining access to the inlet (and ultimately the Atlantic Ocean) is great. At least 47 charter fishing vessels, three headboats, numerous private fishing boats, and SCUBA charters rely on access to the inlet on a daily basis. Revenue exceeding $5,000,000 on an annual basis is derived from the fish landings via the commercial fishing fleet and is dependent on the ability to utilize the inlet (West, pers. comm). Vessels seeking safe harbor from the offshore environment (including Diamond Shoals, known as the "Graveyard of the Atlantic") are now unable to navigate from the inlet to Hatteras Island or Ocracoke Island safely. Furthermore, the Hatteras Village based US Coast Guard typically runs through the inlet and averages 150 rescues annually (USCG, 2016). These rescue efforts become more challenging as access into to the inlet degrades. In fact, the US Coast Guard has considered removing all of the navigation buoys within the Connector Channel due to ongoin�a rfC C cermL I V C D CIiC' V C "Lj,CI ' NOV 21 2016 COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. NO V O S 2016 13 DCM- MHD CITY The purpose of the proposed project is to reestablish the navigability into Hatteras Inlet via the Connector Channel. The proposed project is needed at this time since there is no safe conduit for commercial and recreational vessels to the inlet gorge that provides access to the Atlantic Ocean. In addition, without adequate accessibility into the inlet, the local economy will continue to be impacted. According to Dare County commissioner Allen Burrus, approximately 400 boats maneuver their way daily from the Pamlico Sound to fish in the ocean, contributing millions to the local economy (Hampton, 2015). In an attempt to reestablish the navigability into Hatteras Inlet, Dare County is seeking permits that would allow for the utilization of US Army Corps of Engineers (USACE) dredges (sidecast and special purpose) to conduct Connector Channel maintenance. Dredging activities would be performed by USACE-owned dredge plans and limited to the proposed Connector Channel corridor. Material excavated by the special purpose dredge would be disposed in a previously authorized nearshore disposal site in the Atlantic Ocean just south of Ocracoke Island (Appendix A). The nearshore disposal site will be located approximately 1500 m from the north end of the island, in approximately -10 ft. MLW depths. This depth is considered will within the active littoral system and within the depth of closure. These actions would be performed on an "as needed" basis and are therefore not proposed to be limited to any specific time of year. . .. �-�.� _._': �� , '. �_.��d rize,xlaeeE�ee [occz €€aU Dredging activities would be performed by USACE-owned dredge plants (special purpose dredge and/or side cast dredge) and will be limited to operating within the Connector Channel corridor. The following sections provide a description of the dredge plants to be utilized and the specific location where dredging will occur. This project includes the utilization of the same USACE dredges that have previously performed dredging within the confines of Hatteras Inlet. This includes the USACE sidecast dredge and their special purpose dredges. The Merritt is the only sidecast dredge currently operating by the USACE Wilmington District at this time. Examples of special purpose dredges currently commissioned within the USACE Wilmington District dredge fleet include the split -hull dredges the Murden and Currituck. These dredges were first included in the 1991 South Atlantic Division's Regional Biological Opinion (SARBO); however, they were not covered in the updated 1997 SARBO due to concerns about potential impacts to listed species. As such, a separate biological assessment and biological opinion were developed in 1998 and 1999, respectively, to address these concerns. Potential environmental impacts associated with the use of these dredges include the possibility of entrainment of threatened and endangered species by the draghead, localized turbidity plumes at the draghead site, near the surface as the hoppers are filled and as the sidecast dredge disposes material. Typically, these dredges do not include the use of observers and operate without sea turtle deflectors on the dragheads or inflow/outflow screens. Operation of these dredges within coastal inlets is permissible without seasonal restrictions (USACE, 1998). As stated in Section 2.1.1.4, a Finding of No Significant Impact (FONSI) was issued by the USACE in 2004 allowing for year-round use of their special purpose dredges within the Hatteras -to -Hatteras Inlet channel (USACE, 2004). A separate FONSI was issued in 2014 allowing for the use of a sidecast dredge within the same area. RECEIVED DCM COASTAL PLANNING & ENGINEERING OF NORTWR/4nW61NC. NOV GG 3 ZOIG 14 DCM- MHD CITY'WARO RECEIVED NOV 21 2016 DCM- MHD CITY NOV O'8 2016 When operating, sldecast dredges like the Merritt (Figure 3) dispense material to the side of the navigation channel, while hopper dredges such as the Currituck (Figure 3) and Murden (Figure 4) fill a small hopper with the material and transport it to designated disposal areas. In split - hull hopper dredges, such as the Currituck, water pumped into the hopper is overflowed to provide an economic load of sand, since the dredged slurry entering the hopper contains about 20% sand and 80% water. Once the hopper is full of sand Figure 2. The sidecast dredge the Merritt (Photo credit: USACE) (about 300-500 cy), the sedunent is taken to nearshore waters where the split —hull hopper is opened and the sediments are dumped. The working speeds of these vessels range between 1 and 3 knots, and travel speeds ranging from 7 to 10 knots. The dredges normally maintain shallow channels with depth between 4 - and -14 feet MLW. Although these are the special purpose dredges currently in commission and used by the USACE Wilmington District, the proposed activity may be performed with other similar dredges that may be introduced into the fleet. x �:dN2'S5'1�`YS Figure 3. The special purpose hopper dredge Currituck. (Photo Credit: safesea.com [left.]; from; USACE Irighti) RECEIVED NOV 21 20% [�CM1 DCM- MHD CITY NOV0 g 2016 COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. M V A RV 15 I �r i�. p IIIr Figure 4. The special purpose hopper dredge Murden. (Photo Credit: USACE IIeR.I; Brian Gauvin, www.professional marineacom [right]) As described in the 1998 Biological Assessment (USACE, 1998), the shallow draft. dredges use small, "California -style dragheads", and the sizes and suction power are less than that of commercial hopper dredges. The California -style draghead has a large flat bottom that sits level in the sand (Figure 5). The location of the intake is approximately 1 to 2 feet below the sediment surface making it less likely to entrain turtles (Studt, 1987; USACE, 1990). The dredge pumps on these vessels average 350 horsepower and draghead sizes range from approximately 2' x 2' to 2' 3'. The draghead openings are further subdivided on their undersides by gridded baffles with openings ranging from 5" x 5" to 5" x 8". The baffles restrict the size of object that can enter the dredge and even -out and direct the hydraulic forces during dredging, allowing for maximum production with each dredge cut. In 1998, field trials were performed to test the potential of special purpose dredges to take sea turtles. Tests were run using a deceased green sea turtle (previously taken in the gill net fishery and frozen) in three scenarios that incorporated impinging the sea turtle on the draghead while the pumps were running 1) in the water column, 2) placed on the bottom, and 3) during active dredging. In the first two scenarios, the suction was not strong and the turtle could be easily prodded away from the draghead using a pole. The third scenario was considered the worst case and resulted abrasions from being dragged along the bottom, but no fractures, dislocations, or other physical damage was detected. It was therefore concluded that the low suction forces attributed to these special purpose dredges would reduce the likelihood of impinging a sea turtle. If a sea turtle were to become impinged accidentally, it would have many opportunities to escape due to low suction forces and bottom irregularities (USACE, 1998). RECEIVED NOV 21 2016 '�7)(�f�yji DCM- MHD CITY NOV O 3 2016 �;'Y -P �1R0' COASTAL PLANNING &ENGINEERING OF NORTH CAROLINA, INC. 16 California draghead Figure 5. Representation of the California draghead. This drag head sits flat upon the bottom and the location of the intake for sediment s approximately 1 to 2 feet below the sediment surface. (Schematic from Studt,19" Due to the ephemeral nature of the shoals within the Hatteras Inlet complex, the Connector Channel does not remain in a fixed location and therefore a corridor where dredging may occur has been established. Prior to each maintenance event, the precise dredging location will be determined within the corridor as a result of a pre -construction bathymetric survey. Generally, the dredging location will follow the natural deep water that connects Ocracoke Island to the inlet gorge. A post hurricane Mathew survey of the Connector Channel was conducted by the USACE on October 18, 2016. The recent conditions were compared to a previous USACE survey conducted in March 2016. The comparison showed the navigable depths at the easternmost portion of the Connector Channel where it intersects with the Hatteras Inlet gorge have decreased. The March 2016 survey indicated a controlling depth of approx. -7 ft. MLLW, whereas the October 2016 showed the controlling depth ranged from approx. -4 ft. to -5 ft. MLLW. The survey also showed a narrowing of the westernmost portion of the Connector Channel and shoaling that has decreased the depths ranging from approx. -6 ft. to -8 ft. MLLW in March 2016 to -4 ft. to -6 ft. MLLW in October 2016. These changes are consistent with the ephemeral nature of the shoals within the Hatteras Inlet complex. As described below, the extent of the Connector Channel corridor has been developed with several factors in mind. The extent of the corridor idend fled was first developed based on a review of aerial pho g ting back to 1993. The examination of the photographs was aimed at identifying the extent of a at n of the Connector Channel over the past 23 years. Furthermore, local users of the waterway wer4lTe�f�confirm the extent of the migration of the Connector Channel. cc�� Submerged aquatic vegetation (SAV) is found within portions of the Hatteras Inlet com c n areas to the north of Ocracoke Island in proximity to the proposed Connector Channel corridor. These resources live and grow below the water surface in coastal and estuarine waters in large meadows or small, disjointed beds. COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. RECEIVED CC E I V E D t7 NOV 21 2016 DCM- MHD CITY Dredging with a sidecast or special purpose dredge in proximity to SAV may affect these resources through its direct removal, burial through sedimentation, or shading due to prolonged periods of high turbidity. Due to concerns with potential project related impacts to SAV, no dredging will occur within 100 ft. of an SAV bed. The spatial extent of the Connector Channel corridor has also been designed to avoid any impacts to land owned by the National Park Service (NPS) on the northeastern tip of Ocracoke Island. Dredging too close to land could induce shoreline erosion due to increased current velocities created due to the deeper newly formed channel. In order to avoid affecting the northeastern portion of Ocracoke Island, including the ephemeral spit, a buffer between the dredging corridor and the Ocracoke shoreline has been developed. The buffer between land and the dredging corridor will be 300 ft. This would provide a conservative buffer between any future dredging activities and the existing shoreline. In addition to the environmental considerations described above, the corridor was also developed to avoid interfering with the presence of a submerged power cable. Tideland Electrical Membership Corporation (Tideland EMC) installed a submerged power cable that extends across the Hatteras Inlet complex from and area to the west of the Ocracoke Island ferry terminal to the western portion of Hatteras Island. The cable, which was buried at a depth of 6 feet below the existing bottom (which ranged from approximately -10 ft. MLW to -20 ft. MLW) at the time of installation in 2000, is armored with #4 galvanized steel cables wound around the cable assembly (Beagle, pers. comm.). This armoring was designed primarily to protect the internal components in the event of an anchor strikes. In order to avoid impacts to the power cable during dredging operations, dredging would not occur in locations where the cable is situated in less than -15 ft. MLW. Material excavated by the special purpose dredge would be disposed in a previously authorized nearshore disposal site in the Atlantic Ocean just south of Ocracoke Island (Appendix A). The nearshore disposal site will be located approximately 1500 meters from the north end of the island, in approximately -10 ft. MLW depths. This depth is considered well within the active littoral system and beyond the depth of closure. These actions would be performed on an "as needed" basis and are therefore not proposed to be limited to any specific time of year. The CAMA permit allowing for the dredging within the Connector Channel was first authorized in 1977 (see Section 2.1.1.3 above). The actions under this original permit were re -authorized via CAMA permit #224-87 in 1987. During the permit's commenting period, the State Historic Preservation Office (SHPO) provided a letter dated August 24, 1987 that included the following: In our underwater research files we have references to extensive maritime activities and shipwreck losses in the general project vicinity, therefore, much of the project area holds a high potential for containing submerged cultural resources. However, since this project concerns maintenance dredging within controlled and previously dredged channels, we recommend no archaeological investigations be conducted. The applicant has confined the channel corridor to those areas in which the Connector Channel has previously been located. Therefore, proposed dredge activity occurring within the Connector Channel corridor will not require additional cultural resource investigations. )ram C RECEIVED E� �`f NOV c 12016 NOV 0 3 zolt6 COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. q� 18 DCM- MHD CITY ARO, See Appendix A. Not Applicable Please find enclosed an application fee check for $475. front (riparian) l ave received a copy of As listed on application fonn. e project tract. As listed in the Project Narrative. See Appendix B. Not applicable. Not Applicable. tit " .... Y "'_i..—.e .2.i PCtP..cv Act (N.C.G.S. 113A 1- _Qi'cnf T3 u1)lic. f'u,L is or Use of public 1 crth Carolina SEPA compliance has been met by the development and authorization of the federal project. RECEIVED NOV 21 2016 NOV 0 g ZOf6 DCM- MHD CITY AR COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. 19 Appendix A: Work Plats and Location Maps RECEIVED NOV 21 2016 DCM- MHD CITY DC�F 11"'OV087.016 WAG) COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. 20 Appendix B: Signed Agent Authorization Form, Adjacent Riparian Landowner Notifications and Interagency Scoping Meeting Minutes RECEIVED NOV 21 2016 DCM- MHD CITY '% COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. 21 N.C. DIVISION OF COASTAL MANAGEMENT AGENT AUTHORIZATION FORM Date Name of Property Owner Applying for Permit: Dare County Mailing Address: 954 Marshall C Collins Drive Manteo, NC 27954 Coastal Planning and Engineering of NC, Inc I certify that I have authorized (agent) to act on my behalf, for the purpose of applying for and obtaining all CAMA Permits necessary to install or construct (activity) Dare County Hatteras Inlet Channel Maintenance Project at (my property located at) Hatteras Inlet RECEIVED NOV 21 2016 This cer ' rcation is valid thru (date) 12/31 /2017 ' DCM- MHD CITY i Property Owner Signature Date Adjacent Riparian Landowner Notifications RECEIVED NOV 21 2016 DCM- MHD CITY COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. 23 COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. 4039 MASONBORO LOOP ROAD, WILMINGTON, NC 28409 Coastal Planning & Engineering of North Carolina, Inc. 4038 MAsoNwRO Loop ROAD WILMGTON, NC 28409 Tel: 910.791.9494 October 26, 2016 910-791-9494 PHONE 910-791.4129 FAX Re: Dare County Hatteras Inlet Channel Maintenance Project Adjacent Riparian Landowner Notification Dear Sir or Madam: On behalf of Dare County, Coastal Planning & Engineering of North Carolina (CPE-NC), Inc. is submitting a Coastal Area Management Act (CAMA) Major Permit application to the North Carolina Division of Coastal Management (NC DCM) for work occurring within an Area of Environmental Concern. As more completely described in the attached application, the County is seeking permits that would allow for the utilization of US Army Corps of Engineers dredges (sidecast and special purpose) to conduct channel maintenance within Hatteras Inlet. Attached to this notice, please find a copy of the application as submitted to the NC DCM office. Due to document sizes, Appendices C (Biological Assessment) and D (Essential Fish Habitat Assessment) have been omitted but are available upon request. Within 30 days from receipt of this notice, you may submit comments regarding the referenced project to the following address: Attn: Steve J. Troweil Division of Coastal Management North Carolina Department of Environmental Quality 943 Washington Square Mall Washington, NC 27889 Sincerely, COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. Greg Finch, Agent, CPE-NC Enclosures: Application for Major Development Permit RECEIVED NOV 2 1 2016 DCM- MhiD C,TY i NOV ® 8 Z41 o co .. . cr PAN'-2786 C3 ru r` o $3.30 t Utmeae Fd.orenc.a �. ❑reb.. R.o.q owdowN t G ❑Rpun R.aYpt Rkopot+ol t 0 OCeelA "RD* Y i p Q,VwttklYk..R.Pk.. t O.ew avn RMbw.O.•n.yt co P°'"0° f2.41 o .41 s rq M1 •. Ir nAN7E9�:'NC 2795 "+ I A l ,ti V .r CWU%d 0 f3.30 '� «e(nwaeo..artr � ❑R.Uwn R.ujt N•.roPA i o ❑wnmR.xwtwowk s sn_00 O OCrMWM.BRM.bW owr s so go p Owoktb•k.•Rwkw t �� O�sww Rrek D*m t C3 PF6 $2.41 C3 TOW off. ow .41 to sent n a 0 0480 10 Poetmrtk Hera 10/26/2016 0480 10 Postm.,k Here 1i/26/2016 RECEIVED NOV 21 2016 DCM- MHD CITY DCM Novo 8 2016 WA R -�; Interagency Scoping Meeting Minutes RECEIVED NOV 21 2016 DCM- MHD CITY DCM NOV 0'S 2016 WAR COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. 24 Hatteras Inlet Channel Maintenance Project Dare County, NC Interagency Meeting Minutes August 16, 2016 The initial interagency scoping meeting for the proposed Hatteras Inlet Channel Maintenance Project was held at the Department of Environmental Quality in Washington, NC on August 16, 2016 at 2pm. Attendees included representatives from Federal and State resource agencies including the US Army Corps of Engineers (USACE), US Fish and Wildlife Service (USFWS), National Marine Fisheries (NMFS), North Carolina Division of Marine Fisheries (DMF), North Carolina Division of Water Resources (DWR), North Carolina Division of Coastal Management (DCM), and the North Carolina Wildlife Resources Commission (WRC). Representatives from Dare County, Tideland EMC, and CB&I were also in attendance. The meeting's primary objective was to bring agency representatives together to present the project scope and develop an agreed upon permitting approach and the necessary environmental documentation. Following introductions, the meeting began with a presentation by Brad Rosov (CB&I). He provided a geographic context as to where the proposed project was located (within the Hatteras Inlet complex between Ocracoke Island and Hatteras Island). Mr. Rosov then described the nature of the project being proposed by Dare County. It primarily entails the maintenance of the "Connector Channel" which is the main conduit between Ocracoke Island and the Hatteras Inlet gorge using US Army Corps of Engineers (USACE) dredge plants (sidecast dredge and/or special purpose dredge). Due to shallow conditions frequently experienced within Hatteras Inlet, the project will also include the ability for the applicant to utilize a USACE sidecast dredge to dredge a "pilot" channel across the ocean bar channel to facilitate the transit of the special purpose dredges through the inlet and into the Connector Channel. The excavated material from the Connector Channel would then be disposed of via special purpose dredge in a USACE authorized nearshore disposal site just off Ocracoke Island. Dare County is in the process E IV E D executing a Memorandum of Agreement with the USACE such that the County would ha ability to provide the required funding for these maintenance activities. NOV 2 12016 Mr. Rosov and Ken Willson (CB&I) also discussed the historical nature of previous maintenance activities within the inlet complex by both the USACE and NC DOT. Until recently, thDC M- M H D CITY USACE had maintained a federally authorized portion of Rollinson Channel which connects Hatteras Island to the Hatteras Inlet gorge using USACE sidecast and special purpose dredge plants. Since 2011, the west end of Hatteras Island has experienced significant erosion causing much of Rollinson Channel to become exposed to the high energy environment of the open ocean. This has led to the constant shoaling within Rollinson Channel. For this reason, combined with funding limitations, the USACE has not maintained Rollinson Channel for several years. The only access to the open ocean from Hatteras Island includes the use of the "long route" around Barney Slough and into the Connector Channel in between Ocracoke Island and the inlet gorge (see Slide 1 in the attached presentation). Due to shoaling within the Connector Channel as well, Dare County has paid the NC DOT Ferry Division to utilize their pipeline dredge to maintain the channel as best as possible. The most recent dredge event in July 2016 was unsuccessful as the NC DOT operated dredge was unable to operate in loC.R7M AS); most portion of the channel (in proximity to the gorge) where the sea conditions were not conducive for a non -ocean certified dredge to operate. Therefore, at this time, navigation from both Hatteras Island and Ocracoke Island remains highly unsafe. Steve "Creature" Coulter (Charter Fisherman) provided anecdotes of vessels grounding on a regular basis and a dive boat operator who lost power in the inlet and would have wrecked was it not for another nearby dive boat who came to their assistance. Dare County Manager Bobby Outten expanded upon the need for the permits for the proposed project as the entire charter fishing fleet and other boat operators no longer have a reliable means to access the ocean due to the shoaling in the inlet complex. Waller Overman (Dare County Board of Commissioners) explained that the County has explored contracting with local dredges to perform the required dredging in the Connector Channel, but was told by one operator that due to the harsh conditions, it would be akin to "bringing a knife to a gun fight". Mr. Willson added that the dredge fleet owned and operated by the USACE is specially equipped and configured to dredging in conditions experienced in the Connector Channel. Mr. Rosov explained that the proposed project would include the use of channel corridor that would give the applicant the flexibility to maintain the channel as it follows deep water opposed to attempting to maintain a fused location. Mr. Willson mentioned that utilizing a channel corridor is a typical tactic utilized by the USACE Navigation when maintaining shallow draft inlets. In addition, Mr. Rosov explained that there is a known submerged powerline extending from Ocracoke Island to Hatteras Island. Ben Beagle (Tideland EMC) provided details on the location of the powerline in relation to the Connector Channel and its depth (it was plowed in 6 feet below the seafloor). Mr. Willson added that the USFWS has previously expressed concerns of bringing the channel too close to the spit of an island as it could potentially induce erosion. Accordingly, Ken mentioned that the applicant will work with the agencies to ensure that the corridor is designed with their concerns in mind. Mr. Rosov moved on and told the meeting attendees that the permitting approach would include the need for an Individual Permit from the Department of Army and a CAMA Major Permit from the NC Division of Coastal Management (DCM). An Environmental Assessment (EA) would be drafted to support the NEPA documentation requirement due to the fact that the activities being proposed are not "new"- the actions have been carried out by the USACE or the NC DOT in the past and no significant impacts were documented. In addition, to satisfy consultation requirements with the US Fish and Wildlife Service (USFWS) and the National Marine Fisheries Service (NMFS), a Biological Assessment (BA) and Essential Fish Habitat (EFH) assessment would be prepared. Brad went on to share the proposed schedule which includes the submittal of draft documents by mid -October 2016 with final documents being released by January 2017. Ken Riley (NMFS) expressed concern that the USACE's dredge fleet is already under high demand and cited the fact that the Wilmington Harbor outer bar maintenance project may require dredging outside of the environmental dredge window due to the lack of available dredges. Mr. Outten responded that while the concern is valid, it is not a permitting issue; rather it is a scheduling issue. Mr. Riley agreed. Ken Willson responded that the dredge plant needed for this proposed project is different than what is required for the Wilmington Harbor outer bar project. RECEIVED DCM NOV 21 2016 ivOV 6 8 201E DCM- MHD CITY WA Brad stated that the activities being proposed are not new for the project location in consideration of the previous dredging within the Connector Channel, Rollinson Channel, and the nearshore disposal and mentioned that environmental documentation has been developed for each of those activities already. He then asked the meeting participants if any specific environmental considerations should be addressed in the forthcoming environmental documents. Maria Dunn (NC WRC) stated that there may have been a fisheries moratorium on sidecast dredging for the within the Connector Channel. Doug Huggett (DCM) interjected that he does not recall a moratorium on the NC DOT dredging. Maria added that due to the potential for entrainment of sea turtles with the use of hopper dredging, it would be prudent to limit the ability to dredge during the time when swimming sea turtles may migrate through the area. Mr .Willson responded by stating that the USACE special purpose dredge (hopper dredge) includes design specifications that minimize the potential for entrainment compared to ocean going hopper dredges. Maria agreed and stated that they do include deflectors and have other attributes that are designed to minimize impact to sea turtles, however, the South Atlantic Division of the USACE typically adheres to an environmental dredge window to reduce the chance of takes. Mr. Willson suggested that the suction action of both the sidecast dredge and the hopper dredge are the same- the difference is that the sidecast dredge disposes of the material off to the side while the hopper has the ability to dispose of the material in a specific location. Mr. Coulter brought up the notion that the USACE is able to dredge on the east side of the gorge now yet we are discussing concerns doing the same activity on the west side of the gorge in the Connector Channel. Brad asked Josh Pelletier (USACE) how he foresees the consultation with the USFWS and NMFS. Josh responded that so long as the agencies do not have any specific concerns with the project, he envisions informal consultation and the use of the South Atlantic Regional Biological Opinion (SARBO) to govern the number permissible takes and terns and conditions. Mr. Willson added that the details of the USACE's authorization will reveal what activities may be permissible under this project. Bill Biddlecome (USACE) asked where the County stands with the execution of the MOA between the USACE and the County. Mr. Outten replied by stating that it is in the works and is unsure exactly when it would be fully executed. Mr.Biddlecome stated that a similar meeting was held two years ago to address this issue yet nothing has happened. Mr. Outten responded that the County is fully committed to move forward at this time. Ken Riley interjected that he would recommend that an EFH should be submitted and encourages the applicant to integrate the previous documentation that has been drafted for activity within the inlet complex to help streamline the review process. In addition, Mr. Riley commented that the dredge windows for inlets in the southern part of the state is Nov. 16 through March 31" and sometimes includes observers and relocation trawling. Mr. Rosov asked Doug Huggett about the recommended timing for submittal of the CAMA Major Permit application. Mr. Huggett responded that he would strongly recommend that it is not submitted until the Final EA, EFH, and BA have been submitted. Mr. Huggett also indicated that the State has a general permit that would allow for the dredging of up to 1,000 cubic yards of material with upland disposal. Ken Willson responded that due to the conditi hannel, RECEIVED NOV 21 2016 NOV 0 8 2016 DCM- MHD CITYA. the type of dredge that would be required for the dredging would be cost prohibitive for that level of dredging. Mr. Huggett then brought up the fact that the proposed channel corridor, as presented, may need to be refined to avoid any potential issues with the National Park Service (as it relates to its proximity to the Ocracoke shoreline) and with resource agencies due to the fact that seagrass beds are located adjacent to the northern boundary of the corridor. Mr. Willson responded by stating that the corridor as presented was developed based off historical shoreline and channel positioning but recognized the potential for NPS concerns. He stated that he would work with the NPS to ensure that they are comfortable with the proposed corridor. Mr. Biddlecome asked if the Rollinson Channel would be widened. Mr. Coulter explained that the request was from the USACE and that this proposed action is not a part of this project which does not include maintenance of Rollinson Channel. Wally Overman (Dare County) indicated that the reason the corridor currently extends to the north in proximity to the seagrass beds is to allow for the potential access to a small natural channel. Mr. Willson added that there will be a balancing act between the applicant's needs and the consideration of the environmental resources. Mr. Outten added that the County is interested in avoiding any potential issues that may delay the issuance of permits. Mr. Huggett added that any sidecast dredging in proximity to the known seagrass beds may be limited to operations on the outgoing tide only. Mr. Biddlecome asked if the need for this project would go away if the USACE was able to continue the maintenance of Rollinson Channel. Mr. Coulter responded that it would not be required. Mr. Willson added that due to the continued erosion on Hatteras Island, there is a question if the USACE will ever be able to maintain Rollinson Channel in the future. Mr. Coulter mentioned that the US Coast Guard has relocated a 47' vessel from Hatteras Island to Ocracoke Island to reduce its response time, although access to the ocean remains problematic. Mr. Coulter discussed that the small island behind the inlet in Barney Slough has eroded considerably since it is no longer used as a disposal site. Since the island has eroded, the dynamics of the inlet and channels have changed significantly and has led to reduced flow in the channels. Mr. Riley stated that the NC WRC and NMFS is looking to restore that island for bird habitat. Ms. Dunn mentioned that the NC WRC will need to undergo a lengthy permitting process which could delay the restoration of the island. Ken Willson asked Doug Huggett how long the proposed permits would be valid for. Mr. Huggett responded stating that the permit will be valid for three years and can be renewed for perpetuity. Any future maintenance events would require notification as early on as possible. Mr. Biddlecome added that he foresees the issuance of a 10 year permit from the USACE and would allow for maintenance activity. Anthony Scarbraugh (DWR) mentioned that WRC would review the project after the USACE 30 public commenting period ends. Mr. Pelletier suggested that he anticipates, barring any significant issues that arise, that the USACE will be able to issue their Dept. of Army permit within 120 days. Mr. Rosov stated that the permit documents and permit applications will include as much information from the previously developed environmental documents, permits, and authorizations to. Mr. Riley agreed with chid approach. r- /, k RECEIVED NOV 21 2016 wOV o 8 2016 DCM- MHD CITY WAR Mr. Huggett suggested that the applicant communicate with the National Park Service to ensure that they do not have any issues with the use of the authorized nearshore disposal site which has not been used for approximately 2.5 years. They may require a special use permit for the use of the disposal area. Mr. Huggett added that he felt that the State maybe able to issue permits within 45 days following the receipt of the completed application package. The meeting adjourned at 3:30pm Action Items: • Brad Rosov- Determine if a moratorium was placed on NC DOT dredge permit. • Brad Rosov- Need to obtain USACE Biological Assessment and subsequent Biological Opinion that evaluated the use of hopper dredging • Brad Rosov- Engage in discussions with National Park Service with regards to this proposed project • Brad Rosov- Discuss the potential for SAV impacts in regards to the proposed channel corridor with Shane Staples (NCDEQ Marine Fisheries) • Ken Willson- Ensure the proposed construction corridor will not impact submerged Tideland EMC powerlines. • Josh Pelletier- Confirm that the USACE Wilmington Harbor project does not use USACE special purpose dredge plant. List of Attendees Name Agency Phone Email Ben Beagle Tideland EMC 252 943-3046 benbeagle@tidelnademc.com Steve Coulter Resident of Hatteras, NC 252 995-4832 fish@seacreature.net Wally Overman Dare County 252 216-6042 wallyo@darenc.com Bob Woodward Dare County 252 216-8240 wooward(adarenc.com Bobby Outten Dare County 252 475-5811 outten@darenc.com Courtney Spears DCM 252 808-2808 Courtney.spears@ncdenr.gov Ken Riley' NMFS 252-728-8750 Ken.Riley@noaa.gov Maria Dunn NC WRC 252-948-3916 Maria.Dunn@ncwildlife.org Doug Huggett DCM 252-808-2808 Doug.Huggett@ncdenr.gov Johnathan Howell DCM 252 946-6481 Johnathan.howell@ncdenr.gov Josh Pelletier USACE 910 251-4605 josh.r.pelletier@uasce.army.gov Bill Biddlecome USACE 9102514558 v4lliam.j.biddlecome@usaoe.army.gov Frank Jennings DCM 252 264-3901 Fmnkjennings@ncdenr.gov Robert Tankard DWR 252948-3921 robert.tankard@ncdenr.gov Steve Trowel] DCM 252 948-3854 steve.trowell@ncdenr.gov Anthony Scarbraugh DWR 252 948-3924 A4fi'9ny.scarbraugh@vs i�yny\'L�r� 4�OV � 9 2('% NOV 21 2016 ���,�. DCM- MHI) CITY Don Burke DRW 252 948-3966 don.burkeA@ncdenr Lyn Hardison DEQ 252 948-3842 Lyn.hardison@ncdenr.gov Brad Rosov CBI 910-791-9494 Brad.Rosov@cbi.com Ken Willson CBI 910 791-9494 Kenneth.willson@cbi.com John Ellis" USFWS 919 856-4520 John_ellis@fws.gov 'Participated via conference call RECEIVED NOV 21 2016 DCM- MHD CITY WAR.,;. Appendix C: Biological Assessment (May not be included with all copies, available upon request) Eck �I �abRC-) COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. 25 RECEIVED NOV 81 2016 DCM- MHP :TY Appendix D: Essential Fish Habitat Assessment (May not be included with all copies, available upon request) RECEIVED NOV 21 2016 DCM- MHD CITY COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. 26 y Download wA Full screen Show email X Dredging Area Comparison 2015 HATTERS INLET PERMIT 224-87_LS SSG Hatteras_2014-3-17 entire channel SOUTHDOCK BASIN-161109 12/19/2016 English 5 Customer service USPS Mobile USPS.com® - USPS Tracking8 Register I sign In USPS Tracking® i Tracking Number: 70150640000410720980 ausps.COM° Still Have Questions? Browse our FADS t Get Easy Tracking Updates > Sign up for My USPS. I Product & Tracking Information Available Actions Postal Product: Features: First -Class Mail® Certified Mail`" Return Receipt ' See tracking for related item: 9690940223416225642984 DATE & TIME STATUS OF ITEM LOCATION November 7, 2016, 11:40 1 Delivered, PO Box PANTEGO, NC 27860 i am I Your Item has been delivered and is available at a PO Box at 11:40 am on November 7, 2016 in PANTEGO. 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Available Actions MANTEO, NO 27954 MANTEO, NC 27954 MANTEO, NC 27954 _ ROCKY MOUNT, NC 27801 ROCKY MOUNT, NC 27801 CHARLOTTE, NC 28228 I CHARLOTTE, NC 28228 WRIGHTSVILLE BEACH, NC 28480 WRIGHTSVILLE M=Arw Ki, AARA I Track Another Package i Manage Incoming Packages Tracking (or receipt) number Track all your packages from a dashboard. No tracking numbers necessary. 41 Track It Sign up for My USPS > i https:/ttwis.usps.com/go/TrackConfirmAclion.action"tRef=full page&tLc=1&text28777=&tLabels=7015+0640+0004+1072+0973 1/2 1019/2016 USPS.comO - USPS Tracking® HELPFUL LINKS ON ABOUT.USPS.COM OTHER USPS SITES Contact Us About USPS Home Business Customer Gateway Site Index Newsroom Postal Inspectors FAOs USPS Service Updates Inspector General Forms & Publications Postal Explorer Government Services National Postal Museum Careers Resources for Developers Copyright m 2016 USPS. All Rights Reserved. LEGAL INFORMATION Privacy Policy Terns of Use FOIA No FEAR Act EEO Data httpsJltools.usps.com/golTrackConfirmAcfon.action7tRef=tulipage&tLc=l&text28777=&tLabels=7015+0640+0004+1072+0973 212 17 November 2016 Mr. Kenneth Wilson 4038 Masonboro Loop Road Wilmington, NC 28409 Dear Mr. Wilson: PAT MCCRORY DONALD R. VAN DER VAART The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your property on the west side of Hatteras Inlet complex adjacent the northeastern tip of Ocracoke Island in the Pamlico Sound, Hyde County, North Carolina. It was received on 8 November 2016, and appears to be adequate for processing at this time. The projected deadline for making a decision is 23 January 2017. An additiona175- day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. Steve Trowell, Field Representative for the Division of Coastal Management is responsible for processing your permit and he can be reached at 252-948-3854 or via email at if you have any questions. If this agency does not render a permit decision within 70 days from the 8 November 2016, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be.posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of- way fronting your property, or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. RECEIVED NOV 21 2016 Er.,=ro n—a Q.3:ay DCM- MHD CITY :;=616646: Mr. Kenneth Wilson 17 November 2016 Page 2 of 2 An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, Steve Trowell Coastal Management Representative Division of Coastal Management Washington Regional Office Enclosure Cc: Doug Huggett Mr. Robert Outten, 954 Marshall C Collins Drive, Manteo, NC 27954 WARO RECEIVED NOV 21 2016 DCM- MHC IC:TY LAMA PERMIT APPLIED FOR COMMENTS ACCEPTED THROUGH APPLICANT: C�rA�pr-�- _W W U W ix FOR MORE DETAILS CONTACT THE LOCAL PERM} OFFICER BELOW: Sk-�ve—�r�a�sey , KpPre��crka�� e ��'•� a� C ate\ Jy\cty�a�n2errl 0.c)9 a5-1 q Lf 3�Sy } D GHW -WDa 91010 9 AON 3AI3D38 CHARLOTTE C �- 1 N.T.S. NOT FOR CONSTRUCTION FOR REGULATORY REVIEW ONLY 0 7500 15000 GRAPHIC SCALE IN FT RALEIGH �NP, N GP!O t -lnrl(cnNVTI I Fe- �. CAPE FEAR DARE COUNTY, NORTH CAROLINA HATTERAS CAPE PROJECT LOCATION REHEAD CITY LOOKOUT ATLANTIC OCEAN SHEETINDEX 1 COVER SHEET 2 PROJECT OVERVIEW 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, (NAD83). 2. ELEVATIONS ARE REFERENCED TO MLW, 3. DATE OF AERIAL PHOTOGRAPHY: JULY, 2016. 4. SURVEY DATA COLLECTED BY USACE. MARCH 8-10, 2016, 1 GrrcNin �a < __ _ - MEAN LOW LINE o MEAN HIGH WATER LINE -' — CROSS SECTION LINE DREDGE AREA Q HAT-03-V-18 HATTERAS INLET BORINGS 2003 AND ID NEARSHORE DISPOSAL AREA SUBMERGED AQUATIC VEGETATION AND 100FT. BUFFET ASBUILT EXISTING CABLE ROUTE (CALDWELL CABLE VENTURES) EXISTING CABLE ROUTE(UTLITY ELECTRICAL CONSULTANTS, PC) —'� ASBUILT NEW CABLE ROUTE RECEIVED NOV 3 0 2016 DCM- MHD CITY r rj /9,` r z CONNECTOR 1 •, ' & CHANNEL CORRIDOR t J ' HAT-03-V-6 = HAT-03-V-7 a PAMLICO SOUND `r HAT-03-V-9d HAT-03-V-8 fi o 0 \' PROPOSED CONNECTOR �3 3 03-V-10 \ " CHANNEL (SEE NOTE) HAT HATTERAS HAT-03 V-16 0 0 HA 03 V-11 N 54200e \ \ \ HAT-003-V-13 GHAT U3-V-12 N 5 2000 o p HAT-03-V-17 ! 0 0 '. HAT-03-: -15 HAT-03-V-141 - - RECEIVED "c HAT-03-V-18 I NOV 3 b 2016 HaT o3 v 19 HANLET S DCM- MHD CITY o a / .QCEw RACKOKE p Az 5 ISLAND �' N 537000 0 0 rw J r a m � W 0 1000 2000 o z GRAPHIC SCALE IN FT a z� w /} NOTE: o PROPOSED CONNECTOR CHANNEL IS NOT FIXED r J LOCATION ORE DISPOSAL LOCATION AND RATHER FOLLOWS DEEP WATER AT TIME OF No MAINTENANCE. AND/OR A PREVIOUSLY �a DREDGED CHANNEL FOOTPRINT, LOCATION_ NOT FOR CONSTRUCTION N 532000 53200 SHOWN IS REPRESENTATIVE ONLY AND WILL N FOR REGULATORY REVIEW ONLY rn - CHANGE BASED ON BATHYMETRY AT TIME OF DRAwNC ND. rn ,m h MAINTENANCE. PV-i o a Yame DATE O C P SHEET , OP + ® a i ix ca Ln co O U PAMLICOSOURID RECEIVE 0 250 500 NOV 3 0 2016 \ _ ` GRAPHIC SCALE IN fT zo DCM- MHD C 1l6 { 2 _ h _7 b 5 3 -17 Bi s , -g PROPOSED CONNECTOR b CHANNEL (SEE NOTE) \ s NOTE: C 4 PROPOSED CONNECTOR CHANNEL IS NOT FIXED AND RATHER FOLLOWS DEEP WATER � Z p oa AT TIME OF MAINTENANCE. AND/OR A o �_ PREVIOUSLY DREDGED CHANNEL FOOTPRINT. 31 ap W LOCATION SHOWN IS REPRESENTATIVE ONLY zu z AND WILL CHANGE BASED ON BATHYMETRY `_w `_? �o w AT TIME OF MAINTENANCE. n <z o' z <� z TIER o NOT FOR CONSTRUCTION Q p I/FT FOR REGULATORY REVIEW ONLY OCRACKOKE O OR^'NiNO NO. ISLAND PV-2 Name DPJE - S EU 2 OF a e 5 m CROSS SECTION A -A' C-C' MHW EL. +0 42 MLW EL +0.00' ' ___ _.__ _ .. __ __ --- •— _-- __.., MARCH 2O16 F- I EXISTING GRADE w 5 I z0 10 EL.-12.0'MLW —� _ _ — 1— \ T MINIMUM y MAXIMUM AD EL. w I = -12.0' MLW I \ / CONNECTOR CHANNEL -20 EXTENDS TO EQUAL DEPTH CA.. RouTE AT TIME OF CONSTRUCTION 25 0 500 1000 1500 2000 2500 3000 3500 4000 4500 5000 5500 6600 6500 6 CONNECTOR CHANNEL DISTANCE ALONG SECTION (FEET) EXTENDS TO EQUAL DEPTH AT TIME OF CONSTRUCTION W w 4 z 0 1( w w 1' w INOT FOR CONSTRUCTION FOR REGULATORY REVIEW ONLY ' Nbp. DATE Eli CROSS SECTION B-B' A -A' MARCH 2O16 MHW EL. +0.42' EXISTING GRADE MLW EL. +0.00' _ ( 1L J I1 3 03 EL. -12.0' MLW MAXIMUM AD EL. _ -12.0' MLW 0 1000 125( DISTANCE ALONG SECTION (FEET) <e a< a 5 W =e 6'1 m 0 ° u y Y i 5 z O -10 oS o= -15 02 $ ° :3 i -2( -25 CROSS SECTION C-C' AA a 5 5 5 a s A MARCH 2O16 't+ Fos m MHW EL. +0.42' EXISTING GRADE ° ° -- -- ° m P. MLW EL. +0.00' RECEIVE w Y U SW C¢ -5 5 -5 NOV 3 0 Z016 _ ° 1 I DCM- MHD Y -10 -10 //1 3 3 -10 Q EL. -12.0' MLW W > a2 -15 w -15 -15 MAXIMUM AD EL. — -12.0' MLWa ��` aZ _�0: -20 -20 -20 1 129 z w 250 0 500 1000 1250 �� r o ' $ DISTANCE ALONG SECTION (FEET) > u `\\\ �. u 0 z 0 2.5 5 0 250 500 XS-1 VERTICAL GRAPHIC SCALE IN FT HORIZONTAL GRAPHIC SCALE IN FT SHEET 4 OF , i D • DARE COUNTY, NORTH CAROLINA SHEETINDEX I COVER SHEET 2 PROJECT OVERVIEW 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, (NAD83). 2. ELEVATIONS ARE REFERENCED TO MLW. 3. DATE OF AERIAL PHOTOGRAPHY: JULY, 2016. 4. SURVEY DATA COLLECTED BY USACE. MARCH 8-10, 2016. LEGEND 0 7500 15000 '! GRAPHIC SCALE IN FT MEAN LOW LINE �. ©© MEAN HIGH WATER LINE — _ — — CROSS SECTION LINE — ----- �Yy� DREDGE AREA i - RALEIGH 0 HAT-03-V-18 HATTERAS INLET BORINGS 2003 AND ID O�NPrya GPF a CAPE HATTERAS NEARSHORE DISPOSAL AREA d, CHARLOTTE N PROJECT LOCATION " MOREHEAD CITY JACKSONVILLE• CAPE LOOKOUT 1 SUBMERGED AQUATIC VEGETATION AND 100FT. BUFFET ASBUILT EXISTING CABLE ROUTE (CALDWELL CABLE VENTURES) DECEIVED N.T.S. CAPE FEAR EXISTING CABLE ROUTE (UTLITY ELECTRICAL CONSULTANTS, PC) wa ASBUILT NEW CABLE ROUTE NOV 2 1 2016 o'z a p ATLANTIC wa OCEAN DCM- MHD CITY =o �o �z h �, �z w z0 V —O aw rcm u 'J ra �O NOT FOR CONSTRUCTION r - ' � Il a x FOR REGULATORY REVIEW ONLY CS-1 A N a DATE I I s EE- I n= 4 � I vMR 1 �\,--- CONNECTOR 1; CHANNEL CORRIDOR fl PAMLICO SOUND \ t y _ PROPOSED CONNECTOR / CHANNEL (SEE NOTE) 1 N ( HAT-O V-16 N / � THAT-03-V-6 r HAT-03-V-7 A HAT-03-V-9-0 () HAT-03-V-8 HAT 03-V-10 O HAT-03-V-11 ` HAT-03-V-13' HAT-03-V-17 QHAT 03 V-12 l` \ 1 Q HAT-033-V-14I r- HAT-03-V-15 =i \ HAT-03-V-18 I 44 I HAT-03-V-19 H� N ET TTERAS i OCRACKOKE N 537000 ! ;j \ J r� It 1 j r NEARSHORE DISPOSAL LOCATION NOT FOR CONSTRUCTION IN 532000 FOR REGULATORY REVIEW ONLY m lam .. (oo HATTERAS RECEIVED NOV 21 2016 DCM- MHD CITY z � 3700 o 1000 o GRAPHIC SCALE IN FT PROPOSED CONNECTOR CHANNEL IS NOT FIXED AND RATHER FOLLOWS DEEP WATER AT TIME OF MAINTENANCE. AND/OR A PREVIOUSLY DREDGED CHANNEL FOOTPRINT. LOCATION �15290 SHOWN IS REPRESENTATIVE ONLY AND WILL Im CHANGE BASED ON BATHYMETRY AT TIME OF Ito MAINTENANCE. 0 ,g U W Q ao Ws 3 iu w Ail w 12o w zz o a W 2 W =S w u WF� W F a PV-1 PAMLICO SOUND 0 250 sop GRAPHIC SCALE IN FT -7 5 _ -3 \ _ s � -19 -4 1 PROPOSED CONNECTOR CHANNEL (SEE NOTE) 4 1 _6 s NOTE: a PROPOSED CONNECTOR CHANNEL IS NOT 5 �� FIXED AND RATHER FOLLOWS DEEP WATER \ ? AT TIME OF MAINTENANCE. AND/OR A °o ao PREVIOUSLY DREDGED CHANNEL FOOTPRINT. DECEIVE i LOCATION SHOWN IS REPRESENTATIVE ONLY 4 q F . ` 31 uu z AND WILL CHANGE BASED ON BATHYMETRY NOV S 1 2016 Zo w AT TIME OF MAINTENANCE. , <= a; Ko NU Z TTERa NOT FOR CONSTRUCTION e a d IET FOR REGULATORY REVIEW ONLY OCRACKOKE - - ('J•I 01A NG No. 0 ISLAND � ' � PV-2 kame DOTE - ` S EE7 : OF a CROSS SECTION A -A' B-B' C-C' MHW EL. +0.42' MARCH 2O16 w I EXISTING GRADELJJ 1 — LL z / EL.-12.0'MLW C Q � / 3' MINIMUM � y MAXIMUM AD EL. \ / -12.0' MLW CONNECTOR CHANNEL I �� -20 EXTENDS TO EQUAL DEPTH CABLE ROUTE AT TIME OF CONSTRUCTION -25 ' NOT FOR CONSTRUCTION FOR REGULATORY REVIEW ONLY F= w w w z 0 Q w w —1 w CONNECTOR CHANNEL EXTENDS TO EQUAL DEPTH AT TIME OF CONSTRUCTION CROSS SECTION B-B' A -A' 5 MARCH '016 MHW EL. t0.42' EXISTING GRADE 0 MLW EL. +0.00' — 1 L ' J 1 10 3 3 EL. -12.0' MLW 151 I MAXIMUM AD E = -12.0' MLW DISTANCE ALONG SECTION (FEET) DISTANCE ALONG SECTION (FEET) 5 o W w w Z -10 w . -15 w L 1250 20 5 0 -5 -10 -15 _9n CROSS SECTION C-C' A -A' MARCH 1016 MHW EL._+0.42' EXISTING GRADE MLW EL. +0.00'I 11 1 IIJ 3 3I El. -12.0' MLW MAXIMUM AD = -12.0' MLW DISTANCE ALONG SECTION (FEET) 5 0 -5 -10 s ix as W 5ro sg z W 0 p� m = L -5 = z' S t boa -10 h o y o z CI 8-15 00 �? U e3 s -20 -25 RECEIVED NOV 21 2016 DCM- MHD CITY -15 20 0� 2.5_5 0 250 Soo VERTICALGRAPHIC SCALE IN FT HORIZONTAL GRAPHIC SCALE IN FT U 020 z ao d. J w ZO zz 0 9z zu z zO m �Z FN Wj 00 J1 U N U z K K Lea 0 a x XS-1 SHEET 4 Of a L—