HomeMy WebLinkAbout129-16 Minor Mod 2018 Dare County Inlet DredgingPermit Class
MODIFICATION/MINOR
Permit Number
129-16
STATE OF NORTH CAROLINA
Department of Environmental Quality
and .
Coastal Resources Commission
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 &c Hatteras Inlet complex
adj. to the NE tip of Ocracoke Island as requested in the permittee's letter dated 2/9/18 and addendum dated 3/5/18,
including attached workplan drawings (6) CS-1, PV-1, PV-2, XS-1 dated 2/9/18, Hydrographic Survey dated 2/15/18, Fig 1 dated 3/2/18.
This permit, issued on March 14, 2018 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. ,
1) All conditions and stipulations of the active permit No. 129-16, issued 12/20/16, remain in force
unless specifically altered herein,
2) In order to protect threatened and endangered species and to minimize adverse impacts to offshore,
nearshore, and intertidal resources, no excavation activities, including mobilization and
demobilization, shall occur form April 1 to September 30 of any year without prior approval form the
Division of Coastal Management in consultation with appropriate resource agencies.
(See attached sheet for additional conditions)
This permit action may be appealed by the permittee or other
qualified persons within twenty (20) days of the issuing date.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2019
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DEQ and the
Chairman of the Coastal Resources Commission.
Br tton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
Dare County
ADDITIONAL CONDITIONS
Permit No.129-16
Page 2 of 2
3) Unless specifically altered herein, this Minor Modification authorizes expansion of the connector
channel to a width of 200 feet, and the expansion of the project area, all as expressly and specifically set
forth in the attached letter and workplan drawings. Any additional development activities may require a
modification of this permit.
4) This permit modification authorizes the one time use of an in -water temporary disposal site as depicted
in the attached email correspondence dated 2/28/18 and workplan drawing dated 2/15/18. This one time
in -water temporary disposal is authorized for amaximum volume of 500cy. Spoil must be transported
to the authorized offshore disposal site once the shoal is to an acceptable depth for safe dredge
operation.
Cultural Resource Protection
5) If substantial archaeological resources are encountered for any dredging event, the'permittee shall
immediately stop work and notify the NC Division of Coastal Management at (252) 946-6481.
General
6) The permittee shall obtain any necessary authorizations or approvals from the US 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.
7) This Minor Modification shall be attached to the original Permit No. 129-16, which was issued on
12/20/16, and copies of both documents must be readily available on site when Division personnel
inspect the project for compliance.
NOTE: The Division of Water Resources assigned the proposed project DWR Project No. 13-1279 V3.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project by way of Individual Permit
(SAW Action Id. No. 2016-02140) which was re -issued on 3/5/2018.
NOTE: A minor modification application processing fee of $100 was received by DCM for this project.
Coastal Management
ENVIRONMENTAL QUALITY
March 14, 2018
Dare Co.
954 Marshall C. Collins Dr.
Manteo, NC 27954
Dear Sir or Madam:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
The enclosed permit constitutes authorization under the Coastal Area Management Act, and
where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The
original (buff -colored form) is retained by you and it must be available on site when the project is
inspected for compliance. Please sign both the original and the copy and return the copy to this office in
the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal
described below.
If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS
113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter
150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 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,
71/ "�
Do las V. Huggett
Major Permits Manager
N.C. Division of Coastal Management
State of North Carolina I Environmental Quality I Coastal Management
Morehead City Office 1 400 Commerce Avenue I Morehead City, NC 28557
2528082808
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Ken Willson
Program Manager
Aptim Coastal Planning & Engineering of North
Carolina, Inc.
APTIM
March 5, 2018
Steve Trowell
Division of Coastal Management
North Carolina Department of Environmental Quality
943 Washington Square Mall
Washington, NC 27889
Subject: Dare County Hatteras Inlet Channel Maintenance Project: Modification #lA
Dear Mr. Trowell;
4038 Masonboro Loop Road
Wilmington, North Carolina
Tel: +1 910-791-9494
Ken.Willson@aptim.com
In 2016, Dare County sought permission to conduct maintenance dredging of the Hatteras Inlet Connector Channel
as needed on a year-round basis, in the same manner that the USACE maintains Rollinson Channel, the Hatteras to
Hatteras Inlet Connector Channel, and the other federally authorized navigation channels throughout the state. A
Major CAMA Permit (#129-16) was subsequently issued by the State of North Carolina Division of Coastal
Management (DCM) to Dare County in December 2016 for the maintenance of the connector channel. This permit
prohibits maintenance activities from April 1 to September 30 without prior approval from the DCM in consultation
with appropriate resource agencies. A DOA permit (SAW-2016-02140) was also subsequently issued to Dare County
for the proposed action in March 2017. The DOA permit included a special condition under the heading "ESA"
prohibiting maintenance of the channel from April I to September 30 without notification to the Corps of Engineers
Regulatory Division in coordination with the appropriate resource agencies. Since the permits were issued, Dare
County has coordinated with the DCM and US Army Corps of Engineers (USACE) twice to obtain relief from the
dredge window, which allowed for dredge operations in May and September of 2017, respectively. The County is
currently coordinating additional events scheduled to occur in March 2018.
APTIM, on behalf of Dare County, previously submitted a permit modification request to allow for a widening of the
authorized channel from 100 ft to 200 ft. in order to minimize the possibility that dredging will be required during the
moratorium established by federal and state permits. Through recent conversations with USACE Navigation Branch
staff, we've been made aware that the condition of the proposed channel as of January 25t", was such that in order to
complete the dredging of the channel in the time budgeted, the USACE has requested the use of a temporary disposal
site located approximately 500 ft west of the proposed channel. This will allow the dredge and crew to efficiently
excavate a pilot channel across the shoal.
The proposed plan is to dredge on the south side of the channel during the initial days of dredging and temporarily
dump approximately 500 cubic yards in the temporary disposal site indicated on the attached map. The attached
drawing illustrates the proposed channel as well as the proposed temporary disposal site. The USACE has stated that
within 4 to 5 days of commencing dredging, they expect to be able to dredge material dropped in the disposal site and
transport it to the permitted offshore disposal site.
/ The USACE is prcygsing12 hour operations for the dredge due to current staffing. This requires the ship to return
to dock each evening. If the dredge were to work on the north side of the shoal and dredge south to open a channel
across the shoal, the vessel would likely be trapped in the channel for several days while they opened the pilot channel.
Therefore dredging from north to south across the shoal is not feasible.
All other activities and conditions as specified in the existing permits and the previously requested permit modifications
dated February 9, 2018, would persist. As specified in the existing permits, the channel position would not be maintained
within a "fixed" location, but rather it would follow deep water at the time maintenance is required. In addition,
maintenance activities would continue to utilize the USACE dredges (sidecast and special purpose) to conduct
Connector Channel maintenance. Dredging activities would be performed by USACE-owned dredge plants and limited
to the area within Connector Channel Corridor domain, as depicted in the original permit drawings (and attached here).
The purpose of this request is to minirnize the number of requests for relief to dredge within the dredge moratorium
(April lthroguh September 30). In doing so, the proposed modification is expected to ultimately result in positive
impacts to the natural resources otherwise at risk during dredging events taking place outside of the environmental
window.
Please contact me anytime should you have any questions or need anything in addition.
Sincerely,
APTIM CO TAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC.
Kenneth Willson
Agent, APTIM
Enclosures: Engineering drawings: MARCH 2O18 EVENT HATTERAS INLET MAINTENANCE PROJECT
DARE COUNTY, NORTH CAROLINA APPROXIMATE TEMPORARY DISPOSAL AREA.
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APTIM
February 9, 2018
Steve Trowell
Brad Rosov
Senior Scientist
Aptim Coastal Planning & Engineering ojNorth
Carolina, Inc.
4038 Masonboro Loop Road
Wilmington, North Carolina
Tel: +1 910-791-9494
Brad.Rosov@aptim.com
RECEIVED
FEB 2 2 2018
Division of Coastal Management
North Carolina Department of Environmental Quality DCM- NIHD CITY
943 Washington Square Mall
Washington, NC 27889
Subject. Dare County Hatteras Inlet Channel Maintenance Project: Modification #1
Dear Mr. Trowell:
In 2016, Dare County sought permission to conduct maintenance dredging of the Hatteras Inlet Connector Channel
as needed on a year-round basis, in the same manner that the USACE maintains Rollinson Channel and the Hatteras
to Hatteras Inlet Connector Channel, as well as other federally authorized navigation channels throughout the state.
A Major CAMA Permit (#129-16) was subsequently issued by the State of North Carolina Division of Coastal
Management (DCM) to Dare County in December 2016 for the maintenance of the connector channel. This permit
prohibits maintenance activities from April 1 to September 30 without prior approval from the DCM in consultation
with appropriate resource agencies. A DOA permit (SAW-2016-02140) was also subsequently issued to Dare County
for the proposed action in March 2017. The DOA permit included a special condition under the heading "FSA"
prohibiting maintenance of the channel from April 1 to September 30 without notification to the Corps of Engineers
Regulatory Division in coordination with the appropriate resource agencies. Since the permits were issued, Dare
County has coordinated with the DCM and US Army Corps of Engineers (USACE) twice to obtain relief from the
dredge window, which allowed for dredge operations in May and September of 2017, respectively. The County is
currently coordinating additional events scheduled to occur between now and early spring.
In order to conduct advanced maintenance dredging of the connector channel and minimive the need to request relief
from the USACE and DCM for future maintenance events conducted between April 1 and September 30, Dare
County is requesting the modification of both the DOA Permit (SAW-2016-02140) and Major CAMA. Permit (#129-
16) to increase the allowable width of the channel from 100' to 200'. This modification is expected to allow the
County in cooperation with the NC Division of Water Resources and the USACE to conduct advanced maintenance
dredging as time and financial resources permit This is the only modification being requested at this time and the
County is not requesting a change to the permitted depth of -12.0 ft. MLW.
Since the initial design of the proposed channel, the inlet gorge appears to be migrating to the east (toward Hatteras
Island). In laying out the proposed channel locations for recent dredging events, it appears that the eastern end of the
channel is approaching the eastern boundary of the Connector Channel Corridor. Dare County is also requesting that
the Connector Channel Corridor be expanded so as to include the location of the inlet gorge and ensure that
maintenance of the proposed channel is confined within the approved corridor. As required in Condition #8 of the
Major CAMA Permit #129-16 and Condition #7 of the DOA permit SAW-2016-02140, an underwater archeological
survey vWbe conducted by a qualified archeologist prior to the dredging of any previously "un-dredged areas"
identified by the Division of Coastal Management.
All other activities and conditions as specified in the existing permits would persist. As specified in the existing permits,
the channel position would not be maintained within a "fixed" location, but rather it would follow deep water at the
time maintenance is required. In addition, maintenance activities would continue to utilize the USACE dredges (sidecast
and special purpose) to conduct Connector Channel maintenance. Dredging activities would be performed by USACE-
owned dredge plants and limited to the area within Connector Channel Corridor domain, as depicted in the original
permit drawings (and attached here). 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). During the
October 2017 maintenance event, approximately 47,000 cubic yards of material was excavated by the dredge. In light
of the proposed increase in channel width from 100' to 200', future dredge events within the same location would entail
dredging approximately 100,000 cubic yards of material. Again, it is not possible to determine the volume of material
required for future dredge events due to the fact that the deep water may meander from its current location. The
nearshore disposal site will remain located approximately 1500 in from the north end of the island, in approximately -
10 ft. MLW. This depth is considered well within the active littoral system and within the depth of closure.
As stated above, the purpose of the request is to minimize the number of requests for relief to dredge within the dredge
moratorium (April 1 throguh September 30). In doing so, the proposed modification should ultimately result in positive
impacts to the natural resources otherwise at risk during dredging events taking place outside of the environmental
window.
Attached are draft engineering drawings showing the previously permitted channel (100-foot width) and the proposed
widened channel (200-foot width). Also shown on the drawings is the footprint of the proposed expansion of the
Connector Channel Corridor. Please contact me anytime should you have any questions or need anything in addition.
Sincerely,
APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC.
Brad Rosov
Agent, APTIM
OQk 422018
Np C�Ty
Enclosures: Draft engineering drawings: Hatteras Inlet Maintenance Project Dare County, North Carolina, Permit
Modification #1, dated February 9, 2018.
Coastal Nlanaaemer-
EI' RONMEN aL
DATE: 15 February 2018
To: Lance Winslow, NC DOT Ferry Division
Cc: Gregg Bodnar, Asst. Major Permits Coordinator
FROM: Steve Trowell, DCM
THROUGH: Jonathan Howell, District Manager S tti
SUBJECT: STATE PERMIT NO. 129-16 MINOR MODIFICATION
Dare County Hatteras Inlet Connector Channel Maintenance
ROY COOPER
MICHAEL S. REGAN
BRAXTON C. DAVIS
RRCEI�ED
FEB 2 2 2018
DCA4, MHD c,T Y
By copy of this memo, DCM is requesting that the NC DOT Ferry Division provide any comment you
may have on the proposed project to Gregg Bodnar, Asst. Major Pennits Coordinator for DCM.
Please send any comments your agency may have to Gregg Bodnar at the DCM Morehead City
Headquarters office within 14 days of the receipt of this memo.
Please find enclosed correspondence dated 9 February 2018 from Brad Rosov, Agent, APTIM, for Dare
County, requesting a permit modification. State Permit No. 129-16 was issued on 20 December 2016 for the
maintenance dredging of a 100' wide'connecto( channel to the Hatteras inlet gorge within a prescribed box
to follow the deepest channel at the time of the dredging event. The "dredge box" is located on the Hyde
County side of Hatteras inlet. To date, there are two different channels that have experienced a maintenance
dredge event since issuance of the permit. These dredge events were conducted last year in the dredge box
authorized by this permit. The first dredge event was undertaken in May and required relief from the 1 April
to September 30 dredge moratorium dates. This dredge event took place in the channel on the north side of
the dredge box and was completed on 15 May 2017. This channel quickly shoaled in which necessitated a
second dredge event in a different location. The second dredge event took place in the channel on the south
side of the dredge box and also required moratorium relief. The moratorium relief granted for the second
dredge event was for "no more than 10 consecutive days of dredging' and was undertaken in September
2017. Both dredge events utilized the USACOE sidecast dredge'Meritt'.
Dare County is currently requesting to modify the permit to widen the width of the authorized channel from
1 00'to 200' and to expand Connector Channel Corridor on the eastern end to include the location of the inlet
gorge. The stated purpose and need for the wider channel is to lessen the frequency of maintenance
excavation events and to reduce or eliminate dredge moratorium relief requests. The proposed methodology
and permitted depth of -17 MLW remains unchanged. Please contact Gregg Bodnar at the Morehead City
District office ((252) 808-2808) if you have any questions.
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943WUhM=Sq=+2113il Wagwaj NC27889
2529466481
Coastal Management
ENVIRONMENTAL QUALITY
DATE: 15 February 2018
To: Maria Dunn, NC WRC
Cc: Gregg Bodnar, Asst. Major Permits Coordinator
FROM: Steve Trowell, DCM
THROUGH: Jonathan Howell, District Manager
SUBJECT: STATE PERMIT NO. 129-16 MINOR MODIFICATION
Dare County Hatteras Inlet Connector Channel Maintenance
ROY COOPER
-nsmv„r
MICHAEL S. REGAN
SanUmy
BRAXTON C. DAVIS
Director
iEH2922018
MHD CITY
By copy of this memo, DCM is requesting that the NC WRC provide any comment you may have on
the proposed project to Gregg Bodnar, Asst. Major Permits Coordinator for DCM.
Please send any comments your agency may have to Gregg Bodnar at the DCM Morehead City
Headquarters office within 14 days of the receipt of this memo.
Please find enclosed correspondence dated 9 February 2018 from Brad Rosov, Agent, APTIM, for Dare
County, requesting a permit modification. State Permit No. 129-16 was issued on 20 December 2016 for the
maintenance dredging of a 1 00'wide "connector" channel to the Hatteras inlet gorge within a prescribed box
to follow the deepest channel at the time of the dredging event. The "dredge box" is located on the Hyde
County side of Hatteras inlet. To date, there are two different channels that have experienced a maintenance
dredge event since issuance of the permit. These dredge events were conducted last year in the dredge box
authorized by this permit. The first dredge event was undertaken in May and required relief from the 1 April
to September 30 dredge moratorium dates. This dredge event took place in the channel on the north side of
the dredge box and was completed on 15 May 2017. This channel quickly shoaled in which necessitated a
second dredge event in a different location. The second dredge event took place in the channel on the south
side of the dredge box and also required moratorium relief. The moratorium relief granted for the second
dredge event was for "no more than 10 consecutive days of dredging" and was undertaken in September
2017. Both dredge events utilized the USACOE sidecast dredge "Merritt".
Dare County is currently requesting to modify the permit to widen the width of the authorized channel from
100' to 200' and to expand Connector Channel Corridor on the eastern end to include the location of the inlet
gorge. The stated purpose and need for the wider channel is to lessen the frequency of maintenance
excavation events and to reduce or eliminate dredge moratorium relief requests. The proposed methodology
and permitted depth of -12' MLW remains unchanged. Please contact Gregg Bodnar at the Morehead City
District office ((252) 808-2808) if you have any questions.
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2329466491
Coastal Management
ENVIRONMENTAL QUALITY
DATE: 15 February 2018
To: Anthony Scarbraugh, NC DWR
Cc: Gregg Bodnar, Asst. Major Permits Coordinator
FROM: Steve Trowell, DCM
THROUGH: Jonathan Howell, District Manager
SUBJECT: STATE PERMIT NO. 129-16 MINOR MODIFICATION
Dare County Hatteras Inlet Connector Channel Maintenance
ROY COOPER
t/nsemor
MICHAEL S. REGAN
Srcretm)
BRAXTON C. DAVIS
Director
By copy of this memo, DCM is requesting that the NC DWR provide any comment you may have on
the proposed project to Gregg Bodnar, Asst. Major Permits Coordinator for DCM.
Please send any comments your agency may have to Gregg Bodnar at the DCM Morehead City
Headquarters office within 14 days of the receipt of this memo.
Please find enclosed correspondence dated 9 February 2018 from Brad Rosov, Agent, APTIM, for Dare
County, requesting a permit modification. State Permit No. 129-16 was issued on 20 December 2016 for the
maintenance dredging of a 100' wide "connector' channel to the Hatteras inlet gorge within a prescribed box
to follow the deepest channel at the time of the dredging event. The "dredge box' is located on the Hyde
County side of Hatteras inlet. To date, there are two different channels that have experienced a maintenance
dredge event since issuance of the permit. These dredge events were conducted last year in the dredge box
authorized by this permit. The first dredge event was undertaken in May and required relief from the 1 April
to September 30 dredge moratorium dates. This dredge event took place in the channel on the north side of
the dredge box and was completed on 15 May 2017, This channel quickly shoaled in which necessitated a
second dredge event in a different location. The second dredge event took place in the channel on the south
side of the dredge box and also required moratorium relief. The moratorium relief granted for the second
dredge event was for "no more than 10 consecutive days of dredging" and was undertaken in September
2017. Both dredge events utilized the USACOE sidecast dredge "Merritt".
Dare County is currently requesting to modify the permit to widen the width of the authorized channel from
100' to 200' and to expand Connector Channel Corridor on the eastern end to include the location of the inlet
gorge. The stated purpose and need for the wider channel is to lessen the frequency of maintenance
excavation events and to reduce or eliminate dredge moratorium relief requests. The proposed methodology
and permitted depth of -12' MLW remains unchanged. Please contact Gregg Bodnar at the Morehead City
District office ((252) 808-2808) if you have any questions.
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943 Nah'ngt=Sgmro Mill I %%Id in6mgNC 27989
2529466431
Coastal Management
IENVIRONNENTA OUAUTY
DATE: 15 February 2018
To: Renee Gledhill -Early, NC SHPO
Cc: Gregg Bodnar, Asst, Major Permits Coordinator
FROM: Steve Trowell, DCM
THROUGH: Jonathan Howell, District Manager
SUBJECT: STATE PERMIT NO. 129-16 MINOR MODIFICATION
Dare County Hatteras Inlet Connector Channel Maintenance
ROY COOPER
MICHAEL S. REGAN
1,m,lwl
BRAXTON C. DAVIS
Dire, tor
RF `7-1VED
�`-9,22018
- MHD CITY
By copy of this memo, DCM is requesting that the NC SHPO provide any comment you may have on
the proposed project to Gregg Bodnar, Asst. Major Permits Coordinator for DCM.
Please send any comments your agency may have to Gregg Bodnar at the DCM Morehead City
Headquarters office within 14 days of the receipt of this memo.
Please find enclosed correspondence dated 9 February 2018 from Brad Rosov, Agent, APTIM, for Dare
County, requesting a permit modification. State Permit No. 129-16 was issued on 20 December 2016 for the
maintenance dredging of a 100' wide "connector" channel to the Hatteras inlet gorge within a prescribed box
to follow the deepest channel at the time of the dredging event. The "dredge box" is located on the Hyde
County side of Hatteras inlet. To date, there are two different channels that have experienced a maintenance
dredge event since issuance of the permit. These dredge events were conducted last year in the dredge box
authorized by this permit. The first dredge event was undertaken in May and required relief from the 1 April
to September 30 dredge moratorium dates. This dredge event took place in the channel on the north side of
the dredge box and was completed on 15 May 2017. This channel quickly shoaled in which necessitated a
second dredge event in a different location. The second dredge event took place in the channel on the south
side of the dredge box and also required moratorium relief. The moratorium relief granted for the second
dredge event was for °no more than 10 consecutive days of dredging" and was undertaken in September
2017. Both dredge events utilized the USACOE sidecast dredge "Merritt".
Dare County is currently requesting to modify the permit to widen the width of the authorized channel from
100' to 200' and to expand Connector Channel Corridor on the eastern end to include the location of the inlet
gorge. The stated purpose and need for the wider channel is to lessen the frequency of maintenance
excavation events and to reduce or eliminate dredge moratorium relief requests. The proposed methodology
and permitted depth of -12' MLW remains unchanged. Please contact Gregg Bodnar at the Morehead City
District office ((252) 808-2808) if you have any questions.
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Coastal Management
ENVIRONMENTAL QUALITY
DATE:15 February 2018
To: Josh Pelletier, USACOE
Cc: Gregg Bodnar, Asst. Major Permits Coordinator
FROM: Steve Trowell, DCM
THROUGH: Jonathan Howell, District Manager
SUBJECT: STATE PERMIT NO. 129-16 MINOR MODIFICATION
Dare County Hatteras Inlet Connector Channel Maintenance
ROY COOPER
ioremnr
MICHAEL S. REGAN
Seurefan
BRAXTON C. DAVIS
Director
R!7-- VED
a, 2 2018
DCIV'f_. MHD CITY
By copy of this memo, DCM is requesting that the USACOE provide any comment you may have on
the proposed project to Gregg Bodnar, Asst Major Permits Coordinator for DCM.
Please send any comments your agency may have to Gregg Bodnar at the DCM Morehead City
Headquarters office within 14 days of the receipt of this memo.
Please find enclosed correspondence dated 9 February 2018 from Brad Rosov, Agent, APTIM, for Dare
County, requesting a permit modification. State Permit No. 129-16 was issued on 20 December 2016 for the
maintenance dredging of a 100' wide "connector" channel to the Hatteras inlet gorge within a prescribed box
to follow the deepest channel at the time of the dredging event. The "dredge box' is located on the Hyde
County side of Hatteras inlet. To date, there are two different channels that have experienced a maintenance
dredge event since issuance of the permit. These dredge events were conducted last year in the dredge box
authorized by this permit. The first dredge event was undertaken in May and required relief from the 1 April
to September 30 dredge moratorium dates. This dredge event took place in the channel on the north side of
the dredge box and was completed on 15 May 2017. This channel quickly shoaled in which necessitated a
second dredge event in a different location. The second dredge event took place in the channel on the south
side of the dredge box and also required moratorium relief. The moratorium relief granted for the second
dredge event was for "no more than 10 consecutive days of dredging" and was undertaken in September
2017. Both dredge events utilized the USACOE sidecast dredge "Merritt".
Dare County is currently requesting to modify the permit to widen the width of the authorized channel from
1 00'to 200' and to expand Connector Channel Corridor on the eastern end to include the location of the inlet
gorge. The stated purpose and need for the wider channel is to lessen the frequency of maintenance
excavation events and to reduce or eliminate dredge moratorium relief requests. The proposed methodology
and permitted depth of -12' MLW remains unchanged. Please contact Gregg Bodnar at the Morehead City
District office ((252) 808-2808) if you have any questions.
�''Nothinq Compares`- -
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943WwhuVemSgo .\lA1l Wa.hagko NC:'S®
'52 9466491
Coast?((an agemenr
3NVIRONMENTAL OUAUTV
DATE: 15 February 2018
To: Shane Staples, NC DCM
Cc: Gregg Bodnar, Asst. Major Permits Coordinator
FROM: Steve Trowell, DCM
ROY COOPER
h"!„",
MICHAEL S. REGAN
1,,M1 n
BRAXTON C. DAVIS
OPector
RECEIVED
FEB 2 2 2018
THROUGH: Jonathan Howell, District Manager
DCM- MHD CITY
SUBJECT: STATE PERMIT NO. 129-16 MINOR MODIFICATION
Dare County Hatteras Inlet Connector Channel Maintenance
By copy of this memo, DCM is requesting that the NC DCM Fishery Habitat Specialist provide any
comment you may have on the proposed project to Gregg Bodnar, Asst. Major Permits Coordinator
for DCM.
Please send any comments your agency may have to Gregg Bodnar at the DCM Morehead City
Headquarters office within 14 days of the receipt of this memo.
Please find enclosed correspondence dated 9 February 2018 from Brad Rosov, Agent, APTIM, for Dare
County, requesting a permit modification. State Permit No. 129-16 was issued on 20 December 2016 for the
maintenance dredging of a 100' wide "connector' channel to the Hatteras inlet gorge within a prescribed box
to follow the deepest channel at the time of the dredging event. The "dredge box" is located on the Hyde
County side of Hatteras inlet. To date, there are two different channels that have experienced a maintenance
dredge event since issuance of the permit. These dredge events were conducted last year in the dredge box
authorized by this permit. The first dredge event was undertaken in May and required relief from the 1 April
to September 30 dredge moratorium dates. This dredge event took place in the channel on the north side of
the dredge box and was completed on 15 May 2017. This channel quickly shoaled in which necessitated a
second dredge event in a different location. The second dredge event took place in the channel on the south
side of the dredge box and also required moratorium relief. The moratorium relief granted for the second
dredge event was for "no more than 10 consecutive days of dredging" and was undertaken in September
2017. Both dredge events utilized the USACOE sidecast dredge "Merritt".
Dare County is currently requesting to modify the permit to widen the width of the authorized channel from
100' to 200' and to expand Connector Channel Corridor on the eastern end to include the location of the inlet
gorge. The stated purpose and need for the wider channel is to lessen the frequency of maintenance
excavation events and to reduce or eliminate dredge moratorium relief requests. The proposed methodology
and permitted depth of -12' MLW remains unchanged. Please contact Gregg Bodnar at the Morehead City
District office ((252) 808-2808) if you have any questions.
-5�'-'Nothinq Compares`%
3mofNa&Cmdi.. En.i Wa1Q9aWtCmtWNlaoax.t
943 Wnhigm S qm NIa3 I Wadmee4 YC 27339
2529"6431
Coastal Management
ENVIRONMENTAL QUALITY
DATE: 15 February 2018
To: Lance Winslow, NC DOT Ferry Division
Cc: Gregg Bodnar, Asst. Major Permits Coordinator
FROM: Steve Trowell, DCM
THROUGH: Jonathan Howell, District Manager
SUBJECT: STATE PERMIT NO. 129-16 MINOR MODIFICATION
Dare County Hatteras Inlet Connector Channel Maintenance
ROY COOPER
i lnn•n,,,r
MICHAEL S. REGAN
BRAXTON C. DAVIS
Director
RECEIVED
FEB 2 2 2018
DCM- MHD CITY
By copy of this memo, DCM is requesting that the NC DOT Ferry Division provide any comment you
may have on the proposed project to Gregg Bodnar, Asst, Major Permits Coordinator for DCM.
Please send any comments your agency may have to Gregg Bodnar at the DCM Morehead City
Headquarters office within 14 days of the receipt of this memo.
Please find enclosed correspondence dated 9 February 2018 from Brad Rosov, Agent, APTIM, for Dare
County, requesting a permit modification. State Permit No. 129-16 was issued on 20 December 2016 for the
maintenance dredging of a 100' wide "connector' channel to the Hatteras inlet gorge within a prescribed box
to follow the deepest channel at the time of the dredging event. The "dredge box' is located on the Hyde
County side of Hatteras inlet. To date, there are two different channels that have experienced a maintenance
dredge event since issuance of the permit. These dredge events were conducted last year in the dredge box
authorized by this permit. The first dredge event was undertaken in May and required relief from the 1 April
to September 30 dredge moratorium dates. This dredge event took place in the channel on the north side of
the dredge box and was completed on 15 May 2017. This channel quickly shoaled in which necessitated a
second dredge event in a different location. The second dredge event took place in the channel on the south
side of the dredge box and also required moratorium relief. The moratorium relief granted for the second
dredge event was for "no more than 10 consecutive days of dredging" and was undertaken in September
2017. Both dredge events utilized the USACOE sidecast dredge "Merritt".
Dare County is currently requesting to modify the permit to widen the width of the authorized channel from
100' to 200' and to expand Connector Channel Corridor on the eastern end to include the location of the inlet
gorge. The stated purpose and need for the wider channel is to lessen the frequency of maintenance
excavation events and to reduce or eliminate dredge moratorium relief requests. The proposed methodology
and permitted depth of -12' MLW remains unchanged. Please contact Gregg Bodnar at the Morehead City
District office ((252) 808-2808) if you have any questions.
!'-^Nothinq Compares_
SmofNa&Caohaa EnM�tWQw6ty1Ca.01MR=,S t
943 Wahn=Sq. Nhn I Wk hmpoq NC 27939
2529466481
9ceived From: —
ermit No... ---j
.ppiicant's Name:
)roject Address:
r-
NC Divisjon of Coastal Management
Cashier's official Receipt
r
l
5238 ASt n
Date:_ ' 20
6a
$ �W
Check No-:
County:
t for your records as pro Payment for permit issued.
Please retain recelp
_ Date: ------
��
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
Washington Regulatory Field Office
2407 West 5' Street
Washington, North Carolina 27889
IN REPLY REFER TO
March 5, 2018
Regulatory Division
Action ID No. SAW-2016-02140
Mr. Robert Outten
Dare County Manager
954 Marshall C Collins Drive
Manteo, North Carolina 27954
Dear Mr. Outten:
Please reference the Department of the Army permit issued to you on March 1, 2017, and
your written request of February 9, 2018, for permit modification to increase the allowable
dredge width of the channel from 100 feet to 200 feet wide and to extend the Connector Channel
corridor to include the location of the inlet gorge located within Hatteras Inlet, North Carolina.
The permit is hereby modified to include the work as shown on the enclosed plan. It is
understood that all conditions of the original permit remain applicable and that the expiration
date is unchanged.
FOR THE COMMANDER,
David M. Lekson, PWS
Chief, Washington Regulatory Field Office
RECEIVED
MAR 0 7 2018
DCM-. MHD CITY
Enclosure
Copies Furnished with enclosure:
Chief, Source Data Unit
NOAA/National Ocean Service
1315 East-West Hwy, Room 7316
Silver Spring, Maryland 20910-3282
Mr. Todd Bowers
Permit Review Specialist
Wetlands Regulatory Section
USEPA — Region 4
Sam Nunn Atlanta Federal Center
61 Forsyth Street, SW
Atlanta, Georgia 30303-8960
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Fritz Rhode
Fishery Biologist
Habitat Conservation Division -Atlantic Branch
101 Pivers Island Road
Beaufort, North Carolina 28516-9722
Mr. Doug Huggett
CAMA Major Permits Coordinator
NC Division of Coastal Management
400 Commerce Avenue
Morehead City, North Carolina 28557
RECEIVED
MAR 0 7 2018
DCM- MHD CITY
3`
HATTERAS INLET MAINTENANCE PROJECT
DARE COUNTY, NORTH CAROLINA w
w
PAMLICO SOUND SHEET INDEX `6
;- PROJECT AREA i 1 COVER SHEET z
I
2 PROJECT OVERVIEW ZZ
3 CONNECTOR CHANNEL PLAN VIEW I
i HATTERAS I 4 CONNECTOR CHANNEL CROSS SECTIONS LL
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HATTERAS GENERAL NOTES: C7 u g=
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ISLAND 1. COORDINATES ARE IN FEET BASED ON NORTH CAROLINA STATE PLANE COORDINATE SYSTEM, NORTH AMERICAN i KK
DATUMONS REREFE 6r Ss
2. ELEVATIONS ARE REFERENCED
3. DATE OF AERIAL PHOTOGRAPHY:: MARCH 2O16.
A. SURVEY DATA COLLECTED BY USACE. ]ANUARYATI 2018. S
S. JATHYMETRIC CONTOURS AND AIDS TO NAVIGATION REPRESENT THE PURPOSES.
OF THE CHANNEL ON i 1(
. EAN ]ANUARY 25, 2018 AND SHOULD NOT BE RELIED ON FOR NAVIGATION PURPOSES. a ,g
LEGEND 9° 9
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GRAPHIC 6GlF IN FL — • • — • • — MEAN LOW WATER LINE
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1 ]ACKSONNLLf • OREHEAD CITY i
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CAVE LO03(OUT ASBUILT EXISTING CABLE ROUTECABLE (CALDWELL BLE VENTURES)
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N.T.S. CAPE FEAR ASBUILT NEW CABLE ROUTE �a
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ff'
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HAT-o3-v-1e � �, _- /, NATI'ES
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7
PROPOSED CONNECTOR
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". ODIFICATION
br
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NOT FOR CONSTRUMON
FOR REGULATORY REVIEW ONLY
CULTURAL RESOURCE SURVEY AREA
COORDINATE TABLE
POINT ID I NORTH EAST
1
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2
540117.1
2968802.2
3
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_ -12.0' MLW
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DISTANCE ALONG SECTION (FEET)
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VERTICAL GRAPHIC �SCALE IN FF HORIZONTAL GRAPHIC SCALE IN FT
XS-1
1
North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Banos, Administrator
Governor Roy Cooper
Secretary Susi H. Hamilton
March 13, 2018
ul uSt.N- u
Office of Archives and History
Deputy Secretary Kevin Cherry
TO: Gregg Bodnar
Major Permits Processing Section
Division of Coastal Management
FROM: Ramona M. Bartos R&,XU6.0- µ•1Ob
SUBJECT: Minor Modification of State Permit Number 129-16, Dredging of Connector Channel Area
within Hatteras Inlet, SAW-2016-02140, Dare and Hyde County, ER 16-2031,
We received a memorandum from Steve Trowell of your Washington office regarding the above application for
minor pemut modification and would like to take this opportunity to comment.
The proposed increase of allowable channel width from 100' to 200' and the eastward expansion of the
connector channel to maintain access to the deeper water of Hatteras inlet gorge is within the area surveyed by
Tidewater Atlantic Research, Inc. in September 2017.
As the proposed permit expansion area has been previously surveyed and cleared for potentially significant
cultural resources and the applicant states there is no requested change to Condition #8 of the pemlit requiring
that "prior to the initiation of dredging activities ... outside of previously dredged areas, a comprehensive
underwater archaeological survey shall be carried out for the entire project area," our office has no objection to
the modifications as proposed.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR
Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579 or
environmental.reviewna ncdcr.gov. In all future communication concerning this project, please cite the above
referenced tracking number.
cc: Brad Rosov, Aptim CP&-E of NC, Inc.
Steve Trowell, Division of Coastal Management
I.ocation, 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephum/Fax: (919) 807-6570/807-6599
Bodnar, Gregg
From:
Sent:
To:
Cc:
Subject:
Gregg,
Scarbraugh, Anthony
Wednesday, February 28, 2018 7:21 AM
Bodnar, Gregg
Pelletier, Josh R SAW (Josh.R.Pelletier@usace.army.mil); Trowell, Steve; Howell, Jonathan
Dare County Hatteras Inlet Connector Channel Maintenance
DWR will issue a modification to DWR # 13-1279 V2. w CCC le V
Anthony Scarbraugh
Environmental Senior Specialist
Division of Water Resources —Water Quality Regional Operations
Department of Environmental Quality
252 948 3924 office
anthony.scarbraugh@ncdenr.gov
943 Washington Square Mall
Washington, NC 27889
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
Vie' CQ« C.-PI/
21A10 7
Bodnar, Gregg
From: Scarbraugh, Anthony
Sent: Friday, February 16, 2018 10:52 AM
To: Pelletier, Josh R SAW (Josh.R.Pelletier@usace.army.mil)
Cc: Bodnar, Gregg
Subject: Mod to Dare County Hatteras Inlet Connecter Channel Maintenance (DWR Project #
13-1279 V2)
Josh,
As of follow up to my voicemail, I just received the mod request from DCM to widen the previously permitted channel
from the authorized width of 150 feet wide to 200 feet. How does ACE intend on proposing the modification to the
individual permit? f (
�Alill c�G�ti� s�ta� �wa./
Thanks, ! I
Anthony Scarbraugh J
Environmental Senior Specialist
Division of Water Resources — Water Quality Regional Operations ( a
Department of Environmental Quality i'LO ?lJw 61 4- eel -It Y14.t
252 948 3924 office
anthony.scarbraugh@ncdenr.gov
943 Washington Square Mall
Washington, NC 27889
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
w/ a6ofeC usi4� l�
165w a01c(0'— e)9s i i
Bodnar Gregg
From: Winslow, Lancelot D
Sent: Monday, March 05, 2018 3:13 PM
To: Bodnar, Gregg
Subject: RE: Hatteras Inlet Dredge CAMA permit modification #129-16
Hey Gregg,
Sorry I've been extremely busy. I've looked over the permit application package for State Permit No. 129-16. Based on
the dredge box in the plans I received, the Ferry Division has no objections to the proposed work. Please let me know if
you need anything else. Thanks.
From: Bodnar, Gregg
Sent: Friday, March 02, 2018 9:45 AM
To: Winslow, Lancelot D <Iwinslow@ncdot.gov>
Subject: Hatteras Inlet Dredge CAMA permit modification #129-16
Morning Mr. Winslow,
I apologize in advance for asking about comments for a project that technically our deadline request for comments have
not expired, but as you probably know Dare Co. is very interested in a resolution to the issues with the connector
channel. So I wanted to contact you to see if there was anything you may need from my office to help in your comment
decision process. Please let me know if there is anything I can do.
Thank you again for your time,
Gregg
Gregg Bodnar
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
252 808 2808 ext 215 office
Gregg Bodnar(a)ncdenr.00v
400 Commerce Ave
Morehead City, NC 28557
-^""Nothing Compares --,—,—
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties.
Bodnar, Gregg
From:
Staples, Shane
Sent:
Monday, February 19, 2018 4:33 PM
To:
Bodnar, Gregg
Cc:
Trowell, Steve; Howell, Jonathan
Subject:
State Permit No. 129-16 Minor Modification, Hatteras Connector Widening
Gregg,
I have no objections to the proposal to modify permit 129-16 to allow for the widening of the Hatteras Connector
Channel from 100' to 200' providing all previous conditions are adhered to. Hopefully this will reduce the need for
frequency of dredging during the biological moratorium.
Thanks
Shane
Shane F. Staples
Fisheries Resource Specialist
Division of Coastal Management
Department of Environmental Quality
252 948 3950 office
shane. staples(ancden r.00v
943 Washington Square Mall
Washington, NC 27817
!/ Nothing Compares
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
Bodnar, Gregg
From: Dunn, Maria T.
Sent: Wednesday, February 21, 2018 3:59 PM
To: Bodnar, Gregg
Subject: Dare County Hatteras Inlet Connector, 129-16 modification
Gregg,
NCWRC has reviewed and considered the request to widen the allowable dredge channel from 100' to 200'. This request
is presented by the county in attempt to remove enough material to keep the channel open longer and minimize the
need to dredge within the dredge moratorium of April 1—September 30. After review, we do not believe the project will
have significant impacts to wildlife resources and do not object to the modification as long as all other permit conditions
remain.
Thank you for the opportunity to comment on this modification. If I can be of further assistance, please to not hesitate
to call.
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. ncwild life.oro
Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties.
Application Review Checklist
Applicant Entered into Spreadsheet?
Agent Field Rep. Si�Cve
Physical Address
AECs Habitat
Designations
Riparian Notification? Green Card? Signed Form? No Obj Waive 15'
Raparian rights?
Water
Deed? Dependent
PH or
1/4 width?
Developme
Buffer
Navigation/_ -
Channel Proximity - —
FT calculations
PTA Incorporated?
Residential Commercial
8ft2or27ft2 N/A
.2 CGi{� CDh %�o7—
wrr(( 4 C( 6&ra k
- :j�ce,, 0,1-A 1i% (co' 7� 2CO
50( ,—12/a/,w
Development Type w/ Rule Reference on Back
ju;
e
Major Development
Excavation/Fill
Applicant
Address
95�i %fAr
County
Physical Location i iclu ing
Waterbody Description
MP Forms k4-
Dates .6
Permit Checklist
Permit# I%g-/'(p Wt;w—
MP1 I MP2 I MP3 I MP4 MPS
eh&ro1e_ ems,
JL
--#Total-Drawings -- - ----
--- — - -- -
-
Drawings
Dates of Drawings
Development Types Co„� "cam �iGrA ,,
�fz,/
Including Conditions
and Notes
l�o� �o�ci�✓Nd/iio. N �J� pd_<. �� '' //�r tc �y °^5
su e a II /
�t
v �k M94 %SSuec(
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�
(oa(�e'}pn �4'$ � CJc�ia�r�ecl
dr�c(� Corv,cror
1W tujtPodS of 15yl e,tor+S wY Ite Glc7,e Fu,-f�i
Wu Ss
12 4-/(,� r'ssm.( iL/�6l r��ra�;� ,� 4w_
2cc>�Tr OA oN-' f�e_ pp'ec+
( �
DWR 401 Certification # 13 —1L7q qg USACE SAW # ,?
Permit Fee
Additional Comments On Back
/ N
i l
0l7�r
Bodnar, Gregg
From: Trowell, Steve
Sent: Wednesday, February 28, 2018 3:43 PM
To: Huggett, Doug; Howell, Jonathan
Cc: Bodnar, Gregg
Subject: FW: [External] RE: Hatteras Inlet Connector Channel
Importance: High
Correction of previous email from Ken Wilson concerning the cubic yardage to be "side dumped" from 5,000 to 500
cubic yards.
From: Willson, Kenneth [mailto:Kenneth.Willson@aptim.com]
Sent: Tuesday, February 27, 2018 9:45 AM
To: Trowell, Steve <steve.trowell@ncdenr.gov>
Cc: Rosov, Brad <Brad.Rosov@aptim.com>
Subject: [External] RE: Hatteras Inlet Connector Channel
Importance: High
Steve,
I was just sending a similar email to Josh P. at the USACE and noticed I wrote 5,000 instead of 500. The USACE has asked
for permission to temporarily dump 500 cy. NOT 5,000.
/, APTIM
Ken Willson
Client Program Manager
Tel: + 1910 7919494
Cell: + 1910 443 4471
Kenneth. W illson@APTI M.com
PLEASE NOTE NEW EMAIL ADDRESS
APTI M
4038 Masonboro Loop Road
Wilmington, NC 28409
From: Willson, Kenneth
Sent: Tuesday, February 27, 2018 8:44 AM
To: 'Trowell, Steve' <steve.trowell@ncdenr.gov>
Cc: Rosov, Brad <Brad.Rosov@aptim.com>
Subject: Hatteras Inlet Connector Channel
Steve,
As we discussed attached is a chart developed by the USACE that shows their proposed channel. Note that they have
limited this channel to 100 ft. wide in the interest of time that they have to conduct the work. They may try to widen
the turn which is why we need the permit mod to widen to 200 ft. before they start March 14th. Also on the chart, you
will see a red line to the west of the channel with a note on the map that reads "Temporary disposal site. Approximately
5000 cy. This are will only be used until the dredge has enough depth to get acreoss the shoal. We will return and pick
up the material and take it to the near shore disposal." This is the temporary dump area we discussed on the
phone. The USACE has asked for the temporary disposal area to maximize dredge efficiency. If they are not allowed to
do this, they would have to wait for high tide only and dredge partial loads to make it over the shallowest part of the
channel to sail out to the offshore disposal site. Please let me know if you need anything more on my end to make a
decision on this request. I believe that is going to be one of the first places they want to dredge so we will want to have
a decision by March 14th or earlier if possible.
Kind Regards,
,, APTIM
Ken Willson
Client Program Manager
Tel: + 1910 7919494
Cell: + 1910 443 4471
Kenneth. W iIIson @APTIM.com
PLEASE NOTE NEW EMAIL ADDRESS
APTI M
4038 Masonboro Loop Road
Wilmington, NC 28409
DCM Coordinator: . J.� Permit
y
MAH.ING DiS2RI•BUT3:ON
Permitee• OW—
Agents:
DCMFlield Offices.
Elizabeth City (with revised work plan drawings)
Morehead City
Washington
Wilmington
US ACOE Offices:
Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans,
Tyrrell)
" Josh Metier (BA*e, Currituck, Dare, Gates; Pamlico, Pasquotank, Washington)
Tom Steffans (NC DOT- Beaufort; Carteret, Craven, Pamlico)
Bill Biddlecome (NGDOT-Remainder ECitylWashington District)
Wilmington: Tyler Cnunbley (Brunswick, New Hanover)
Liz Hair (Carteret, Onslow, Pender)
Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Cultural Resources: Gledhill -Barley
_Public Water Supply: Heidi Cox (WlRO)
Clif Whitfield (WARO)
Marine Fisheries: Shane Staples
Curt Weychert
NC DOT: David Harris
Shellfish Sanitation: Shannon Jenkins
State Property: Tim Walton
DFAURIDWR: Karen Higgins
Kristy'Lynn Carpenter (NC DOT -All Projects)
Washington: Anthony Scarbraugh-401
Roger Thorpe-Stormwater
Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck,
Dare, Gates, Hertford, Hyde, Pamlico, Pasgwtank, Perquimans, Tyrrell, Washington)
Wilmington: Robb Mairs - 401(Carteret, Onslow, Pender, New Hanover)
Chad Coburn — 401(Brunswick)
Georgette Scott : Stormwater
Joanne Steenhuis - 401(NCDOT-Brunswick, New Hanover, Onslow, Pender)
Wildlife Resources: Maria Dunn (WARD
l�T Z m4o►�/ WIk512!! r n po f <o✓
Fax Distribution: Permittee #: Agent#
r'
WaterResources
Environmental Quality
March 7, 2018
ROY COOPER
Govel'nor
MICHAEL S. REGAN
Seen'Menv
LINDA CULPEPPER
Inlet'im Direvor
DWR #'20131279 v3.
Dare and Hyde Counties
Dare County RECEIVED
Attn: Mr. Robert Outten
954 Marshal CCollins Drive
manteo,NC27954 MAR 1 2 2018
Subject: Approval of Individual 401 Water Quality Certification — Modification
Dare County Hatteras. Inlet Connecter Channel Widening Project MP SECTION MH®
Dear Mr. Outten,
Attached hereto is a copy of Certification No. 4081 issued to Dare County, dated March 2, 2018. This
Certification' replaces the Certification issued on December 16, 2016'to include additional impacts
for connector r'channel widening for Dare County. 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 General Statute 150E by filing a written petition foi.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 htto://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 ofthe petition
along -with any,applicable OAH filing fee is received by the OAH within five (5) business days following the
faxed transmission.
Mailing address.for-the OAH:
If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc):
Office .ofAdministrative Hearings Office -of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6714 Raleigh; NC 27609-6285
Sfate of North Carolina I Environmental Quality
450 W. Hanes Mill Road, Suite,300, Winston-Salem, North Carolina 27105
Phone: 336-776-98001 FAX* 336.776-9797
DARE COUNTY
DWRff 13-1279 VS
Individual Certification"g4081
Page 2'of 7
One (lj copy of the petition must also be served to DEQ:
William F. Lane, Genera( Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, INC 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 461 of the Clean Water Act and 15A
NCAC 02H .0500. Contact Anthony Scarbraugh at 252-948-3924 or anthony.scarbraueh@ncdenr.sov if
you have any:questions or concerns.
Sincerely,
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
cc: Gregg Bodnar, DCM Morehead City (via email: ereae.bodnar@ncdenr.gov)
Jonathan Howell, DCM WARP (via a 'mail: ionathan.howell@ncdenr.gov)
Josh Pelletier,.USACE.Washington Regulatory Field Office
(via email: josh.r.pelletier@usace.armv.mil)
Samir Dumpor, DEMLR WaRO (via email: samir.dumpor@ncdenr.Rov)
Kenneth Willson,. Coastal Planning& Engineering of North Carolina;. Inc.
(via email: kenneth.willson@cbi.com)
Anthony Scarbraugh, WaRO (via email: anthony.scarbrauah@ncdehr.zovj
DWR 401 & Buffer Permitting. Branch file
Filename: 131279v3HatteraslnletConnecterChannelMaintenanceProject(DareHyde)_401 IC Mod
RECEIVED
E®
MAR 1 2 2018
MP SECTION MH®
DARECOUNTY
D W Rtf 13-1279V3
Individual Certification p4081
Page 3 of 7
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION N4081 is issued in conformity with the requirements of Section 401, Public Laws 92-500 and
95-217 of the United States and subject;to. North Carolina's.Regulations in 15:NCAC 02H .0500, to Dare
County who have authorization for the impacts listed below, as;descrilied within your application received
by the N.C. Division of Water Resources (Division) on February 16, 2018 and subsequent information on
March 2, 2018.
The State of North Carolina certifies that this activity,will not violate the applicable portions of;Secfions:
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 cohditions;listed in the certification below.
Conditions of Certification:
1. The.following impacts are hereby approved'provided that all of the other specific:and general
conditions of the Certification are met. No'other impacts are approved, including incidentai
impacts. [15ANCACO28`:.0506(b)(c]
Type of Impact
Amount Approved
(units)
Permanent
Amount Reduced
(units)
Temporary
Open Water
0W1(Previous Dredging Event)
19.5 (acres)
0 (acres)
OW2'(Connector Canal Widening Dredge)
11.5
(acres)
0 (acres)
2. This,approval is for the purpose and design described,in your application and as described in the Public
Notice. The plans and specifications- for this project are ;incorporated by reference and are an
,enforceable part. of the Certification. Any modifications to the project require notification to DWR
and may require an application submittal to DWR with the appropriate fee. [15A NCAC 02H .0501
and .0502]
Oue to the potential for impacts from sedimentation and/or turbidity on submerged aquatic
vegetation (SAV) beds and other marine habitat; when practical, the applicant shall use, a hopper
dredge plant with minimum 100-foot buffer between the historically mapped SAV beds and the
proposed dredge channel widening, utilizing the previously authorized nearshore disposal site in the
Atlantic Ocean just south of Ocracoke Island. If the;100-foot buffer cannot be maintained, the DWR
Washington Regional Office (252-946-6481) must be notified. [15A NCAC 02B .0221]
4. If a sidecast dredge is utilized:
a. 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 sue 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), mus Iad.�®
NCAC,028 :0221]
MAR 1 2 2018
MP SECTION MH®
DARE COUNTY
DWR# 13-1279 V3
Individual Certification #4081
Page 4 of 7
5. When practical, the applicant shall limit dredging with the Dredge Moratorium (April 1 to September
30) only to events associated with storm or shoaling that creates navigational hazards or commercial
and recreational vessels: If dredging must occur during the Dredge Moratorium; the DWR Washington
Regional 0ffice (252-946-6481) must be notified. (15A NCAC 02B .0221]
6. All mechanized equipment operated near surface waters or wetlands shall be regularly, inspected and
maintained regularly to prevent contamination of surface waters and -wetlands from fuels, lubricants,
hydraulic fluids, or other toxic materials. In the event of a hydrocarbon or chemical spill; the
permittee/contractor shall immediately contact the Division of Water Resources, between the hours
of8 am to 5 pm at the Washington Regional Office,at (252) 946-6481 and after hours and on weekends
call ($QO) 858-0368. Management of such spills shall comply with provisions of the North Carolina Oil
Pollution and Hazardous Waste Control Act. (15A NCAC 02H .0506(b)(3) and (c)(3); 15A'NCAC 029
.0200 (3(f), and G.S. 143 Article'21A]
The Permittee shall adhere to Title 15A NCAC 02B .0221 Tidal' Salt Water.Quality for SA Waters and
thewater quality standards applicable to Class SC and SB waters as described in Rule..220 and Rule
A222 including but not limited to:
(g) pH: shall be normal waters for the waters in the area, which generally shall range between 6.8
and 8.5 except that swamp waters may have a pH as low as 4.3'if it is the result of natural
conditions; [15A NCAC 02B .0220(g)]
(1) Turbidity: the turbidity in the receiving waters shall not exceed 25 NTU; if turbidity exceeds this
level due. to natural background conditions, the existing turbidity level shall not be increased.
Compliance with this turbidity standard ,can be met when land management activities'employ
Best Management Practices (BMPs) (as defined by Rule .0202 of this Section). BMPs must be In
full compliance with all,specifications governing the proper design, installation, operation and
maintenance of such BMPs; 115A NCAC 02B .0220(1)]
8. D.are 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 otherappropriate requirements of'State•andFederal law. [15A NCAC 02B,.02001 If the
Division determines, that such standards or laws. are not being met (including the failure to, sustain a'
designated,or achieved use) or that State or federal law is being violated,.or that further conditions are
neeessary'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 15.A,NCAC 02H .0504. Any new•or revised conditions.shall be provided to.
Dare County in writing, shall,be provided tothe.U.S. Army Corps of Engineers for reference in any Permit
issued pursuant.to Section 404 of the Clean Water Act; and shall also become conditions of the,404.
Permit for the project.
9. The applicant and/or authorized agent shall provide a completed Certificate of Completion Form to
the DWR -401 & Buffer Permitting ,Unit within ten days of project completion ;(available at:
http://aortal ncdenr ore/web/wo/swp/ws/401/certsandpermits/apply/forms.) (15A NCAC 02H
.0502(f)] RECEIVED
MAR 1 2 2018
MP SECTION WD
DARE COUNTY
D W R#:13-1279 V3
Individual Certification,#4081
Page S of.7
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 erosion control Best Management Practices shall be performed so that no violations of
state water quality standards„statutes, or rules occur. Approved plans and specifications for this
project are incorporated by references and are'enforce6ble 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 condition's and requirements of the NPDES Construction
Stormwater Permit issued to the site 115A NCAC 02H .0506 (b)(3) and (c)(3),and 15A NCAC 02B .0200):
12. Design, installation, operation, and maintenance of the sediment and erosion control measures must
be such that 'they equal or exceed the requirements'specified in the most recentversion'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.
13. For borrow pit sites, the erosion and sediment control 'measures must be designed, installed;
operated, and maintained in accordance with the most recentversion'of the North Carolina Surface
Mining Manual.
14. Reclamation measures and, implementation mustcomply with the reclamation in accordance with the
requirements of the Sedimentation Pollution.Control Act and the Mining.Act of 1971.
15. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall: be on site at all times.
16. If the projectoccurs in waters orwatersheds classified as Primary Nursery Areas (PNAS), SA, WS-I, WS-
II, High Quality (HQW), or Outstanding Resource (ORW) waters,. then the sedimentation and erosion
control designs must comply withthe'.requiremonts set forth in 15A NCAC 04B,.0124, Design
Standards in Sensitive Watersheds.
17: Sedimentand erosion.control.measures shall not be placed in wetlands orwaters. 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 measuresshall notbe 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. AII'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) RECEIVED
MAR 1 2 2018
RPIP SECTION MHD
DARE COUNTY
DWRM.13-1279 V3
Individual Certification #4081
Page.6 of
18. An NPDES Construction Stormwater Permit'is required for construction projects that disturb one (1)
or more acres of land. This Permit allows stormwater to be discharged during, land .distur6ing
construction activities as stipulated in the conditions of the permit. If your project is covered by this
permit,, full compliance: With permit conditions including the erosion & sedimentation control plan,
inspections and maintenance, self -monitoring, record keeping and reporting requirements is
required. A copy of the general permit (NCG010000), inspection log sheets, and other information
may be found at htto://Portal.ncdene.org/web/wo/ws/su/nbdessw#tab-w. [15A ;NCAC 02H
.0506(b)(5) and (c)(5)]
19. Activities located in protected riparian areas (whetherjurisdictional wetlands.or not); within the
Neuse, Tar -Pamlico, oeCatawbaRiver 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 NCACO2B .0200]
20. If concrete is used during the construction, then all necessary measures shall be taken to prevent
direct contact between_uncured or curing concrete and waters of the state'. Water that inadvertently
contacts uncured concrete shall not be discharged to waters of the state due to the potential for
elevated pH and possible aquatic life/ fish kills. [15A NCAC:028.0200]
21. If an environmental document Is required under the:State Environmental Policy Act (SEPA), then this
Certification is not valid until a Finding of No<SignificanUmpact (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. [15ANCAC
01C .0107(a)]
22. This Certification does not relieve the applicant of the responsibility to obtain all other required
Federal; State, or Local approvals.
23. The a ' licant pp /permdtee and.tfieirauthorized 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 thi&Water Quality
Certification. 115A NCAC 02H .0507(d))
24.'Upon completion of all impacts included within this approval and any subsequent modifications, the
applicant.shall be required to returnthe: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)] REC EnI ®E®
MAR 1 2 201E
MP SECTION I! HD
DARECOuNTY
DWR# 13-1279 V3
Individual Certification#4081
Page 7 of 7
25. Additional site -specific conditions, including monitoring and/or modeling requirements, may be
added tothe written approval letter for projects proposed_ under this Water Qua lity;Certification in
order to ensure compliance with all applicable waterquality and effluent standards. [15A NCAC 02H
.0507,(c)]
26. This certification grants permission to the director, an authorized representativeof the Director,. or
DENR staff, upon the presentation of'proper credentials, to.enter the property during normal business
hours. [15A NCAC 02H .0502(e)]
27. 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]
28. Non-compliance with or violation of the conditions herein set forth may result in revocation of this
Certification and may also result in criminal acid/or civil penalties.
KAH/ads
4081
This the 7th day of March 2018
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
RECEIVED
E®
MAR 1 2 2018
NIP SECTION MHD
Bodnar, Gregg
From:
Gledhill-earley, Renee
Sent:
Monday, March 12, 2018 3:14 PM
To:
Mintz, John
Cc:
Bodnar, Gregg
Subject:
FIN: Hatteras ER 16-2031
John:
Once your folks are done with this review, which you seem to think will be soon and will positive for DCM/USACE/etc
please let Greg know so he can move forward knowing that we will get what he needs in writing to him asap. Please
copy me.
Thanks,
Renee Gledhill -Earley
Environmental Review Coordinator
State Historic Preservation Office
109 E Jones St MSC 4617 Raleigh, NC 27699
919 807 6579 office
OWENS
m0ru® NC DEPARTMENT OF
211111
monnn NATURAL AND CULTURAL RESOURCES
■t2®leIII
Email correspondence to and from this address is subject to the North Carolina Public Records Law
and may be disclosed to third parties.
Please Note: Requests for project review or responses to our review comments should be sent to our Environmental Review
emailbox at environmental.review@ncdcr.gov Otherwise, I will have to return your request and ask that you send it to the proper
mailbox. This will cause delays in your project. Information on email project submittal is at:
http://www.hpo.ncdcr.gov/er/er—emall—submittal.html
From: Bodnar, Gregg
Sent: Monday, March 12, 2018 2:51 PM
To: Gledhill-earley, Renee <renee.gledhill-earley@ncdcr.gov>
Subject: Hatteras ER 16-2031
Afternoon Renee,
I wanted to call directly but am slammed with interviews this week. So I apologize for asking via email. But I wanted to
ask if you've been able to make any headway. I had a great conversation with your group on Friday trying to help them
with the background. Unfortunately I didn't get a phone number to contact them.
Thanks so much for all the help,
Gregg
Gregg Bodnar
A'
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
252 808 2808 ext 215 office
Greoo.Bodnar(7a ncdenr.gov
400 Commerce Ave
Morehead City, NC 28557
t:.. -5:. Nothing Compares.,-.....
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
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